Apr 5, 2012 | Case Comments, Number 2, Print Edition, Volume 45
The Supreme Court of the United States has established that general personal jurisdiction allows a forum to exercise authority over a defendant to adjudicate claims that do not arise from the defendant’s contacts within the forum state. Since the advent of the modern...
Apr 3, 2012 | Case Comments, Number 2, Print Edition, Volume 45
When analyzing a claim under 42 U.S.C § 1983 that the government withheld exculpatory evidence from a criminal defendant, courts typically use the Fifth or Fourteenth Amendment’s due process standard as articulated in the iconic 1963 case of Brady v. Maryland. In...
Jan 17, 2012 | Case Comments, Number 1, Print Edition, Volume 45
The Fourth Amendment of the United States Constitution provides protection for individuals from unreasonable searches and seizures. The Supreme Court and circuit courts alike have repeatedly analyzed the definition and applicability of the word “seizure,” along with...
Jan 17, 2012 | Case Comments, Number 1, Print Edition, Volume 45
The Employee Retirement Income Security Act (ERISA) established certain rights and protections for employee benefit plan participants. In Edwards v. A.H. Cornell & Son, Inc., the Court of Appeals for the Third Circuit considered whether Section 510—ERISA’s...
Jan 17, 2012 | Case Comments, Number 1, Print Edition, Volume 45
Article XIV of the Massachusetts Constitution, like the Fourth Amendment to the United States Constitution, affords individuals the right to be free from unreasonable searches and seizures. Certain searches and seizures, such as an exit order issued to a passenger in...