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  • Commentaries
  • Judgments

1st Circuit Case Commentaries

Expansive Reach of PPIA Preemption over On-Site Distribution Operations: Northwestern Selecta, Inc. v. González-Beiró

Expansive Reach of PPIA Preemption over On-Site Distribution Operations: Northwestern Selecta, Inc. v. González-Beiró

Date: Jul 22, 2025
Expansive Reach of PPIA Preemption over On-Site Distribution Operations: Northwestern Selecta, Inc. v. González-Beiró Introduction In Northwestern Selecta, Inc. v. González-Beiró, the United States...
United States v. Muñoz-Gonzalez: Stipulated-Facts Advocacy & Plain-Error Waiver in Breach-of-Plea Claims

United States v. Muñoz-Gonzalez: Stipulated-Facts Advocacy & Plain-Error Waiver in Breach-of-Plea Claims

Date: Jul 22, 2025
United States v. Muñoz-Gonzalez: Stipulated-Facts Advocacy & Plain-Error Waiver in Breach-of-Plea Claims Introduction United States v. Muñoz-Gonzalez, No. 22-1423 (1st Cir. July 17 2025), addresses...
Alay v. Bondi: Clarifying “Individualized Assessment” and Evidence Review under the
            Exceptional-and-Extremely-Unusual-Hardship Standard

Alay v. Bondi: Clarifying “Individualized Assessment” and Evidence Review under the Exceptional-and-Extremely-Unusual-Hardship Standard

Date: Jul 22, 2025
Alay v. Bondi: Clarifying “Individualized Assessment” and Evidence Review under the Exceptional-and-Extremely-Unusual-Hardship Standard 1. Introduction On 16 July 2025 the United States Court of...

        United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations

United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations

Date: Jul 15, 2025
United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations Introduction In United States v....
“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences (Commentary on United States v. Flores-Nater, 2025)

“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences (Commentary on United States v. Flores-Nater, 2025)

Date: Jul 15, 2025
“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences A Comprehensive Commentary on United States v. Flores-Nater,...
First Circuit Extends Rule 32.1 Confrontation Rights to the Entire Revocation Process – United States v. Garcia-Oquendo

First Circuit Extends Rule 32.1 Confrontation Rights to the Entire Revocation Process – United States v. Garcia-Oquendo

Date: Jul 15, 2025
First Circuit Extends Rule 32.1 Confrontation Rights to the Entire Revocation Process – United States v. Garcia-Oquendo 1. Introduction The First Circuit’s decision in United States v. Garcia-Oquendo...
“Silent Standards, Loud Deference” – The First Circuit’s Re-affirmation of Highly Deferential Review in Cancellation-of-Removal Hardship Cases (Goncalves Leao v. Bondi, 1st Cir. 2025)

“Silent Standards, Loud Deference” – The First Circuit’s Re-affirmation of Highly Deferential Review in Cancellation-of-Removal Hardship Cases (Goncalves Leao v. Bondi, 1st Cir. 2025)

Date: Jul 15, 2025
“Silent Standards, Loud Deference” – The First Circuit’s Re-affirmation of Highly Deferential Review in Cancellation-of-Removal Hardship Cases Goncalves Leao v. Bondi, No. 24-1239 (1st Cir. July 14,...
First Circuit Invalidates Maine’s “5% Foreign-Ownership” Election-Spending Ban: Central Maine Power v. Maine Commission on Governmental Ethics (2025)

First Circuit Invalidates Maine’s “5% Foreign-Ownership” Election-Spending Ban: Central Maine Power v. Maine Commission on Governmental Ethics (2025)

Date: Jul 12, 2025
First Circuit Invalidates Maine’s “5% Foreign-Ownership” Election-Spending Ban Central Maine Power Co. v. Maine Commission on Governmental Ethics & Election Practices, No. 24-1265 (1st Cir. 2025) 1....
Clarifying the Four-Part Mitigating Role Analysis Under U.S.S.G. § 3B1.2 – Commentary on United States v. Ceballos (1st Cir. 2025)

Clarifying the Four-Part Mitigating Role Analysis Under U.S.S.G. § 3B1.2 – Commentary on United States v. Ceballos (1st Cir. 2025)

Date: Jul 10, 2025
Clarifying the Four-Part Mitigating Role Analysis Under U.S.S.G. § 3B1.2 Comprehensive Commentary on United States v. Ceballos, No. 23-1610 (1st Cir. 2025) Introduction The First Circuit’s decision...
Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump

Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump

Date: Jul 5, 2025
Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump Introduction On 3 July 2025, the United States Court of Appeals for the...
United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims

United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims

Date: Jul 5, 2025
United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims 1. Introduction The First Circuit’s decision in United...
Extending the “Ready-Willing-Able” Doctrine to Commercial Sales Commissions: Commentary on Moncada Alaniz v. Bay Promo, LLC (1st Cir. 2025)

Extending the “Ready-Willing-Able” Doctrine to Commercial Sales Commissions: Commentary on Moncada Alaniz v. Bay Promo, LLC (1st Cir. 2025)

Date: Jul 3, 2025
Extending the “Ready-Willing-Able” Doctrine to Commercial Sales Commissions A Comprehensive Commentary on Moncada Alaniz v. Bay Promo, LLC, 1st Cir. 2025 1. Introduction The COVID-19 pandemic...
Commission Entitlement Survives Buyer Non-Payment When Seller’s Own Breach Scuttles the Deal: First Circuit Extends Florida’s “Ready, Willing, and Able” Doctrine Beyond Real-Estate Brokerage

Commission Entitlement Survives Buyer Non-Payment When Seller’s Own Breach Scuttles the Deal: First Circuit Extends Florida’s “Ready, Willing, and Able” Doctrine Beyond Real-Estate Brokerage

Date: Jul 3, 2025
Commission Entitlement Survives Buyer Non-Payment When Seller’s Own Breach Scuttles the Deal: First Circuit Extends Florida’s “Ready, Willing, and Able” Doctrine Beyond Real-Estate Brokerage...
“No Bootstrap through Mathis” – The First Circuit Narrows Johnson II Relief in United States v. Capozzi

“No Bootstrap through Mathis” – The First Circuit Narrows Johnson II Relief in United States v. Capozzi

Date: Jul 3, 2025
“No Bootstrap through Mathis” – The First Circuit Narrows Johnson II Relief in United States v. Capozzi 1. Introduction United States v. Capozzi, No. 22-1243 (1st Cir. July 2, 2025) clarifies the...
“No Substance, No Violation” – The First Circuit Confirms that Replacing Pseudonyms with Actual Victim Names Is a Permissible Formal Amendment (United States v. De Souza Prado, 1st Cir. 2025)

“No Substance, No Violation” – The First Circuit Confirms that Replacing Pseudonyms with Actual Victim Names Is a Permissible Formal Amendment (United States v. De Souza Prado, 1st Cir. 2025)

Date: Jul 3, 2025
“No Substance, No Violation” – The First Circuit Confirms that Replacing Pseudonyms with Actual Victim Names Is a Permissible Formal Amendment Commentary on United States v. De Souza Prado, 93 F.4th...
“Co-Conspirator Liability and Cooperative-Witness Authentication” — A Comment on United States v. Reyes-Rosario (1st Cir. 2025)

“Co-Conspirator Liability and Cooperative-Witness Authentication” — A Comment on United States v. Reyes-Rosario (1st Cir. 2025)

Date: Jul 3, 2025
“Co-Conspirator Liability and Cooperative-Witness Authentication” Commentary on United States v. Reyes-Rosario, 79 F.4th ___ (1st Cir. 2025) I. Introduction United States v. Reyes-Rosario is a...
First Circuit Holds that Maine Dealers Act § 1173 Does Not Abrogate Res Judicata Effect of Motor Vehicle Franchise Board Orders – Commentary on Better Way Ford, LLC v. Ford Motor Company

First Circuit Holds that Maine Dealers Act § 1173 Does Not Abrogate Res Judicata Effect of Motor Vehicle Franchise Board Orders – Commentary on Better Way Ford, LLC v. Ford Motor Company

Date: Jul 3, 2025
“Prima Facie” ≠ “Only”: The First Circuit Confirms That § 1173 of the Maine Dealers Act Does Not Bar the Res Judicata Effect of Franchise Board Decisions I. Introduction Better Way Ford, LLC v. Ford...
Affidavit of Sale as Constructive Notice: Tran v. Citizens Bank, N.A.

Affidavit of Sale as Constructive Notice: Tran v. Citizens Bank, N.A.

Date: Jul 3, 2025
Affidavit of Sale as Constructive Notice: First Circuit Confirms Extinguishment of Equity of Redemption Cannot Be Avoided under §544(a)(3) I. Introduction In Tran v. Citizens Bank, N.A., No. 24-1101...
Heightened Evidentiary Requirement for § 666 “Benefits”: A Commentary on United States v. Evans (1st Cir. 2025)

Heightened Evidentiary Requirement for § 666 “Benefits”: A Commentary on United States v. Evans (1st Cir. 2025)

Date: Jul 3, 2025
Heightened Evidentiary Requirement for 18 U.S.C. § 666 “Benefits”: A Comprehensive Commentary on United States v. Evans, 92 F.4th ___ (1st Cir. 2025) I. Introduction The First Circuit’s decision in...
Rodrigues da Silva v. Silveira da Silva – First Circuit Adopts a Holistic Totality-of-the-Circumstances Test for the “Now Settled” Defense under the Hague Convention

Rodrigues da Silva v. Silveira da Silva – First Circuit Adopts a Holistic Totality-of-the-Circumstances Test for the “Now Settled” Defense under the Hague Convention

Date: Jul 3, 2025
Rodrigues da Silva v. Silveira da Silva – First Circuit Adopts a Holistic Totality-of-the-Circumstances Test for the “Now Settled” Defense under the Hague Convention 1. Introduction In Rodrigues da...
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