1st Circuit Case Commentaries

Withdrawal from Conspiracy Not an Affirmative Defense: First Circuit Upholds Marijuana Distribution Conspiracy Conviction

Date: Dec 24, 1996

Withdrawal from Conspiracy Not an Affirmative Defense: First Circuit Upholds Marijuana Distribution Conspiracy Conviction Introduction The case of United States of America v. Chadwick Rogers (102...

Establishing the Necessity for Distinct Enterprise and Person in RICO Claims: Insights from Doyle v. Hasbro

Date: Dec 24, 1996

Establishing the Necessity for Distinct Enterprise and Person in RICO Claims: Insights from Doyle v. Hasbro Introduction The case of Patrick J. Doyle and H.P. Leasing, Inc. v. Hasbro, Inc.,...

NEPA Compliance in Loon Mountain Expansion: Adequate Alternatives and CWA Permit Requirements Established

Date: Dec 20, 1996

NEPA Compliance in Loon Mountain Expansion: Adequate Alternatives and CWA Permit Requirements Established Introduction The case of Roland C. Dubois and RESTORE: The North Woods v. Department of...

Preliminary Injunctions Uphold Non-Discrimination in Settlement Agreements: ROSS-SIMONS v. BACCARAT

Date: Dec 14, 1996

Preliminary Injunctions Uphold Non-Discrimination in Settlement Agreements: ROSS-SIMONS v. BACCARAT Introduction The case of ROSS-SIMONS OF WARWICK, INC., ET AL. v. BACCARAT, INC. centers around a...

Strict Adherence to Administrative Deadlines in Gender Discrimination Claims: Lawton v. State Mutual Life Assurance Co.

Date: Dec 3, 1996

Strict Adherence to Administrative Deadlines in Gender Discrimination Claims: Lawton v. State Mutual Life Assurance Co. Introduction In Lawton v. State Mutual Life Assurance Company of America, the...

Affirmation of Deliberate Indifference Standard for Supervisory Liability under 42 U.S.C. §1983: Sanchez v. Alvarado

Date: Dec 3, 1996

Affirmation of Deliberate Indifference Standard for Supervisory Liability under 42 U.S.C. §1983: Sanchez v. Alvarado Introduction Maria de los Angeles Sanchez ("Sanchez") filed a civil rights claim...

Brown University Title IX Compliance: Comprehensive Legal Commentary

Date: Nov 22, 1996

Brown University Title IX Compliance: Comprehensive Legal Commentary Introduction In the landmark case Amy Cohen, et al. v. Brown University, et al., the United States Court of Appeals for the First...

Substantive Due Process in Police Pursuit: Evans v. Avery Establishes 'Shock the Conscience' Standard

Date: Nov 21, 1996

Substantive Due Process in Police Pursuit: Evans v. Avery Establishes 'Shock the Conscience' Standard Introduction Evans v. Avery, 100 F.3d 1033 (1st Cir. 1996), is a pivotal case addressing the...

Discretionary Standards for Prejudgment Interest and Attorneys' Fees in ERISA Litigation: Insights from COTTRILL v. SPARROW, JOHNSON URSILLO, INC.

Date: Nov 20, 1996

Discretionary Standards for Prejudgment Interest and Attorneys' Fees in ERISA Litigation: Insights from COTTRILL v. SPARROW, JOHNSON URSILLO, INC. Introduction The case of Arthur T. COTTRILL v....

Affirmation of Union Shop Provisions Under the Railway Labor Act: Wightman v. Springfield Terminal Railway Co.

Date: Nov 20, 1996

Affirmation of Union Shop Provisions Under the Railway Labor Act: Wightman v. Springfield Terminal Railway Co. Introduction The case of DOUGLAS T. WIGHTMAN, ET AL., PLAINTIFFS, APPELLANTS, v....

Clarifying Scope and Burden of Proof in Employment Discrimination Claims: Insights from Lattimore v. Polaroid Corporation

Date: Nov 6, 1996

Clarifying Scope and Burden of Proof in Employment Discrimination Claims: Insights from Lattimore v. Polaroid Corporation Introduction In the landmark case of Ollie Lattimore v. Polaroid Corporation,...

First Circuit Upholds N-PAC’s Standing and Strikes Down New Hampshire’s Independent Expenditure Cap

Date: Nov 2, 1996

First Circuit Upholds N-PAC’s Standing and Strikes Down New Hampshire’s Independent Expenditure Cap Introduction In the landmark case New Hampshire Right to Life Political Action Committee v. William...

Affirmation of Summary Judgment in Political Retaliation Claims: LaRou v. Ridlon

Date: Oct 29, 1996

Affirmation of Summary Judgment in Political Retaliation Claims: LaRou v. Ridlon Introduction In LaRou v. Ridlon, 98 F.3d 659 (1st Cir. 1996), the appellate court addressed claims of political...

Establishing Viable Discrimination Claims: Reversal of Summary Judgment in Mulero-Rodriguez v. Ponte, Inc.

Date: Oct 29, 1996

Establishing Viable Discrimination Claims: Reversal of Summary Judgment in Mulero-Rodriguez v. Ponte, Inc. Introduction In Mulero-Rodriguez v. Ponte, Inc., the United States Court of Appeals for the...

Federal Employee Immunity in Defamation Claims: Insights from Aversa v. United States

Date: Oct 22, 1996

Federal Employee Immunity in Defamation Claims: Insights from Aversa v. United States Introduction Aversa v. United States is a landmark case adjudicated by the United States Court of Appeals for the...

First Circuit Reverses 'Innocent Victim' Requirement for RICO Standing

Date: Sep 28, 1996

First Circuit Reverses 'Innocent Victim' Requirement for RICO Standing Introduction In the landmark case of Roma Construction Company and Peter Zanni v. Ralph R. aRusso, et al., decided on September...

Affirmation of Social Security Disability Denial: Emphasis on Residual Functional Capacity and Procedural Adherence

Date: Sep 25, 1996

Affirmation of Social Security Disability Denial: Emphasis on Residual Functional Capacity and Procedural Adherence Introduction In the landmark case of John Mandziej v. Shirley S. Chater,...

Affirmation of Non-Exclusive Distributorship and Rejection of Antitrust Claims in Borschow Hospital v. Cesar Castillo et al.

Date: Sep 24, 1996

Affirmation of Non-Exclusive Distributorship and Rejection of Antitrust Claims in Borschow Hospital Medical Supplies, Inc. v. Cesar Castillo, Inc., et al. Introduction The case of Borschow Hospital...

First Circuit Affirms Dismissal of Copyright Infringement Claims in CMM v. WPOR-FM Due to Unoriginal Promotional Elements

Date: Sep 21, 1996

First Circuit Affirms Dismissal of Copyright Infringement Claims in CMM v. WPOR-FM Due to Unoriginal Promotional Elements Introduction The case of CMM Cable Rep., Inc., d/b/a Creative Media...

Clean-Up Group, Inc. v. Jacques: Employer's Interactive Process Duties under the ADA Affirmed

Date: Sep 20, 1996

Clean-Up Group, Inc. v. Jacques: Employer's Interactive Process Duties under the ADA Affirmed Introduction Clean-Up Group, Inc. v. Jacques (96 F.3d 506), adjudicated by the United States Court of...

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