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  • Commentaries
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1st Circuit Case Commentaries

Prospective Defunding, Not Punishment: Planned Parenthood v. Kennedy and the Limits of Bill of Attainder & Unconstitutional-Conditions Challenges

Prospective Defunding, Not Punishment: Planned Parenthood v. Kennedy and the Limits of Bill of Attainder & Unconstitutional-Conditions Challenges

Date: Dec 14, 2025
Prospective Defunding, Not Punishment: Planned Parenthood Federation of America, Inc. v. Kennedy and the Limits of Bill of Attainder and Unconstitutional‑Conditions Challenges 1. Introduction The...
Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy

Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy

Date: Dec 14, 2025
Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy I. Introduction In Planned Parenthood Federation...
Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly

Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly

Date: Dec 14, 2025
Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly I. Introduction The First Circuit’s decision in Garrey v. Kelly, No. 21‑1197 (1st Cir. Dec. 12, 2025), sits...
Informal Corporate Arrangements, Defamation Per Se, and Limits on Federal Anti‑Injunction Power: A Commentary on Orkin v. Albert

Informal Corporate Arrangements, Defamation Per Se, and Limits on Federal Anti‑Injunction Power: A Commentary on Orkin v. Albert

Date: Dec 13, 2025
Informal Corporate Arrangements, Defamation Per Se, and Limits on Federal Anti‑Injunction Power: A Commentary on Orkin v. Albert I. Introduction The First Circuit’s decision in Orkin v. Albert, Nos....
Implied Compensation, Conversion of Corporate Funds, and Limits on Federal Anti‑Suit Power: A Commentary on Orkin v. Albert

Implied Compensation, Conversion of Corporate Funds, and Limits on Federal Anti‑Suit Power: A Commentary on Orkin v. Albert

Date: Dec 13, 2025
Implied Compensation, Conversion of Corporate Funds, and Limits on Federal Anti‑Suit Power: A Commentary on Orkin v. Albert I. Introduction Orkin v. Albert, a December 11, 2025 decision of the U.S....
Defamation Per Se, Implied Compensation, and Limits on Federal Anti‑Suit Injunctions: Commentary on Orkin v. Albert (1st Cir. 2025)

Defamation Per Se, Implied Compensation, and Limits on Federal Anti‑Suit Injunctions: Commentary on Orkin v. Albert (1st Cir. 2025)

Date: Dec 13, 2025
Defamation Per Se, Implied Compensation, and Limits on Federal Anti‑Suit Injunctions: Commentary on Orkin v. Albert, 1st Cir. Dec. 11, 2025 I. Introduction Orkin v. Albert is a dense and important...
United States v. Yu: First Circuit Adopts Preponderance Standard for Selective Enforcement and Affirms Trade Secret Conviction

United States v. Yu: First Circuit Adopts Preponderance Standard for Selective Enforcement and Affirms Trade Secret Conviction

Date: Dec 13, 2025
United States v. Yu: First Circuit Adopts Preponderance Standard for Selective Enforcement and Affirms Trade Secret Conviction I. Introduction In United States v. Yu, Nos. 23‑1585 & 24‑1325 (1st Cir....
United States v. Yu: The Preponderance Standard for Selective Enforcement and Trade Secret Protection After Product Release

United States v. Yu: The Preponderance Standard for Selective Enforcement and Trade Secret Protection After Product Release

Date: Dec 13, 2025
United States v. Yu: The Preponderance Standard for Selective Enforcement and Trade Secret Protection After Product Release I. Introduction The First Circuit’s decision in United States v. Yu is...
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...
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