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“Cost-Saving Alone Is Not a Rational Basis” – First Circuit Denies Sovereign Immunity and Clarifies Equal Protection Limits on State Disability-Service Allocations 1. Introduction McKenna v. Maine...
“Bivens Survives the Inspector General Act” A Comprehensive Commentary on Arias v. Herzon, No. 23-1618 (1st Cir. 2025) 1. Introduction Arias v. Herzon presented the U.S. Court of Appeals for the...
“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech 1. Introduction In Hussey v. City...
The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions Introduction In State Teachers Retirement System of Ohio v. Charles River...
Beyond Monetary Loss: The First Circuit Confirms Broad Judicial Discretion to Vary Upward When Victim Privacy and Trust Are Eroded Commentary on United States v. Waithe, 85 F.4th ___ (1st Cir. 2025)...
Fine-Tuning Pike: The First Circuit Refines Dormant Commerce Clause Analysis for Local Cruise-Ship Disembarkation Caps 1. Introduction Ass’n to Preserve and Protect Local Livelihoods v. Town of Bar...
“When a Town Draws the Line at the Pier” – The First Circuit’s Refashioning of Pike Balancing and the “Continuous-Flow” Doctrine in Ass’n to Preserve and Protect Local Livelihoods v. Sidman (1st Cir....
Pike Balancing Re-Energised: The First Circuit’s Refocus on Fact-Finding in Dormant Commerce Clause Cases Commentary on Penobscot Bay & River Pilots Ass’n. v. Town of Bar Harbor, Nos. 24-1317 etc....
United States v. Hernandez-Rodriguez: First Circuit Clarifies Reach of the Vertical Collective Knowledge Doctrine in Automobile-Exception Searches 1. Introduction United States v....
“Who Bears the Clock?” – First Circuit Clarifies Burden-Shifting and Tolling in Puerto Rico Medical-Malpractice Actions Cruz-Cedeño v. Vega-Moral, No. 23-1609 (1st Cir. Aug. 8 2025) 1. Introduction...
“Deliberate Indifference in the Box” – The First Circuit’s New Standard on Solitary-Confinement Liability 1. Introduction Cintron v. Bibeault, No. 22-1716 (1st Cir. Aug. 5 2025), marks the most...
United States v. Vick – First Circuit Narrows the “Sole-Investigatory-Motive” Test in Community-Caretaking Impoundments & Inventory Searches Introduction In United States v. Vick, No. 24-1721 (1st...
United States v. Legassa: First Circuit Clarifies Harmless-Error Review of Lay “Legal” Opinions and Reaffirms Broad Trial-Court Discretion under Rules 401 & 403 Introduction In United States v....
United States v. Huertas-Mercado: Pandemic-Era Delays, Successive Indictments, and the Modern Sixth-Amendment Speedy-Trial Balance 1. Introduction United States v. Huertas-Mercado, Nos. 23-1208 &...
Pandemic-Era Speedy-Trial Calculus and Carjacking Mens Rea: A Commentary on United States v. Pizarro-Mercado (1st Cir. 2025) Introduction The First Circuit’s consolidated opinion in United States v....
First Circuit Clarifies “Reasonably Clear Damages” Trigger for Prompt and Fair Settlement Duties Under Massachusetts Chapters 93A & 176D Introduction Appleton v. National Union Fire Insurance Co. of...
“Funds” Encompasses Virtual Currency: First Circuit Rejects Major-Questions Challenge and Affirms Federal Power to Police Unlicensed Bitcoin Transmitters Introduction United States v. Freeman,...
Active Ratification Required: Lavigne v. Great Salt Bay Community School Board Tightens Pleading Standards for Monell Liability 1. Introduction Lavigne v. Great Salt Bay Community School Board, No....
Rivera Samayoa v. Bondi: The First Circuit’s Post-Wilkinson Blueprint for Reviewing “Exceptional and Extremely Unusual Hardship” Findings 1. Introduction In Rivera Samayoa v. Bondi, No. 24-1432 (1st...
“From Silence to Liability” – The First Circuit’s Expansion of Affirmative-Act Liability under the State-Created Danger Doctrine in Doe v. City of Boston 1. Introduction In Doe v. City of Boston, the...