“Unmistakable Clarity” Required: United States v. Maldonado-Negroni and the Harmless-Error Test for Guideline Miscalculations 1. Introduction United States v. Maldonado-Negroni, No. 23-1768 (1st Cir....
First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees Introduction In Coco Rico, LLC v. Universal...
Coco Rico, LLC v. Universal Insurance Company (1st Cir. 2025): A Landmark on Evidentiary Rigor for Consequential Damages, Business-Interruption Caps, and “Obstinacy”–Based Fee Awards 1. Introduction...
Limits on Equitable Tolling for Delayed Notice in FLSA Collective Actions A Commentary on Kwoka v. Enterprise Rent-A-Car Company of Boston, LLC, 1st Cir., 18 June 2025 1. Introduction The First...
First Circuit Re-Affirms the “Special Clarity” Rule: Nonsignatories Cannot Compel Arbitration or Invoke Delegation Clauses Without an Explicit, Contract-Based Grant of Authority I. Introduction...
The “Orabona Rule”: When Any Determination of Liability or Damages Requires Reference to an ERISA Plan, All Parallel State-Law Termination Claims Are Pre-empted Introduction In Orabona v. Santander...
The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged 1. Introduction Oliveras-Villafañe v. Baxter Healthcare SA, decided by the United States Court of...
Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent 1. Introduction United States v....
United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors Introduction On 9 June 2025 the United States Court of Appeals for the...
First Circuit Affirms APA Reviewability of Mass Agency RIFs and Rejects CSRA Jurisdictional Bar Introduction In State of New York v. McMahon, decided June 4, 2025, the United States Court of Appeals...
Judicial Safeguard Against Unlawful Agency Closure Through Mass Terminations Introduction The case of State of New York v. McMahon (First Circuit, June 4, 2025) arises from a sweeping reduction in...
Enforcement of Plea Agreement Recommendations and Mitigating-Factor Weighing under § 3553(a): United States v. Meléndez-Rivera Introduction In United States v. Meléndez-Rivera, 22-1665 (1st Cir....
Preserving Discretion in Compassionate Release: Holistic §3553(a) Review in United States v. Vega-Figueroa Introduction This commentary examines the First Circuit’s decision in United States v....
Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025) Introduction United States v. Pullman is a consolidated appeal of two related...
Circumstantial Proof of Knowledge in Aggravated Identity Theft: United States v. Aceituno Introduction United States v. Aceituno (1st Cir. June 2, 2025) addresses the sufficiency of evidence required...
Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch Introduction United States v. Lynch (1st Cir. June 2, 2025) arises from charges against Dana...
Clarifying Bribery vs. Honest Services Fraud: University-Account Payments Excluded under §1346 and §666 Conspiracy Liability Reaffirmed Introduction United States v. Vavic is a First Circuit decision...
Federal Credit-Card Statutes Do Not Preempt State Bans on Cash-Discount Pricing Introduction In Asociación de Detallistas de Gasolina de Puerto Rico, Inc. v. Commonwealth of Puerto Rico (1st Cir. May...
Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory 1. Introduction The First Circuit’s decision in United States v. Rosario-Ramos (No....
Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel Introduction This case arises on Bruce Anderson’s federal habeas challenge to his Massachusetts...