1st Circuit Case Commentaries

Enhanced Standards for Punitive Damages in Employment Discrimination Retaliation Cases

Date: Aug 27, 2003

Enhanced Standards for Punitive Damages in Employment Discrimination Retaliation Cases Introduction The case of Chungchi Che v. Massachusetts Bay Transportation Authority (MBTA) addressed critical...

Qualified Immunity and Property Interests in Public Employment: Insights from Santana v. Calderón

Date: Aug 27, 2003

Qualified Immunity and Property Interests in Public Employment: Insights from Santana v. Calderón Introduction Santana et al. v. Calderón et al., 342 F.3d 18 (1st Cir. 2003), is a pivotal case...

Affirmation of Bankruptcy Court’s Discretion in Granting Discharge Amid Procedural and Fifth Amendment Challenges: A Commentary on In re Joan E. Carp

Date: Aug 19, 2003

Affirmation of Bankruptcy Court’s Discretion in Granting Discharge Amid Procedural and Fifth Amendment Challenges: A Commentary on In re Joan E. Carp Introduction The case In re Joan E. Carp, Debtor,...

Balancing First Amendment Protections and Employer Interests: An Analysis of Guilloty Perez v. Pierluisi et al.

Date: Aug 8, 2003

Balancing First Amendment Protections and Employer Interests: An Analysis of Guilloty Perez v. Pierluisi et al. Introduction Guilloty Perez v. Pierluisi et al., 339 F.3d 43 (1st Cir. 2003), is a...

Double Jeopardy Protections Under Scrutiny in Jackson v. Coalter

Date: Jul 29, 2003

Double Jeopardy Protections Under Scrutiny in Jackson v. Coalter Introduction The case of Arthur Jackson, Petitioner, Appellant, v. William Coalter, Respondent, Appellee, reported at 337 F.3d 74,...

Insurer Discretion in ERISA Disability Benefit Terminations Upheld: Boardman v. Prudential

Date: Jul 24, 2003

Insurer Discretion in ERISA Disability Benefit Terminations Upheld: Boardman v. Prudential Introduction The case of Joyce A. Boardman v. The Prudential Insurance Company of America et al. (337 F.3d...

Application of the Discovery Rule Under 33 U.S.C. § 913(b)(2): First Circuit Upholds Timely Claim in Bath Iron Works Corp. v. U.S. Dept. of Labor

Date: Jul 18, 2003

Application of the Discovery Rule Under 33 U.S.C. § 913(b)(2): First Circuit Upholds Timely Claim in Bath Iron Works Corp. v. U.S. Dept. of Labor Introduction In the case of Bath Iron Works Corp.;...

Limits of Brady Obligations and Newly Discovered Evidence in §2255 Petitions: An Analysis of Moreno Morales v. United States

Date: Jul 4, 2003

Limits of Brady Obligations and Newly Discovered Evidence in §2255 Petitions: An Analysis of Moreno Morales v. United States Introduction Moreno Morales v. United States, 334 F.3d 140 (1st Cir....

Affirmation of Summary Judgment in Torres-Rosado v. Rotger-Sabat: Balancing First Amendment Rights and Employer Interests

Date: Jul 3, 2003

Affirmation of Summary Judgment in Torres-Rosado v. Rotger-Sabat: Balancing First Amendment Rights and Employer Interests Introduction Tort Torres-Rosado v. Rotger-Sabat, et al. is a pivotal case...

Affirmation of Proper Cause in Hybrid Section 301 Actions Involving Sexual Harassment

Date: Jul 3, 2003

Affirmation of Proper Cause in Hybrid Section 301 Actions Involving Sexual Harassment Introduction The case of Martin J. Mulvihill v. The Top-Flite Golf Company, adjudicated by the United States...

ADA Discrimination Protection Affirmed: Failure to Prove Lack of Reasonable Accommodation and Waived Hostile Work Environment Claim

Date: Jul 1, 2003

ADA Discrimination Protection Affirmed: Failure to Prove Lack of Reasonable Accommodation and Waived Hostile Work Environment Claim Introduction In Orville Rocafort v. IBM Corporation, 334 F.3d 115...

Enforcing ADA Title III: Flexible Service Mandates for Disabled Patrons – Dudley v. Hannaford Bros.

Date: Jun 25, 2003

Enforcing ADA Title III: Flexible Service Mandates for Disabled Patrons – Dudley v. Hannaford Bros. Introduction The case of David Dudley v. Hannaford Bros. Co. represents a pivotal moment in the...

Adequate Consideration of Medication Side Effects in Social Security Disability Determinations: Insights from Wells v. Barnhart

Date: Jun 20, 2003

Adequate Consideration of Medication Side Effects in Social Security Disability Determinations: Insights from Wells v. Barnhart Introduction Wells v. Barnhart is a pivotal case adjudicated by the...

Affirmative Defense in Sexual Harassment Claims: Reed v. MBNA Establishes Crucial Precedents

Date: Jun 20, 2003

Affirmative Defense in Sexual Harassment Claims: Reed v. MBNA Establishes Crucial Precedents Introduction In the landmark case of Reed v. MBNA Marketing Systems, Inc., the United States Court of...

Affirmation of Summary Judgment in Anti-Competitive Practices Against Podiatrists

Date: Jun 13, 2003

Affirmation of Summary Judgment in Anti-Competitive Practices Against Podiatrists Introduction The case The Podiatrist Association, Inc., et al. v. La Cruz Azul de Puerto Rico, Inc. and Triple-S,...

Kosereis v. State of Rhode Island: Res Judicata and the Litigability of Title VII Discrimination Claims

Date: Jun 13, 2003

Kosereis v. State of Rhode Island: Res Judicata and the Litigability of Title VII Discrimination Claims Introduction The case of Kosereis v. State of Rhode Island addresses critical issues...

Affirmation of Summary Judgment in Religious Harassment Case: Rivera v. PRASA

Date: Jun 10, 2003

Affirmation of Summary Judgment in Religious Harassment Case: Rivera v. PRASA Introduction In the landmark case Mayra Rosario Rivera v. Puerto Rico Aqueduct and Sewers Authority (PRASA), decided by...

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Benoit v. Technical Manufacturing Corp.

Date: Jun 10, 2003

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Benoit v. Technical Manufacturing Corp. Introduction Benoit v. Technical Manufacturing Corporation (331 F.3d 166) is a...

Enforcing Judicial Authority and Ensuring Timely Appeals: Insights from Da v. Young

Date: Jun 4, 2003

Enforcing Judicial Authority and Ensuring Timely Appeals: Insights from Da v. Young Introduction In the landmark case of Da v. Young, adjudicated by the United States Court of Appeals for the First...

Apprendi Rule Not Retroactive Under Teague Doctrine in Sepulveda v. United States

Date: May 30, 2003

Apprendi Rule Not Retroactive Under Teague Doctrine in Sepulveda v. United States Introduction In the landmark case George Sepulveda v. United States of America, decided by the United States Court of...