1st Circuit Case Commentaries

State of Rhode Island v. Shell Oil Products Co. et al.: Affirming Remand on Removal Jurisdiction in Climate Change Litigation

Date: May 24, 2022

State of Rhode Island v. Shell Oil Products Co. et al.: Affirming Remand on Removal Jurisdiction in Climate Change Litigation Introduction In the landmark case State of Rhode Island v. Shell Oil...

Affirmation of Dismissal in Ponsa-Rabell v. Santander: Clarifying the Duty to Disclose Material Omissions Under Rule 10b-5

Date: May 21, 2022

Affirmation of Dismissal in Ponsa-Rabell v. Santander: Clarifying the Duty to Disclose Material Omissions Under Rule 10b-5 Introduction The case of JORGE PONSA-RABELL; CARINA PEREZ-CISNEROS...

First Circuit Upholds Enhanced Sentencing for Fraudulent Lease Schemes under USSG §2B1.1: Emphasizing Subjective Intent

Date: May 3, 2022

First Circuit Upholds Enhanced Sentencing for Fraudulent Lease Schemes under USSG §2B1.1: Emphasizing Subjective Intent Introduction In the case of United States of America v. Miguel Francisco...

First Circuit Sets Precedent on Expert Testimony Admissibility under Federal Rules 702 and 26

Date: Apr 30, 2022

First Circuit Sets Precedent on Expert Testimony Admissibility under Federal Rules 702 and 26 Introduction The appellate decision in Meliluz Martínez et al. v. United States, 33 F.4th 20 (2022),...

A First Circuit Analysis on Preliminary Injunctions Against Mandatory COVID-19 Vaccination Policies

Date: Apr 28, 2022

Affirmation of Denial of Preliminary Injunction in the Context of Mandatory COVID-19 Vaccination Policies Introduction In the landmark case Together Employees v. Mass General Brigham, Inc., the...

Barros v. Garland: Reinforcing the Clear-Error Standard in BIA Reviews

Date: Apr 20, 2022

Barros v. Garland: Reinforcing the Clear-Error Standard in BIA Reviews Introduction In the landmark case JOSE PEDRO SANTOS FARIA BARROS v. MERRICK B. GARLAND, decided on April 19, 2022, the United...

Reaffirming Aggravated Identity Theft Application and Guilty Plea Validity in Kitts v. USA

Date: Mar 4, 2022

Reaffirming Aggravated Identity Theft Application and Guilty Plea Validity in Kitts v. USA Introduction Kitts v. United States (27 F.4th 777) is a significant appellate decision rendered by the...

First Circuit Upholds 'Accessory After the Fact' as Aggravated Felony Under INA’s Obstruction of Justice Provision

Date: Mar 1, 2022

First Circuit Upholds 'Accessory After the Fact' as Aggravated Felony Under INA’s Obstruction of Justice Provision Introduction The case of Carlos Monteiro Silva v. Merrick B. Garland, decided on...

Affirmation of Summary Judgment in Fincher v. Town of Brookline: Upholding Equal Protection under § 1983

Date: Feb 19, 2022

Affirmation of Summary Judgment in Fincher v. Town of Brookline: Upholding Equal Protection under § 1983 Introduction Fincher v. Town of Brookline is a significant case adjudicated by the United...

Application of the Good-Faith Exception in Scope Ambiguity: United States v. Pimentel

Date: Feb 18, 2022

Application of the Good-Faith Exception in Scope Ambiguity: United States v. Pimentel Introduction In the case of United States of America v. Kadeem Pimentel, 26 F.4th 86 (1st Cir. 2022), the United...

Affirmation of Dismissal in RICO Claim Due to PSLRA Securities-Fraud Exclusion

Date: Feb 18, 2022

Affirmation of Dismissal in RICO Claim Due to PSLRA Securities-Fraud Exclusion Introduction The case of Sandra Colman Lerner v. Stephen J. Colman et al. revolves around Lerner's attempt to seek...

First Step Act Empowers Individualized Compassionate Release Considerations

Date: Feb 16, 2022

First Step Act Empowers Individualized Compassionate Release Considerations Introduction In the landmark case UNITED STATES of America v. José Ruvalcaba (26 F.4th 14), the United States Court of...

Limiting the Scope of FCRA Preemption: Insights from Consumer Data Industry Association v. Frey

Date: Feb 11, 2022

Limiting the Scope of FCRA Preemption: Insights from Consumer Data Industry Association v. Frey Introduction The case of Consumer Data Industry Association v. Frey addresses the intricate dynamics...

Broad Enforcement of DEA Subpoenas to State PDMPs Confirmed under 21 U.S.C. § 876: Department of Justice v. Ricco Jonas

Date: Jan 28, 2022

Broad Enforcement of DEA Subpoenas to State PDMPs Confirmed under 21 U.S.C. § 876: Department of Justice v. Ricco Jonas Introduction In the landmark case of United States Department of Justice v....

First Circuit Determines MDLEA's Stateless Vessel Provision Contravenes Article I: United States v. Dávila-Reyes and Reyes-Valdivia

Date: Jan 21, 2022

First Circuit Determines MDLEA's Stateless Vessel Provision Contravenes Article I: United States v. Dávila-Reyes and Reyes-Valdivia Introduction In the case of United States of America v. Jeffri...

Establishing Personal Jurisdiction in Trademark Infringement Cases: Motus LLC v. CarData Consultants, Inc.

Date: Jan 19, 2022

Establishing Personal Jurisdiction in Trademark Infringement Cases: Motus LLC v. CarData Consultants, Inc. Introduction Motus, LLC v. CarData Consultants, Inc. is a notable decision by the United...

Expansion of Personal Jurisdiction in FLSA Collective Actions: Waters v. Day & Zimmermann

Date: Jan 14, 2022

Expansion of Personal Jurisdiction in FLSA Collective Actions: Waters v. Day & Zimmermann Introduction The case of John Waters, individually and for others similarly situated, Plaintiff, Appellee, v....

Affirmation of Discretion in Denying Compassionate Release: United States v. Texeira-Nieves

Date: Jan 13, 2022

Affirmation of Discretion in Denying Compassionate Release: United States v. Texeira-Nieves Introduction The case of United States of America v. Saieed Jean Texeira-Nieves addresses the appellate...

First Circuit Expands Lodestar Method: Inclusion of Settlement Negotiations and Related Casework in Attorneys' Fee Awards

Date: Jan 8, 2022

First Circuit Expands Lodestar Method: Inclusion of Settlement Negotiations and Related Casework in Attorneys' Fee Awards Introduction The case of Nelson José Pérez-Sosa v. Merrick B. Garland...

Strong Inference of Scienter in Securities Fraud Claims: First Circuit Reverses Dismissal in Carbonite Inc. Case

Date: Dec 23, 2021

Strong Inference of Scienter in Securities Fraud Claims: First Circuit Reverses Dismissal in Carbonite Inc. Case Introduction The case of Construction Industry and Laborers Joint Pension Trust et al....