1st Circuit Case Commentaries

Reaffirming Standards for Franks Motions, Jury Instructions, and Loss Calculations in Mail and Wire Fraud Cases: United States v. Ranney & Cioffi

Date: Aug 2, 2002

Reaffirming Standards for Franks Motions, Jury Instructions, and Loss Calculations in Mail and Wire Fraud Cases: United States v. Ranney & Cioffi Introduction In the landmark case of United States of...

First Circuit Clarifies FOIA Exemptions: Rejecting 'Primarily for Litigation' Standard in Work-Product Claims

Date: Jul 31, 2002

First Circuit Clarifies FOIA Exemptions: Rejecting 'Primarily for Litigation' Standard in Work-Product Claims Introduction The case of State of Maine v. United States Department of the Interior,...

Piper v. United States: Reevaluation of Coconspirator Hearsay Exceptions

Date: Jul 27, 2002

Piper v. United States: Reevaluation of Coconspirator Hearsay Exceptions Introduction In the case of United States of America v. Stanley M. Piper, 298 F.3d 47 (1st Cir. 2002), the United States Court...

Defining Finality and Procedural Default Post-Apprendi: Commentary on Derman v. United States

Date: Jul 26, 2002

Defining Finality and Procedural Default Post-Apprendi: Commentary on Derman v. United States Introduction Derman v. United States, 298 F.3d 34 (1st Cir. 2002), is a pivotal case that delves into the...

Strict Enforcement of Scheduling Orders in Civil Litigation: Insights from Tower Ventures, Inc. v. City of Westfield

Date: Jul 24, 2002

Strict Enforcement of Scheduling Orders in Civil Litigation: Insights from Tower Ventures, Inc. v. City of Westfield Introduction The case of Tower Ventures, Inc. v. City of Westfield, adjudicated by...

Effective Prohibition of Wireless Services: Insights from National Tower, LLC v. Plainville Zoning Board of Appeals

Date: Jul 19, 2002

Effective Prohibition of Wireless Services: Insights from National Tower, LLC v. Plainville Zoning Board of Appeals Introduction The case of National Tower, LLC; Omnipoint Communications, Inc. v....

Limiting the Scope of Section 1981 in Retail Discrimination Claims: Garrett v. Tandy Corporation

Date: Jul 10, 2002

Limiting the Scope of Section 1981 in Retail Discrimination Claims: Garrett v. Tandy Corporation Introduction In Garrett v. Tandy Corporation d/b/a Radio Shack (295 F.3d 94, 2002), the United States...

Affirming the Threshold of Disability in ADA Claims: Carroll v. Xerox Corporation

Date: Jun 29, 2002

Affirming the Threshold of Disability in ADA Claims: Carroll v. Xerox Corporation Introduction Carroll v. Xerox Corporation, 294 F.3d 231 (1st Cir. 2002), is a significant appellate decision that...

Strategic Litigation Choices Bound Appellate Review in Excessive Force Claims: Wilson v. Town of Mendon

Date: Jun 18, 2002

Strategic Litigation Choices Bound Appellate Review in Excessive Force Claims: Wilson v. Town of Mendon Introduction In Richard E. Wilson v. Town of Mendon, James Crosby, and Dennis Grady, 294 F.3d 1...

Effective Assistance of Counsel: Broken Promise in OUBER v. GUARINO Establishes New Standards

Date: Jun 18, 2002

Effective Assistance of Counsel: Broken Promise in OUBER v. GUARINO Establishes New Standards Introduction The case of Barbara Ouber, Petitioner, Appellee v. Barbara Guarino, Respondent, Appellant,...

Overturning Blanket Nonfiling Policies: Enhancing Public Access Rights Under the First Amendment

Date: Jun 13, 2002

Overturning Blanket Nonfiling Policies: Enhancing Public Access Rights Under the First Amendment Introduction The case of In Re Providence Journal Company, Inc. (293 F.3d 1) presents a significant...

Jurisdictional Abstention in Bankruptcy Proceedings: Insights from In re Middlesex Power Equipment Marine, Inc.

Date: Jun 12, 2002

Jurisdictional Abstention in Bankruptcy Proceedings: Insights from In re Middlesex Power Equipment Marine, Inc. Introduction The case of In re Middlesex Power Equipment Marine, Inc., Debtor examines...

Rescission Under TILA Does Not Void Arbitration Clauses: First Circuit Upholds Mandatory Arbitration

Date: Jun 7, 2002

Rescission Under TILA Does Not Void Arbitration Clauses: First Circuit Upholds Mandatory Arbitration Introduction The case of William E. Large and Diane A. Large v. Conseco Finance Servicing...

Mandatory Exhaustion of Administrative Remedies Under PLRA: A Comprehensive Analysis of Medina-Claudio v. Rodríguez-Mateo

Date: Jun 5, 2002

Mandatory Exhaustion of Administrative Remedies Under PLRA: A Comprehensive Analysis of Medina-Claudio v. Rodríguez-Mateo Introduction Medina-Claudio v. Rodríguez-Mateo, 292 F.3d 31 (1st Cir. 2002),...

Constructive Obligations in Hostile Work Environment Claims: Insights from Gorski v. New Hampshire Department of Corrections

Date: May 25, 2002

Constructive Obligations in Hostile Work Environment Claims: Insights from Gorski v. New Hampshire Department of Corrections Introduction In Tara Gorski v. New Hampshire Department of Corrections,...

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