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  • Commentaries
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1st Circuit Case Commentaries

ERISA Benefits Termination: 'Satisfactory to Us' Indicates Discretionary Review—Insights from Brigham v. Sun Life of Canada

ERISA Benefits Termination: 'Satisfactory to Us' Indicates Discretionary Review—Insights from Brigham v. Sun Life of Canada

Date: Jan 29, 2003
ERISA Benefits Termination: 'Satisfactory to Us' Indicates Discretionary Review—Insights from Brigham v. Sun Life of Canada Introduction Brigham v. Sun Life of Canada, 317 F.3d 72 (1st Cir. 2003), is...
First Amendment Protections Reinforced: Striking Down Puerto Rico's Criminal Libel Statute in Mangual v. Rotger-Sabat

First Amendment Protections Reinforced: Striking Down Puerto Rico's Criminal Libel Statute in Mangual v. Rotger-Sabat

Date: Jan 22, 2003
First Amendment Protections Reinforced: Striking Down Puerto Rico's Criminal Libel Statute in Mangual v. Rotger-Sabat Introduction In the landmark case of Mangual v. Rotger-Sabat, the United States...
Unanimity Not Required for Specific Items Possessed Under 18 U.S.C. § 1029(a)(3)

Unanimity Not Required for Specific Items Possessed Under 18 U.S.C. § 1029(a)(3)

Date: Jan 18, 2003
Unanimity Not Required for Specific Items Possessed Under 18 U.S.C. § 1029(a)(3) Introduction In the case of UNITED STATES of America v. Ngai Man Lee, the United States Court of Appeals for the First...
Qualified Immunity Shields Police Officers in Retaliation Claims: Insights from Dirrane v. Brookline Police Department

Qualified Immunity Shields Police Officers in Retaliation Claims: Insights from Dirrane v. Brookline Police Department

Date: Jan 1, 2003
Qualified Immunity Shields Police Officers in Retaliation Claims: Insights from Dirrane v. Brookline Police Department Introduction Dirrane v. Brookline Police Department is a pivotal case...
Balancing Prosecutorial Misconduct and Evidentiary Strength: Analysis of United States v. Mooney

Balancing Prosecutorial Misconduct and Evidentiary Strength: Analysis of United States v. Mooney

Date: Dec 31, 2002
Balancing Prosecutorial Misconduct and Evidentiary Strength: Analysis of United States v. Mooney Introduction In United States v. Dennis J. Mooney, decided on December 30, 2002, the United States...
AINSWORTH v. STANLEY: Upholding the Fifth Amendment in Sex Offender Programs

AINSWORTH v. STANLEY: Upholding the Fifth Amendment in Sex Offender Programs

Date: Dec 25, 2002
AINSWORTH v. STANLEY: Upholding the Fifth Amendment in Sex Offender Programs Introduction Wayne AINSWORTH, et al., Plaintiffs, Appellants, v. Phillip STANLEY, Commissioner, New Hampshire Department...
Affirming Partial Judge Recusal and Adherence to Law of the Case in Collateral Habeas Petitions: Ellis v. United States

Affirming Partial Judge Recusal and Adherence to Law of the Case in Collateral Habeas Petitions: Ellis v. United States

Date: Dec 21, 2002
Affirming Partial Judge Recusal and Adherence to Law of the Case in Collateral Habeas Petitions: Ellis v. United States Introduction In Edward B. Ellis v. United States (313 F.3d 636, 2002), the...
Affirmation of Arbitrary and Capricious Standard for Discretionary Plan Administrators in ERISA Benefit Denial Cases

Affirmation of Arbitrary and Capricious Standard for Discretionary Plan Administrators in ERISA Benefit Denial Cases

Date: Dec 18, 2002
Affirmation of Arbitrary and Capricious Standard for Discretionary Plan Administrators in ERISA Benefit Denial Cases Introduction The case of Daniel J. Leahy v. Raytheon Company et al., decided by...
Defalcation Standards for Fiduciaries in Bankruptcy: Insights from In re Carl E. Baylis

Defalcation Standards for Fiduciaries in Bankruptcy: Insights from In re Carl E. Baylis

Date: Dec 11, 2002
Defalcation Standards for Fiduciaries in Bankruptcy: Insights from In re Carl E. Baylis Introduction The case In re: Carl E. Baylis, Debtor (313 F.3d 9) adjudicated by the United States Court of...
Cintrón-Lorenzo v. Departamento de Asuntos del Consumidor: Establishing Standards for Dismissal for Lack of Diligent Prosecution under Fed. R.Civ.P. 41(b)

Cintrón-Lorenzo v. Departamento de Asuntos del Consumidor: Establishing Standards for Dismissal for Lack of Diligent Prosecution under Fed. R.Civ.P. 41(b)

Date: Dec 11, 2002
Cintrón-Lorenzo v. Departamento de Asuntos del Consumidor: Establishing Standards for Dismissal for Lack of Diligent Prosecution under Fed. R.Civ.P. 41(b) Introduction Cintrón-Lorenzo v. Departamento...
Affirmation of Summary Judgment in Gu and Santoro v. Boston Police Department: Reinforcing Standards in Employment Discrimination Litigation

Affirmation of Summary Judgment in Gu and Santoro v. Boston Police Department: Reinforcing Standards in Employment Discrimination Litigation

Date: Dec 3, 2002
Affirmation of Summary Judgment in Gu and Santoro v. Boston Police Department: Reinforcing Standards in Employment Discrimination Litigation Introduction The case of Joann Gu and Carol Santoro v....
LATTIMORE v. DUBOIS: Enforcing AEDPA's One-Year Limit on Habeas Corpus Petitions

LATTIMORE v. DUBOIS: Enforcing AEDPA's One-Year Limit on Habeas Corpus Petitions

Date: Nov 15, 2002
LATTIMORE v. DUBOIS: Enforcing AEDPA's One-Year Limit on Habeas Corpus Petitions Introduction James Lattimore, a petitioner incarcerated in Massachusetts, faced a pivotal legal battle concerning the...
Affirmation of Non-Dwelling Burglary as a Predicate Crime for Career Offender Sentencing in United States v. Rodriguez

Affirmation of Non-Dwelling Burglary as a Predicate Crime for Career Offender Sentencing in United States v. Rodriguez

Date: Nov 13, 2002
Affirmation of Non-Dwelling Burglary as a Predicate Crime for Career Offender Sentencing in United States v. Rodriguez Introduction The case of United States v. Robert S. Rodriguez (311 F.3d 435, 1st...
First Circuit Clarifies PSLRA Pleading Standards for Securities Fraud: Confidential Sources and Scienter in In re Cabletron Systems, Inc.

First Circuit Clarifies PSLRA Pleading Standards for Securities Fraud: Confidential Sources and Scienter in In re Cabletron Systems, Inc.

Date: Nov 13, 2002
First Circuit Clarifies PSLRA Pleading Standards for Securities Fraud: Confidential Sources and Scienter in In re Cabletron Systems, Inc. Introduction The case of In re: Cabletron Systems, Inc.,...
Sovereign Immunity in Federal Administrative Proceedings: Insights from Rhode Island Dept. of Environmental Management v. United States

Sovereign Immunity in Federal Administrative Proceedings: Insights from Rhode Island Dept. of Environmental Management v. United States

Date: Nov 9, 2002
Sovereign Immunity in Federal Administrative Proceedings: Insights from Rhode Island Dept. of Environmental Management v. United States Introduction The case of Rhode Island Department of...
Redemption Agreements Post-Bankruptcy: Upholding Security Interests Without Violating the Discharge Injunction

Redemption Agreements Post-Bankruptcy: Upholding Security Interests Without Violating the Discharge Injunction

Date: Oct 31, 2002
Redemption Agreements Post-Bankruptcy: Upholding Security Interests Without Violating the Discharge Injunction Introduction In the landmark case of Dorothy Arruda et al. v. Sears, Roebuck Co. et al.,...
Sentencing Disparity and Procedural Defaults: Analysis of Berthoff v. United States

Sentencing Disparity and Procedural Defaults: Analysis of Berthoff v. United States

Date: Oct 22, 2002
Sentencing Disparity and Procedural Defaults: Analysis of Berthoff v. United States Introduction Berthoff v. United States, 308 F.3d 124 (1st Cir. 2002), is a significant appellate case that...
First Circuit Sets New Precedent on Medicaid Waiver Slot Requirements in BRYSON v. SHUMWAY

First Circuit Sets New Precedent on Medicaid Waiver Slot Requirements in BRYSON v. SHUMWAY

Date: Oct 16, 2002
First Circuit Sets New Precedent on Medicaid Waiver Slot Requirements in BRYSON v. SHUMWAY Introduction In the landmark case of Bonnie Bryson and Claire Shepardson, on behalf of themselves and all...
Alcoholism Not Considered a Disability Under ADA Without Substantial Limitation: Bailey v. Georgia-Pacific

Alcoholism Not Considered a Disability Under ADA Without Substantial Limitation: Bailey v. Georgia-Pacific

Date: Oct 10, 2002
Alcoholism Not Considered a Disability Under ADA Without Substantial Limitation: Bailey v. Georgia-Pacific Introduction BAILEY v. GEORGIA-PACIFIC CORPORATION is a significant appellate case...
Deliberate Indifference in Pretrial Detention: Burrell v. Hampshire County

Deliberate Indifference in Pretrial Detention: Burrell v. Hampshire County

Date: Oct 5, 2002
Deliberate Indifference in Pretrial Detention: Burrell v. Hampshire County Introduction Burrell v. Hampshire County is a pivotal case adjudicated by the United States Court of Appeals for the First...
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