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  • Commentaries
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1st Circuit Case Commentaries

Affirming the Exhaustion Requirement in Federal Habeas Proceedings: Adelson v. DiPaola

Affirming the Exhaustion Requirement in Federal Habeas Proceedings: Adelson v. DiPaola

Date: Dec 13, 1997
Affirming the Exhaustion of State Remedies Requirement in Federal Habeas Proceedings: Adelson v. DiPaola 1. Introduction Adelson v. DiPaola (131 F.3d 259, 1997) is a pivotal case adjudicated by the...
Section 301 Preemption of State-Law Claims: Insights from Flibotte v. Pennsylvania Truck Lines, Inc.

Section 301 Preemption of State-Law Claims: Insights from Flibotte v. Pennsylvania Truck Lines, Inc.

Date: Dec 11, 1997
Section 301 Preemption of State-Law Claims: Insights from Flibotte v. Pennsylvania Truck Lines, Inc. Introduction The case of Albert A. Flibotte, et al. v. Pennsylvania Truck Lines, Inc. (131 F.3d...
Forfeiture of Attorney-Client Privilege through Disclosure to Government Agencies: United States v. MIT

Forfeiture of Attorney-Client Privilege through Disclosure to Government Agencies: United States v. MIT

Date: Nov 26, 1997
Forfeiture of Attorney-Client Privilege through Disclosure to Government Agencies: United States v. MIT Introduction In United States of America v. Massachusetts Institute of Technology (MIT), the...
Santiago-Becerril v. United States: Upholding Speedy Trial and Witness Rights

Santiago-Becerril v. United States: Upholding Speedy Trial and Witness Rights

Date: Nov 21, 1997
Santiago-Becerril v. United States: Upholding Speedy Trial and Witness Rights Introduction Santiago-Becerril v. United States (130 F.3d 11, United States Court of Appeals, First Circuit, 1997) is a...
Mandamus Petition Denied: Standards for Judicial Recusal under 28 U.S.C. §144 and §455

Mandamus Petition Denied: Standards for Judicial Recusal under 28 U.S.C. §144 and §455

Date: Nov 13, 1997
Mandamus Petition Denied: Standards for Judicial Recusal under 28 U.S.C. §144 and §455 Introduction The case of In Re: Marisol Martinez-Catala, et al., Petitioners (129 F.3d 213) addresses the...
Pratt v. United States: Strengthening AEDPA’s Restrictions on Successive Habeas Petitions

Pratt v. United States: Strengthening AEDPA’s Restrictions on Successive Habeas Petitions

Date: Nov 7, 1997
Pratt v. United States: Strengthening AEDPA’s Restrictions on Successive Habeas Petitions Introduction Pratt v. United States, 129 F.3d 54 (1st Cir. 1997), marks a significant judicial affirmation of...
Equitable Tolling and Statute of Limitations in Mortgage Fraud: Salois v. Dime Savings Bank

Equitable Tolling and Statute of Limitations in Mortgage Fraud: Salois v. Dime Savings Bank

Date: Nov 4, 1997
Equitable Tolling and Statute of Limitations in Mortgage Fraud: Salois v. Dime Savings Bank Introduction Salois et al. v. Dime Savings Bank of New York, FSB is a pivotal case adjudicated by the...
Balancing Free Speech and Courtroom Impartiality: The Berner v. Delahanty Decision

Balancing Free Speech and Courtroom Impartiality: The Berner v. Delahanty Decision

Date: Oct 29, 1997
Balancing Free Speech and Courtroom Impartiality: The Berner v. Delahanty Decision Introduction The case of Seth Berner v. Judge Thomas E. Delahanty, II, adjudicated by the United States Court of...
Affirmation of Felon-In-Possession and Commerce Clause Application in United States v. Cardoza

Affirmation of Felon-In-Possession and Commerce Clause Application in United States v. Cardoza

Date: Oct 28, 1997
Affirmation of Felon-In-Possession and Commerce Clause Application in United States v. Cardoza Introduction United States of America v. Frederick Cardoza, 129 F.3d 6 (1st Cir. 1997), is a significant...
Precedent-setting Enforcement of the Endangered Species Act Against State Licensing Schemes

Precedent-setting Enforcement of the Endangered Species Act Against State Licensing Schemes

Date: Oct 10, 1997
Precedent-Setting Enforcement of the Endangered Species Act Against State Licensing Schemes Introduction In the landmark case Richard Max Strahan v. Trudy Coxe et al., decided by the United States...
Defamation Standards and the Boundaries of Opinion: Insights from Levinsky's Inc. v. Wal-Mart Stores, Inc.

Defamation Standards and the Boundaries of Opinion: Insights from Levinsky's Inc. v. Wal-Mart Stores, Inc.

Date: Sep 27, 1997
Defamation Standards and the Boundaries of Opinion: Insights from Levinsky's Inc. v. Wal-Mart Stores, Inc. Introduction In the landmark case Levinsky's Inc. v. Wal-Mart Stores, Inc., decided on...
John Alden Life Insurance Co. v. Reich: Affirmation of Administrative Exemption under the FLSA

John Alden Life Insurance Co. v. Reich: Affirmation of Administrative Exemption under the FLSA

Date: Sep 19, 1997
John Alden Life Insurance Co. v. Reich: Affirmation of Administrative Exemption under the FLSA Introduction The case of Robert B. Reich, et al., Plaintiff-Appellant, v. John Alden Life Insurance...
Associated Fisheries of Maine v. Daley: Upholding Administrative Discretion in Fishery Management

Associated Fisheries of Maine v. Daley: Upholding Administrative Discretion in Fishery Management

Date: Sep 17, 1997
Associated Fisheries of Maine v. Daley: Upholding Administrative Discretion in Fishery Management Introduction Associated Fisheries of Maine, Inc., Plaintiff, Appellant, v. William M. Daley,...
Proper Application of the Lodestar Method for Attorney Fee Awards under 42 U.S.C. §1988: Analysis of Coutin v. Young Rubicam Puerto Rico, Inc.

Proper Application of the Lodestar Method for Attorney Fee Awards under 42 U.S.C. §1988: Analysis of Coutin v. Young Rubicam Puerto Rico, Inc.

Date: Sep 9, 1997
Proper Application of the Lodestar Method for Attorney Fee Awards under 42 U.S.C. §1988: Analysis of Coutin v. Young Rubicam Puerto Rico, Inc. Introduction The case of Denise Coutin, et al. v. Young...
Affirmation of Summary Judgment in DeNovellis v. Shalala: Implications for Title VII Remedies Post-Civil Rights Act of 1991

Affirmation of Summary Judgment in DeNovellis v. Shalala: Implications for Title VII Remedies Post-Civil Rights Act of 1991

Date: Sep 3, 1997
Affirmation of Summary Judgment in DeNovellis v. Shalala: Implications for Title VII Remedies Post-Civil Rights Act of 1991 Introduction In Vincent DeNovellis v. Donna E. Shalala, Secretary of Health...
Successor Liability Doctrine Clarified in ED PETERS JEWELRY CO., INC. v. C J JEWELRY CO., INC.

Successor Liability Doctrine Clarified in ED PETERS JEWELRY CO., INC. v. C J JEWELRY CO., INC.

Date: Aug 30, 1997
Successor Liability Doctrine Clarified in ED PETERS JEWELRY CO., INC. v. C J JEWELRY CO., INC. Introduction The case of Ed Peters Jewelry Co., Inc. v. C J Jewelry Co., Inc. (124 F.3d 252) addresses...
Limits on Aggregating Preindictment Delay Claims under Due Process: U.S. v. Stokes

Limits on Aggregating Preindictment Delay Claims under Due Process: U.S. v. Stokes

Date: Aug 23, 1997
Limits on Aggregating Preindictment Delay Claims under Due Process: U.S. v. Stokes Introduction In the landmark appellate decision United States of America v. Ronald A.X. Stokes, 124 F.3d 39 (1st...
Due Process and Parole Revocation: Insights from White v. Gittens

Due Process and Parole Revocation: Insights from White v. Gittens

Date: Aug 22, 1997
Due Process and Parole Revocation: Insights from White v. Gittens Introduction White v. Gittens, 121 F.3d 803 (1st Cir. 1997), is a pivotal case that explores the intersection of parole revocation...
Ruiz v. Posadas de San Juan Associates: Upholding Summary Judgment in ADEA Age Discrimination Claims

Ruiz v. Posadas de San Juan Associates: Upholding Summary Judgment in ADEA Age Discrimination Claims

Date: Aug 19, 1997
Ruiz v. Posadas de San Juan Associates: Upholding Summary Judgment in ADEA Age Discrimination Claims Introduction The case of Ivan Ruiz et al. v. Posadas de San Juan Associates, Inc. (124 F.3d 243,...
Non-Preemption of Massachusetts Disclosure Act by Federal Cigarette Labeling and Advertising Laws

Non-Preemption of Massachusetts Disclosure Act by Federal Cigarette Labeling and Advertising Laws

Date: Aug 19, 1997
Non-Preemption of Massachusetts Disclosure Act by Federal Cigarette Labeling and Advertising Laws Introduction The case of Philip Morris Incorporated et al. v. L. Scott Harshbarger et al. revolves...
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