1st Circuit Case Commentaries

Pereira Alves v. Blanche: “Avoiding the Locus” Is Not Internal Relocation; Indirect Family Harm and Non-Menacing Threats Do Not Compel Asylum

Date: Aug 26, 2026

Pereira Alves v. Blanche: “Avoiding the Locus” Is Not Internal Relocation; Indirect Family Harm and Non-Menacing Threats Do Not Compel Asylum 1. Introduction Pereira Alves v. Blanche (1st Cir. Aug....

Pereira Alves v. Blanche — Avoiding a Targeted Household Is Not “Internal Relocation,” and a Relative’s Asylum Grant (Without Findings) Does Not Establish Prima Facie Eligibility

Date: Aug 26, 2026

Avoiding a Targeted Household Is Not “Internal Relocation,” and a Relative’s Asylum Grant (Without Findings) Does Not Establish Prima Facie Eligibility I. Introduction Pereira Alves v. Blanche (1st...

No Evidentiary Hearing in Civil Contempt Absent a Genuine Dispute of Material Fact; Service on Counsel Can Supply Notice for Seizure-Warrant Compliance

Date: Aug 26, 2026

No Evidentiary Hearing in Civil Contempt Absent a Genuine Dispute of Material Fact; Service on Counsel Can Supply Notice for Seizure-Warrant Compliance Case: United States v. Reynoso (No. 25-1328) |...

Catanese v. Curtis — Conclusory Fourth Amendment Claims, Waiver, and Qualified Immunity in Emergency-Aid “Sober Home” Entries

Date: Aug 24, 2026

Catanese v. Curtis — Conclusory Fourth Amendment Claims, Waiver, and Qualified Immunity in Emergency-Aid “Sober Home” Entries 1. Introduction Catanese v. Curtis (1st Cir. Aug. 21, 2026) arose from...

Catanese v. Curtis — Conclusory Fourth Amendment Allegations Cannot Defeat Summary Judgment; Qualified Immunity for Follow-On Emergency-Aid Entries

Date: Aug 24, 2026

Conclusory Fourth Amendment Allegations Cannot Defeat Summary Judgment; Qualified Immunity for Follow-On Emergency-Aid Entries Catanese v. Curtis (1st Cir. Aug. 21, 2026) I. Introduction This case...

Voluntary Dismissal Without Prejudice of Remaining Claims Defeats § 1291 Finality (Even for Appellee Counterclaims)

Date: Aug 24, 2026

Voluntary Dismissal Without Prejudice of Remaining Claims Defeats § 1291 Finality (Even for Appellee Counterclaims) Case: Air-Con, Inc. v. Daikin Applied Latin America, LLC (1st Cir. Aug. 21, 2026)...

Pleading Specific Contractual Promises and “Special Circumstances” to Impose Expanded Duties on Insurance Brokers

Date: Aug 24, 2026

Pleading Specific Contractual Promises and “Special Circumstances” to Impose Expanded Duties on Insurance Brokers Introduction In Galakatos v. Marsh & McLennan Companies, Inc. (1st Cir. Aug. 21,...

Hurley v. Curtis: Conclusory “Continued Search” Claims and Undeveloped Theories Cannot Defeat Summary Judgment; Qualified Immunity Shields Second-Responder Emergency-Aid Entries Absent Clearly Established Limits

Date: Aug 24, 2026

Hurley v. Curtis: Conclusory “Continued Search” Claims and Undeveloped Theories Cannot Defeat Summary Judgment; Qualified Immunity Shields Second-Responder Emergency-Aid Entries Absent Clearly...

Emergency-Aid Overdose Responses: Conclusory Search Allegations Fail and a Second Responding Officer’s Entry Is Not Clearly Unlawful for Qualified-Immunity Purposes

Date: Aug 24, 2026

Emergency-Aid Overdose Responses: Conclusory Search Allegations Fail and a Second Responding Officer’s Entry Is Not Clearly Unlawful for Qualified-Immunity Purposes I. Introduction Skeffington v....

United States v. Bourget: Whitley-Factor Proof of § 242 Willfulness in Prison Excessive-Force Cases and Trial-Court Discretion to Exclude “Training” Videos Under Rules 401/403

Date: Aug 24, 2026

United States v. Bourget: Whitley-Factor Proof of § 242 Willfulness in Prison Excessive-Force Cases and Trial-Court Discretion to Exclude “Training” Videos Under Rules 401/403 Introduction In United...

Nonpayment of Arbitral Filing Fees After AAA Warnings Constitutes FAA § 3 Default/Waiver Decidable by Courts

Date: Aug 21, 2026

Nonpayment of Arbitral Filing Fees After AAA Warnings Constitutes FAA § 3 Default/Waiver Decidable by Courts Introduction In 5-Star General Store v. American Express Company (1st Cir. Aug. 19, 2026),...

Public Trial Protocol Disclosures Negate “Half-Truth” Liability for Safety-Event Statements in Securities Fraud Claims

Date: Aug 21, 2026

Public Trial Protocol Disclosures Negate “Half-Truth” Liability for Safety-Event Statements in Securities Fraud Claims 1. Introduction In Re: Apellis Pharmaceuticals, Inc. Securities Litigation is a...

Defining “Construction and Design of Improvements” Under the Springfield Water Special Act: Fact-Specific PWA Coverage and No Metcalf Incompatibility

Date: Aug 21, 2026

Defining “Construction and Design of Improvements” Under the Springfield Water Special Act: Fact-Specific PWA Coverage and No Metcalf Incompatibility Case: Nicholls v. Veolia Water Contract...

Rule 37 Sanctions and Forfeiture After Remand: Jurisdictional Discovery Over a Relief Defendant Proceeds Absent Timely Objection

Date: Aug 21, 2026

Rule 37 Sanctions and Forfeiture After Remand: Jurisdictional Discovery Over a Relief Defendant Proceeds Absent Timely Objection I. Introduction SEC v. Gastauer (1st Cir. Aug. 19, 2026) arises from...

Temporary Custody Participation Does Not Constitute Hague “Acquiescence”; Habitual Residence Is Fixed at the Date of Wrongful Retention

Date: Aug 21, 2026

Temporary Custody Participation Does Not Constitute Hague “Acquiescence”; Habitual Residence Is Fixed at the Date of Wrongful Retention I. Introduction Giguere v. Tardif (1st Cir. Aug. 17, 2026) is a...

First Circuit: § 6213(a)’s 90-Day Tax Court Filing Deadline Is Nonjurisdictional but Mandatory and Not Equitably Tollable

Date: Aug 21, 2026

First Circuit: § 6213(a)’s 90-Day Tax Court Filing Deadline Is Nonjurisdictional but Mandatory and Not Equitably Tollable 1. Introduction Kyick Holdings, LLC v. Commissioner of Internal Revenue...

Urena v. Travelers: EPL Endorsements Do Not Displace “All Claims” Related-Claims Clauses Absent a True Conflict

Date: Aug 18, 2026

EPL Endorsements Do Not Displace “All Claims” Related-Claims Clauses Absent a True Conflict (and Prior-and-Pending Exclusions Do Not Create Coverage) Introduction In Urena v. Travelers Casualty and...

Cosel v. Wendt (1st Cir. 2026): Federal Courts Should Avoid Unnecessary Erie Predictions on Unsettled Massachusetts Entireties-and-Divorce Creditor Rules; Nonparty May Restrain Enforcement of a Prior Judgment Under Restatement § 76

Date: Aug 18, 2026

Federal Courts Should Avoid Unnecessary Erie Predictions on Unsettled Massachusetts Entireties-and-Divorce Creditor Rules; Nonparty May Restrain Enforcement of a Prior Judgment Under Restatement § 76...

Retaliation-Only Witness Crimes Are Not “Obstruction of Justice” Aggravated Felonies Without Intent to Interfere with Legal Process

Date: Aug 18, 2026

Retaliation-Only Witness Crimes Are Not “Obstruction of Justice” Aggravated Felonies Without Intent to Interfere with Legal Process I. Introduction Bangs v. Blanche (1st Cir. Aug. 11, 2026) addresses...

“Seeking Admission” in INA § 1225(b)(2)(A) Means Seeking Lawful Entry: Noncitizens Who Entered Without Inspection Are Detained Under § 1226(a) With Bond Eligibility

Date: Aug 14, 2026

“Seeking Admission” in INA § 1225(b)(2)(A) Means Seeking Lawful Entry: Noncitizens Who Entered Without Inspection Are Detained Under § 1226(a) With Bond Eligibility 1. Introduction Guerrero Orellana...