1st Circuit Case Commentaries

Effective Assistance of Counsel: Broken Promise in OUBER v. GUARINO Establishes New Standards

Date: Jun 18, 2002

Effective Assistance of Counsel: Broken Promise in OUBER v. GUARINO Establishes New Standards Introduction The case of Barbara Ouber, Petitioner, Appellee v. Barbara Guarino, Respondent, Appellant,...

Overturning Blanket Nonfiling Policies: Enhancing Public Access Rights Under the First Amendment

Date: Jun 13, 2002

Overturning Blanket Nonfiling Policies: Enhancing Public Access Rights Under the First Amendment Introduction The case of In Re Providence Journal Company, Inc. (293 F.3d 1) presents a significant...

Jurisdictional Abstention in Bankruptcy Proceedings: Insights from In re Middlesex Power Equipment Marine, Inc.

Date: Jun 12, 2002

Jurisdictional Abstention in Bankruptcy Proceedings: Insights from In re Middlesex Power Equipment Marine, Inc. Introduction The case of In re Middlesex Power Equipment Marine, Inc., Debtor examines...

Rescission Under TILA Does Not Void Arbitration Clauses: First Circuit Upholds Mandatory Arbitration

Date: Jun 7, 2002

Rescission Under TILA Does Not Void Arbitration Clauses: First Circuit Upholds Mandatory Arbitration Introduction The case of William E. Large and Diane A. Large v. Conseco Finance Servicing...

Mandatory Exhaustion of Administrative Remedies Under PLRA: A Comprehensive Analysis of Medina-Claudio v. Rodríguez-Mateo

Date: Jun 5, 2002

Mandatory Exhaustion of Administrative Remedies Under PLRA: A Comprehensive Analysis of Medina-Claudio v. Rodríguez-Mateo Introduction Medina-Claudio v. Rodríguez-Mateo, 292 F.3d 31 (1st Cir. 2002),...

Constructive Obligations in Hostile Work Environment Claims: Insights from Gorski v. New Hampshire Department of Corrections

Date: May 25, 2002

Constructive Obligations in Hostile Work Environment Claims: Insights from Gorski v. New Hampshire Department of Corrections Introduction In Tara Gorski v. New Hampshire Department of Corrections,...

Tse v. United States: Establishing Standards for Ineffective Assistance of Counsel in Plea Negotiations

Date: May 18, 2002

Tse v. United States: Establishing Standards for Ineffective Assistance of Counsel in Plea Negotiations Introduction In Stephen Tse v. United States (290 F.3d 462), the United States Court of Appeals...

Randall J. Cofske v. United States: Ineffective Assistance of Counsel and Prior Convictions under U.S.S.G § 2K2.1

Date: May 14, 2002

Randall J. Cofske v. United States: Ineffective Assistance of Counsel and Prior Convictions under U.S.S.G § 2K2.1 Introduction Randall J. Cofske v. United States is a pivotal appellate decision...

Imputation of Contacts in Personal Jurisdiction: Daynard v. Scruggs Defendants

Date: May 11, 2002

Imputation of Contacts in Personal Jurisdiction: Daynard v. Scruggs Defendants Introduction Daynard v. Scruggs Defendants is a significant case from the United States Court of Appeals for the First...

Karak v. Bursaw Oil Corp.: Affirmation of Rule 60(b) Restrictions

Date: May 3, 2002

Karak v. Bursaw Oil Corp.: Affirmation of Rule 60(b) Restrictions Introduction Karak v. Bursaw Oil Corp., 288 F.3d 15 (1st Cir. 2002), is a pivotal appellate decision that underscores the stringent...

The Impact of Procedural Default in Felony Murder Cases: An Analysis of Gunter v. Maloney

Date: Apr 30, 2002

The Impact of Procedural Default in Felony Murder Cases: An Analysis of Gunter v. Maloney Introduction Paul Gunter, the petitioner, was convicted in 1996 of felony murder and other charges in...

Requiring Fact-Specific Inquiries in Qualified Immunity Claims: Kelley v. LaForce

Date: Apr 27, 2002

Requiring Fact-Specific Inquiries in Qualified Immunity Claims: Kelley v. LaForce Introduction In Kelley v. LaForce, the United States Court of Appeals for the First Circuit addressed significant...

Enforceability of General Releases in Dealership Agreements: Insights from Rochester Ford Sales, Inc. v. Ford Motor Co.

Date: Apr 25, 2002

Enforceability of General Releases in Dealership Agreements: Insights from Rochester Ford Sales, Inc. v. Ford Motor Co. Introduction The case of Rochester Ford Sales, Inc. (RFS) v. Ford Motor Co.,...

Fair Labor Standards Act and the Portal-to-Portal Act: A Comprehensive Analysis of BIENKOWSKI v. Northeastern University

Date: Apr 24, 2002

Fair Labor Standards Act and the Portal-to-Portal Act: A Comprehensive Analysis of BIENKOWSKI v. Northeastern University Introduction The case of Bienkowski et al. v. Northeastern University (285...

Ripeness and Exhaustion of Remedies in Inverse Condemnation: Déniz Márquez v. Municipality of Guaynabo

Date: Apr 9, 2002

Ripeness and Exhaustion of Remedies in Inverse Condemnation: Déniz Márquez v. Municipality of Guaynabo Introduction The case of Calixto Déniz Márquez v. Municipality of Guaynabo explores the critical...

Intent in Tortious Interference: First Circuit Sets Precedent in Wireless Communications Case

Date: Apr 6, 2002

Intent in Tortious Interference: First Circuit Sets Precedent in Wireless Communications Case Introduction The case of New Comm Wireless Services, Inc., d/b/a Movistar v. SprintCom, Inc. presented...

Grave Risk of Harm in International Child Abduction: Danaipour v. McLarey Analysis

Date: Apr 4, 2002

Grave Risk of Harm in International Child Abduction: Danaipour v. McLarey Analysis Introduction Danaipour v. McLarey (286 F.3d 1) is a pivotal case adjudicated by the United States Court of Appeals...

Limitation of Kovel Doctrine: Attorney-Client Privilege and Third-Party Accounting Assistance

Date: Apr 2, 2002

Limitation of Kovel Doctrine: Attorney-Client Privilege and Third-Party Accounting Assistance Introduction The case of William Cavallaro and Patricia Cavallaro v. United States, adjudicated by the...

Statute of Limitations Under the Federal Tort Claims Act: Gonzalez v. United States

Date: Apr 2, 2002

Statute of Limitations Under the Federal Tort Claims Act: Gonzalez v. United States Introduction Gonzalez v. United States is a pivotal case adjudicated by the United States Court of Appeals for the...

First Circuit Reverses Dismissal in Cashmere Mislabeling Case: Establishing Presumptions in False Advertising Under the Lanham Act

Date: Apr 2, 2002

First Circuit Reverses Dismissal in Cashmere Mislabeling Case: Establishing Presumptions in False Advertising Under the Lanham Act Introduction In the landmark appellate decision, CASHMERE CAMEL HAIR...