1st Circuit Case Commentaries

Rigorous Standards for Asylum Eligibility and Credibility Assessments: Aguilar-Solis v. INS

Date: Feb 27, 1999

Rigorous Standards for Asylum Eligibility and Credibility Assessments: Aguilar-Solis v. INS Introduction Reynaldo Aguilar-Solis v. Immigration and Naturalization Service (INS) is a pivotal case...

Rosenberg v. Merrill Lynch: First Circuit Defines Appropriateness of Arbitration under 1991 CRA and OWBPA

Date: Feb 25, 1999

Rosenberg v. Merrill Lynch: First Circuit Defines Appropriateness of Arbitration under 1991 CRA and OWBPA Introduction In the landmark case Susan M. Rosenberg v. Merrill Lynch, Pierce, Fenner Smith...

Defining 'Disability' under the ADA: Insights from P. Tardie v. Rehabilitation Hospital of Rhode Island

Date: Feb 25, 1999

Defining 'Disability' under the ADA: Insights from P. Tardie v. Rehabilitation Hospital of Rhode Island Introduction P. Tardie v. Rehabilitation Hospital of Rhode Island, et al. (168 F.3d 538) is a...

Color of Law Doctrine Reinforced in Barreto-Rivera v. Medina-Vargas

Date: Feb 19, 1999

Color of Law Doctrine Reinforced in Barreto-Rivera v. Medina-Vargas Introduction The case of Amelia Barreto-Rivera, et al. v. Luis R. Medina-Vargas, et al., adjudicated by the United States Court of...

Affirmation of Summary Judgment in Breach of Employment Contract over Variable Incentives: Michelson v. Digital Financial Services

Date: Feb 17, 1999

Affirmation of Summary Judgment in Breach of Employment Contract over Variable Incentive Compensation: Michelson v. Digital Financial Services Introduction The case of Bruce Michelson v. Digital...

Defining the Scope and Particularity of Search Warrants in Digital Investigations: United States v. Upham

Date: Feb 13, 1999

Defining the Scope and Particularity of Search Warrants in Digital Investigations: United States v. Upham Introduction United States v. Troy Upham, 168 F.3d 532 (1st Cir. 1999), is a pivotal case...

Enforceability of Settlement Agreements under ERISA: Morais v. Central Beverage

Date: Feb 12, 1999

Enforceability of Settlement Agreements under ERISA: Morais v. Central Beverage Introduction In Fabio T. Morais v. Central Beverage Corporation Union Employees' Supplemental Retirement Plan, Abacus...

Defining Single Conspiracy in Narcotics Trafficking: Insights from United States v. Portela

Date: Feb 10, 1999

Defining Single Conspiracy in Narcotics Trafficking: Insights from United States v. Portela Introduction The case of United States of America v. Rafael Portela, Francisco Villamán-Rodríguez, and Juán...

Proper Use of Administrative Closings and Third-Party Impleader: First Circuit in Lehman v. Revolution Portfolio LLC

Date: Jan 28, 1999

Proper Use of Administrative Closings and Third-Party Impleader: First Circuit in Lehman v. Revolution Portfolio LLC Introduction The case of Barry Lehman v. Revolution Portfolio LLC (166 F.3d 389)...

Reaffirming the Reasonableness Standard in ERISA Benefit Denials: Doe v. Travelers Insurance Company

Date: Jan 28, 1999

Reaffirming the Reasonableness Standard in ERISA Benefit Denials: Doe v. Travelers Insurance Company Introduction Doe v. Travelers Insurance Company, 167 F.3d 53 (1999), is a pivotal case decided by...

First Circuit Upholds Standards for Jury Selection and Forfeiture in Drug Conspiracy Case

Date: Jan 23, 1999

First Circuit Upholds Standards for Jury Selection and Forfeiture in Drug Conspiracy Case Introduction In United States v. Candelaria-Silva et al., the United States Court of Appeals for the First...

FAA's Authority to Dismiss Unsubstantiated Aviation Complaints without Evidentiary Hearings Upheld

Date: Jan 20, 1999

FAA's Authority to Dismiss Unsubstantiated Aviation Complaints without Evidentiary Hearings Upheld Introduction In the case of Penobscot Air Services, Ltd. v. Federal Aviation Administration (164...

Discretionary Function Exception Under FTCA: Analysis of Shansky v. United States

Date: Jan 9, 1999

Discretionary Function Exception Under FTCA: Analysis of Shansky v. United States Introduction Nettie Shansky v. United States of America, 164 F.3d 688 (1st Cir. 1999), is a pivotal case that...

Bankruptcy Code §522 Preempts Massachusetts Homestead Exemption Exceptions

Date: Jan 8, 1999

Bankruptcy Code §522 Preempts Massachusetts Homestead Exemption Exceptions Introduction In the case of Patriot Portfolio, LLC v. Harry W. Weinstein, the United States Court of Appeals for the First...

Defining Employer Status and Personal Liability Under FLSA: Insights from Baystate Staffing v. Herman

Date: Dec 31, 1998

Defining Employer Status and Personal Liability Under FLSA: Insights from Baystate Alternative Staffing, Inc. et al. v. Herman Introduction The case of Baystate Alternative Staffing, Inc., Able Temps...

Federal Trademark Dilution Act: I.P. Lund Trading APS v. Kohler Co.

Date: Dec 23, 1998

Federal Trademark Dilution Act: I.P. Lund Trading APS v. Kohler Co. Introduction The case of I.P. Lund Trading APS and Kroin Inc. v. Kohler Co. and Robern, Inc., adjudicated by the United States...

Discretionary Function Exception Upholds Government Immunity in Workplace Inspection Negligence – Irving v. United States

Date: Dec 19, 1998

Discretionary Function Exception Upholds Government Immunity in Workplace Inspection Negligence – Irving v. United States Introduction In the landmark case Irving v. United States, decided by the...

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