1st Circuit Case Commentaries

Affirming Waiver of Appeal Rights in Plea Agreements: Insights from United States v. Ciampi

Date: Aug 18, 2005

Affirming Waiver of Appeal Rights in Plea Agreements: Insights from United States v. Ciampi Introduction In United States v. Ciampi, the United States Court of Appeals for the First Circuit addressed...

United States v. Councilman: Expanded Interpretation of the Wiretap Act to Include Transient Electronic Storage

Date: Aug 12, 2005

United States v. Councilman: Expanded Interpretation of the Wiretap Act to Include Transient Electronic Storage Introduction United States of America v. Bradford C. Councilman is a landmark case...

Affirming Rhode Island's Regulatory Authority over Liquor Franchise Licensing

Date: Aug 11, 2005

A Comprehensive Commentary on Wine and Spirits Retailers, Inc. v. State of Rhode Island Introduction The case of Wine and Spirits Retailers, Inc. and John Haronian v. State of Rhode Island et al....

Extraterritorial Jurisdiction Under the Lanham Act: McBEE v. Delica Co., Ltd.

Date: Aug 3, 2005

Extraterritorial Jurisdiction Under the Lanham Act: McBEE v. Delica Co., Ltd. Introduction The case of Cecil McBEE v. DELICA Co., Ltd. (417 F.3d 107) adjudicated by the United States Court of Appeals...

Plain Error Review Applied to Delegation of Sentencing Authority in United States v. Padilla

Date: Jul 26, 2005

Plain Error Review Applied to Delegation of Sentencing Authority in United States v. Padilla Introduction United States v. Joel Padilla is a landmark decision by the United States Court of Appeals...

Affirming Apportionment of Liability in Medical Malpractice: HIMA v. Turabo Medical Center Partnership

Date: Jul 16, 2005

Affirming Apportionment of Liability in Medical Malpractice: HIMA v. Turabo Medical Center Partnership Introduction The case of Maria Yolanda Marcano Rivera et al. v. Turabo Medical Center...

Affirmation of Summary Judgment in Ingram v. Brink's Inc.: Implications for Failure-to-Promote and Equal Pay Claims

Date: Jul 16, 2005

Affirmation of Summary Judgment in Ingram v. Brink's Inc.: Implications for Failure-to-Promote and Equal Pay Claims Introduction The case of Kathleen M. Ingram v. Brink's, Incorporated (414 F.3d 222)...

Stone Webster Inc. Litigation: Distinguishing Pleading Standards for Securities Fraud Claims under PSLRA

Date: Jul 15, 2005

Stone Webster Inc. Litigation: Distinguishing Pleading Standards for Securities Fraud Claims under PSLRA Introduction In re Stone Webster, Inc., Securities Litigation is a pivotal case adjudicated by...

IRS's Right to Request Comprehensive Financial Information in Offers in Compromise: Analysis of Olsen v. United States

Date: Jul 9, 2005

IRS's Right to Request Comprehensive Financial Information in Offers in Compromise: Analysis of Olsen v. United States 1. Introduction The case of Richard E. Olsen v. United States, 414 F.3d 144 (1st...

Hearsay Admissibility and Confrontation Clause in Sentencing: Insights from United States v. Luciano

Date: Jul 9, 2005

Hearsay Admissibility and Confrontation Clause in Sentencing: Insights from United States v. Luciano Introduction The case of United States v. Ernesto Luciano, adjudicated by the United States Court...

Standing Requirements in First Amendment Challenges: Insights from Osediacz v. City of Cranston

Date: Jul 7, 2005

Standing Requirements in First Amendment Challenges: Insights from Osediacz v. City of Cranston Introduction The case of Grace C. Osediacz v. City of Cranston, adjudicated by the United States Court...

Reaffirming Notice Pleading Standard for Civil Rights Actions under 42 U.S.C. §1983

Date: Jul 2, 2005

Reaffirming Notice Pleading Standard for Civil Rights Actions under 42 U.S.C. §1983 Introduction In the case of Frank Cepero-Rivera & Jennifer Cepero-Salgado v. Engineer Fernando E. Fagundo, the...

Nereida Ruiz-Casillas v. Camacho-Morales: Defining Policymaking Trust Positions and Political Affiliation Requirements

Date: Jul 1, 2005

Nereida Ruiz-Casillas v. Camacho-Morales: Defining Policymaking Trust Positions and Political Affiliation Requirements Introduction The case of Nereida Ruiz-Casillas v. Luis A. Camacho-Morales et al....

Affirmation of Emergency Aid Exception and Protective Sweeps: United States v. Martins

Date: Jun 28, 2005

Affirmation of Emergency Aid Exception and Protective Sweeps: United States v. Martins Introduction The case of United States of America v. Christopher Martins, 413 F.3d 139 (1st Cir. 2005), presents...

First Circuit Limits Judicial Authority on Voluntary Departure Post-IIRIRA in Bocova v. Gonzales

Date: Jun 25, 2005

First Circuit Limits Judicial Authority on Voluntary Departure Post-IIRIRA in Bocova v. Gonzales Introduction Bocova v. Gonzales, 412 F.3d 257 (1st Cir. 2005), is a landmark case adjudicated by the...

Affirmation of State Exclusions on Religious and Anti-Aid Initiative Amendments Under Intermediate Scrutiny

Date: Jun 25, 2005

Affirmation of State Exclusions on Religious and Anti-Aid Initiative Amendments Under Intermediate Scrutiny Introduction The case of Michael WIRZBURGER, et al. v. William F. GALVIN, Secretary of...

Affirmation of Felon Firearm Possession Conviction: Insights from United States v. Mercado

Date: Jun 17, 2005

Affirmation of Felon Firearm Possession Conviction: Insights from United States v. Mercado Introduction In United States v. Mercado, 412 F.3d 243 (1st Cir. 2005), the United States Court of Appeals...

Conflict Preemption and Unjust Enrichment in Patent-Related Trade Secret Disputes: Analysis of Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc.

Date: Jun 17, 2005

Conflict Preemption and Unjust Enrichment in Patent-Related Trade Secret Disputes: Analysis of Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc. Introduction The case of...

Eligibility of Nonprofits Post-Operational Cessation for Charitable Bequests: Insights from In re Boston Regional Medical Center, Inc.

Date: Jun 15, 2005

Eligibility of Nonprofits Post-Operational Cessation for Charitable Bequests: Insights from In re Boston Regional Medical Center, Inc. Introduction The appellate case In re Boston Regional Medical...

Defamation in the Context of Miscaptioned Photographs: Amrak Productions, Inc. v. Morton

Date: Jun 4, 2005

Defamation in the Context of Miscaptioned Photographs: Amrak Productions, Inc. v. Morton Introduction The case of Amrak Productions, Inc.; James Albright v. Andrew Morton et al. addresses critical...