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1st Circuit Case Commentaries

Clarifying Bribery vs. Honest Services Fraud: University-Account Payments Excluded under §1346 and §666 Conspiracy Liability Reaffirmed

Clarifying Bribery vs. Honest Services Fraud: University-Account Payments Excluded under §1346 and §666 Conspiracy Liability Reaffirmed

Date: May 31, 2025
Clarifying Bribery vs. Honest Services Fraud: University-Account Payments Excluded under §1346 and §666 Conspiracy Liability Reaffirmed Introduction United States v. Vavic is a First Circuit decision...
Federal Credit-Card Statutes Do Not Preempt State Bans on Cash-Discount Pricing

Federal Credit-Card Statutes Do Not Preempt State Bans on Cash-Discount Pricing

Date: May 30, 2025
Federal Credit-Card Statutes Do Not Preempt State Bans on Cash-Discount Pricing Introduction In Asociación de Detallistas de Gasolina de Puerto Rico, Inc. v. Commonwealth of Puerto Rico (1st Cir. May...
Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory

Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory

Date: May 29, 2025
Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory 1. Introduction The First Circuit’s decision in United States v. Rosario-Ramos (No....
Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel

Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel

Date: May 29, 2025
Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel Introduction This case arises on Bruce Anderson’s federal habeas challenge to his Massachusetts...
Remand Pursuant to Settlement Does Not Confer Prevailing-Party Status Under EAJA

Remand Pursuant to Settlement Does Not Confer Prevailing-Party Status Under EAJA

Date: May 29, 2025
Remand Pursuant to Settlement Does Not Confer Prevailing-Party Status Under EAJA Introduction Avdeeva v. Tucker (1st Cir. 2025) addresses whether a plaintiff who brings a § 1447(b) action for failure...
Tacit Conspiratorial Agreements in Sex Trafficking of Minors: Upholding Sufficiency of Circumstantial Evidence

Tacit Conspiratorial Agreements in Sex Trafficking of Minors: Upholding Sufficiency of Circumstantial Evidence

Date: May 29, 2025
Tacit Conspiratorial Agreements in Sex Trafficking of Minors: Upholding Sufficiency of Circumstantial Evidence Introduction United States v. Pires is a landmark First Circuit decision reinforcing the...
Establishing the Comparator for “Excessive Demands” Under the EAJA

Establishing the Comparator for “Excessive Demands” Under the EAJA

Date: May 28, 2025
Establishing the Comparator for “Excessive Demands” Under the EAJA Introduction SEC v. Lemelson is a First Circuit decision clarifying how courts must apply the “excessive demand” provision of the...
Intrastate State-Legal Marijuana Commerce Remains Subject to Federal Regulation Under the Commerce Clause

Intrastate State-Legal Marijuana Commerce Remains Subject to Federal Regulation Under the Commerce Clause

Date: May 28, 2025
Intrastate State-Legal Marijuana Commerce Remains Subject to Federal Regulation Under the Commerce Clause Introduction Canna Provisions, Inc. v. Bondi is a First Circuit decision handed down on May...
Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez

Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez

Date: May 28, 2025
Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez Introduction United States v. Soto-Sanchez, 24-1184 (1st Cir. May 27, 2025), presented the First Circuit...
Narrowing Personal Jurisdiction and Corporate Veil Piercing: Keane v. Expeditors

Narrowing Personal Jurisdiction and Corporate Veil Piercing: Keane v. Expeditors

Date: May 28, 2025
Narrowing Personal Jurisdiction and Corporate Veil Piercing: Keane v. Expeditors Introduction In Keane v. Expeditors International of Washington, Inc., the First Circuit addressed two intertwined...
Assignment Authority and Independent Judgment Establish Supervisory Status Under Section 2(11) of the NLRA

Assignment Authority and Independent Judgment Establish Supervisory Status Under Section 2(11) of the NLRA

Date: May 24, 2025
Assignment Authority and Independent Judgment Establish Supervisory Status Under Section 2(11) of the NLRA Introduction Northeastern University v. National Labor Relations Board, 1st Cir. No....
Assignment Authority and Independent Judgment as Determinative of Supervisory Status under the NLRA – NLRB v. Northeastern University

Assignment Authority and Independent Judgment as Determinative of Supervisory Status under the NLRA – NLRB v. Northeastern University

Date: May 24, 2025
Assignment Authority and Independent Judgment as Determinative of Supervisory Status under the NLRA Introduction The consolidated appeals in NLRB v. Northeastern University (First Cir. 2025) address...
Becky’s Broncos v. Nantucket: Endorsing Medallion Caps Under Dormant Commerce Clause, Antitrust and Due Process Review

Becky’s Broncos v. Nantucket: Endorsing Medallion Caps Under Dormant Commerce Clause, Antitrust and Due Process Review

Date: May 24, 2025
Becky’s Broncos v. Town of Nantucket: Endorsing Medallion Caps Under Dormant Commerce Clause, Antitrust and Due Process Review Introduction Becky’s Broncos, LLC—operated by James Broad and Rebecca...
Extending Pinkerton Liability: Reasonable Foreseeability of a Co-Conspirator’s Discharged Firearm in Drug-Trafficking Conspiracies

Extending Pinkerton Liability: Reasonable Foreseeability of a Co-Conspirator’s Discharged Firearm in Drug-Trafficking Conspiracies

Date: May 24, 2025
Extending Pinkerton Liability: Reasonable Foreseeability of a Co-Conspirator’s Discharged Firearm in Drug-Trafficking Conspiracies 1. Introduction United States v. Basilici, 23-1456 (1st Cir. May 23,...
Goncalves v. Bondi: Clerk‐Receipt Requirement for Timely Petitions for Review Under 8 U.S.C. § 1252(b)(1)

Goncalves v. Bondi: Clerk‐Receipt Requirement for Timely Petitions for Review Under 8 U.S.C. § 1252(b)(1)

Date: May 21, 2025
Goncalves v. Bondi: Clerk‐Receipt Requirement for Timely Petitions for Review Under 8 U.S.C. § 1252(b)(1) Introduction In Goncalves v. Bondi, 24-1511 (1st Cir. May 20, 2025), the First Circuit Court...
Extension of Puerto Rico’s Eleventh Amendment Immunity to the Financial Oversight and Management Board and Waiver Limits under TEPPRA

Extension of Puerto Rico’s Eleventh Amendment Immunity to the Financial Oversight and Management Board and Waiver Limits under TEPPRA

Date: May 20, 2025
Extension of Puerto Rico’s Eleventh Amendment Immunity to the Financial Oversight and Management Board and Waiver Limits under TEPPRA Introduction In Miya Water Projects Netherlands B.V. v. Financial...
Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League

Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League

Date: May 17, 2025
Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League Introduction The First Circuit’s decision in Doe v....
Retaliation Liability for Reasonable Accommodation Requests under M.G.L. c. 151B

Retaliation Liability for Reasonable Accommodation Requests under M.G.L. c. 151B

Date: May 14, 2025
Retaliation Liability for Reasonable Accommodation Requests under M.G.L. c. 151B Introduction Moore v. Industrial Demolition LLC (1st Cir. May 13, 2025) clarifies an important aspect of Massachusetts...
Retaliation for Accommodation Requests: Clarifying Employer Liability under M.G.L. c. 151B

Retaliation for Accommodation Requests: Clarifying Employer Liability under M.G.L. c. 151B

Date: May 14, 2025
Retaliation for Accommodation Requests: Clarifying Employer Liability under M.G.L. c. 151B Introduction The First Circuit’s decision in Moore v. Industrial Demolition LLC, 23-1697 & 23-1703 (1st Cir....
Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments

Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments

Date: May 13, 2025
Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments Introduction The First Circuit’s decision in United States v. Flores‐Álvarez (No. 23-1163, May...
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