1st Circuit Case Commentaries

Pleading Retaliation Requires Employer Knowledge of Discrimination-Related Activity

Date: Nov 5, 2026

Pleading Retaliation Requires Employer Knowledge of Discrimination-Related Activity Case: Grygiel v. HealthEquity, Inc., No. 25-2109 Court: United States Court of Appeals for the First Circuit...

Pilot Associations’ Liability for Navigational Negligence Requires Control, Not Merely an Employment Relationship

Date: Nov 4, 2026

Pilot Associations’ Liability for Navigational Negligence Requires Control, Not Merely an Employment Relationship Case: Codan Forsikring A/S v. Bogus, No. 25-1770 Court: United States Court of...

Political-Patronage Qualified Immunity Is Objective, but Appeals Must Respect Assumed Facts

Date: Nov 4, 2026

Political-Patronage Qualified Immunity Is Objective, but Appeals Must Respect Assumed Facts Case: Ortiz-Resto v. Rivera-Schatz Court: United States Court of Appeals for the First Circuit Decision:...

School Vaccination Mandates and Parental Free Exercise: Emerging Precedent Alone Does Not Justify an Injunction Pending Appeal

Date: Nov 4, 2026

School Vaccination Mandates and Parental Free Exercise: Emerging Precedent Alone Does Not Justify an Injunction Pending Appeal Case: We the Patriots USA, Inc. v. Makin Court: United States Court of...

Higher Representation Costs Alone Do Not Establish Lawyers’ Standing to Challenge Immigration Disclosure Practices

Date: Oct 31, 2026

Higher Representation Costs Alone Do Not Establish Lawyers’ Standing to Challenge Immigration Disclosure Practices Case: Greater Boston Legal Services v. U.S. Dep't of Homeland Security Court: United...

United States v. Newton: Informed Self-Representation and Ground-Specific Preservation of Appellate Challenges

Date: Oct 31, 2026

United States v. Newton: Informed Self-Representation and Ground-Specific Preservation of Appellate Challenges Court: United States Court of Appeals for the First Circuit Decision date: October 29,...

State Law, Not the Federal Filed Rate Doctrine, Governs Challenges to Massachusetts-Approved Auto Insurance Rates

Date: Oct 29, 2026

State Law, Not the Federal Filed Rate Doctrine, Governs Challenges to Massachusetts-Approved Auto Insurance Rates Case: Wright v. United Services Automobile Association Court: United States Court of...

Maine’s Foreclosure-Notice Protections Extend to Matured Loans and Judicially Established Equitable Mortgagors

Date: Oct 28, 2026

Maine’s Foreclosure-Notice Protections Extend to Matured Loans and Judicially Established Equitable Mortgagors Case: U.S. Bank Trust, N.A. v. Bowden Court: United States Court of Appeals for the...

Rule 403 and Voir Dire Limit the Use of Homicide Charges to Prove Flight Motive

Date: Oct 25, 2026

Rule 403 and Voir Dire Limit the Use of Homicide Charges to Prove Flight Motive Case: United States v. Barros Brandao, No. 25-1486 Court: United States Court of Appeals for the First Circuit Decided:...

Coconspirator Statements and Cumulative Error: Record-Supported Admission and Overwhelming Independent Evidence Sustain Conspiracy Convictions

Date: Oct 25, 2026

Coconspirator Statements and Cumulative Error: Record-Supported Admission and Overwhelming Independent Evidence Sustain Conspiracy Convictions Case: United States v. Millan-Machuca, Nos. 20-1275,...

Coconspirator Statements and Cumulative Harmlessness: Corroboration and Independent Evidence Sustain Conspiracy Convictions

Date: Oct 25, 2026

Coconspirator Statements and Cumulative Harmlessness: Corroboration and Independent Evidence Sustain Conspiracy Convictions Case: United States v. Quinones-Santiago, Nos. 20-1275, 20-1276, 20-1283...

Assumed Coconspirator-Statement Errors Do Not Require Reversal Without Individual or Cumulative Prejudice

Date: Oct 24, 2026

Assumed Coconspirator-Statement Errors Do Not Require Reversal Without Individual or Cumulative Prejudice Case: United States v. Rosario-Orangel Court: United States Court of Appeals for the First...

Foreseeable Pleading Risks and SEC Disclosures: Limits on Amendment and Delayed Securities-Fraud Claims

Date: Oct 24, 2026

Foreseeable Pleading Risks and SEC Disclosures: Limits on Amendment and Delayed Securities-Fraud Claims Case: MW Gestion v. 1Globe Capital LLC Court: United States Court of Appeals for the First...

Form 1099-C Does Not Itself Cancel Mortgage Debt or Override Conditional Forgiveness Terms

Date: Oct 23, 2026

Form 1099-C Does Not Itself Cancel Mortgage Debt or Override Conditional Forgiveness Terms Case: Dworman v. PHH Mortgage Services, No. 25-1407 Court: United States Court of Appeals for the First...

Conditional Deportation Warnings Do Not Necessarily Bar Coram Nobis Relief for Affirmative Immigration Misadvice

Date: Oct 17, 2026

Conditional Deportation Warnings Do Not Necessarily Bar Coram Nobis Relief for Affirmative Immigration Misadvice Case: Morillo v. United States, No. 25-2027 Court: United States Court of Appeals for...

Stalking and Threats in Asylum Claims: Substantial-Evidence Review and the Threshold for Persecution

Date: Oct 16, 2026

Stalking and Threats in Asylum Claims: Substantial-Evidence Review and the Threshold for Persecution Case: Alvarado-Hernandez v. Blanche, No. 24-1447 Court: United States Court of Appeals for the...

Minor-Role Reductions in Drug Cases: Primary Function Controls, Not Categorical Exclusions

Date: Oct 16, 2026

Minor-Role Reductions in Drug Cases: Primary Function Controls, Not Categorical Exclusions Case: United States v. Vizcaino Vizcaino Court: United States Court of Appeals for the First Circuit...

Appointments Clause Challenges Do Not Expand Habeas Review of Issued Expedited Removal Orders

Date: Oct 15, 2026

Appointments Clause Challenges Do Not Expand Habeas Review of Issued Expedited Removal Orders Case: Alawieh v. Mullin Court: United States Court of Appeals for the First Circuit Date: October 13,...

United States v. Kinrys: Billed Claims May Establish Intended Loss Despite Contracted Reimbursement Rates

Date: Sep 24, 2026

Billed Claims May Establish Intended Loss Despite Contracted Reimbursement Rates United States v. Kinrys · United States Court of Appeals for the First Circuit · September 21, 2026 Introduction...

DiFronzo v. City of Somerville: An Unpleaded Employment Decision Cannot Support Damages Without Amendment or Consent

Date: Sep 24, 2026

An Unpleaded Employment Decision Cannot Support Damages Without Amendment or Consent DiFronzo v. City of Somerville — United States Court of Appeals for the First Circuit, September 21, 2026...