Remand Pursuant to Settlement Does Not Confer Prevailing-Party Status Under EAJA Introduction Avdeeva v. Tucker (1st Cir. 2025) addresses whether a plaintiff who brings a § 1447(b) action for failure...
Tacit Conspiratorial Agreements in Sex Trafficking of Minors: Upholding Sufficiency of Circumstantial Evidence Introduction United States v. Pires is a landmark First Circuit decision reinforcing the...
Establishing the Comparator for “Excessive Demands” Under the EAJA Introduction SEC v. Lemelson is a First Circuit decision clarifying how courts must apply the “excessive demand” provision of the...
Intrastate State-Legal Marijuana Commerce Remains Subject to Federal Regulation Under the Commerce Clause Introduction Canna Provisions, Inc. v. Bondi is a First Circuit decision handed down on May...
Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez Introduction United States v. Soto-Sanchez, 24-1184 (1st Cir. May 27, 2025), presented the First Circuit...
Narrowing Personal Jurisdiction and Corporate Veil Piercing: Keane v. Expeditors Introduction In Keane v. Expeditors International of Washington, Inc., the First Circuit addressed two intertwined...
Assignment Authority and Independent Judgment Establish Supervisory Status Under Section 2(11) of the NLRA Introduction Northeastern University v. National Labor Relations Board, 1st Cir. No....
Assignment Authority and Independent Judgment as Determinative of Supervisory Status under the NLRA Introduction The consolidated appeals in NLRB v. Northeastern University (First Cir. 2025) address...
Becky’s Broncos v. Town of Nantucket: Endorsing Medallion Caps Under Dormant Commerce Clause, Antitrust and Due Process Review Introduction Becky’s Broncos, LLC—operated by James Broad and Rebecca...
Extending Pinkerton Liability: Reasonable Foreseeability of a Co-Conspirator’s Discharged Firearm in Drug-Trafficking Conspiracies 1. Introduction United States v. Basilici, 23-1456 (1st Cir. May 23,...
Goncalves v. Bondi: Clerk‐Receipt Requirement for Timely Petitions for Review Under 8 U.S.C. § 1252(b)(1) Introduction In Goncalves v. Bondi, 24-1511 (1st Cir. May 20, 2025), the First Circuit Court...
Extension of Puerto Rico’s Eleventh Amendment Immunity to the Financial Oversight and Management Board and Waiver Limits under TEPPRA Introduction In Miya Water Projects Netherlands B.V. v. Financial...
Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League Introduction The First Circuit’s decision in Doe v....
Retaliation Liability for Reasonable Accommodation Requests under M.G.L. c. 151B Introduction Moore v. Industrial Demolition LLC (1st Cir. May 13, 2025) clarifies an important aspect of Massachusetts...
Retaliation for Accommodation Requests: Clarifying Employer Liability under M.G.L. c. 151B Introduction The First Circuit’s decision in Moore v. Industrial Demolition LLC, 23-1697 & 23-1703 (1st Cir....
Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments Introduction The First Circuit’s decision in United States v. Flores‐Álvarez (No. 23-1163, May...
Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang Introduction This commentary reviews the Court of Appeals for the First...
Nonretroactive First Step Act Amendments as “Extraordinary and Compelling” Grounds for § 3582(c)(1)(A) Relief Introduction United States v. Cruz-Rivera is a First Circuit decision addressing the...
Refining Williams Act Group Liability and Proxy Misrepresentation Standards in Closed-End Mutual Fund Contests Introduction Tax-Free Fixed Income Fund for Puerto Rico Residents, Inc. and eight...
Mens Rea Requirement and Narrow Tailoring in Judicially Imposed Courthouse Buffer Zones Introduction The First Circuit’s decision in Grant v. Trial Court of the Commonwealth of Massachusetts...