1st Circuit Case Commentaries

Waiver and Invited-Error Limits on the “Malfunction Theory” in Massachusetts Product-Fire Cases

Date: Sep 2, 2026

Waiver and Invited-Error Limits on the “Malfunction Theory” in Massachusetts Product-Fire Cases Case: Citation Insurance Company v. Broan-NuTone LLC Court: United States Court of Appeals for the...

§ 666’s $5,000 “Transactional Element” May Be Proven by the Bribe-Giver’s Valuation Corroborated by Objective Indicia When Both Benefit and Bribe Are Intangible

Date: Sep 2, 2026

§ 666’s $5,000 “Transactional Element” May Be Proven by the Bribe-Giver’s Valuation Corroborated by Objective Indicia When Both Benefit and Bribe Are Intangible Case: United States v. Velez-Ramirez...

Passive Spectator Protest at K–12 Athletic Events: Sanctioning “XX” Wristbands as Viewpoint Discrimination Absent Disruption or Harassment

Date: Aug 28, 2026

Passive Spectator Protest at K–12 Athletic Events: Sanctioning “XX” Wristbands as Viewpoint Discrimination Absent Disruption or Harassment 1. Introduction Fellers v. Kelley (1st Cir. Aug. 26, 2026)...

Remote-Hearing Choice of Law: No Remand Required Where the IJ Provides an Alternative First Circuit Analysis Adopted by the BIA

Date: Aug 26, 2026

Remote-Hearing Choice of Law: No Remand Required Where the IJ Provides an Alternative First Circuit Analysis Adopted by the BIA 1. Introduction Bromfield v. Blanche (1st Cir. Aug. 25, 2026) arises...

Accelerated Termination and Withdrawal of Transition Benefits After a Discrimination Complaint Constitute Actionable Title VII Retaliation on Direct Evidence

Date: Aug 26, 2026

Accelerated Termination and Withdrawal of Transition Benefits After a Discrimination Complaint Constitute Actionable Title VII Retaliation on Direct Evidence 1. Introduction In Russo v. New Hampshire...

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...