1st Circuit Case Commentaries

Affirmation of Denial to Withdraw Guilty Plea under Rule 32(e) in U.S. v. RODRIGUEZ-Leon

Date: Mar 18, 2005

Affirmation of Denial to Withdraw Guilty Plea under Rule 32(e) in U.S. v. RODRIGUEZ-Leon Introduction In the case UNITED STATES of America, Appellee, v. Victor Rodriguez-Leon, Defendant, Appellant,...

Employer Retains Right to Compel Arbitration Despite Delayed Arbitration Demand During EEOC Proceedings

Date: Mar 17, 2005

Employer Retains Right to Compel Arbitration Despite Delayed Arbitration Demand During EEOC Proceedings Introduction Marie v. Allied Home Mortgage Corp., 402 F.3d 1 (1st Cir. 2005), addresses...

First Circuit Clarifies 'Deliberate Indifference' and Summary Judgment Standards in Eighth Amendment Prison Healthcare Litigation

Date: Mar 10, 2005

First Circuit Clarifies 'Deliberate Indifference' and Summary Judgment Standards in Eighth Amendment Prison Healthcare Litigation Introduction María Alsina-Ortiz; The Estate of Orlando Ocasio-Alsina,...

Affirming Ancillary Jurisdiction in Rule 68 Judgments: Insights from Fafel v. DiPaola

Date: Mar 8, 2005

Affirming Ancillary Jurisdiction in Rule 68 Judgments: Insights from Fafel v. DiPaola 399 F.3d 403, United States Court of Appeals, First Circuit, 2005 Introduction Leonard Fafel...

Strict Limitations on Reconsideration Motions in Employment Discrimination Cases: A Comprehensive Analysis of ANGEL VILLANUEVA-MENDEZ v. RAMON L. NIEVES VAZQUEZ et al.

Date: Mar 3, 2005

Strict Limitations on Reconsideration Motions in Employment Discrimination Cases Introduction The case of Angel Villanueva-Mendez et al. v. Ramon L. Nieves Vazquez et al. (360 F. Supp. 2d 320)...

Enhanced Allocation of Damages in Employment Discrimination Cases: Insights from Rodriguez-Torres v. Caribbean Forms Manufacturer, Inc.

Date: Feb 23, 2005

Enhanced Allocation of Damages in Employment Discrimination Cases: Insights from Rodriguez-Torres v. Caribbean Forms Manufacturer, Inc. Introduction Rodriguez-Torres v. Caribbean Forms Manufacturer,...

Establishing Standards for Plain-Error Review of Unpreserved Booker Errors: United States v. Antonakopoulos

Date: Feb 23, 2005

Establishing Standards for Plain-Error Review of Unpreserved Booker Errors: United States v. Antonakopoulos Introduction In United States of America v. Stelios Antonakopoulos, the United States Court...

First Circuit Establishes Hostile Work Environment as Retaliatory Adverse Employment Action under Title VII

Date: Feb 17, 2005

First Circuit Establishes Hostile Work Environment as Retaliatory Adverse Employment Action under Title VII Introduction The case of Christi NOVIELLO v. City of Boston (398 F.3d 76) adjudicated by...

Affirmation of Section 1983 Enforcement of Federal Medicaid Reimbursement Requirements: Loiza v. Rullan

Date: Feb 15, 2005

Affirmation of Section 1983 Enforcement of Federal Medicaid Reimbursement Requirements: Loiza v. Rullan Introduction In the landmark case of Rio Grande Community Health Center, Inc.; Concilio De...

Rhode Island Indian Claims Settlement Act Upholds Dismissal of Wampanoag Land Claims

Date: Feb 12, 2005

Rhode Island Indian Claims Settlement Act Upholds Dismissal of Wampanoag Land Claims Introduction In the appellate case Wilfred W. Greene, a/k/a "Chief Eagle Heart", et al. v. The State of Rhode...

Documentary Search Warrants and the Plain-View Doctrine: An Analysis of United States v. Ribeiro

Date: Feb 9, 2005

Documentary Search Warrants and the Plain-View Doctrine: An Analysis of United States v. Ribeiro Introduction In the case of United States v. Fernando Ribeiro, the United States Court of Appeals for...

Continued Federal Court Jurisdiction under 28 U.S.C. §1345 Despite Medicare Act Provisions: Analysis of United States v. Lahey Clinic Hospital, Inc.

Date: Feb 5, 2005

Continued Federal Court Jurisdiction under 28 U.S.C. §1345 Despite Medicare Act Provisions: Analysis of United States v. Lahey Clinic Hospital, Inc. Introduction In the landmark case of United States...

BOP's Time-Served Interpretation of 'Term of Imprisonment' Upheld by First Circuit in GCT Calculations

Date: Jan 8, 2005

BOP's Time-Served Interpretation of 'Term of Imprisonment' Upheld by First Circuit in GCT Calculations Introduction In the case of Jimmy Perez-Olivo v. Ricardo E. Chavez, Warden, M.D.C. Guaynabo, the...

Establishing the Necessity of Expert Testimony in Medical Malpractice: Rojas-Ithier v. Sociedad Española

Date: Jan 7, 2005

Establishing the Necessity of Expert Testimony in Medical Malpractice: Rojas-Ithier v. Sociedad Española Introduction The case of Darlene I. Rojas-Ithier et al. v. Sociedad Española de Auxilio Mutuo...

Invalidation of AG's Regulation Excluding Paroled Aliens in Removal Proceedings from Adjustment of Status

Date: Jan 6, 2005

Invalidation of Attorney General's Regulation Excluding Paroled Aliens in Removal Proceedings from Adjustment of Status Introduction In the landmark case Wissam Succar v. John Ashcroft (394 F.3d 8),...

Consent and Reasonable Suspicion in Residential Police Entries: Analysis of United States v. Romain

Date: Dec 30, 2004

Consent and Reasonable Suspicion in Residential Police Entries: Analysis of United States v. Romain Introduction United States of America v. Carl S. Romain, Jr., 393 F.3d 63 (1st Cir. 2004), is a...

First Circuit Affirms Moran Bank Fraud Convictions, Clarifying Motion Conversion and Ineffective Assistance Standards

Date: Dec 16, 2004

First Circuit Affirms Moran Bank Fraud Convictions, Clarifying Motion Conversion and Ineffective Assistance Standards Introduction United States of America v. Nora F. Moran, 393 F.3d 1 (1st Cir....

Cofield v. United States: Establishing the Reasonableness of Strip Searches Under the Fourth Amendment

Date: Dec 11, 2004

Cofield v. United States: Establishing the Reasonableness of Strip Searches Under the Fourth Amendment Introduction Cofield v. United States (391 F.3d 334) is a significant appellate decision issued...

Harm Requirement in Dealer Protection: Santilli v. General Motors Corp.

Date: Dec 9, 2004

Harm Requirement in Dealer Protection: Santilli v. General Motors Corp. Introduction In The CADILLAC/OLDSMOBILE/NISSAN CENTER, INC., Doing Business as John Santilli's Center for Automobiles,...

Qualified Immunity Reinforced in False Arrest Case: Cox v. Hainey

Date: Dec 2, 2004

Qualified Immunity Reinforced in False Arrest Case: Cox v. Hainey Introduction In Cox v. Hainey, 391 F.3d 25 (1st Cir. 2004), the United States Court of Appeals for the First Circuit addressed the...