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  • Commentaries
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1st Circuit Case Commentaries

First Circuit Validates HHS Pre-Deeming of FQHC Providers’ Hospital On‑Call Care and Holds FTCA Accrual Began at Death in Maternal Mortality Case

First Circuit Validates HHS Pre-Deeming of FQHC Providers’ Hospital On‑Call Care and Holds FTCA Accrual Began at Death in Maternal Mortality Case

Date: Sep 12, 2025
First Circuit Validates HHS Pre-Deeming of FQHC Providers’ Hospital On‑Call Care and Holds FTCA Accrual Began at Death in Maternal Mortality Case Introduction In O'Brien v. United States, the First...
“Subdued” Does Not Mean “Handcuffed”: First Circuit Extends the Clearly Established Prohibition on Prone Compression to the Pre-Cuffing Phase

“Subdued” Does Not Mean “Handcuffed”: First Circuit Extends the Clearly Established Prohibition on Prone Compression to the Pre-Cuffing Phase

Date: Sep 11, 2025
“Subdued” Does Not Mean “Handcuffed”: First Circuit Extends the Clearly Established Prohibition on Prone Compression to the Pre-Cuffing Phase Introduction In Miller v. Roycroft, No. 24-1351 (1st Cir....
United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception

United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception

Date: Sep 10, 2025
United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception...
“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions

“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions

Date: Sep 10, 2025
“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions Introduction In...
Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law

Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law

Date: Sep 9, 2025
Per-Claimant Occurrence Controls Known-Loss Exclusion: First Circuit Requires Defense of Class Action Where Post-Inception Damages Are Separate Occurrences Under Massachusetts Law Introduction In...
Agency Implementation of Presidential Orders Remains Reviewable Under the APA Absent a No‑Discretion Mandate: The First Circuit’s Denial of a Stay in Orr v. Trump

Agency Implementation of Presidential Orders Remains Reviewable Under the APA Absent a No‑Discretion Mandate: The First Circuit’s Denial of a Stay in Orr v. Trump

Date: Sep 8, 2025
Agency Implementation of Presidential Orders Remains Reviewable Under the APA Absent a No‑Discretion Mandate: The First Circuit’s Denial of a Stay in Orr v. Trump Introduction This commentary...
Decisionmaker’s Interview Remark About Female Suitability Can Defeat Summary Judgment; Strategic Waiver Limits Babb Protection for Federal ADEA Claims — Commentary on Warner v. DeJoy (1st Cir. 2025)

Decisionmaker’s Interview Remark About Female Suitability Can Defeat Summary Judgment; Strategic Waiver Limits Babb Protection for Federal ADEA Claims — Commentary on Warner v. DeJoy (1st Cir. 2025)

Date: Sep 8, 2025
Decisionmaker’s Interview Remark About Female Suitability Can Defeat Summary Judgment; Strategic Waiver Limits Babb Protection for Federal ADEA Claims — Commentary on Warner v. DeJoy (1st Cir. 2025)...
Independent Military Purpose Shields Army CID Investigations from FTCA Liability; Posse Comitatus Not Violated Absent Pervasive Civilian Law-Enforcement Role

Independent Military Purpose Shields Army CID Investigations from FTCA Liability; Posse Comitatus Not Violated Absent Pervasive Civilian Law-Enforcement Role

Date: Sep 4, 2025
Independent Military Purpose Shields Army CID Investigations from FTCA Liability; Posse Comitatus Not Violated Absent Pervasive Civilian Law-Enforcement Role Introduction In Perales-Muñoz v. United...
Narrowing the “Ignored Evidence” Doctrine and Clarifying Post‑Wilkinson Review: First Circuit in Ortiz Trejo v. Bondi on Exceptional Hardship and BIA’s Evidence Review

Narrowing the “Ignored Evidence” Doctrine and Clarifying Post‑Wilkinson Review: First Circuit in Ortiz Trejo v. Bondi on Exceptional Hardship and BIA’s Evidence Review

Date: Sep 2, 2025
Narrowing the “Ignored Evidence” Doctrine and Clarifying Post‑Wilkinson Review: First Circuit in Ortiz Trejo v. Bondi on Exceptional Hardship and BIA’s Evidence Review Introduction In Ortiz Trejo v....
Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors

Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors

Date: Aug 31, 2025
Monreal/Recinas Are Not Checklists: First Circuit’s Post-Wilkinson Framework for Reviewing Hardship and the Materiality Requirement for Omitted Factors Introduction In Lopez Cano v. Bondi, the First...
First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs

First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs

Date: Aug 31, 2025
First Circuit Conditions Internet-Monitoring Fees on Ability-to-Pay and Clarifies Limits on Ex Parte Sentencing Inputs Case: United States v. Negrón-Cruz Court: U.S. Court of Appeals for the First...
Toward the “Vanishing Point”: First Circuit Clarifies Minimal Weight for Structural Conflicts When Administrators Mitigate Bias and Provide Reasoned Explanations under ERISA — Commentary on Bernitz v. USAble Life

Toward the “Vanishing Point”: First Circuit Clarifies Minimal Weight for Structural Conflicts When Administrators Mitigate Bias and Provide Reasoned Explanations under ERISA — Commentary on Bernitz v. USAble Life

Date: Aug 31, 2025
Toward the “Vanishing Point”: First Circuit Clarifies Minimal Weight for Structural Conflicts When Administrators Mitigate Bias and Provide Reasoned Explanations under ERISA — Commentary on Bernitz...
First Circuit Narrows Duty-to-Defend for Additional Insureds: “Sole-Liability” & Strict-Notice Requirement Under Claims-Made Policies

First Circuit Narrows Duty-to-Defend for Additional Insureds: “Sole-Liability” & Strict-Notice Requirement Under Claims-Made Policies

Date: Aug 26, 2025
First Circuit Narrows Duty-to-Defend for Additional Insureds: “Sole-Liability” & Strict-Notice Requirement Under Claims-Made Policies Introduction In BI 40 LLC v. Ironshore Specialty Insurance Co.,...
“Solely-as-a-Result” Means Exactly That: First Circuit Narrows Additional-Insured Coverage and Reaffirms Strict Notice Duties in Claims-Made Policies

“Solely-as-a-Result” Means Exactly That: First Circuit Narrows Additional-Insured Coverage and Reaffirms Strict Notice Duties in Claims-Made Policies

Date: Aug 26, 2025
“Solely-as-a-Result” Means Exactly That: First Circuit Narrows Additional-Insured Coverage and Reaffirms Strict Notice Duties in Claims-Made Policies Introduction In BI 40 LLC v. Ironshore Specialty...
Registration Does Not Delay Accrual: The Foss Rule on Copyright Limitations in the First Circuit

Registration Does Not Delay Accrual: The Foss Rule on Copyright Limitations in the First Circuit

Date: Aug 25, 2025
“Registration Does Not Delay Accrual” Foss v. Eastern States Exposition (1st Cir. 2025) and the Statute-of-Limitations Clock in Copyright Litigation 1. Introduction Cynthia Alyson Foss, a...

        Extending Buckhannon: The First Circuit Clarifies “Prevailing-Party” Status
        Under Clayton Act §16 in Garavanian v. JetBlue Airways Corp.

Extending Buckhannon: The First Circuit Clarifies “Prevailing-Party” Status Under Clayton Act §16 in Garavanian v. JetBlue Airways Corp.

Date: Aug 25, 2025
Extending Buckhannon: The First Circuit Clarifies “Prevailing-Party” Status Under Clayton Act §16 in Garavanian v. JetBlue Airways Corp. 1. Introduction The United States Court of Appeals for the...
Foreign Providers, Same Channel: First Circuit Holds that
           Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law
           Claims Against Medicare Advantage Organizations

Foreign Providers, Same Channel: First Circuit Holds that Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law Claims Against Medicare Advantage Organizations

Date: Aug 25, 2025
Foreign Providers, Same Channel: First Circuit Holds that Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law Claims Against Medicare Advantage Organizations Introduction Hospital...
Foreign Providers Must Exhaust Medicare Advantage Remedies Before Suing: The First Circuit Speaks in Hospital Quirurgica Del Sur v. Martin's Point Health Care

Foreign Providers Must Exhaust Medicare Advantage Remedies Before Suing: The First Circuit Speaks in Hospital Quirurgica Del Sur v. Martin's Point Health Care

Date: Aug 25, 2025
Foreign Providers Must Exhaust Medicare Advantage Remedies Before Suing: Hospital Quirurgica Del Sur v. Martin's Point Health Care 1. Introduction In Hospital Amerimed Cancún S.A. de C.V. & Hospital...
Extending Absolute Quasi-Judicial Immunity to Court-Appointed Receivers: Commentary on Suny v. KCP Advisory Group, LLC

Extending Absolute Quasi-Judicial Immunity to Court-Appointed Receivers: Commentary on Suny v. KCP Advisory Group, LLC

Date: Aug 25, 2025
Extending Absolute Quasi-Judicial Immunity to Court-Appointed Receivers: Commentary on Suny v. KCP Advisory Group, LLC (1st Cir. 2025) Introduction In Suny v. KCP Advisory Group, LLC, No. 23-1800...
No Sua Sponte Duty to Re-Offer Plea Withdrawal & Minor Supervised-Release Misstatements Do Not Invalidate Guilty Pleas – A Commentary on United States v. Morales-Ortiz

No Sua Sponte Duty to Re-Offer Plea Withdrawal & Minor Supervised-Release Misstatements Do Not Invalidate Guilty Pleas – A Commentary on United States v. Morales-Ortiz

Date: Aug 25, 2025
No Sua Sponte Duty to Re-Offer Plea Withdrawal & Minor Supervised-Release Misstatements Do Not Invalidate Guilty Pleas Commentary on United States v. Morales-Ortiz, 104 F.4th ___ (1st Cir. 2025) 1....
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