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  • Commentaries
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1st Circuit Case Commentaries

Nexus, Not Relationship Status: First Circuit Reaffirms Causation Requirement in Domestic Violence–Based Asylum Claims – Commentary on De La Cruz‑Quispe v. Bondi

Nexus, Not Relationship Status: First Circuit Reaffirms Causation Requirement in Domestic Violence–Based Asylum Claims – Commentary on De La Cruz‑Quispe v. Bondi

Date: Dec 6, 2025
Nexus, Not Relationship Status: First Circuit Reaffirms Causation Requirement in Domestic Violence–Based Asylum Claims Commentary on De La Cruz‑Quispe v. Bondi, No. 25‑1421 (1st Cir. Dec. 5, 2025) I....
Rule 67 Deposits, Mootness, and Prevailing-Party Fees: A Commentary on Cruz v. UIA (1st Cir. 2025)

Rule 67 Deposits, Mootness, and Prevailing-Party Fees: A Commentary on Cruz v. UIA (1st Cir. 2025)

Date: Dec 5, 2025
Rule 67 Deposits, Mootness, and Prevailing-Party Fees: A Commentary on Cruz v. UIA (1st Cir. 2025) I. Introduction Cruz v. Unión Independiente Auténtica de los Empleados de la Autoridad de Acueductos...
Dor v. Bondi: Fixing the Relevant Time for “Controlled Substance” Deportability to the Date of Conviction

Dor v. Bondi: Fixing the Relevant Time for “Controlled Substance” Deportability to the Date of Conviction

Date: Dec 3, 2025
Dor v. Bondi: Fixing the Relevant Time for “Controlled Substance” Deportability to the Date of Conviction I. Introduction In Dor v. Bondi, No. 25-1278 (1st Cir. Dec. 1, 2025), the First Circuit...
Physician Orders as a Safe Harbor for Laboratory Scienter under the False Claims Act: Commentary on U.S. ex rel. Omni Healthcare Inc. v. MD Spine Solutions LLC

Physician Orders as a Safe Harbor for Laboratory Scienter under the False Claims Act: Commentary on U.S. ex rel. Omni Healthcare Inc. v. MD Spine Solutions LLC

Date: Dec 3, 2025
Physician Orders as a Safe Harbor for Laboratory Scienter under the False Claims Act Commentary on United States, ex rel. Omni Healthcare Inc. v. MD Spine Solutions LLC (1st Cir. Dec. 1, 2025) I....
United States v. SpineFrontier, Inc.: Limiting Implied Waiver of Corporate Attorney‑Client Privilege When Executives Raise “Involvement‑of‑Counsel” Defenses

United States v. SpineFrontier, Inc.: Limiting Implied Waiver of Corporate Attorney‑Client Privilege When Executives Raise “Involvement‑of‑Counsel” Defenses

Date: Dec 2, 2025
United States v. SpineFrontier, Inc.: Limiting Implied Waiver of Corporate Attorney‑Client Privilege When Executives Raise “Involvement‑of‑Counsel” Defenses Introduction This First Circuit decision...
Restrepo Castano v. Bondi: Partial but “Fruitful” State Protection and the “Unwilling or Unable” Standard in Gang-Based Asylum Claims

Restrepo Castano v. Bondi: Partial but “Fruitful” State Protection and the “Unwilling or Unable” Standard in Gang-Based Asylum Claims

Date: Dec 2, 2025
Restrepo Castano v. Bondi: Partial but “Fruitful” State Protection and the “Unwilling or Unable” Standard in Gang-Based Asylum Claims I. Introduction In Restrepo Castano v. Bondi, No. 24‑2117 (1st...
United States v. Tang: Foreseeability and Proof of Firearm Use in Joint Hobbs Act Robberies Under the U.S. Sentencing Guidelines

United States v. Tang: Foreseeability and Proof of Firearm Use in Joint Hobbs Act Robberies Under the U.S. Sentencing Guidelines

Date: Dec 2, 2025
United States v. Tang: Foreseeability and Proof of Firearm Use in Joint Hobbs Act Robberies Under the U.S. Sentencing Guidelines I. Introduction The First Circuit’s decision in United States v. Tang,...
Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable: Commentary on Jensen v. Rhode Island Cannabis Control Commission (1st Cir. 2025)

Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable: Commentary on Jensen v. Rhode Island Cannabis Control Commission (1st Cir. 2025)

Date: Nov 29, 2025
Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable A Comprehensive Commentary on Jensen v. Rhode Island Cannabis Control Commission,...
“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz

“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz

Date: Nov 29, 2025
“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz I. Introduction In United States v. Medina‑Ortiz, No. 24‑1233 (1st Cir. Nov. 24, 2025), the...
Axis Insurance Co. v. Barracuda Networks, Inc.: Relationship-Based Limits on Equitable Indemnity and Waiver-by-Silence in Cybersecurity Supply Chains

Axis Insurance Co. v. Barracuda Networks, Inc.: Relationship-Based Limits on Equitable Indemnity and Waiver-by-Silence in Cybersecurity Supply Chains

Date: Nov 22, 2025
Axis Insurance Co. v. Barracuda Networks, Inc.: Relationship-Based Limits on Equitable Indemnity and Waiver-by-Silence in Cybersecurity Supply Chains I. Introduction The First Circuit’s decision in...
Gibson Foundation, Inc. v. Norris: Internal “Plan” Emails, Rule 803(3), and Proving Implied Bailment Agreements

Gibson Foundation, Inc. v. Norris: Internal “Plan” Emails, Rule 803(3), and Proving Implied Bailment Agreements

Date: Nov 22, 2025
Gibson Foundation, Inc. v. Norris: Internal “Plan” Emails, Rule 803(3), and Proving Implied Bailment Agreements I. Introduction The First Circuit’s decision in Gibson Foundation, Inc. v. Norris, No....
Presumption of Public Access to EAJA Net‑Worth Exhibits in OSHA Adjudications: Commentary on Riverdale Mills Corp. v. Chavez‑DeRemer

Presumption of Public Access to EAJA Net‑Worth Exhibits in OSHA Adjudications: Commentary on Riverdale Mills Corp. v. Chavez‑DeRemer

Date: Nov 22, 2025
Presumption of Public Access to EAJA Net‑Worth Exhibits in OSHA Adjudications: Commentary on Riverdale Mills Corp. v. Chavez‑DeRemer I. Introduction This commentary analyzes the First Circuit’s...
Commingled PFAS Contamination and the Limits of Disclaimer-Based Avoidance of Federal Officer Removal: Commentary on State of Maine v. 3M Company

Commingled PFAS Contamination and the Limits of Disclaimer-Based Avoidance of Federal Officer Removal: Commentary on State of Maine v. 3M Company

Date: Nov 21, 2025
Commingled PFAS Contamination and the Limits of Disclaimer-Based Avoidance of Federal Officer Removal Commentary on State of Maine v. 3M Company, No. 23‑1709 (1st Cir. Nov. 19, 2025) I. Introduction...
Credibility Disputes, Allegations of Perjury, and Reciprocal Attorney Discipline: Commentary on In re Hughes (1st Cir. 2025)

Credibility Disputes, Allegations of Perjury, and Reciprocal Attorney Discipline: Commentary on In re Hughes (1st Cir. 2025)

Date: Nov 20, 2025
Credibility Disputes, Allegations of Perjury, and Reciprocal Attorney Discipline: Commentary on In re Hughes (1st Cir. 2025) I. Introduction This commentary analyzes the First Circuit’s unpublished...
Thompson v. Wilson: Continuous GPS Tracking of Commercial Lobster Vessels Upheld as a Reasonable Administrative Search Under the Burger Framework

Thompson v. Wilson: Continuous GPS Tracking of Commercial Lobster Vessels Upheld as a Reasonable Administrative Search Under the Burger Framework

Date: Nov 20, 2025
Thompson v. Wilson: Continuous GPS Tracking of Commercial Lobster Vessels Upheld as a Reasonable Administrative Search Under the Burger Framework I. Introduction The First Circuit’s decision in...
Judge‑Initiated Criminal Contempt and the High Bar for Recusal Under § 455(a): United States v. Medoff (1st Cir. 2025)

Judge‑Initiated Criminal Contempt and the High Bar for Recusal Under § 455(a): United States v. Medoff (1st Cir. 2025)

Date: Nov 20, 2025
Judge‑Initiated Criminal Contempt and the High Bar for Recusal Under § 455(a): United States v. Medoff (1st Cir. 2025) I. Introduction United States v. Medoff, No. 24‑1750 (1st Cir. Nov. 18, 2025),...
No Pro Rata Requirement for “Common Enterprise” and Clarified Ponzi-Scheme Loss/Restitution Methodologies: United States v. Maldonado‑Vargas (1st Cir. 2025)

No Pro Rata Requirement for “Common Enterprise” and Clarified Ponzi-Scheme Loss/Restitution Methodologies: United States v. Maldonado‑Vargas (1st Cir. 2025)

Date: Nov 16, 2025
No Pro Rata Requirement for “Common Enterprise” and Clarified Ponzi-Scheme Loss/Restitution Methodologies: United States v. Maldonado‑Vargas (1st Cir. 2025) Introduction United States v....
No Conviction, No Heck: First Circuit Declines to Extend Heck Bar to Massachusetts § 87 Pretrial Probation Dismissals

No Conviction, No Heck: First Circuit Declines to Extend Heck Bar to Massachusetts § 87 Pretrial Probation Dismissals

Date: Nov 11, 2025
No Conviction, No Heck: First Circuit Declines to Extend Heck Bar to Massachusetts § 87 Pretrial Probation Dismissals Introduction In Aprileo v. Clapprood, No. 24-2081 (1st Cir. Nov. 10, 2025), the...
Courts May Enforce Shutdown-Era Benefit Orders by Compelling Full SNAP Funding from Lawful Transfer and Contingency Sources

Courts May Enforce Shutdown-Era Benefit Orders by Compelling Full SNAP Funding from Lawful Transfer and Contingency Sources

Date: Nov 11, 2025
Courts May Enforce Shutdown-Era Benefit Orders by Compelling Full SNAP Funding from Lawful Transfer and Contingency Sources Introduction This appeal arises from an unprecedented posture at the...
Double Deference Shields Strategic Withholding of Psychiatric Testimony under AEDPA: Martinez v. Salisbury (1st Cir. 2025)

Double Deference Shields Strategic Withholding of Psychiatric Testimony under AEDPA: Martinez v. Salisbury (1st Cir. 2025)

Date: Nov 7, 2025
Double Deference Shields Strategic Withholding of Psychiatric Testimony under AEDPA: Martinez v. Salisbury (1st Cir. 2025) Introduction In Martinez v. Salisbury, the First Circuit affirmed the denial...
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