1st Circuit Case Commentaries

Affirmation of Qualified Immunity in Justiniano v. Walker: Implications for Supervisory Liability and Use of Force

Date: Jan 20, 2021

Affirmation of Qualified Immunity in Justiniano v. Walker: Implications for Supervisory Liability and Use of Force Introduction The case of Damaris Justiniano, as the personal representative of the...

Affirming Executive Authority in Public Health: Upholding Strict Scrutiny for Interstate Travel Restrictions in Bayley's Campground Inc. v. Mills

Date: Jan 20, 2021

Affirming Executive Authority in Public Health: Upholding Strict Scrutiny for Interstate Travel Restrictions in Bayley's Campground Inc. v. Mills Introduction In the landmark case of Bayley's...

Affirmation of Sentencing Discretion in Utilizing Arrest Records: United States v. Santa-Soler

Date: Jan 15, 2021

Affirmation of Sentencing Discretion in Utilizing Arrest Records: United States v. Santa-Soler Introduction In the appellate case United States of America v. Rafael Antonio Santa-Soler, the United...

Affirmation of Summary Judgment in ADA and Chapter 151B Claims: Brader v. Biogen Inc.

Date: Dec 19, 2020

Affirmation of Summary Judgment in ADA and Chapter 151B Claims: Brader v. Biogen Inc. Introduction In Brader v. Biogen Inc., the United States Court of Appeals for the First Circuit addressed pivotal...

Affirmation of Summary Judgment in Eighth Amendment Deliberate Indifference Claims: Serious Medical Need Requirement

Date: Dec 19, 2020

Affirmation of Summary Judgment in Eighth Amendment Deliberate Indifference Claims: Serious Medical Need Requirement Introduction Franklin B. Abernathy v. Krystal Anderson et al., 984 F.3d 1 (1st...

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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...