1st Circuit Case Commentaries

SEC v. Sexton (1st Cir. Feb. 19, 2026) Commentary

Date: Feb 22, 2026

NDAA’s 10-Year Disgorgement Limitations Applies Retroactively, While SEC “Obey-the-Law” Injunctions Must Independently Satisfy Rule 65(d) (No Incorporation by Reference) Case: SECURITIES AND EXCHANGE...

SEC v. Veldhuis — Commentary

Date: Feb 22, 2026

SEC v. Veldhuis (1st Cir. Feb. 19, 2026): Retroactive 10-Year Disgorgement, Q-System “Business Records,” and Rule 65(d) Limits on SEC “Obey-the-Law” Injunctions 1. Introduction In SEC v. Veldhuis,...

Cante Mijangos v. Bondi: Waiver of Nexus Challenges in Asylum Petitions—Perfunctory Briefing Forfeits Review

Date: Feb 20, 2026

Cante Mijangos v. Bondi: Waiver of Nexus Challenges in Asylum Petitions—Perfunctory Briefing Forfeits Review Introduction In Cante Mijangos v. Bondi (1st Cir. Feb. 18, 2026), the First Circuit denied...

Khanal v. Bondi: Adverse Credibility Does Not Excuse Ignoring Independent Evidence; Withholding Requires a Purely Objective Assessment

Date: Feb 20, 2026

Khanal v. Bondi: Adverse Credibility Does Not Excuse Ignoring Independent Evidence; Withholding Requires a Purely Objective Assessment Introduction In Khanal v. Bondi (1st Cir. Feb. 18, 2026),...

Emergency-Aid Entry Tied to a Missing Minor’s Digital “Ping,” and Waiver of Public-Trial and Jury-Procedure Claims by Express Non-Objection

Date: Feb 20, 2026

Emergency-Aid Entry Tied to a Missing Minor’s Digital “Ping,” and Waiver of Public-Trial and Jury-Procedure Claims by Express Non-Objection 1. Introduction In United States v. Rowell (1st Cir. Feb....

Alicea v. Cincinnati Incorporated — Triable Design-Defect Claim Where Expert Identifies Feasible Alternative Safeguards; Speculation Cannot Prove Causation for Missing-Guard Theories

Date: Feb 8, 2026

Alicea v. Cincinnati Incorporated — Triable Design-Defect Claim Where Expert Identifies Feasible Alternative Safeguards; Speculation Cannot Prove Causation for Missing-Guard Theories 1. Introduction...

Hebert v. Donahue: FEGLIA “Signed-and-Witnessed” Rule Prevails Over Form Omissions and Agency Rejection

Date: Feb 7, 2026

Hebert v. Donahue: FEGLIA “Signed-and-Witnessed” Designations Remain Valid Despite Unchecked Form Sections and HR Rejection (and Capacity Challenges Require Medical Proof) I. Introduction Hebert v....

Forum-Tagged Listing Volume as Evidence of Purposeful Availment for Online Marketplaces

Date: Feb 7, 2026

Forum-Tagged Listing Volume Can Establish “Purposeful Availment” for a Nationwide Website—Even When Basic Site Features Alone Cannot Case: Stokinger v. Armslist, LLC (1st Cir. Feb. 5, 2026) Court:...

Implied Attorney–Client Relationship in Joint Patent Prosecution & Jury-Driven Accrual for Malpractice Discovery

Date: Feb 4, 2026

Implied Attorney–Client Relationship in Joint Patent Prosecution & Jury-Driven Accrual for Malpractice Discovery Case: BlueRadios, Inc. v. Hamilton, Brook, Smith & Reynolds, P.C. (1st Cir. Feb. 2,...

Witness Tampering as Fraud on the Court: First Circuit Affirms Dismissal as a Terminal Sanction

Date: Feb 3, 2026

Witness Tampering as Fraud on the Court: First Circuit Affirms Dismissal as a Terminal Sanction Case: Gonzalez Tomasini v. Steiner (captioned against Louis DeJoy, Postmaster, and the United States...

DeAngelis v. Hasbro, Inc.: Pleading-Stage Plausibility for Vaccine-Policy Religious Retaliation and Discrimination Based on Timing, Cumulative Adversity, and Pretext

Date: Jan 31, 2026

Pleading-Stage Plausibility for Vaccine-Policy Religious Retaliation and Discrimination Based on Timing, Cumulative Adversity, and Pretext Introduction DeAngelis v. Hasbro, Inc. (1st Cir. Jan. 29,...

Oral Settlement Agreements Recited on the Record Are Enforceable; No Evidentiary Hearing Absent a Genuine Factual Dispute; Refusal to Sign Warrants Rule 41(b) Dismissal

Date: Jan 31, 2026

Oral Settlement Agreements Recited on the Record Are Enforceable; No Evidentiary Hearing Absent a Genuine Factual Dispute; Refusal to Sign Warrants Rule 41(b) Dismissal Introduction In Maccarone v....

Money-Laundering Conspiracy Sentencing: Underlying-Offense Base Level Controls and USSG §2S1.1 Note 3(C) Is Limited to §2S1.1(a)(2)

Date: Jan 31, 2026

Money-Laundering Conspiracy Sentencing: Underlying-Offense Base Level Controls and USSG §2S1.1 Note 3(C) Is Limited to §2S1.1(a)(2) Case: United States v. Abbas (1st Cir. Jan. 29, 2026) Court: United...

Doe v. City of Boston: Retaliation Requires But-For Causation, Decisionmaker Knowledge, and More Than Authorized or Legally Compelled Record Disclosures

Date: Jan 29, 2026

Doe v. City of Boston: Title VII Retaliation Requires But-For Causation and Decisionmaker Knowledge; Authorized or Legally Compelled Record Disclosures Do Not Suffice Absent Evidence of Deviation I....

United States v. Camillo — Corroborated Hearsay and Marital Privilege Satisfy Rule 32.1 in Supervised-Release Revocations

Date: Jan 29, 2026

Corroborated Hearsay + Marital Privilege as “Interest of Justice” Good Cause Under Rule 32.1(b)(2)(C) in Supervised-Release Revocations Case: United States v. Camillo (No. 25-1472) | Court: U.S....

Post-Rahimi Constitutionality of 18 U.S.C. § 922(g)(9) and the Irrelevance of “I Thought It Was Legal” Evidence Under Rehaif

Date: Jan 29, 2026

Post-Rahimi Constitutionality of 18 U.S.C. § 922(g)(9) and the Irrelevance of “I Thought It Was Legal” Evidence Under Rehaif Commentary on United States v. Minor, U.S. Court of Appeals for the First...

Massachusetts “Open and Gross Lewdness” (§ 16) Is Not a CIMT Absent a Lewd (Sexual) Intent Element

Date: Jan 29, 2026

Massachusetts “Open and Gross Lewdness” (§ 16) Is Not a CIMT Absent a Lewd (Sexual) Intent Element Introduction In Cabral Fortes Tomar v. Bondi (1st Cir. Jan. 23, 2026), the First Circuit reviewed a...

Kolackovsky v. Town of Rockport — Particularized Pleading of Injury Required for Article III Standing in Zoning-Overlay Challenges

Date: Jan 29, 2026

Particularized Pleading of Injury Required for Article III Standing in Zoning-Overlay Challenges (Abutter and Town-Meeting Voter Status Insufficient) 1. Introduction In Kolackovsky v. Town of...

Federal Sovereign Immunity Bars FCA § 3730(h) Retaliation Suits Against Federal Employers

Date: Jan 29, 2026

Federal Sovereign Immunity Bars FCA § 3730(h) Retaliation Suits Against Federal Employers Introduction In UNITED STATES, ex rel. ERIK K. SARGENT v. DOUGLAS A. COLLINS (1st Cir. Jan. 22, 2026), the...

Title VI Does Not Compel Universities to Suppress Protected Political Speech, and Campus Liability Turns on Deliberate Indifference

Date: Jan 28, 2026

Title VI Does Not Compel Universities to Suppress Protected Political Speech, and Campus Liability Turns on Deliberate Indifference Introduction StandWithUs Center for Legal Justice v. MIT returns to...