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  • Commentaries
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1st Circuit Case Commentaries

United States v. Armenteros-Chervoni: Defining Multiplicity Under 18 U.S.C. §§ 1001 & 1791

United States v. Armenteros-Chervoni: Defining Multiplicity Under 18 U.S.C. §§ 1001 & 1791

Date: Mar 21, 2025
United States v. Armenteros-Chervoni: Defining Multiplicity Under 18 U.S.C. §§ 1001 & 1791 Introduction The First Circuit’s decision in United States v. Armenteros-Chervoni clarifies how federal...
New Precedent: Intent-to-Repay Not a Defense to Postal Funds Misappropriation under 18 U.S.C. §§ 1711 and 641

New Precedent: Intent-to-Repay Not a Defense to Postal Funds Misappropriation under 18 U.S.C. §§ 1711 and 641

Date: Mar 20, 2025
New Precedent: Intent-to-Repay Not a Defense to Postal Funds Misappropriation under 18 U.S.C. §§ 1711 and 641 Introduction In United States v. Martínez-Mercado, 1st Cir. No. 23-1067 (Mar. 19, 2025),...
ERISA Preemption Bars State Wrongful Death and Punitive Damages Claims Stemming from Benefit Denials

ERISA Preemption Bars State Wrongful Death and Punitive Damages Claims Stemming from Benefit Denials

Date: Mar 20, 2025
ERISA Preemption Bars State Wrongful Death and Punitive Damages Claims Stemming from Benefit Denials Introduction In Cannon v. Blue Cross and Blue Shield of Massachusetts, Inc., No. 24-1862 (1st Cir....
Mandatory Individualized Hardship Analysis in Cancellation of Removal

Mandatory Individualized Hardship Analysis in Cancellation of Removal

Date: Mar 20, 2025
Mandatory Individualized Hardship Analysis in Cancellation of Removal Introduction Duarte De Martinez v. Bondi, No. 24-1057 (1st Cir. Mar. 19, 2025), addresses the standard for “exceptional and...
Revisiting the Statute of Limitations for Embezzlement: §641 Is Not a Continuing Offense

Revisiting the Statute of Limitations for Embezzlement: §641 Is Not a Continuing Offense

Date: Mar 18, 2025
Revisiting the Statute of Limitations for Embezzlement: §641 Is Not a Continuing Offense Introduction This commentary discusses the recent decision in United States of America v. Kenneth Pontz,...
Clarifying the Burden of Proof in Alienage Determinations: Distinguishing "Clear, Unequivocal, and Convincing" from "Clear and Convincing"

Clarifying the Burden of Proof in Alienage Determinations: Distinguishing "Clear, Unequivocal, and Convincing" from "Clear and Convincing"

Date: Mar 18, 2025
Clarifying the Burden of Proof in Alienage Determinations: Distinguishing "Clear, Unequivocal, and Convincing" from "Clear and Convincing" Introduction The recent decision from the United States...
New Precedent on the Duty of Cure and Maintenance in Maritime Law: Accountability for Untimely and Inadequate Payments

New Precedent on the Duty of Cure and Maintenance in Maritime Law: Accountability for Untimely and Inadequate Payments

Date: Mar 18, 2025
New Precedent on the Duty of Cure and Maintenance in Maritime Law: Accountability for Untimely and Inadequate Payments Introduction The case of Magnus Aadland v. Boat Santa Rita II, Inc. presents a...
American Pipe Tolling and the Limits on Putative Class Certification: A New Precedent in Statute of Limitations for MDL Product Liability Claims

American Pipe Tolling and the Limits on Putative Class Certification: A New Precedent in Statute of Limitations for MDL Product Liability Claims

Date: Mar 18, 2025
American Pipe Tolling and the Limits on Putative Class Certification: A New Precedent in Statute of Limitations for MDL Product Liability Claims Introduction In this landmark decision from the United...
Redefining Standing and the Scope of Universal Injunctions in Citizenship Challenges

Redefining Standing and the Scope of Universal Injunctions in Citizenship Challenges

Date: Mar 14, 2025
Redefining Standing and the Scope of Universal Injunctions in Citizenship Challenges Introduction The recent decision by the United States Court of Appeals for the First Circuit, issued on March 11,...
Clarifying the Mandatory Stay under Section 1659: Balancing ITC Proceedings and District Court Relief

Clarifying the Mandatory Stay under Section 1659: Balancing ITC Proceedings and District Court Relief

Date: Mar 10, 2025
Clarifying the Mandatory Stay under Section 1659: Balancing ITC Proceedings and District Court Relief Introduction The present case, VICOR CORPORATION v. FII USA INC., challenges the district court's...
Affirming the Aggravated Predicate: Defining “Crime of Violence” in Post-Conviction Relief

Affirming the Aggravated Predicate: Defining “Crime of Violence” in Post-Conviction Relief

Date: Mar 6, 2025
Affirming the Aggravated Predicate: Defining “Crime of Violence” in Post-Conviction Relief Introduction The case of Angel Forteza-GARCIA v. UNITED STATES presents a critical examination of how an...
Aggravated Mail Robbery as a Crime of Violence: Reaffirming the Role of the Force Clause under §924(c)

Aggravated Mail Robbery as a Crime of Violence: Reaffirming the Role of the Force Clause under §924(c)

Date: Mar 6, 2025
Aggravated Mail Robbery as a Crime of Violence: Reaffirming the Role of the Force Clause under §924(c) Introduction The present Judgment from the United States Court of Appeals, First Circuit,...
Adherence to Local Rule 56 and the McDonnell Douglas Framework: Affirming Summary Judgment in Discrimination and Retaliation Claims

Adherence to Local Rule 56 and the McDonnell Douglas Framework: Affirming Summary Judgment in Discrimination and Retaliation Claims

Date: Feb 28, 2025
Adherence to Local Rule 56 and the McDonnell Douglas Framework: Affirming Summary Judgment in Discrimination and Retaliation Claims Introduction The case of Carmen Quintana-Dieppa v. Department of...
Affirmation of But-For Causation and the McDonnell Douglas Framework in FCA Retaliation Claims

Affirmation of But-For Causation and the McDonnell Douglas Framework in FCA Retaliation Claims

Date: Feb 28, 2025
Affirmation of But-For Causation and the McDonnell Douglas Framework in FCA Retaliation Claims Introduction In this landmark appeal decided on February 24, 2025, in the United States Court of Appeals...
Redefining Injury‐in‐Fact and Traceability: Embracing Geographic Proximity in Environmental Standing Claims

Redefining Injury‐in‐Fact and Traceability: Embracing Geographic Proximity in Environmental Standing Claims

Date: Feb 24, 2025
Redefining Injury‐in‐Fact and Traceability: Embracing Geographic Proximity in Environmental Standing Claims Introduction The judgment in Conservation Law Foundation, Inc. v. Academy Express, LLC...
But-For Causation as the Standard for FCA Liability under the 2010 AKS Amendment

But-For Causation as the Standard for FCA Liability under the 2010 AKS Amendment

Date: Feb 22, 2025
But-For Causation as the Standard for FCA Liability under the 2010 AKS Amendment Introduction In the case of United States of America v. Regeneron Pharmaceuticals, Inc., the United States Court of...
Packaging Weight Inference and the Presumption of Distribution: New Standards in Supervised Release Violations

Packaging Weight Inference and the Presumption of Distribution: New Standards in Supervised Release Violations

Date: Feb 21, 2025
Packaging Weight Inference and the Presumption of Distribution: New Standards in Supervised Release Violations Introduction The case of United States of America v. Guillermo Vasquez-Landaver...
Legislative Policy and Parental Rights: Shaping Gender Identity Practices in Public Schools

Legislative Policy and Parental Rights: Shaping Gender Identity Practices in Public Schools

Date: Feb 21, 2025
Legislative Policy and Parental Rights: Shaping Gender Identity Practices in Public Schools Introduction This commentary explores a recent United States Court of Appeals decision involving Stephen...
Non‐Physical Sexual Harassment and Equal Protection: New Precedents on Qualified Immunity and School Liability

Non‐Physical Sexual Harassment and Equal Protection: New Precedents on Qualified Immunity and School Liability

Date: Feb 21, 2025
Non‐Physical Sexual Harassment and Equal Protection: New Precedents on Qualified Immunity and School Liability Introduction The case of Adrianna Wadsworth v. Chuck Nguyen, MSAD 40/RSU 40, and Andrew...
Clarifying the Definition of “Motor Vehicle Records” Under the New Hampshire Driver Privacy Act

Clarifying the Definition of “Motor Vehicle Records” Under the New Hampshire Driver Privacy Act

Date: Feb 19, 2025
Clarifying the Definition of “Motor Vehicle Records” Under the New Hampshire Driver Privacy Act Introduction In this consolidated appeal before the United States Court of Appeals for the First...
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