1st Circuit Case Commentaries

Clarifying Loss Calculation and Public Trust Abuse under U.S.S.G.: United States v. Gonzalez-Alvarez

Date: Jan 18, 2002

Clarifying Loss Calculation and Public Trust Abuse under U.S.S.G.: United States v. Gonzalez-Alvarez Introduction The case of United States v. Victor R. Gonzalez-Alvarez (277 F.3d 73) presents...

Dischargeability of Civil Penalties under Bankruptcy Code: Insights from Whitehouse v. LaRoche

Date: Jan 18, 2002

Dischargeability of Civil Penalties under Bankruptcy Code: Insights from Whitehouse v. LaRoche Introduction The case of Sheldon Whitehouse, Attorney General, State of Rhode Island, and Jan Reitsma,...

Establishing Direct Distributor Liability for Copyright Infringement: First Circuit in Ortiz-Gonzalez v. Fonovisa

Date: Jan 18, 2002

Establishing Direct Distributor Liability for Copyright Infringement: First Circuit in Ortiz-Gonzalez v. Fonovisa Introduction The case of Juan R. Ortiz-Gonzalez v. Fonovisa adjudicated by the United...

United States v. Marino and Patti: Comprehensive Analysis of RICO and VICAR Convictions in Organized Crime Context

Date: Jan 15, 2002

United States v. Marino and Patti: Comprehensive Analysis of RICO and VICAR Convictions in Organized Crime Context Introduction In the case of United States of America v. Vincent Michael Marino and...

Employment Discrimination and Pretext: Insights from Zapata-Matos v. Reckitt Colman, Inc.

Date: Jan 15, 2002

Employment Discrimination and Pretext: Insights from Zapata-Matos v. Reckitt Colman, Inc. Introduction The case of Ramón Zapata-Matos v. Reckitt Colman, Inc. (277 F.3d 40) is a pivotal decision in...

Timeliness of Federal Habeas Petitions under AEDPA: Insights from Donovan v. State of Maine

Date: Jan 11, 2002

Timeliness of Federal Habeas Petitions under AEDPA: Insights from Donovan v. State of Maine Introduction The case of Daniel J. Donovan v. State of Maine, decided by the United States Court of Appeals...

Affirmation of Summary Judgment in Fair Housing Act Case: Trustees of Bramac Development Trust v. Town of Wakefield

Date: Jan 11, 2002

Affirmation of Summary Judgment in Fair Housing Act Case: Trustees of Bramac Development Trust v. Town of Wakefield Introduction In the case of Thomas J. Macone and Frank Bramante, Trustees of Bramac...

Mandatory Exhaustion of IDEA Administrative Remedies for Section 1983 Claims: Analysis of Frazier v. Fairhaven School Committee

Date: Jan 10, 2002

Mandatory Exhaustion of IDEA Administrative Remedies for Section 1983 Claims: Analysis of Frazier v. Fairhaven School Committee Introduction Frazier v. Fairhaven School Committee is a landmark case...

Establishing Personal Jurisdiction Over Foreign Banks: A Comprehensive Analysis of United States v. Swiss American Bank, Ltd.

Date: Dec 28, 2001

Establishing Personal Jurisdiction Over Foreign Banks: A Comprehensive Analysis of United States v. Swiss American Bank, Ltd. Introduction The case of United States of America, Plaintiff, Appellant,...

Imputing Knowledge and Materiality in Habeas Relief: An Analysis of Mastracchio v. Vose

Date: Dec 28, 2001

Imputing Knowledge and Materiality in Habeas Relief: An Analysis of Mastracchio v. Vose Introduction MasTriacchio v. Vose is a pivotal case adjudicated by the United States Court of Appeals for the...

Remand Procedures in Social Security Disability Cases: Freeman v. Barnhart

Date: Dec 28, 2001

Remand Procedures in Social Security Disability Cases: Freeman v. Barnhart Introduction In Edward C. Freeman v. Jo Anne B. Barnhart, 274 F.3d 606 (1st Cir. 2001), the United States Court of Appeals...

Seavey v. Barnhart: Establishing Standards for Remand and Benefit Payment in Social Security Appeals

Date: Dec 28, 2001

Seavey v. Barnhart: Establishing Standards for Remand and Benefit Payment in Social Security Appeals Introduction Seavey v. Barnhart, 276 F.3d 1 (1st Cir. 2001), is a pivotal case in the realm of...

Judicial Limitation on Suspension Review for Excepted Service Employees: PATHAK v. DEPARTMENT OF VETERANS AFFAIRS

Date: Dec 20, 2001

Judicial Limitation on Suspension Review for Excepted Service Employees: PATHAK v. DEPARTMENT OF VETERANS AFFAIRS Introduction In PATHAK v. DEPARTMENT OF VETERANS AFFAIRS, 274 F.3d 28 (1st Cir....

Establishing CFAA Violation Through Unauthorized Data Scraping: EF Cultural Travel v. Explorica

Date: Dec 18, 2001

Establishing CFAA Violation Through Unauthorized Data Scraping: EF Cultural Travel v. Explorica Introduction In the landmark case of EF Cultural Travel BV, EF Cultural Tours BV, EF Institute for...

Qualified Immunity and Reasonable Suspicion in Child Custody Cases: Hatch v. DCYF

Date: Dec 18, 2001

Qualified Immunity and Reasonable Suspicion in Child Custody Cases: Hatch v. DCYF Introduction In the case of Richard H. Hatch, Jr. v. Department for Children, Youth and Their Families (DCYF), the...

Interpretation of Antidilution Provisions: Lohnes v. Level 3 Communications Establishes Clarity on Stock Splits

Date: Dec 1, 2001

Interpretation of Antidilution Provisions: Lohnes v. Level 3 Communications Establishes Clarity on Stock Splits Introduction Paul R. Lohnes v. Level 3 Communications, Inc., 272 F.3d 49 (2001), is a...

Scope and Waiver of Privileges in Corporate Grand Jury Subpoenas: Insights from In re GRAND JURY SUBPOENA

Date: Nov 9, 2001

Scope and Waiver of Privileges in Corporate Grand Jury Subpoenas: Insights from In re GRAND JURY SUBPOENA Introduction The case of In re GRAND JURY SUBPOENA (Custodian of Records, Newparent, Inc.),...

Apprendi Compliance in Drug Trafficking Sentencing: Analysis of United States v. Bailey

Date: Nov 3, 2001

Apprendi Compliance in Drug Trafficking Sentencing: Analysis of United States v. Bailey Introduction Case: United States of America v. Clive W. Bailey, 270 F.3d 83 (1st Cir. 2001) Court: United...

Refining Venue Doctrine and Evidentiary Standards in Identity Theft Cases: Insights from United States v. Alan N. Scott

Date: Oct 31, 2001

Refining Venue Doctrine and Evidentiary Standards in Identity Theft Cases: Insights from United States v. Alan N. Scott Introduction The United States Court of Appeals for the First Circuit, in the...

First Circuit Upholds Strict 'Excusable Neglect' Standard in WARN Act Appeal

Date: Oct 26, 2001

First Circuit Upholds Strict 'Excusable Neglect' Standard in WARN Act Appeal Introduction In the case of Graphic Communications International Union, Local 12-N and Local 239-M v. Quebecor Printing...

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