Case Comments | Suffolk Law Review

Constitutional Law-Arrest or Impaired Movement Material to Physical Force Seizure Analysis-Brooks v. Gaenzle, 614 F.3d 1213 (10th Cir. 2010), cert. denied, 131 S. Ct.1045 (2011)

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...

Employment Law-Third Circuit Denies ERISA Whistleblower Protection to Employee Discharged After Making Unsolicited Internal Complaint-Edwards v. A.H. Cornell & Son, Inc., 610 F.3d 217 (3d Cir. 2010), cert. denied, 131 S. Ct. 1604 (2011)

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...

Criminal Procedure-The Impact of Marijuana Decriminalization on Searches and Seizures in Massachusetts-Commonwealth v. Cruz, 945 N.E.2d 899 (Mass 2011)

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...

Tort Law-First Circuit Declares Widespread Publicity Triggers Claim Accrual Under Federal Tort Claims Act-Donahue v. United States, 634 F.3d 615 (1st Cir. 2011)

Jan 16, 2012 | Case Comments, Number 1, Print Edition, Volume 45

The Federal Tort Claims Act (FTCA) affords private parties the opportunity to bring suit against the United States for certain types of tortious harm caused by government employees. An FTCA claim generally accrues at the time of injury, but in circumstances where...