1st Circuit Case Commentaries

Reaffirming the Reasonableness Standard in ERISA Benefit Denials: Doe v. Travelers Insurance Company

Date: Jan 28, 1999

Reaffirming the Reasonableness Standard in ERISA Benefit Denials: Doe v. Travelers Insurance Company Introduction Doe v. Travelers Insurance Company, 167 F.3d 53 (1999), is a pivotal case decided by...

First Circuit Upholds Standards for Jury Selection and Forfeiture in Drug Conspiracy Case

Date: Jan 23, 1999

First Circuit Upholds Standards for Jury Selection and Forfeiture in Drug Conspiracy Case Introduction In United States v. Candelaria-Silva et al., the United States Court of Appeals for the First...

FAA's Authority to Dismiss Unsubstantiated Aviation Complaints without Evidentiary Hearings Upheld

Date: Jan 20, 1999

FAA's Authority to Dismiss Unsubstantiated Aviation Complaints without Evidentiary Hearings Upheld Introduction In the case of Penobscot Air Services, Ltd. v. Federal Aviation Administration (164...

Discretionary Function Exception Under FTCA: Analysis of Shansky v. United States

Date: Jan 9, 1999

Discretionary Function Exception Under FTCA: Analysis of Shansky v. United States Introduction Nettie Shansky v. United States of America, 164 F.3d 688 (1st Cir. 1999), is a pivotal case that...

Bankruptcy Code §522 Preempts Massachusetts Homestead Exemption Exceptions

Date: Jan 8, 1999

Bankruptcy Code §522 Preempts Massachusetts Homestead Exemption Exceptions Introduction In the case of Patriot Portfolio, LLC v. Harry W. Weinstein, the United States Court of Appeals for the First...

Defining Employer Status and Personal Liability Under FLSA: Insights from Baystate Staffing v. Herman

Date: Dec 31, 1998

Defining Employer Status and Personal Liability Under FLSA: Insights from Baystate Alternative Staffing, Inc. et al. v. Herman Introduction The case of Baystate Alternative Staffing, Inc., Able Temps...

Federal Trademark Dilution Act: I.P. Lund Trading APS v. Kohler Co.

Date: Dec 23, 1998

Federal Trademark Dilution Act: I.P. Lund Trading APS v. Kohler Co. Introduction The case of I.P. Lund Trading APS and Kroin Inc. v. Kohler Co. and Robern, Inc., adjudicated by the United States...

Discretionary Function Exception Upholds Government Immunity in Workplace Inspection Negligence – Irving v. United States

Date: Dec 19, 1998

Discretionary Function Exception Upholds Government Immunity in Workplace Inspection Negligence – Irving v. United States Introduction In the landmark case Irving v. United States, decided by the...

Protection of Academic Research Materials from Subpoena in Antitrust Litigation

Date: Dec 16, 1998

Protection of Academic Research Materials from Subpoena in Antitrust Litigation Introduction The case of United States v. Microsoft Corporation revolves around Microsoft's attempt to compel the...

Defendant's Entitlement to Attorney's Fees in Frivolous Civil Rights Claims: Analysis of Tang v. State of Rhode Island

Date: Dec 10, 1998

Defendant's Entitlement to Attorney's Fees in Frivolous Civil Rights Claims: Analysis of Tang v. State of Rhode Island Introduction Tang v. State of Rhode Island, Department of Elderly Affairs, 163...

Limitations on Trial Court's Authority to Exclude Scientific Evidence: Ruiz-Troche v. Pepsi Cola of Puerto Rico

Date: Dec 2, 1998

Limitations on Trial Court's Authority to Exclude Scientific Evidence: Ruiz-Troche v. Pepsi Cola of Puerto Rico Introduction The case of Ruiz-Troche v. Pepsi Cola of Puerto Rico Bottling Company, et...

Affirmation of Summary Judgment in ADA Disability Claim: Burden of Proof and Reasonable Accommodation Clarified

Date: Nov 19, 1998

Affirmation of Summary Judgment in ADA Disability Claim: Burden of Proof and Reasonable Accommodation Clarified Introduction The case of Rosemary Feliciano v. State of Rhode Island adjudicated before...

Reinforcing Pleading Standards in Equal Protection §1983 Claims: Judge v. City of Lowell

Date: Nov 19, 1998

Reinforcing Pleading Standards in Equal Protection §1983 Claims: Judge v. City of Lowell Introduction Judge v. City of Lowell, 160 F.3d 67 (1st Cir. 1998), is a significant appellate court decision...

Enhancing Substantial Evidence Standards in Social Security Disability Claims: Insights from Rohrberg v. Apfel

Date: Nov 13, 1998

Enhancing Substantial Evidence Standards in Social Security Disability Claims: Insights from Rohrberg v. Apfel Introduction The case of Jill Rohrberg v. Kenneth S. Apfel, Acting Commissioner, Social...

Affirming the Conversion of Rule 12(c) Motion to Summary Judgment: Collier v. City of Chicopee

Date: Oct 21, 1998

Affirming the Conversion of Rule 12(c) Motion to Summary Judgment: Collier v. City of Chicopee Introduction In the landmark case of Collier v. City of Chicopee, heard by the United States Court of...

Reaffirming Hostile Work Environment and Retaliation Standards under Title VII: Hernández-Torres v. Intercontinental Trading, Inc.

Date: Oct 14, 1998

Reaffirming Hostile Work Environment and Retaliation Standards under Title VII: Hernández-Torres v. Intercontinental Trading, Inc. Introduction In the landmark case of Hernández-Torres, et al. v....

De Facto Arrest in Airport Detention: Acosta-Colon v. United States

Date: Oct 6, 1998

De Facto Arrest in Airport Detention: Acosta-Colon v. United States Introduction Acosta-Colon v. United States is a landmark judgment from the United States Court of Appeals for the First Circuit,...

Strict Enforcement of Discovery Obligations: Trial by Ambush Disallowed in Klonoski v. Mahlab

Date: Sep 24, 1998

Strict Enforcement of Discovery Obligations: Trial by Ambush Disallowed in Klonoski v. Mahlab Introduction The case of Richard F. Klonoski, M.D., et al. v. Benjamin Mahlab, M.D., et al. represents a...

Supplemental Jurisdiction and Permissive Counterclaims: Insights from Iglesias v. MONY

Date: Sep 18, 1998

Supplemental Jurisdiction and Permissive Counterclaims: Insights from Iglesias v. Mutual Life Insurance Co. of New York Introduction The case of Manuel A. Iglesias v. Mutual Life Insurance Company of...

Age Discrimination in Employment: Shorette v. Rite Aid Establishes Rigorous Standards for Evidentiary Support

Date: Sep 16, 1998

Age Discrimination in Employment: Shorette v. Rite Aid Establishes Rigorous Standards for Evidentiary Support Introduction The case of Peter W. Shorette, Sr. v. Rite Aid of Maine, Inc. (155 F.3d 8)...