1st Circuit Case Commentaries

Imputing Knowledge and Materiality in Habeas Relief: An Analysis of Mastracchio v. Vose

Date: Dec 28, 2001

Imputing Knowledge and Materiality in Habeas Relief: An Analysis of Mastracchio v. Vose Introduction MasTriacchio v. Vose is a pivotal case adjudicated by the United States Court of Appeals for the...

Remand Procedures in Social Security Disability Cases: Freeman v. Barnhart

Date: Dec 28, 2001

Remand Procedures in Social Security Disability Cases: Freeman v. Barnhart Introduction In Edward C. Freeman v. Jo Anne B. Barnhart, 274 F.3d 606 (1st Cir. 2001), the United States Court of Appeals...

Seavey v. Barnhart: Establishing Standards for Remand and Benefit Payment in Social Security Appeals

Date: Dec 28, 2001

Seavey v. Barnhart: Establishing Standards for Remand and Benefit Payment in Social Security Appeals Introduction Seavey v. Barnhart, 276 F.3d 1 (1st Cir. 2001), is a pivotal case in the realm of...

Judicial Limitation on Suspension Review for Excepted Service Employees: PATHAK v. DEPARTMENT OF VETERANS AFFAIRS

Date: Dec 20, 2001

Judicial Limitation on Suspension Review for Excepted Service Employees: PATHAK v. DEPARTMENT OF VETERANS AFFAIRS Introduction In PATHAK v. DEPARTMENT OF VETERANS AFFAIRS, 274 F.3d 28 (1st Cir....

Establishing CFAA Violation Through Unauthorized Data Scraping: EF Cultural Travel v. Explorica

Date: Dec 18, 2001

Establishing CFAA Violation Through Unauthorized Data Scraping: EF Cultural Travel v. Explorica Introduction In the landmark case of EF Cultural Travel BV, EF Cultural Tours BV, EF Institute for...

Qualified Immunity and Reasonable Suspicion in Child Custody Cases: Hatch v. DCYF

Date: Dec 18, 2001

Qualified Immunity and Reasonable Suspicion in Child Custody Cases: Hatch v. DCYF Introduction In the case of Richard H. Hatch, Jr. v. Department for Children, Youth and Their Families (DCYF), the...

Interpretation of Antidilution Provisions: Lohnes v. Level 3 Communications Establishes Clarity on Stock Splits

Date: Dec 1, 2001

Interpretation of Antidilution Provisions: Lohnes v. Level 3 Communications Establishes Clarity on Stock Splits Introduction Paul R. Lohnes v. Level 3 Communications, Inc., 272 F.3d 49 (2001), is a...

Scope and Waiver of Privileges in Corporate Grand Jury Subpoenas: Insights from In re GRAND JURY SUBPOENA

Date: Nov 9, 2001

Scope and Waiver of Privileges in Corporate Grand Jury Subpoenas: Insights from In re GRAND JURY SUBPOENA Introduction The case of In re GRAND JURY SUBPOENA (Custodian of Records, Newparent, Inc.),...

Apprendi Compliance in Drug Trafficking Sentencing: Analysis of United States v. Bailey

Date: Nov 3, 2001

Apprendi Compliance in Drug Trafficking Sentencing: Analysis of United States v. Bailey Introduction Case: United States of America v. Clive W. Bailey, 270 F.3d 83 (1st Cir. 2001) Court: United...

Refining Venue Doctrine and Evidentiary Standards in Identity Theft Cases: Insights from United States v. Alan N. Scott

Date: Oct 31, 2001

Refining Venue Doctrine and Evidentiary Standards in Identity Theft Cases: Insights from United States v. Alan N. Scott Introduction The United States Court of Appeals for the First Circuit, in the...

First Circuit Upholds Strict 'Excusable Neglect' Standard in WARN Act Appeal

Date: Oct 26, 2001

First Circuit Upholds Strict 'Excusable Neglect' Standard in WARN Act Appeal Introduction In the case of Graphic Communications International Union, Local 12-N and Local 239-M v. Quebecor Printing...

AEDPA's Statute of Limitations on §2255 Motions in Relation to Rule 33 Motions: Insights from Trenkler v. United States

Date: Oct 17, 2001

AEDPA's Statute of Limitations on §2255 Motions in Relation to Rule 33 Motions: Insights from Trenkler v. United States Introduction Alfred W. Trenkler appealed his conviction and sentence,...

Enforcement of Settlement Agreements in Professional Malpractice: Insights from Bea v. r-Cadillac G.P., Inc.

Date: Oct 12, 2001

Enforcement of Settlement Agreements in Professional Malpractice: Insights from Bea v. r-Cadillac G.P., Inc. Introduction The case of Alternative Energy, Inc., Bea v. r-Cadillac, G.P., Inc. (267 F.3d...

Access to Courts and Procedural Safeguards in §1983 Claims: Insights from Rogan v. City of Boston

Date: Oct 6, 2001

Access to Courts and Procedural Safeguards in §1983 Claims: Insights from Rogan v. City of Boston Introduction Shannon Rogan v. City of Boston, 267 F.3d 24 (1st Cir. 2001), presents a significant...

Substitution of Defendants Under the Federal Tort Claims Act: Comprehensive Analysis of Nogueras-Cartagena v. United States

Date: Sep 29, 2001

Substitution of Defendants Under the Federal Tort Claims Act: Comprehensive Analysis of Nogueras-Cartagena v. United States Introduction The case of Nicolas Nogueras-Cartagena et al. v. United States...

Enhanced Enforcement During Traffic Stops: Insights from United States v. Roth Chhien

Date: Sep 25, 2001

Enhanced Enforcement During Traffic Stops: Insights from United States v. Roth Chhien Introduction United States of America v. Roth Chhien (266 F.3d 1) is a pivotal case adjudicated by the United...

Virtual Shares as Securities: Broadening the Scope of Federal Securities Laws

Date: Sep 14, 2001

Virtual Shares as Securities: Broadening the Scope of Federal Securities Laws Introduction The case of SEC v. SG Ltd. et al. (265 F.3d 42) adjudicated by the United States Court of Appeals for the...

Reinforcement of AEDPA Deference to State Court Adjudications in Habeas Corpus Petitions: Sanna v. DiPaolo

Date: Sep 11, 2001

Reinforcement of AEDPA Deference to State Court Adjudications in Habeas Corpus Petitions: Sanna v. DiPaolo 1. Introduction Michael J.F. Sanna v. Paul DiPaolo, 265 F.3d 1 (1st Cir. 2001), is a pivotal...

Rivera-Rodriguez v. Frito Lay: Clarifying Hostile Work Environment and Wrongful Termination Standards under Title VII, ADEA, and ADA

Date: Sep 11, 2001

Rivera-Rodriguez v. Frito Lay: Clarifying Hostile Work Environment and Wrongful Termination Standards under Title VII, ADEA, and ADA Introduction The case of Víctor F. Rivera-Rodriguez, Sandra...

Davis v. Rennie et al.: Establishing Duty to Intervene in Mental Health Facilities

Date: Sep 6, 2001

Davis v. Rennie et al.: Establishing Duty to Intervene in Mental Health Facilities Introduction Jason Davis, an involuntarily committed mental patient, filed a lawsuit against several mental health...