1st Circuit Case Commentaries

Reaffirmation Agreement Linkage in Chapter 7 Bankruptcy: Insights from Jamo v. Katahdin Federal Credit Union

Date: Mar 27, 2002

Reaffirmation Agreement Linkage in Chapter 7 Bankruptcy: Insights from Jamo v. Katahdin Federal Credit Union Introduction The case of In re: Stephen J. Jamo and Lynn M. Jamo, Debtors v. Katahdin...

First Circuit Establishes Inference of Scienter for Undisclosed Price Protection in Securities Fraud Claims

Date: Mar 21, 2002

First Circuit Establishes Inference of Scienter for Undisclosed Price Protection in Securities Fraud Claims Introduction In the case of Michael Aldridge, et al. v. A.T. Cross Corporation, et al. (284...

Affirmation of Summary Judgment: Probable Cause and Statute of Frauds in Wrongful Civil Action and Contract Claims

Date: Mar 20, 2002

Affirmation of Summary Judgment: Probable Cause and Statute of Frauds in Wrongful Civil Action and Contract Claims Introduction In the case of John H. Martin, Jr. v. Applied Cellular Technology,...

First Amendment and Leafletting: Upholding Non-Public Forum Restrictions and Permit Requirements in NERCC v. Massport

Date: Mar 20, 2002

First Amendment and Leafletting: Upholding Non-Public Forum Restrictions and Permit Requirements in NERCC v. Massport Introduction The case of New England Regional Council of Carpenters (NERCC) v....

ADA Employment Protections: Ensuring Individual Assessment Over Stereotypes in Hiring Practices

Date: Mar 20, 2002

ADA Employment Protections: Ensuring Individual Assessment Over Stereotypes in Hiring Practices Introduction The case of Kelly A. Gillen v. Fallon Ambulance Service, Inc. (283 F.3d 11) presents a...

Strict Enforcement of Local 'Deemed Waiver' Rules Upheld in Rule 12(c) Motion: NEPSK, Inc. v. Town of Houlton

Date: Mar 14, 2002

Strict Enforcement of Local 'Deemed Waiver' Rules Upheld in Rule 12(c) Motion: NEPSK, Inc. v. Town of Houlton Introduction NEPSK, Inc., d/b/a Houlton Cable v. Town of Houlton is a pivotal case...

Chute v. Walker: Suasponte Dismissal and Waiver of Service Objections

Date: Feb 28, 2002

Chute v. Walker: Sua Sponte Dismissal and Waiver of Service Objections Introduction James A. Chute v. George Walker is a pivotal case adjudicated by the United States Court of Appeals for the First...

Affirmation of Three Strikes Law and Jury Taint Handling in Bradshaw Case

Date: Feb 26, 2002

Affirmation of Three Strikes Law and Jury Taint Handling in Bradshaw Case Introduction The case of United States of America v. Joseph Bradshaw (281 F.3d 278) adjudicated by the United States Court of...

Affirmation of Drug Importation Convictions: Upholding Procedural Safeguards and Sentencing Under Apprendi

Date: Feb 20, 2002

Affirmation of Drug Importation Convictions: Upholding Procedural Safeguards and Sentencing Under Apprendi Introduction In the landmark case of United States v. Lopez-Lopez et al. (282 F.3d 1, 2002),...

Affirmation of Drug Conspiracy Convictions and Sentencing Standards in United States v. Martínez-Medina

Date: Feb 9, 2002

Affirmation of Drug Conspiracy Convictions and Sentencing Standards in United States v. Martínez-Medina Introduction United States v. Martínez-Medina, 279 F.3d 105 (1st Cir. 2002), is a pivotal...

EEOC v. Unión Independiente de la Autoridad de Acueductos y Alcantarillados de Puerto Rico: Reinforcing the Burden of Proof in Religious Discrimination Claims

Date: Feb 5, 2002

EEOC v. Unión Independiente de la Autoridad de Acueductos y Alcantarillados de Puerto Rico: Reinforcing the Burden of Proof in Religious Discrimination Claims Introduction The case of Equal...

Clarifying Loss Calculation and Public Trust Abuse under U.S.S.G.: United States v. Gonzalez-Alvarez

Date: Jan 18, 2002

Clarifying Loss Calculation and Public Trust Abuse under U.S.S.G.: United States v. Gonzalez-Alvarez Introduction The case of United States v. Victor R. Gonzalez-Alvarez (277 F.3d 73) presents...

Dischargeability of Civil Penalties under Bankruptcy Code: Insights from Whitehouse v. LaRoche

Date: Jan 18, 2002

Dischargeability of Civil Penalties under Bankruptcy Code: Insights from Whitehouse v. LaRoche Introduction The case of Sheldon Whitehouse, Attorney General, State of Rhode Island, and Jan Reitsma,...

Establishing Direct Distributor Liability for Copyright Infringement: First Circuit in Ortiz-Gonzalez v. Fonovisa

Date: Jan 18, 2002

Establishing Direct Distributor Liability for Copyright Infringement: First Circuit in Ortiz-Gonzalez v. Fonovisa Introduction The case of Juan R. Ortiz-Gonzalez v. Fonovisa adjudicated by the United...

United States v. Marino and Patti: Comprehensive Analysis of RICO and VICAR Convictions in Organized Crime Context

Date: Jan 15, 2002

United States v. Marino and Patti: Comprehensive Analysis of RICO and VICAR Convictions in Organized Crime Context Introduction In the case of United States of America v. Vincent Michael Marino and...

Employment Discrimination and Pretext: Insights from Zapata-Matos v. Reckitt Colman, Inc.

Date: Jan 15, 2002

Employment Discrimination and Pretext: Insights from Zapata-Matos v. Reckitt Colman, Inc. Introduction The case of Ramón Zapata-Matos v. Reckitt Colman, Inc. (277 F.3d 40) is a pivotal decision in...

Timeliness of Federal Habeas Petitions under AEDPA: Insights from Donovan v. State of Maine

Date: Jan 11, 2002

Timeliness of Federal Habeas Petitions under AEDPA: Insights from Donovan v. State of Maine Introduction The case of Daniel J. Donovan v. State of Maine, decided by the United States Court of Appeals...

Affirmation of Summary Judgment in Fair Housing Act Case: Trustees of Bramac Development Trust v. Town of Wakefield

Date: Jan 11, 2002

Affirmation of Summary Judgment in Fair Housing Act Case: Trustees of Bramac Development Trust v. Town of Wakefield Introduction In the case of Thomas J. Macone and Frank Bramante, Trustees of Bramac...

Mandatory Exhaustion of IDEA Administrative Remedies for Section 1983 Claims: Analysis of Frazier v. Fairhaven School Committee

Date: Jan 10, 2002

Mandatory Exhaustion of IDEA Administrative Remedies for Section 1983 Claims: Analysis of Frazier v. Fairhaven School Committee Introduction Frazier v. Fairhaven School Committee is a landmark case...

Establishing Personal Jurisdiction Over Foreign Banks: A Comprehensive Analysis of United States v. Swiss American Bank, Ltd.

Date: Dec 28, 2001

Establishing Personal Jurisdiction Over Foreign Banks: A Comprehensive Analysis of United States v. Swiss American Bank, Ltd. Introduction The case of United States of America, Plaintiff, Appellant,...