1st Circuit Case Commentaries

Valerio v. Putnam Associates: Expanding FLSA Retaliation Protections to Internal Complaints

Date: Apr 10, 1999

Valerio v. Putnam Associates: Expanding FLSA Retaliation Protections to Internal Complaints Introduction In the landmark case of Elaine Valerio v. Putnam Associates Incorporated, the United States...

Enhanced Intervention Standards in Campaign Finance Litigation: Daggett v. Commission on Governmental Ethics and Election Practices

Date: Apr 10, 1999

Enhanced Intervention Standards in Campaign Finance Litigation: Daggett v. Commission on Governmental Ethics and Election Practices Introduction Daggett v. Commission on Governmental Ethics and...

Enforcing Collective Bargaining Obligations: NLRB v. Beverly Enterprises Sets Strict Limits on Unilateral Employment Changes

Date: Apr 7, 1999

Enforcing Collective Bargaining Obligations: NLRB v. Beverly Enterprises Sets Strict Limits on Unilateral Employment Changes Introduction In the landmark case NLRB v. Beverly...

Balancing Federal Telecommunications Regulations with Local Zoning Authority: Amherst v. Omnipoint

Date: Mar 31, 1999

Balancing Federal Telecommunications Regulations with Local Zoning Authority: Amherst v. Omnipoint Introduction The case of Town of Amherst, New Hampshire, Defendant, Appellant, v. Omnipoint...

Enhanced Assessment of Residual Functional Capacity in Disability Claims: Nguyen v. Chater

Date: Mar 27, 1999

Enhanced Assessment of Residual Functional Capacity in Disability Claims: Nguyen v. Chater Introduction The case of Hung Nguyen v. Shirley S. Chater (172 F.3d 31, 1999) serves as a pivotal judicial...

Duty to Disclose Material Board Conflicts in IPOs: Cooperman v. Individual Inc. (1st Cir. 1999)

Date: Mar 23, 1999

Duty to Disclose Material Board Conflicts in IPOs: Cooperman v. Individual Inc. (1st Cir. 1999) Introduction Cooperman et al. v. Individual Inc. is a seminal case decided by the United States Court...

Affirmation of Burden-Shifting in Race Discrimination Claims and School Authority on Expression: Conward v. Cambridge School Committee

Date: Mar 20, 1999

Affirmation of Burden-Shifting in Race Discrimination Claims and School Authority on Expression: Conward v. Cambridge School Committee Introduction Conward v. Cambridge School Committee, 171 F.3d 12...

Quint v. Staley Manufacturing: ADA Discrimination, Damages Mitigation, and Collateral-Source Rules

Date: Mar 16, 1999

Quint v. Staley Manufacturing: ADA Discrimination, Damages Mitigation, and Collateral-Source Rules 1. Introduction In the landmark case of Quint v. A.E. Staley Manufacturing Company, the United...

Insufficient Allegations for Antitrust Conspiracy: DM Research Inc. v. College of American Pathologists

Date: Mar 5, 1999

Insufficient Allegations for Antitrust Conspiracy: DM Research Inc. v. College of American Pathologists Introduction DM Research, Inc. v. College of American Pathologists and National Committee for...

Affirmation of RICO Convictions and Upholding Search Warrant Reliance in United States v. Owens

Date: Mar 3, 1999

Affirmation of RICO Convictions and Upholding Search Warrant Reliance in United States v. Owens Introduction United States v. Dwayne Owens is a significant case decided by the United States Court of...

Enhanced Whistleblower Protections under the Federal Credit Union Act: Simas v. First Citizens' Federal Credit Union

Date: Mar 3, 1999

Enhanced Whistleblower Protections under the Federal Credit Union Act: Simas v. First Citizens' Federal Credit Union Introduction In the landmark case of Victor E. Simas v. First Citizens' Federal...

Rigorous Standards for Asylum Eligibility and Credibility Assessments: Aguilar-Solis v. INS

Date: Feb 27, 1999

Rigorous Standards for Asylum Eligibility and Credibility Assessments: Aguilar-Solis v. INS Introduction Reynaldo Aguilar-Solis v. Immigration and Naturalization Service (INS) is a pivotal case...

Rosenberg v. Merrill Lynch: First Circuit Defines Appropriateness of Arbitration under 1991 CRA and OWBPA

Date: Feb 25, 1999

Rosenberg v. Merrill Lynch: First Circuit Defines Appropriateness of Arbitration under 1991 CRA and OWBPA Introduction In the landmark case Susan M. Rosenberg v. Merrill Lynch, Pierce, Fenner Smith...

Defining 'Disability' under the ADA: Insights from P. Tardie v. Rehabilitation Hospital of Rhode Island

Date: Feb 25, 1999

Defining 'Disability' under the ADA: Insights from P. Tardie v. Rehabilitation Hospital of Rhode Island Introduction P. Tardie v. Rehabilitation Hospital of Rhode Island, et al. (168 F.3d 538) is a...

Color of Law Doctrine Reinforced in Barreto-Rivera v. Medina-Vargas

Date: Feb 19, 1999

Color of Law Doctrine Reinforced in Barreto-Rivera v. Medina-Vargas Introduction The case of Amelia Barreto-Rivera, et al. v. Luis R. Medina-Vargas, et al., adjudicated by the United States Court of...

Affirmation of Summary Judgment in Breach of Employment Contract over Variable Incentives: Michelson v. Digital Financial Services

Date: Feb 17, 1999

Affirmation of Summary Judgment in Breach of Employment Contract over Variable Incentive Compensation: Michelson v. Digital Financial Services Introduction The case of Bruce Michelson v. Digital...

Defining the Scope and Particularity of Search Warrants in Digital Investigations: United States v. Upham

Date: Feb 13, 1999

Defining the Scope and Particularity of Search Warrants in Digital Investigations: United States v. Upham Introduction United States v. Troy Upham, 168 F.3d 532 (1st Cir. 1999), is a pivotal case...

Enforceability of Settlement Agreements under ERISA: Morais v. Central Beverage

Date: Feb 12, 1999

Enforceability of Settlement Agreements under ERISA: Morais v. Central Beverage Introduction In Fabio T. Morais v. Central Beverage Corporation Union Employees' Supplemental Retirement Plan, Abacus...

Defining Single Conspiracy in Narcotics Trafficking: Insights from United States v. Portela

Date: Feb 10, 1999

Defining Single Conspiracy in Narcotics Trafficking: Insights from United States v. Portela Introduction The case of United States of America v. Rafael Portela, Francisco Villamán-Rodríguez, and Juán...

Proper Use of Administrative Closings and Third-Party Impleader: First Circuit in Lehman v. Revolution Portfolio LLC

Date: Jan 28, 1999

Proper Use of Administrative Closings and Third-Party Impleader: First Circuit in Lehman v. Revolution Portfolio LLC Introduction The case of Barry Lehman v. Revolution Portfolio LLC (166 F.3d 389)...