1st Circuit Case Commentaries

First Circuit Clarifies Standards for Willful Violation of Automatic Stay under 11 U.S.C § 362(h)

Date: Nov 9, 1999

First Circuit Clarifies Standards for Willful Violation of Automatic Stay under 11 U.S.C § 362(h) Introduction The case of Fleet Mortgage Group, Inc. v. Kenneth A. Kaneb (1999) presents a pivotal...

Derived Judicial Immunity and Trustee Liability in Bankruptcy Proceedings: Insights from In Re Mailman Steam Carpet Cleaning Corp.

Date: Nov 3, 1999

Derived Judicial Immunity and Trustee Liability in Bankruptcy Proceedings: Insights from In Re Mailman Steam Carpet Cleaning Corp. Introduction The case of In Re Mailman Steam Carpet Cleaning Corp.,...

Affirmation of Disability Benefits Denial Based on Materiality of Alcoholism: Ke v. Brown Analysis

Date: Oct 28, 1999

Affirmation of Disability Benefits Denial Based on Materiality of Alcoholism: Ke v. Brown Analysis Introduction In Ke v. Brown, 71 F. Supp. 2d 28 (D. R.I. 1999), the United States District Court for...

Reaffirming ADA's Protection: Higgins v. New Balance Athletic Shoe, Inc. Analysis

Date: Oct 23, 1999

Reaffirming ADA's Protection: Higgins v. New Balance Athletic Shoe, Inc. Introduction Higgins v. New Balance Athletic Shoe, Inc. is a pivotal case adjudicated by the United States Court of Appeals,...

Affirmation of 'Strong Inference' Scienter Standard under PSLRA in Greebel v. FTP Software, Inc.

Date: Oct 9, 1999

Affirmation of 'Strong Inference' Scienter Standard under PSLRA in Greebel v. FTP Software, Inc. Introduction In the landmark case Greebel v. FTP Software, Inc., the United States Court of Appeals...

Rooker-Feldman Doctrine Applied: Dismissal of §1983 Suit for Uncompensated Taking

Date: Oct 5, 1999

Rooker-Feldman Doctrine Applied: Dismissal of §1983 Suit for Uncompensated Taking Introduction The case of Arliss J. Hill, Verona A. Johnson, Trustee William A. Johnson Revocable Living Trust and...

Establishing the Threshold for Punitive Damages under Section 1983: Analysis of Iacobucci v. Boulter

Date: Oct 5, 1999

Establishing the Threshold for Punitive Damages under Section 1983: Analysis of Iacobucci v. Boulter Introduction The case of Richard Iacobucci v. Willard Boulter, adjudicated by the United States...

Establishing Federal Personal Jurisdiction Over Foreign Corporations: Insights from United States v. Swiss American Bank, Ltd.

Date: Sep 9, 1999

Establishing Federal Personal Jurisdiction Over Foreign Corporations: Insights from United States v. Swiss American Bank, Ltd. Introduction The case of United States of America v. Swiss American...

Restricting Federal Jurisdiction Over State Regulatory Decisions in Telecommunications: Insights from PRTC v. Telecommunications Regulatory Board of Puerto Rico

Date: Aug 20, 1999

Restricting Federal Jurisdiction Over State Regulatory Decisions in Telecommunications: Insights from PRTC v. Telecommunications Regulatory Board of Puerto Rico Introduction The case of Puerto Rico...

Clarifying Jury Unanimity in Continuing Criminal Enterprise Convictions: Insights from United States v. Escobar-de Jesús

Date: Aug 3, 1999

Clarifying Jury Unanimity in Continuing Criminal Enterprise Convictions: Insights from United States v. Escobar-de Jesús Introduction United States v. Escobar-de Jesús is a pivotal case adjudicated...

ERISA § 514 Preemption in Utilization Review: Danca v. Private Health Care Systems and Phoenix Home Life Mutual Insurance

Date: Aug 3, 1999

ERISA § 514 Preemption in Utilization Review: Danca v. Private Health Care Systems and Phoenix Home Life Mutual Insurance Introduction In the landmark case Pamela Danca, et al. v. Private Health Care...

Vacating a Guilty Plea Due to Misapplication of Safety Valve Provision: Insights from United States v. Hernandez-Wilson

Date: Jul 24, 1999

Vacating a Guilty Plea Due to Misapplication of Safety Valve Provision: Insights from United States v. Hernandez-Wilson Introduction In the landmark case United States of America v. Robert Ali...

Reaffirming BAKER v. McCOLLAN: Police Officers Shielded from §1983 Liability in Valid Warrant Arrests – Brady v. Dill

Date: Jul 23, 1999

Reaffirming BAKER v. McCOLLAN: Police Officers Shielded from §1983 Liability in Valid Warrant Arrests – Brady v. Dill Introduction The case of Brady v. Dill, 187 F.3d 104 (1st Cir. 1999), addressed a...

Burden of Proof Allocation in Crashworthiness Cases: Insights from Trull v. Volkswagen

Date: Jul 23, 1999

Burden of Proof Allocation in Crashworthiness Cases: Insights from Trull v. Volkswagen Introduction The case of Trull v. Volkswagen of America, Inc. (187 F.3d 88) adjudicated by the United States...

Objective Falsity as Preclusive on Defamation Claims: Insights from Faigin v. Kelly

Date: Jul 20, 1999

Objective Falsity as Preclusive on Defamation Claims: Insights from Faigin v. Kelly Introduction A.J. Faigin v. James E. Kelly and Vic Carucci is a landmark defamation case adjudicated by the United...

Vieux v. Pepe: Clarifying the "Ordinary Course of Business" Exception in Federal Wiretapping Law

Date: Jul 20, 1999

Vieux v. Pepe: Clarifying the "Ordinary Course of Business" Exception in Federal Wiretapping Law Introduction In the landmark case of Charles Vieux v. Peter A. Pepe, Jr., et al., the United States...

Notice Standard for Title VII Claims Established in Thomas v. Eastman Kodak Co.

Date: Jul 16, 1999

Notice Standard for Title VII Claims Established in Thomas v. Eastman Kodak Co. Introduction In the landmark case Myrtle Thomas v. Eastman Kodak Company, the United States Court of Appeals for the...

Comprehensive Commentary on Wills v. Brown University: Hostile Environment under Title IX

Date: Jul 16, 1999

Comprehensive Commentary on Wills v. Brown University: Hostile Environment under Title IX Introduction Marketa Wills v. Brown University (184 F.3d 20) is a significant appellate case adjudicated by...

Affirming Insurer's Duty to Defend in the Absence of Employee Status: Franco v. Selective Insurance Company

Date: Jul 15, 1999

Affirming Insurer's Duty to Defend in the Absence of Employee Status Introduction The case Michael Franco v. Selective Insurance Company (184 F.3d 4), decided by the United States Court of Appeals,...

Establishing Probable Cause in Residence Searches for Drug Trafficking: Insights from United States v. Feliz

Date: Jul 8, 1999

Establishing Probable Cause in Residence Searches for Drug Trafficking: Insights from United States v. Feliz Introduction In the landmark case of United States v. Yanokura Feliz, the United States...