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  • Commentaries
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1st Circuit Case Commentaries

First Circuit Reinforces First Amendment Protections for Secret Audio Recording of Police in Public: Interpretation of Massachusetts' Section 99

First Circuit Reinforces First Amendment Protections for Secret Audio Recording of Police in Public: Interpretation of Massachusetts' Section 99

Date: Dec 16, 2020
First Circuit Reinforces First Amendment Protections for Secret Audio Recording of Police in Public: Interpretation of Massachusetts' Section 99 Introduction In the landmark case Project Veritas...
Establishing "But-For" Causation in FCA Retaliation Claims: Coloplast Corp. v. Lestage

Establishing "But-For" Causation in FCA Retaliation Claims: Coloplast Corp. v. Lestage

Date: Dec 10, 2020
Establishing "But-For" Causation in FCA Retaliation Claims: Coloplast Corp. v. Lestage Introduction Coloplast Corporation v. Lestage, adjudicated by the United States Court of Appeals for the First...
Eighth Amendment and Age: Upholding the 18-Year Threshold for Life-Without-Parole Sentences

Eighth Amendment and Age: Upholding the 18-Year Threshold for Life-Without-Parole Sentences

Date: Nov 18, 2020
Eighth Amendment and Age: Upholding the 18-Year Threshold for Life-Without-Parole Sentences Introduction The case of United States of America v. Edwin Gonzalez explores the intersection of age and...
State-Created Danger Doctrine Affirmed in First Circuit: Irish v. Dually

State-Created Danger Doctrine Affirmed in First Circuit: Irish v. Dually

Date: Nov 6, 2020
State-Created Danger Doctrine Affirmed in First Circuit: Irish v. Dually Introduction In Irish v. Dually and as Personal Representative, 979 F.3d 65 (1st Cir. 2020), the United States Court of...
Enhancement Application under U.S.S.G. § 2K2.1(b)(6) in Firearm and Controlled Substance Cases

Enhancement Application under U.S.S.G. § 2K2.1(b)(6) in Firearm and Controlled Substance Cases

Date: Oct 28, 2020
Enhancement Application under U.S.S.G. § 2K2.1(b)(6) in Firearm and Controlled Substance Cases Introduction In the appellate case United States of America v. Jan Emmanuel Reyes-Torres (979 F.3d 1,...
Reinforcing Anti-Kickback Statute through Sham Speaker Programs: Clough v. United States

Reinforcing Anti-Kickback Statute through Sham Speaker Programs: Clough v. United States

Date: Oct 24, 2020
Reinforcing Anti-Kickback Statute through Sham Speaker Programs: Clough v. United States Introduction In United States v. Clough, 978 F.3d 810 (1st Cir. 2020), the United States Court of Appeals for...
Appellate Upholding of Sentencing Discretion: Proper Application of Guidelines and Limiting Prosecutorial Speculation in Bruno-Campos

Appellate Upholding of Sentencing Discretion: Proper Application of Guidelines and Limiting Prosecutorial Speculation in Bruno-Campos

Date: Oct 23, 2020
Appellate Upholding of Sentencing Discretion: Proper Application of Guidelines and Limiting Prosecutorial Speculation in Bruno-Campos Introduction The case of United States of America v. Heri E....
Automobile Exception and Public Safety Exception Upheld in United States v. Simpkins

Automobile Exception and Public Safety Exception Upheld in United States v. Simpkins

Date: Oct 16, 2020
Automobile Exception and Public Safety Exception Upheld in United States v. Simpkins Introduction The case of United States of America v. Robert Simpkins (978 F.3d 1) adjudicated by the United States...
Refining the Discovery Rule in §1983 Claims: First Circuit Vacates Summary Judgment in Ouellette v. Beaupre

Refining the Discovery Rule in §1983 Claims: First Circuit Vacates Summary Judgment in Ouellette v. Beaupre

Date: Oct 8, 2020
Refining the Discovery Rule in §1983 Claims: First Circuit Vacates Summary Judgment in Ouellette v. Beaupre Introduction Case: Lawrence Roland Ouellette v. Roger Beaupre, et al. Court: United States...
Interpretation of "Mineral Products" under Medicare Part D: Akebia Therapeutics v. Azar

Interpretation of "Mineral Products" under Medicare Part D: Akebia Therapeutics v. Azar

Date: Oct 1, 2020
Interpretation of "Mineral Products" under Medicare Part D: Akebia Therapeutics v. Azar Introduction In the appellate case Akebia Therapeutics, Inc. v. Alex Michael Azar, II, Akebia Pharmaceuticals...
Affirmation of Summary Judgment in Henderson v. Massachusetts Bay Transportation Authority: Implications for Racial Discrimination and Retaliation Claims

Affirmation of Summary Judgment in Henderson v. Massachusetts Bay Transportation Authority: Implications for Racial Discrimination and Retaliation Claims

Date: Oct 1, 2020
Affirmation of Summary Judgment in Henderson v. Massachusetts Bay Transportation Authority: Implications for Racial Discrimination and Retaliation Claims Introduction In the case of DARRY MASON...
First Circuit Upholds ICE's Authority to Conduct Civil Arrests in Courthouses

First Circuit Upholds ICE's Authority to Conduct Civil Arrests in Courthouses

Date: Sep 2, 2020
First Circuit Upholds ICE's Authority to Conduct Civil Arrests in Courthouses Introduction In the landmark case Ryan v. U.S. Immigration and Customs Enforcement et al. (974 F.3d 9, 1st Cir. 2020),...
Comprehensive Commentary on United States v. Montijo-Maysonet: Establishing Precedents in Child Enticement and Transportation Laws

Comprehensive Commentary on United States v. Montijo-Maysonet: Establishing Precedents in Child Enticement and Transportation Laws

Date: Sep 2, 2020
Comprehensive Commentary on United States v. Montijo-Maysonet: Establishing Precedents in Child Enticement and Transportation Laws Introduction The case of United States of America v. Byron...
Reaffirming Standing Requirements and Pleading Standards in Securities Litigation: Insights from Wang Yan v. Rewalk Robotics Ltd.

Reaffirming Standing Requirements and Pleading Standards in Securities Litigation: Insights from Wang Yan v. Rewalk Robotics Ltd.

Date: Aug 26, 2020
Reaffirming Standing Requirements and Pleading Standards in Securities Litigation: Insights from Wang Yan v. Rewalk Robotics Ltd. Introduction The case of Wang Yan, Plaintiff, Appellant, et al. v....
Scope of Conditional Guilty Plea Limits Appellate Review: First Circuit Affirms Search Warrants Based on Probable Cause

Scope of Conditional Guilty Plea Limits Appellate Review: First Circuit Affirms Search Warrants Based on Probable Cause

Date: Aug 19, 2020
Scope of Conditional Guilty Plea Limits Appellate Review: First Circuit Affirms Search Warrants Based on Probable Cause Introduction In the realm of criminal jurisprudence, plea agreements serve as...
Establishing Liability Through Civil Rights Conspiracy: Sánchez v. Foley et al.

Establishing Liability Through Civil Rights Conspiracy: Sánchez v. Foley et al.

Date: Aug 19, 2020
Establishing Liability Through Civil Rights Conspiracy: Sánchez v. Foley et al. Introduction In the landmark case of Luis B. Sánchez v. James J. Foley, Michael A. Sweet, and Daniel T. Purtell, the...
Impact of United States v. Davis on the Application of 18 U.S.C. §924(c): A Comprehensive Analysis of Lara and Williams Appeals

Impact of United States v. Davis on the Application of 18 U.S.C. §924(c): A Comprehensive Analysis of Lara and Williams Appeals

Date: Aug 13, 2020
Impact of United States v. Davis on the Application of 18 U.S.C. §924(c): A Comprehensive Analysis of Lara and Williams Appeals Introduction The case of United States v. Victor Lara, Jr. and Kourtney...
First Circuit Clarifies Standards for Summary Judgment and Deceit Claims in Feliciano-Muñoz v. Rebarber-Ocasio

First Circuit Clarifies Standards for Summary Judgment and Deceit Claims in Feliciano-Muñoz v. Rebarber-Ocasio

Date: Aug 12, 2020
First Circuit Clarifies Standards for Summary Judgment and Deceit Claims in Feliciano-Muñoz v. Rebarber-Ocasio Introduction In the case of Luis A. Feliciano-Muñoz; Air America, Inc. v. Fred J....
Establishing the Deliberate Indifference Standard under Title IX: Doe v. Pawtucket School Department

Establishing the Deliberate Indifference Standard under Title IX: Doe v. Pawtucket School Department

Date: Aug 7, 2020
Establishing the Deliberate Indifference Standard under Title IX: Doe v. Pawtucket School Department Introduction The case of Jane Doe v. Pawtucket School Department revolves around serious...
Strengthening Fourth Amendment Protections: 1st Circuit Reaffirms Limits on Community-Caretaking Exception in Vehicular Seizures

Strengthening Fourth Amendment Protections: 1st Circuit Reaffirms Limits on Community-Caretaking Exception in Vehicular Seizures

Date: Aug 4, 2020
Strengthening Fourth Amendment Protections: 1st Circuit Reaffirms Limits on Community-Caretaking Exception in Vehicular Seizures Introduction In the case of United States of America v. Rafael Antonio...
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