1st Circuit Case Commentaries

Fake-Identity “Customers” and Deferred Restitution: Bank Fraud Property Interests Under § 1344(1) and MVRA Jurisdiction

Date: Jul 18, 2026

Fake-Identity “Customers” and Deferred Restitution: Bank Fraud Property Interests Under § 1344(1) and MVRA Jurisdiction I. Introduction In United States v. Omoruyi (1st Cir. July 15, 2026), the First...

Certification on Whether Hotel Beach-Area Contractors Owe Puerto Rico’s Heightened Innkeeper Duty

Date: Jul 18, 2026

Certification on Whether Hotel Beach-Area Contractors Owe Puerto Rico’s Heightened Innkeeper Duty Case: Wilson v. Iguana Sport Services, Corp. (1st Cir. July 15, 2026) Court: United States Court of...

Ambiguous Sentencing Rationale Requires Remand for Clarification When “Association with Convicted Felons” Obstructs Appellate Review

Date: Jul 18, 2026

Ambiguous Sentencing Rationale Requires Remand for Clarification When “Association with Convicted Felons” Obstructs Appellate Review 1. Introduction United States v. Figueroa-Roman is a First Circuit...

Farid v. Trustees of Dartmouth College — Pretext and But-For Causation Standards for Tenure Denials and Independent Research-Misconduct Proceedings

Date: Jul 16, 2026

Pretext and But-For Causation Standards for Tenure Denials and Independent Research-Misconduct Proceedings I. Introduction In Farid v. Trustees of Dartmouth College (1st Cir. July 13, 2026), Amro...

CDC’s Six-Month Dog Import Age Rule Upheld as a § 264(a) “Inspection” Measure (Not a § 265 Import Ban)

Date: Jul 16, 2026

CDC’s Six-Month Dog Import Age Rule Upheld as a § 264(a) “Inspection” Measure (Not a § 265 Import Ban) 1. Introduction Bruno Project Rescue, Inc. v. Centers for Disease Control and Prevention (1st...

Interactive-Process ADA Claims Fail Absent Evidence of a Feasible, Safe Accommodation for Essential Job Communications

Date: Jul 15, 2026

Interactive-Process ADA Claims Fail Absent Evidence of a Feasible, Safe Accommodation for Essential Job Communications Introduction Buccieri v. Brewster Ambulance Service, Inc. (1st Cir. July 13,...

Specialized Military PCB Manufacturing Triggers Federal Officer Removal: “Acting Under” Without “Tight Control” and a Broad Post-2011 “Relating To” Nexus

Date: Jul 15, 2026

Specialized Military PCB Manufacturing Triggers Federal Officer Removal: “Acting Under” Without “Tight Control” and a Broad Post-2011 “Relating To” Nexus Case: Czerno v. General Electric Company, No....

Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a Reasonable Time—Unjustified Delay Bars Jurisdictional Attacks on Default Judgments

Date: Jul 11, 2026

Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a Reasonable Time—Unjustified Delay Bars Jurisdictional Attacks on Default Judgments Introduction In Flaherty v. Amigos Del Mar LTD. (1st Cir....

Good-Faith Exception Denied When Agents Knowingly Search a Different Device Than the Warrant Specifies

Date: Jul 10, 2026

Good-Faith Exception Denied When Agents Knowingly Search a Different Device Than the Warrant Specifies 1. Introduction In United States v. Gonzalez-Arocho (1st Cir. July 9, 2026), the First Circuit...

No Fourth Amendment Privacy in Freenet Opennet Block Requests Logged by “Freenet Roundup”

Date: Jul 9, 2026

No Fourth Amendment Privacy in Freenet Opennet Block Requests Logged by “Freenet Roundup” Introduction United States v. Johnson (1st Cir. July 7, 2026) addresses whether law enforcement conducts a...

Hernandez v. Blanche — Rule 56(d) “Good Cause” Requires Diligent Discovery, and Mixed-Case Retaliation Fails Absent Proof of Pretext for Each Proffered Ground

Date: Jul 9, 2026

Rule 56(d) “Good Cause” Requires Diligent Discovery, and Mixed-Case Retaliation Fails Absent Proof of Pretext for Each Proffered Ground 1. Introduction Case: Hernandez v. Blanche, No. 24-1482 (1st...

Taylor v. Cao: “Unusually Deferential” APA Review Governs BCNR Discharge-Upgrade Denials and Permits Serious Misconduct to Outweigh PTSD Mitigation Under Hagel/Kurta/Wilkie Guidance

Date: Jul 8, 2026

Taylor v. Cao: “Unusually Deferential” APA Review Governs BCNR Discharge-Upgrade Denials and Permits Serious Misconduct to Outweigh PTSD Mitigation Under Hagel/Kurta/Wilkie Guidance 1. Introduction...

“Controlled Substance” in U.S.S.G. § 4B1.2(b) Means CSA-Only: Massachusetts “Cocaine” Convictions Not Predicates if They Cover Ioflupane

Date: Jul 7, 2026

“Controlled Substance” in U.S.S.G. § 4B1.2(b) Means CSA-Only: Massachusetts “Cocaine” Convictions Not Predicates if They Cover Ioflupane I. Introduction In United States v. Rosado Maldonado (1st Cir....

First Circuit Rule: Career-Offender “Controlled Substance” Is Defined by Federal Schedules at Federal Sentencing (Not State Law and Not the Time of the Prior Conviction)

Date: Jul 7, 2026

First Circuit Rule: Career-Offender “Controlled Substance” Is Defined by Federal Schedules at Federal Sentencing (Not State Law and Not the Time of the Prior Conviction) I. Introduction In United...

Dormant Commerce Clause Bars Rhode Island from Enforcing Dealer-Protection Notice/Protest Rights to Block Out-of-State Dealerships

Date: Jul 7, 2026

Dormant Commerce Clause Bars Rhode Island from Enforcing Dealer-Protection Notice/Protest Rights to Block Out-of-State Dealerships 1. Introduction In Rhode Island Truck Ctr v. Daimler Trucks North...

First Circuit: APA § 705 Stays and Preliminary Injunctions Require Concrete, Traceable Irreparable Harm to the Movant—Generalized Public-History Harms and Speculation Are Insufficient

Date: Jul 4, 2026

First Circuit: APA § 705 Stays and Preliminary Injunctions Require Concrete, Traceable Irreparable Harm to the Movant—Generalized Public-History Harms and Speculation Are Insufficient I. Introduction...

Religious-Expression Equal-Treatment Mandates in Public-Funded Private Schools Are Facially Nonneutral and Fail Strict Scrutiny

Date: Jul 3, 2026

Religious-Expression Equal-Treatment Mandates in Public-Funded Private Schools Are Facially Nonneutral and Fail Strict Scrutiny Case: St. Dominic Academy v. Makin (1st Cir. July 2, 2026) 1....

Free Exercise Limits on “Religious Expression Parity” in Publicly Funded Private Schools: Crosspoint Church v. Makin

Date: Jul 3, 2026

Free Exercise Limits on “Religious Expression Parity” in Publicly Funded Private Schools: Crosspoint Church v. Makin Court: U.S. Court of Appeals for the First Circuit | Date: July 2, 2026 1....

PROMESA Stay Voidness for OAT Administrative-Fee Takings Claims; Standing Requires a Concrete Attempt to Obtain Court-Held Interest

Date: Jul 3, 2026

PROMESA Stay Voidness for OAT Administrative-Fee Takings Claims; Standing Requires a Concrete Attempt to Obtain Court-Held Interest Case: Hernandez-Castrodad v. Steidel-Figueroa (No. 23-1872) |...

Public Outcry Against a Religious Bidder Is Not Enough: Equal Protection/Free Exercise Claims Require Evidence the Decisionmaker Bowed to Bias (and “Irregularities” Must Be Real)

Date: Jul 2, 2026

Public Outcry Against a Religious Bidder Is Not Enough: Equal Protection/Free Exercise Claims Require Evidence the Decisionmaker Bowed to Bias (and “Irregularities” Must Be Real) I. Introduction...