1st Circuit Case Commentaries

No Anti‑SLAPP Shield for Private‑Employer Contacts Without a Plausible Nexus to Government Proceedings: The First Circuit’s Post‑Bristol Application in Blakesley v. Marcus

Date: Nov 2, 2025

No Anti‑SLAPP Shield for Private‑Employer Contacts Without a Plausible Nexus to Government Proceedings: The First Circuit’s Post‑Bristol Application in Blakesley v. Marcus Introduction In Blakesley...

No Collateral Attack on the JPML Lottery: Filing of the Administrative Record Fixes Venue Under 28 U.S.C. § 2112(a)

Date: Nov 2, 2025

No Collateral Attack on the JPML Lottery: Filing of the Administrative Record Fixes Venue Under 28 U.S.C. § 2112(a) Introduction In Direct Action for Rights and Equality v. FCC, a consolidated set of...

State of Louisiana v. FCC: JPML Lottery Under 28 U.S.C. § 2112(a) Is Binding—Once the Record Is Filed, the Designated Circuit Retains Venue for Consolidated Agency-Review Petitions

Date: Nov 2, 2025

State of Louisiana v. FCC: JPML Lottery Under 28 U.S.C. § 2112(a) Is Binding—Once the Record Is Filed, the Designated Circuit Retains Venue for Consolidated Agency-Review Petitions Introduction In...

No Surprise Summary Judgment: First Circuit Clarifies Rule 12(d) Conversion, Rule 56(c)(4) Affidavits, and Medical Director Liability under Puerto Rico Article 1802

Date: Nov 1, 2025

No Surprise Summary Judgment: First Circuit Clarifies Rule 12(d) Conversion, Rule 56(c)(4) Affidavits, and Medical Director Liability under Puerto Rico Article 1802 Introduction This appeal arises...

Federal Contracts Do Not “Federalize” Municipal Detention Facilities: First Circuit Confirms § 1983 State-Action Status for Wyatt Officials

Date: Nov 1, 2025

Federal Contracts Do Not “Federalize” Municipal Detention Facilities: First Circuit Confirms § 1983 State-Action Status for Wyatt Officials Introduction In Wright v. Martin, the United States Court...

No “U‑Turns” After 120 Days: First Circuit Holds MSPB Jurisdiction Controls Mixed‑Case Review and Erroneous Agency FADs Cannot Revive Expired Deadlines

Date: Oct 30, 2025

No “U‑Turns” After 120 Days: First Circuit Holds MSPB Jurisdiction Controls Mixed‑Case Review and Erroneous Agency FADs Cannot Revive Expired Deadlines Introduction In Irizarry Sierra v. Bisignano,...

Deliberate Indifference to Prolonged Loss of Potable Water Can Shock the Conscience: First Circuit Revives Morovis Water Crisis Suit

Date: Oct 28, 2025

Deliberate Indifference to Prolonged Loss of Potable Water Can Shock the Conscience: First Circuit Revives Morovis Water Crisis Suit Introduction In Maldonado-González v. Puerto Rico Aqueduct & Sewer...

United States v. Castillo: No Outrageous Misconduct for U.S.-Led Foreign Arrests; Pen Register Metadata Is Non‑Hearsay

Date: Oct 28, 2025

United States v. Castillo: No Outrageous Misconduct for U.S.-Led Foreign Arrests; Pen Register Metadata Is Non‑Hearsay Introduction In United States v. Castillo, the First Circuit affirmed the...

Triple Waiver and No-Prejudice Variance: The First Circuit’s Reinforcement of Preservation Rules in United States v. Paredes

Date: Oct 28, 2025

Triple Waiver and No-Prejudice Variance: The First Circuit’s Reinforcement of Preservation Rules in United States v. Paredes Introduction This commentary analyzes the First Circuit’s unpublished...

No APA Deference for OPA Liability; Third-Party Admiralty Claims Trigger § 1292(a)(3): The First Circuit’s Framework in United States v. Ernst Jacob GmbH & Co. KG

Date: Oct 25, 2025

No APA Deference for OPA Liability; Third-Party Admiralty Claims Trigger § 1292(a)(3): The First Circuit’s Framework in United States v. Ernst Jacob GmbH & Co. KG Court: United States Court of...

Conlon v. Scaltreto: First Circuit shields beanbag-shotgun use under qualified immunity, revives deadly-force claim where “armed advancement” is disputed, and limits ADA/Monell theories in mental‑health encounters

Date: Oct 25, 2025

Conlon v. Scaltreto: First Circuit shields beanbag-shotgun use under qualified immunity, revives deadly-force claim where “armed advancement” is disputed, and limits ADA/Monell theories in...

When Opinions Become Facts: First Circuit Holds Baseless Personal‑Knowledge Vouching Can Be “False” Under §1001 and Rejects Money‑Laundering Merger Where Bribery Proceeds Arise at Agreement

Date: Oct 25, 2025

When Opinions Become Facts: Baseless Personal‑Knowledge Vouching Is Actionable Under §1001; False Invoices Can Support §1956(h) Concealment Without Merger Because Bribery Proceeds Arise at Agreement...

No Look-Through for FAA § 9: First Circuit Orders Without-Prejudice Dismissal and Avoids Standing Inquiry Post-Badgerow

Date: Oct 23, 2025

No Look-Through for FAA § 9: First Circuit Orders Without-Prejudice Dismissal and Avoids Standing Inquiry Post-Badgerow Case: Puerto Rico Telephone Company, Inc. v. WorldNet Telecommunications, LLC...

StandWithUs v. MIT: First Circuit Harmonizes Title VI with the First Amendment and Rejects a Per Se Equation of Anti‑Zionism with Antisemitism

Date: Oct 23, 2025

StandWithUs v. MIT: First Circuit Harmonizes Title VI with the First Amendment and Rejects a Per Se Equation of Anti‑Zionism with Antisemitism Introduction In StandWithUs Center for Legal Justice v....

FTCA Accrual Starts with Post‑Surgical Complications, Not Later Medical Imaging: The First Circuit’s Objective Discovery Rule in Roldán‑Barrios v. United States

Date: Oct 22, 2025

FTCA Accrual Starts with Post‑Surgical Complications, Not Later Medical Imaging: The First Circuit’s Objective Discovery Rule in Roldán‑Barrios v. United States Introduction In Roldán‑Barrios v....

A Second Superseding Indictment Restores Probable Cause and Forecloses FTCA Malicious Prosecution; No Bivens Extension for CBP Grand Jury Testimony

Date: Oct 22, 2025

A Second Superseding Indictment Restores Probable Cause and Forecloses FTCA Malicious Prosecution; No Bivens Extension for CBP Grand Jury Testimony Introduction In Sanchez-Jimenez v. United States,...

Collective Knowledge and Stash‑House Nexus Suffice for a Vehicle Stop: United States v. Amado (1st Cir. 2025)

Date: Oct 19, 2025

Collective Knowledge and Stash‑House Nexus Suffice for a Vehicle Stop: United States v. Amado (1st Cir. 2025) Introduction In United States v. Amado, the First Circuit affirmed both the convictions...

Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails

Date: Oct 18, 2025

Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails Case: Gore and Associates Management Co., Inc. v. SLSCO Ltd. and...

First Circuit Requires District Courts to Address Rehabilitation—In Combination with Family Circumstances—When Ruling on Compassionate Release under Amended U.S.S.G. §1B1.13

Date: Oct 17, 2025

First Circuit Requires District Courts to Address Rehabilitation—In Combination with Family Circumstances—When Ruling on Compassionate Release under Amended U.S.S.G. §1B1.13 Introduction In United...

Expert Testimony Is Required to Prove Non-Negligible Risk in Massachusetts Informed-Consent Claims: The First Circuit’s Clarification in Meka v. Haddad

Date: Oct 11, 2025

Expert Testimony Is Required to Prove Non-Negligible Risk in Massachusetts Informed-Consent Claims: The First Circuit’s Clarification in Meka v. Haddad Introduction In Meka v. Haddad, the United...