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  • Commentaries
  • Judgments

1st Circuit Case Commentaries

The Burgos-Montes Doctrine: Untreated Serious Medical Needs as “Extraordinary and Compelling Reasons” and the Finality of Denials “Without Prejudice” in Compassionate-Release Litigation

The Burgos-Montes Doctrine: Untreated Serious Medical Needs as “Extraordinary and Compelling Reasons” and the Finality of Denials “Without Prejudice” in Compassionate-Release Litigation

Date: Jul 3, 2025
The Burgos-Montes Doctrine: Untreated Serious Medical Needs as “Extraordinary and Compelling Reasons” and the Finality of Denials “Without Prejudice” in Compassionate-Release Litigation Introduction...
But-For Causation and Particularized Pleading Under the FCA & AKS: A Comment on Flanagan v. Fresenius Medical Care Holdings, Inc. (1st Cir. 2025)

But-For Causation and Particularized Pleading Under the FCA & AKS: A Comment on Flanagan v. Fresenius Medical Care Holdings, Inc. (1st Cir. 2025)

Date: Jun 30, 2025
But-For Causation and Particularized Pleading Under the FCA & AKS: A Commentary on Flanagan v. Fresenius Medical Care Holdings, Inc., No. 23-1305 (1st Cir. 2025) 1. Introduction The United States...
First Circuit Clarifies COVID-19 Contract Defenses: Frustration of Purpose Demands Fact-Intensive Inquiry

First Circuit Clarifies COVID-19 Contract Defenses: Frustration of Purpose Demands Fact-Intensive Inquiry

Date: Jun 30, 2025
First Circuit Clarifies COVID-19 Contract Defenses: Frustration of Purpose Demands Fact-Intensive Inquiry Introduction In SMS Financial Recovery Services, LLC v. Samaritan Senior Village, Inc. (1st...
First Circuit Narrows Judicial Review of “Exceptional and Extremely Unusual Hardship” Findings After Wilkinson v. Garland

First Circuit Narrows Judicial Review of “Exceptional and Extremely Unusual Hardship” Findings After Wilkinson v. Garland

Date: Jun 27, 2025
First Circuit Narrows Judicial Review of “Exceptional and Extremely Unusual Hardship” Findings After Wilkinson v. Garland Introduction In Xiquin Xirum v. Bondi, the United States Court of Appeals for...
“Unmistakable Clarity” Required: United States v. Maldonado-Negroni and the Harmless-Error Test for Guideline Miscalculations

“Unmistakable Clarity” Required: United States v. Maldonado-Negroni and the Harmless-Error Test for Guideline Miscalculations

Date: Jun 25, 2025
“Unmistakable Clarity” Required: United States v. Maldonado-Negroni and the Harmless-Error Test for Guideline Miscalculations 1. Introduction United States v. Maldonado-Negroni, No. 23-1768 (1st Cir....

First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees: Commentary on Coco Rico, LLC v. Universal Insurance Co.

First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees: Commentary on Coco Rico, LLC v. Universal Insurance Co.

Date: Jun 23, 2025
First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees Introduction In Coco Rico, LLC v. Universal...

    Coco Rico, LLC v. Universal Insurance Co.: The First Circuit Tightens Evidentiary Standards
    for Consequential Damages and Caps Jury BI & EE Awards to the Proven Loss

Coco Rico, LLC v. Universal Insurance Co.: The First Circuit Tightens Evidentiary Standards for Consequential Damages and Caps Jury BI & EE Awards to the Proven Loss

Date: Jun 23, 2025
Coco Rico, LLC v. Universal Insurance Company (1st Cir. 2025): A Landmark on Evidentiary Rigor for Consequential Damages, Business-Interruption Caps, and “Obstinacy”–Based Fee Awards 1. Introduction...
Limits on Equitable Tolling for Delayed Notice in FLSA Collective Actions: Commentary on Kwoka v. Enterprise Rent-A-Car Co. of Boston, LLC (1st Cir. 2025)

Limits on Equitable Tolling for Delayed Notice in FLSA Collective Actions: Commentary on Kwoka v. Enterprise Rent-A-Car Co. of Boston, LLC (1st Cir. 2025)

Date: Jun 20, 2025
Limits on Equitable Tolling for Delayed Notice in FLSA Collective Actions A Commentary on Kwoka v. Enterprise Rent-A-Car Company of Boston, LLC, 1st Cir., 18 June 2025 1. Introduction The First...

        First Circuit Re-Affirms the “Special Clarity” Rule:  
        Nonsignatories Cannot Compel Arbitration or Invoke Delegation Clauses
        Without an Explicit, Contract-Based Grant of Authority

First Circuit Re-Affirms the “Special Clarity” Rule: Nonsignatories Cannot Compel Arbitration or Invoke Delegation Clauses Without an Explicit, Contract-Based Grant of Authority

Date: Jun 20, 2025
First Circuit Re-Affirms the “Special Clarity” Rule: Nonsignatories Cannot Compel Arbitration or Invoke Delegation Clauses Without an Explicit, Contract-Based Grant of Authority I. Introduction...
The “Orabona Rule”: When Any Determination of Liability or Damages Requires Reference to an ERISA Plan, All Parallel State-Law Termination Claims Are Pre-empted

The “Orabona Rule”: When Any Determination of Liability or Damages Requires Reference to an ERISA Plan, All Parallel State-Law Termination Claims Are Pre-empted

Date: Jun 18, 2025
The “Orabona Rule”: When Any Determination of Liability or Damages Requires Reference to an ERISA Plan, All Parallel State-Law Termination Claims Are Pre-empted Introduction In Orabona v. Santander...
The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged

The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged

Date: Jun 18, 2025
The Oliveras-Villafañe Doctrine: Waiver on Appeal Where an Alternative Ground Goes Unchallenged 1. Introduction Oliveras-Villafañe v. Baxter Healthcare SA, decided by the United States Court of...
Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent

Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent

Date: Jun 11, 2025
Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent 1. Introduction United States v....
United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors

United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors

Date: Jun 11, 2025
United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors Introduction On 9 June 2025 the United States Court of Appeals for the...
First Circuit Affirms APA Reviewability of Mass Agency RIFs and Rejects CSRA Jurisdictional Bar

First Circuit Affirms APA Reviewability of Mass Agency RIFs and Rejects CSRA Jurisdictional Bar

Date: Jun 10, 2025
First Circuit Affirms APA Reviewability of Mass Agency RIFs and Rejects CSRA Jurisdictional Bar Introduction In State of New York v. McMahon, decided June 4, 2025, the United States Court of Appeals...
Judicial Safeguard Against Unlawful Agency Closure Through Mass Terminations

Judicial Safeguard Against Unlawful Agency Closure Through Mass Terminations

Date: Jun 10, 2025
Judicial Safeguard Against Unlawful Agency Closure Through Mass Terminations Introduction The case of State of New York v. McMahon (First Circuit, June 4, 2025) arises from a sweeping reduction in...
Enforcement of Plea Agreement Recommendations and Mitigating-Factor Weighing under § 3553(a): United States v. Meléndez-Rivera

Enforcement of Plea Agreement Recommendations and Mitigating-Factor Weighing under § 3553(a): United States v. Meléndez-Rivera

Date: Jun 10, 2025
Enforcement of Plea Agreement Recommendations and Mitigating-Factor Weighing under § 3553(a): United States v. Meléndez-Rivera Introduction In United States v. Meléndez-Rivera, 22-1665 (1st Cir....
Preserving Discretion in Compassionate Release: Holistic §3553(a) Review in United States v. Vega-Figueroa

Preserving Discretion in Compassionate Release: Holistic §3553(a) Review in United States v. Vega-Figueroa

Date: Jun 10, 2025
Preserving Discretion in Compassionate Release: Holistic §3553(a) Review in United States v. Vega-Figueroa Introduction This commentary examines the First Circuit’s decision in United States v....
Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025)

Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025)

Date: Jun 3, 2025
Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025) Introduction United States v. Pullman is a consolidated appeal of two related...
Circumstantial Proof of Knowledge in Aggravated Identity Theft: United States v. Aceituno

Circumstantial Proof of Knowledge in Aggravated Identity Theft: United States v. Aceituno

Date: Jun 3, 2025
Circumstantial Proof of Knowledge in Aggravated Identity Theft: United States v. Aceituno Introduction United States v. Aceituno (1st Cir. June 2, 2025) addresses the sufficiency of evidence required...
Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch

Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch

Date: Jun 3, 2025
Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch Introduction United States v. Lynch (1st Cir. June 2, 2025) arises from charges against Dana...
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