First Circuit: § 6213(a)’s 90-Day Tax Court Filing Deadline Is Nonjurisdictional but Mandatory and Not Equitably Tollable 1. Introduction Kyick Holdings, LLC v. Commissioner of Internal Revenue...
EPL Endorsements Do Not Displace “All Claims” Related-Claims Clauses Absent a True Conflict (and Prior-and-Pending Exclusions Do Not Create Coverage) Introduction In Urena v. Travelers Casualty and...
Federal Courts Should Avoid Unnecessary Erie Predictions on Unsettled Massachusetts Entireties-and-Divorce Creditor Rules; Nonparty May Restrain Enforcement of a Prior Judgment Under Restatement § 76...
Retaliation-Only Witness Crimes Are Not “Obstruction of Justice” Aggravated Felonies Without Intent to Interfere with Legal Process I. Introduction Bangs v. Blanche (1st Cir. Aug. 11, 2026) addresses...
“Seeking Admission” in INA § 1225(b)(2)(A) Means Seeking Lawful Entry: Noncitizens Who Entered Without Inspection Are Detained Under § 1226(a) With Bond Eligibility 1. Introduction Guerrero Orellana...
Non-Debtor Contractors Lack “Person Aggrieved” Standing to Appeal Title III Stay Orders Absent Direct, Creditor-Protective Pecuniary Harm Case: LUMA Energy LLC v. Puerto Rico Dep't of Consumer...
APA Grant-Freeze Litigation: Categorical Pauses Are Reviewable and Likely Arbitrary, but Courts Cannot Order Grant Payments (First Cir. 2026) Case: Woonasquatucket River Watershed Council v. USDA...
Temporary Courthouse Buffer-Zone Appeals Become Moot Upon Trial’s End Absent a Non-Speculative Showing of Recurrence; Vacatur Limited to the Appealed Portion Case: Grant v. Trial Court of the...
Imminent Election-Administration Burdens Confer State Standing and Ripen Pre-Enforcement Challenges to Federal Election Executive Orders 1. Introduction In State of California; et al. v. Donald J....
States Have Standing to Pre-Enforce Election Executive Orders When Imminent Election Deadlines Force Present Planning Costs and Create Credible Enforcement Risks (Stay Denied) Case: State of...
Clear-Statement Limits on INA § 1182(f) “Restrictions” to Impose a $100,000 H‑1B Payment; Agency Implementation of Presidential Directives Ordinarily Remains APA-Reviewable 1. Introduction In State...
Concealment-Based Interdependence Confirms a Single Wire-Fraud Conspiracy; No Appellate Jurisdiction Without a Separate Notice of Appeal for § 3582 Denials (First Circuit) I. Introduction In United...
Rana v. Blanche: Medical Evidence Triggering Matter of M-A-M- Requires a Competency Finding; Credibility Is Not a Substitute Introduction In Rana v. Blanche (1st Cir. July 23, 2026), the United...
Recchia v. Campbell: Capen Controls Facial Second Amendment Challenges to Massachusetts’s Assault-Style Firearm Ban; No Dormant Commerce Clause or Equal-Protection Workaround Court: U.S. Court of...
“Sole Discretion” Still Requires a Reason: “Warranted” Dealer Appointments Need Only a Contract-Objective Rationale, and the Implied Covenant Cannot Add Extra-Contractual Disclosure Duties 1....
Deferred MVRA Restitution Survives Notice of Appeal; Fake-Identity Account Opening and Withdrawals Constitute § 1344(1) Bank Fraud Case: United States v. Omoruyi (1st Cir. July 15, 2026) Panel:...
Ambiguous Sentencing Rationale Requires Limited Remand for Clarification of “Association with Convicted Felons” Case: United States v. Figueroa-Roman (No. 20-1170) Court: Court of Appeals for the...
AEDPA Deference to State Remmer/Fidler Findings: No Per Se Prejudice from Juror’s Post-Trial Claim of Social-Media/Courthouse-Pressure 1. Introduction Adames-Garcia v. Divris (1st Cir. July 14, 2026)...
Fake-Identity Bank Accounts Constitute Bank Fraud Against the Bank; Deferred Restitution Survives a Pending Appeal Case: United States v. Omoruyi (1st Cir. July 15, 2026) Panel: Gelpí, Thompson, and...
Fake-Identity Bank Account Holders Are Not “Customers” Under Shaw: Bank Fraud Proof and Deferred-Restitution Jurisdiction Case: United States v. Omoruyi (1st Cir. July 15, 2026) | Charges: 18 U.S.C....