1st Circuit Case Commentaries

Cintrón-Lorenzo v. Departamento de Asuntos del Consumidor: Establishing Standards for Dismissal for Lack of Diligent Prosecution under Fed. R.Civ.P. 41(b)

Date: Dec 11, 2002

Cintrón-Lorenzo v. Departamento de Asuntos del Consumidor: Establishing Standards for Dismissal for Lack of Diligent Prosecution under Fed. R.Civ.P. 41(b) Introduction Cintrón-Lorenzo v. Departamento...

Affirmation of Summary Judgment in Gu and Santoro v. Boston Police Department: Reinforcing Standards in Employment Discrimination Litigation

Date: Dec 3, 2002

Affirmation of Summary Judgment in Gu and Santoro v. Boston Police Department: Reinforcing Standards in Employment Discrimination Litigation Introduction The case of Joann Gu and Carol Santoro v....

LATTIMORE v. DUBOIS: Enforcing AEDPA's One-Year Limit on Habeas Corpus Petitions

Date: Nov 15, 2002

LATTIMORE v. DUBOIS: Enforcing AEDPA's One-Year Limit on Habeas Corpus Petitions Introduction James Lattimore, a petitioner incarcerated in Massachusetts, faced a pivotal legal battle concerning the...

Affirmation of Non-Dwelling Burglary as a Predicate Crime for Career Offender Sentencing in United States v. Rodriguez

Date: Nov 13, 2002

Affirmation of Non-Dwelling Burglary as a Predicate Crime for Career Offender Sentencing in United States v. Rodriguez Introduction The case of United States v. Robert S. Rodriguez (311 F.3d 435, 1st...

First Circuit Clarifies PSLRA Pleading Standards for Securities Fraud: Confidential Sources and Scienter in In re Cabletron Systems, Inc.

Date: Nov 13, 2002

First Circuit Clarifies PSLRA Pleading Standards for Securities Fraud: Confidential Sources and Scienter in In re Cabletron Systems, Inc. Introduction The case of In re: Cabletron Systems, Inc.,...

Sovereign Immunity in Federal Administrative Proceedings: Insights from Rhode Island Dept. of Environmental Management v. United States

Date: Nov 9, 2002

Sovereign Immunity in Federal Administrative Proceedings: Insights from Rhode Island Dept. of Environmental Management v. United States Introduction The case of Rhode Island Department of...

Redemption Agreements Post-Bankruptcy: Upholding Security Interests Without Violating the Discharge Injunction

Date: Oct 31, 2002

Redemption Agreements Post-Bankruptcy: Upholding Security Interests Without Violating the Discharge Injunction Introduction In the landmark case of Dorothy Arruda et al. v. Sears, Roebuck Co. et al.,...

Sentencing Disparity and Procedural Defaults: Analysis of Berthoff v. United States

Date: Oct 22, 2002

Sentencing Disparity and Procedural Defaults: Analysis of Berthoff v. United States Introduction Berthoff v. United States, 308 F.3d 124 (1st Cir. 2002), is a significant appellate case that...

First Circuit Sets New Precedent on Medicaid Waiver Slot Requirements in BRYSON v. SHUMWAY

Date: Oct 16, 2002

First Circuit Sets New Precedent on Medicaid Waiver Slot Requirements in BRYSON v. SHUMWAY Introduction In the landmark case of Bonnie Bryson and Claire Shepardson, on behalf of themselves and all...

Alcoholism Not Considered a Disability Under ADA Without Substantial Limitation: Bailey v. Georgia-Pacific

Date: Oct 10, 2002

Alcoholism Not Considered a Disability Under ADA Without Substantial Limitation: Bailey v. Georgia-Pacific Introduction BAILEY v. GEORGIA-PACIFIC CORPORATION is a significant appellate case...

Deliberate Indifference in Pretrial Detention: Burrell v. Hampshire County

Date: Oct 5, 2002

Deliberate Indifference in Pretrial Detention: Burrell v. Hampshire County Introduction Burrell v. Hampshire County is a pivotal case adjudicated by the United States Court of Appeals for the First...

Affirmation of Employer Liability in Hostile Work Environment: Crowley v. L.L. Bean, Inc.

Date: Sep 20, 2002

Affirmation of Employer Liability in Hostile Work Environment: Crowley v. L.L. Bean, Inc. Introduction The case of Eileen Crowley v. L.L. Bean, Inc., adjudicated in the United States Court of...

FMLA Eligibility and Hours of Service: Insights from Plumley v. Southern Container, Inc.

Date: Sep 14, 2002

FMLA Eligibility and Hours of Service: Insights from Plumley v. Southern Container, Inc. Introduction The case of John Plumley v. Southern Container, Inc. (303 F.3d 364) adjudicated by the United...

First Circuit Establishes PLRA Exhaustion as Affirmative Defense in Civil Rights Prisoner Litigation

Date: Sep 14, 2002

First Circuit Establishes PLRA Exhaustion as Affirmative Defense in Civil Rights Prisoner Litigation Introduction The case of Raul Casanova et al. v. n Bush et al. (304 F.3d 75) adjudicated by the...

Nutramax Litigation Trust v. Lepone: Clarifying Statute of Limitations and Relation Back in Securities Fraud Claims

Date: Sep 11, 2002

Nutramax Litigation Trust v. Lepone: Clarifying Statute of Limitations and Relation Back in Securities Fraud Claims Introduction In the landmark case James R. Young, as Trustee of the Nutramax...

Substantial Evidence Standard in Telecommunications Tower Siting: ATC Realty v. Town of Kingston Analysis

Date: Sep 6, 2002

Substantial Evidence Standard in Telecommunications Tower Siting: ATC Realty v. Town of Kingston Analysis Introduction The case of ATC Realty, LLC; SBA Towers, Inc. v. Town of Kingston, New Hampshire...

Reaffirmation of ADEA Standards in Age Discrimination Claims: Gonzalez v. El Dia, Inc.

Date: Sep 6, 2002

Reaffirmation of ADEA Standards in Age Discrimination Claims: Gonzalez v. El Dia, Inc. Introduction Lydia Gonzalez, the plaintiff and appellant, filed a lawsuit against her employer, El Dia, Inc.,...

Goya of Puerto Rico Inc. v. Marrero: Refining the Standards for Retaliation Claims under Title VII

Date: Aug 29, 2002

Goya of Puerto Rico Inc. v. Marrero: Refining the Standards for Retaliation Claims under Title VII Introduction In the landmark case of Gina Marrero v. Goya of Puerto Rico, Inc., decided by the...

Balancing Brady Disclosure and Procedural Default: McCambridge v. Hall Commentary

Date: Aug 28, 2002

Balancing Brady Disclosure and Procedural Default: McCambridge v. Hall Commentary Introduction McCambridge v. Hall (303 F.3d 24, 1st Cir. 2002) is a pivotal case addressing the critical intersection...

Affirmation of Dismissal for Want of Prosecution in Employment Discrimination Cases: Insights from Batiz Chamorro v. Hertz Corporation

Date: Aug 28, 2002

Affirmation of Dismissal for Want of Prosecution in Employment Discrimination Cases: Insights from Batiz Chamorro v. Hertz Corporation Introduction In the case of Jose A. Batiz Chamorro v. Puerto...