1st Circuit Case Commentaries

Criminal-Style Jury-Note Handling Applies in Civil Trials; Appellate Deference to Trial Management Absent Preserved Objections

Date: Sep 19, 2026

Criminal-Style Jury-Note Handling Applies in Civil Trials; Appellate Deference to Trial Management Absent Preserved Objections I. Introduction Savage v. City of Springfield (1st Cir. Sept. 16, 2026)...

United States v. Levasseur — “Special Danger of Firearm Misuse” Sustains § 922(g)(1) As-Applied Disarmament Despite Nonviolent Predicate Framing

Date: Sep 19, 2026

United States v. Levasseur — “Special Danger of Firearm Misuse” Sustains § 922(g)(1) As-Applied Disarmament Despite Nonviolent Predicate Framing 1. Introduction In United States v. Levasseur (1st...

Wealth and NDAs Do Not Justify Closing Civil Trials or Proceeding Pseudonymously at Trial: Reaffirming the Presumption of Open Courts

Date: Sep 18, 2026

Wealth and NDAs Do Not Justify Closing Civil Trials or Proceeding Pseudonymously at Trial: Reaffirming the Presumption of Open Courts Case: Doe v. Smith (1st Cir. Sept. 15, 2026) | Court: U.S. Court...

Certification of Rhode Island UM/UIM Coverage for Employees Driving Personal Vehicles in the Scope of Employment

Date: Sep 15, 2026

Certification of Rhode Island UM/UIM Coverage for Employees Driving Personal Vehicles in the Scope of Employment Introduction Roberge v. Travelers Property Casualty Company of America (U.S. Court of...

Linardon v. Walsh (1st Cir. Sept. 11, 2026) — No Implicit Seventh Amendment Jury Waiver from Participation in Rule 65(a)(2)-Style Proceedings Amid Court-Created Confusion

Date: Sep 15, 2026

No Implicit Seventh Amendment Jury Waiver from Participation in Rule 65(a)(2)-Style Proceedings Amid Court-Created Confusion 1. Introduction Case: Linardon v. Walsh, No. 25-1541 (1st Cir. Sept. 11,...

Constructive Possession in a Drug Stash House Triggers § 2D1.1(b)(1) and Bars the § 4C1.1 Zero-Point-Offender Reduction

Date: Sep 15, 2026

Constructive Possession in a Drug Stash House Triggers § 2D1.1(b)(1) and Bars the § 4C1.1 Zero-Point-Offender Reduction Case: United States v. Parsons (1st Cir. Sept. 11, 2026) | Court: U.S. Court of...

Rule 48(a) Dismissals With Prejudice Require a “Patent Threat of Unfairness” to the Defendant; Courts May Not Categorically Condition Removal on Prejudicial Dismissal

Date: Sep 15, 2026

Rule 48(a) Dismissals With Prejudice Require a “Patent Threat of Unfairness” to the Defendant; Courts May Not Categorically Condition Removal on Prejudicial Dismissal Introduction United States v....

Elections Clause “Clear Authorization” Rule: USPS Cannot Regulate Federal Ballot-Mail Procedures Absent Specific Congressional Delegation

Date: Sep 12, 2026

Elections Clause “Clear Authorization” Rule: USPS Cannot Regulate Federal Ballot-Mail Procedures Absent Specific Congressional Delegation Case: League of Women Voters of Massachusetts v. State of...

Elections Clause “Clear Authorization” Rule for USPS Ballot-Mail Regulations (and Post-Hippocratic Organizational Standing for Voter-Education Groups)

Date: Sep 12, 2026

Elections Clause “Clear Authorization” Rule for USPS Ballot-Mail Regulations (and Post-Hippocratic Organizational Standing for Voter-Education Groups) Case: League of Women Voters of Massachusetts v....

Elections Clause Limits on USPS Ballot-Mail Rules Absent Clear Congressional Authorization (and Organizational Standing for Voting-Education Disruption)

Date: Sep 12, 2026

Elections Clause Limits on USPS Ballot-Mail Rules Absent Clear Congressional Authorization (and Organizational Standing for Voting-Education Disruption) 1. Introduction This First Circuit emergency...

Elections Clause Limits on Executive-Agency “Ballot Mail” Rules Absent Clear Congressional Authorization

Date: Sep 12, 2026

Elections Clause Limits on Executive-Agency “Ballot Mail” Rules Absent Clear Congressional Authorization 1. Introduction This First Circuit emergency order arises from consolidated challenges brought...

Handbook Royalty Policies as Implied Contracts: Retroactive Amendments Require Clear Authority and Present Jury Questions

Date: Sep 12, 2026

Handbook Royalty Policies as Implied Contracts: Retroactive Amendments Require Clear Authority and Present Jury Questions Case: Warren v. The Children's Hospital Corporation (1st Cir. Sept. 8, 2026)...

Espinoza Benitez v. Blanche — Deferential Mixed-Question Review of “Exceptional and Extremely Unusual Hardship,” with No Appellate Jurisdiction over Underlying Hardship Facts

Date: Sep 3, 2026

Deferential Mixed-Question Review of “Exceptional and Extremely Unusual Hardship,” with No Appellate Jurisdiction over Underlying Hardship Facts Introduction In Espinoza Benitez v. Blanche (1st Cir....

Conceivable Privacy Rationale Sustains “No-X” Birth-Certificate Policy Under Rational Basis Review

Date: Sep 3, 2026

Conceivable Privacy Rationale Sustains “No-X” Birth-Certificate Policy Under Rational Basis Review Introduction In de la Fuente Díaz v. Gonzalez Colon (1st Cir. Sept. 1, 2026), six nonbinary persons...

McDonald v. United States (1st Cir. Aug. 28, 2026) — Davis § 924(c) General Verdicts Are Reviewed for Brecht Harmless Error (Not the Categorical Approach) and COAs Do Not Lie for Remedy-Choice Complaints Without a Constitutional Hook

Date: Sep 2, 2026

Davis § 924(c) General Verdicts Are Reviewed for Brecht Harmless Error (Not the Categorical Approach) and COAs Do Not Lie for Remedy-Choice Complaints Without a Constitutional Hook 1. Introduction...

Waiver and Invited-Error Limits on the “Malfunction Theory” in Massachusetts Product-Fire Cases

Date: Sep 2, 2026

Waiver and Invited-Error Limits on the “Malfunction Theory” in Massachusetts Product-Fire Cases Case: Citation Insurance Company v. Broan-NuTone LLC Court: United States Court of Appeals for the...

§ 666’s $5,000 “Transactional Element” May Be Proven by the Bribe-Giver’s Valuation Corroborated by Objective Indicia When Both Benefit and Bribe Are Intangible

Date: Sep 2, 2026

§ 666’s $5,000 “Transactional Element” May Be Proven by the Bribe-Giver’s Valuation Corroborated by Objective Indicia When Both Benefit and Bribe Are Intangible Case: United States v. Velez-Ramirez...

Passive Spectator Protest at K–12 Athletic Events: Sanctioning “XX” Wristbands as Viewpoint Discrimination Absent Disruption or Harassment

Date: Aug 28, 2026

Passive Spectator Protest at K–12 Athletic Events: Sanctioning “XX” Wristbands as Viewpoint Discrimination Absent Disruption or Harassment 1. Introduction Fellers v. Kelley (1st Cir. Aug. 26, 2026)...

Remote-Hearing Choice of Law: No Remand Required Where the IJ Provides an Alternative First Circuit Analysis Adopted by the BIA

Date: Aug 26, 2026

Remote-Hearing Choice of Law: No Remand Required Where the IJ Provides an Alternative First Circuit Analysis Adopted by the BIA 1. Introduction Bromfield v. Blanche (1st Cir. Aug. 25, 2026) arises...

Accelerated Termination and Withdrawal of Transition Benefits After a Discrimination Complaint Constitute Actionable Title VII Retaliation on Direct Evidence

Date: Aug 26, 2026

Accelerated Termination and Withdrawal of Transition Benefits After a Discrimination Complaint Constitute Actionable Title VII Retaliation on Direct Evidence 1. Introduction In Russo v. New Hampshire...