1st Circuit Case Commentaries

Affirmation of Procedural and Evidentiary Standards in Armed Robbery Appeals: United States v. Balsam et al.

Date: Feb 12, 2000

Affirmation of Procedural and Evidentiary Standards in Armed Robbery Appeals: United States v. Balsam et al. Introduction In the landmark appellate decision titled United States of America v. Balsam...

Joint Client Exception Affirmed in FDIC v. Ogden Corporation

Date: Feb 8, 2000

Joint Client Exception Affirmed in FDIC v. Ogden Corporation Introduction In Federal Deposit Insurance Corporation v. Ogden Corporation, 202 F.3d 454 (1st Cir. 2000), the United States Court of...

Establishing Pretext in Age Discrimination: Domínguez-Cruz v. Suttle Caribe, Inc. Analysis

Date: Feb 3, 2000

Establishing Pretext in Age Discrimination: Domínguez-Cruz v. Suttle Caribe, Inc. Analysis Introduction The case of Alberto Domínguez-Cruz and Nydia Negron-Ramos v. Suttle Caribe, Inc. presents a...

ERISA Preemption of Common Law Breach of Contract Claims in Supplemental Executive Retirement Plans: Hampers v. W.R. Grace Co.

Date: Jan 29, 2000

ERISA Preemption of Common Law Breach of Contract Claims in Supplemental Executive Retirement Plans: Hampers v. W.R. Grace Co. Introduction The case of Constantine L. Hampers, M.D. v. W.R. Grace Co.,...

Dismissal of Section 1983 Claims Against Judicial Officers Under Chapter 209A

Date: Jan 28, 2000

Dismissal of Section 1983 Claims Against Judicial Officers Under Chapter 209A Introduction In the landmark case of James NOLLET, James Carroll, David Merchant, Donald Roine, Richard Scanlon, Earl...

Gonzalez v. United States: Affirming the Collateral Nature of Immigration Consequences in Guilty Plea Withdrawals

Date: Jan 25, 2000

Gonzalez v. United States: Affirming the Collateral Nature of Immigration Consequences in Guilty Plea Withdrawals Introduction Gonzalez v. United States is a pivotal case decided by the United States...

Enhancing Due Process in Robbery and Conspiracy Cases: Insights from United States v. Palmer

Date: Jan 15, 2000

Enhancing Due Process in Robbery and Conspiracy Cases: Insights from United States v. Palmer Introduction Case: United States v. Charles Palmer Court: United States Court of Appeals, First Circuit...

Warsaw Convention Liability for Serving Intoxicated Passengers: Analysis of Langadinos v. American Airlines

Date: Jan 7, 2000

Warsaw Convention Liability for Serving Intoxicated Passengers: Analysis of Langadinos v. American Airlines Introduction The case of Gregory Langadinos v. American Airlines, Inc. (199 F.3d 68)...

Nicolo v. Philip Morris: Reassessing the Accrual of Cause of Action in Latent Disease Cases

Date: Jan 7, 2000

Nicolo v. Philip Morris: Reassessing the Accrual of Cause of Action in Latent Disease Cases Introduction Nicolo v. Philip Morris, Inc., Liggett Group, Inc., and Liggett Myers, Inc., 201 F.3d 29 (1st...

Clarifying the 'Dealer' Definition Under Puerto Rico's Act 75: First Circuit Upholds Robroy Industries' Termination of Sales Agreement

Date: Dec 30, 1999

Clarifying the 'Dealer' Definition Under Puerto Rico's Act 75: First Circuit Upholds Robroy Industries' Termination of Sales Agreement Introduction The legal dispute between Triangle Trading Co.,...

First Circuit Clarifies Pretext vs. Mixed-Motive Analysis in Racial Discrimination Cases

Date: Dec 30, 1999

First Circuit Clarifies Pretext vs. Mixed-Motive Analysis in Racial Discrimination Cases Introduction In Fernandes v. Costa Brothers Masonry, Inc., 199 F.3d 572 (1st Cir. 1999), the United States...

Procedural Default and Section 851(a)(1) Enhancements: Stanley Prou Decision

Date: Dec 18, 1999

Procedural Default and Section 851(a)(1) Enhancements: Stanley Prou Decision Introduction The case of Stanley Prou v. United States of America, decided by the United States Court of Appeals for the...

Defining 'Assault' in Sentencing Enhancements: Insights from United States v. Charles Lee

Date: Dec 15, 1999

Defining 'Assault' in Sentencing Enhancements: Insights from United States v. Charles Lee Introduction The case of United States of America v. Charles Lee (199 F.3d 16) presents a pivotal examination...

Affirming Standing in Pre-Enforcement Challenges: Rhode Island Association of Realtors v. Whitehouse

Date: Dec 15, 1999

Affirming Standing in Pre-Enforcement Challenges: Rhode Island Association of Realtors v. Whitehouse Introduction The case Rhode Island Association of Realtors, Inc. v. Sheldon Whitehouse, Attorney...

Clarifying the 'Clearly Erroneous' Standard for Discovery Sanctions: Phinney v. Paulshock

Date: Dec 9, 1999

Clarifying the 'Clearly Erroneous' Standard for Discovery Sanctions: Phinney v. Paulshock Introduction In Phinney v. Paulshock, 199 F.3d 1 (1st Cir. 1999), the United States Court of Appeals for the...

Warrantless Home Arrests and Evidence Rules: An Analysis of United States v. Winchenbach

Date: Dec 3, 1999

Warrantless Home Arrests and Evidence Rules: An Analysis of United States v. Winchenbach Introduction The case of United States of America v. Ralph Winchenbach, Jr., adjudicated by the United States...

Specific Personal Jurisdiction Requires Purposeful Availment: Phillips Exeter Academy v. Howard Phillips Fund

Date: Nov 20, 1999

Specific Personal Jurisdiction Requires Purposeful Availment: Phillips Exeter Academy v. Howard Phillips Fund Introduction The case of Phillips Exeter Academy, Plaintiff-Appellant, v. Howard Phillips...

Protection of Exclusive Distribution Rights under Puerto Rico's Law 75: The Irvine v. Murad Case

Date: Nov 16, 1999

Protection of Exclusive Distribution Rights under Puerto Rico's Law 75: The Irvine v. Murad Case Introduction The legal landscape governing distribution agreements often hinges on the protection of...

New Precedent in Civil Rights Litigation: Britton v. Maloney

Date: Nov 9, 1999

New Precedent in Civil Rights Litigation: Britton v. Maloney Introduction In Randy Britton v. Patrick J. Maloney, the United States Court of Appeals for the First Circuit addressed significant issues...

Qualified Immunity Uphheld for Warrantless Police Entry in Domestic Violence Restraining Order Cases

Date: Nov 9, 1999

Qualified Immunity Upholds Warrantless Police Entry in Domestic Violence Restraining Order Enforcement Introduction The case of Lori Fletcher v. Town of Clinton, Dean Bessey, and Todd Genest (196...