1st Circuit Case Commentaries

Palamacci v. Umpierrez: Establishing Fraudulent Misrepresentation in Bankruptcy Discharge Exceptions

Date: Aug 12, 1997

Palamacci v. Umpierrez: Establishing Fraudulent Misrepresentation in Bankruptcy Discharge Exceptions Introduction Palamacci v. Umpierrez (121 F.3d 781, United States Court of Appeals for the First...

Rodriguez-Suris v. Montesinos: Expanding Exceptions to Puerto Rico's One-Year Statute of Limitations for Tort Actions

Date: Aug 12, 1997

Rodriguez-Suris v. Montesinos: Expanding Exceptions to Puerto Rico's One-Year Statute of Limitations for Tort Actions Introduction Rodriguez-Suris et al. v. Montesinos et al., 123 F.3d 10 (1st Cir....

Affirmation of Summary Judgment in ADEA Age Discrimination Case: Hidalgo v. Overseas Condado Insurance Agencies

Date: Aug 12, 1997

Affirmation of Summary Judgment in ADEA Age Discrimination Case: Hidalgo v. Overseas Condado Insurance Agencies Introduction In the landmark case of Manuel T. Hidalgo v. Overseas Condado Insurance...

Procedural Default in Batson Claims: Implications from Brewer v. Marshall

Date: Jul 22, 1997

Procedural Default in Batson Claims: Implications from Brewer v. Marshall Introduction The case of Joey Brewer, Petitioner, v. Clifford Marshall, Respondent, Appellant, adjudicated by the United...

Determining Employment Status of Law Firm Partners under Title VII: Insights from Serapion v. Martinez

Date: Jul 19, 1997

Determining Employment Status of Law Firm Partners under Title VII: Insights from Serapion v. Martinez Introduction Serapion v. Martinez is a pivotal case decided by the United States Court of...

Affirmation of Dismissal: Strict Pleading Requirements for RICO Claims in Ahmed v. Rosenblatt et al.

Date: Jul 15, 1997

Affirmation of Dismissal: Strict Pleading Requirements for RICO Claims in Ahmed v. Rosenblatt et al. Introduction In the appellate case of Malek Ahmed v. Jon Rosenblatt, Carol Rosenblatt, Charles...

Standard for Overcoming Summary Judgment in Employment Discrimination Cases: Analysis of Pilgrim v. Trustees of Tufts College

Date: Jul 11, 1997

Standard for Overcoming Summary Judgment in Employment Discrimination Cases: Analysis of Pilgrim v. Trustees of Tufts College Introduction Pilgrim v. Trustees of Tufts College is a significant case...

Title VII Retaliation Protections and Transfer Denials: Insights from Randlett v. Department of Health and Human Services

Date: Jul 11, 1997

Title VII Retaliation Protections and Transfer Denials: Insights from Randlett v. Department of Health and Human Services Introduction The case of Jean M. Randlett v. Donna E. Shalala, Secretary,...

Affirmation of Eleventh Amendment Immunity in FLSA Suits: Mills v. State of Maine

Date: Jul 8, 1997

Affirmation of Eleventh Amendment Immunity in FLSA Suits: Mills v. State of Maine Introduction The landmark decision in Mills v. State of Maine, 118 F.3d 37 (1997), delivered by the United States...

Scope and Limits of Judicial Review in ERISA Claims: Recupero v. New England Telephone and Telegraph Company

Date: Jul 8, 1997

Scope and Limits of Judicial Review in ERISA Claims: Recupero v. New England Telephone and Telegraph Company Introduction The case of Cheryl T. Recupero v. New England Telephone and Telegraph Company...

Reaffirming Summary Judgment Standards in Promissory Note Disputes: Cadle Company v. Hayes

Date: Jun 27, 1997

Reaffirming Summary Judgment Standards in Promissory Note Disputes: Cadle Company v. Hayes Introduction Cadle Company v. John J. Hayes, III, 116 F.3d 957 (1st Cir. 1997), is a pivotal case that...

Limits on Reopening Dismissed §1983 Claims: Insights from Aybar v. Crispin-Reyes

Date: Jun 27, 1997

Limits on Reopening Dismissed §1983 Claims: Insights from Aybar v. Crispin-Reyes Introduction Aybar v. Crispin-Reyes, 118 F.3d 10 (1st Cir. 1997), addresses critical procedural boundaries within...

Reaffirming Reasonable Suspicion Standards for Strip Searches Under 42 U.S.C §1983: Kelli Swain v. Spinney et al.

Date: Jun 26, 1997

Reaffirming Reasonable Suspicion Standards for Strip Searches Under 42 U.S.C §1983: Kelli Swain v. Spinney et al. Introduction The case of Kelli Swain v. Laura Spinney, Edward Hayes, and the Town of...

Affidavits from Non-Testifying Codefendants as Newly Discovered Evidence under Federal Rule 33: United States v. Montilla-Rivera

Date: Jun 20, 1997

Affidavits from Non-Testifying Codefendants as Newly Discovered Evidence under Federal Rule 33: United States v. Montilla-Rivera Introduction The case of United States of America v. Fernando...

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1st Circuit Case Commentaries

Palamacci v. Umpierrez: Establishing Fraudulent Misrepresentation in Bankruptcy Discharge Exceptions

Rodriguez-Suris v. Montesinos: Expanding Exceptions to Puerto Rico's One-Year Statute of Limitations for Tort Actions

Affirmation of Summary Judgment in ADEA Age Discrimination Case: Hidalgo v. Overseas Condado Insurance Agencies

Procedural Default in Batson Claims: Implications from Brewer v. Marshall

Determining Employment Status of Law Firm Partners under Title VII: Insights from Serapion v. Martinez

Affirmation of Dismissal: Strict Pleading Requirements for RICO Claims in Ahmed v. Rosenblatt et al.

Standard for Overcoming Summary Judgment in Employment Discrimination Cases: Analysis of Pilgrim v. Trustees of Tufts College

Title VII Retaliation Protections and Transfer Denials: Insights from Randlett v. Department of Health and Human Services

Affirmation of Eleventh Amendment Immunity in FLSA Suits: Mills v. State of Maine

Scope and Limits of Judicial Review in ERISA Claims: Recupero v. New England Telephone and Telegraph Company

Reaffirming Summary Judgment Standards in Promissory Note Disputes: Cadle Company v. Hayes

Limits on Reopening Dismissed §1983 Claims: Insights from Aybar v. Crispin-Reyes

Reaffirming Reasonable Suspicion Standards for Strip Searches Under 42 U.S.C §1983: Kelli Swain v. Spinney et al.

Affidavits from Non-Testifying Codefendants as Newly Discovered Evidence under Federal Rule 33: United States v. Montilla-Rivera

Establishing Psychotherapist-Patient Privilege: Analysis of Vanderbilt v. Town of Chilmark

Reinforcing Personal Jurisdiction Limits: Insights from Fullerton Tires Corp. v. Custom Metal Spinning Corp.

Enhancing the Declarations Against Interest Exception in RICO Cases: An Analysis of Barone v. United States

Totality of Circumstances in Probable Cause: Insights from United States v. Khounsavanh

Establishing a Modified 'But For' Causation Standard for Restitution under the Victim and Witness Protection Act

Vicarious Liability in Securities Fraud: Dinco v. Dylex Limited