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  • Commentaries
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1st Circuit Case Commentaries

Shea v. United States — Harmless-Error Review of § 924(c) Alternative-Predicate Instructions Is Record-Based, Not Categorical

Shea v. United States — Harmless-Error Review of § 924(c) Alternative-Predicate Instructions Is Record-Based, Not Categorical

Date: Feb 25, 2026
Harmless-Error Review of § 924(c) Alternative-Predicate Instruction Errors on § 2255 Is Record-Based, Not Categorical I. Introduction Case: Shea v. United States (First Circuit, Feb. 23, 2026)....
United States v. Shea: Record-Based Harmless-Error Review (Not the Categorical Approach) for Davis Alternative-Predicate § 924(c) Instructional Error on § 2255

United States v. Shea: Record-Based Harmless-Error Review (Not the Categorical Approach) for Davis Alternative-Predicate § 924(c) Instructional Error on § 2255

Date: Feb 25, 2026
United States v. Shea: Record-Based Harmless-Error Review (Not the Categorical Approach) for Davis Alternative-Predicate § 924(c) Instructional Error on § 2255 I. Introduction In United States v....
United States v. Yoon — Face-Value Billing Presumption for Intended Loss in Private Health-Insurance Fraud and § 3B1.3 Position-of-Trust for Health-Care Providers

United States v. Yoon — Face-Value Billing Presumption for Intended Loss in Private Health-Insurance Fraud and § 3B1.3 Position-of-Trust for Health-Care Providers

Date: Feb 22, 2026
United States v. Yoon: Face-Value Billing Presumption for Intended Loss in Private Health-Insurance Fraud; Health-Care Providers as “Positions of Trust” Under U.S.S.G. § 3B1.3 Court: U.S. Court of...
Use-and-Derivative-Use Immunity Compels Testimony Despite Fear of a Future Perjury Charge

Use-and-Derivative-Use Immunity Compels Testimony Despite Fear of a Future Perjury Charge

Date: Feb 22, 2026
Use-and-Derivative-Use Immunity Compels Testimony Despite Fear of a Future Perjury Charge 1. Introduction United States v. McBreairty (1st Cir. Feb. 20, 2026) addresses the intersection of a...
SEC v. Kelln (1st Cir. Feb. 19, 2026) — Disgorgement in Concerted Securities Fraud, Retroactive NDAA Limitations, and Rule 65(d) Limits on “Obey-the-Law” Injunction Drafting

SEC v. Kelln (1st Cir. Feb. 19, 2026) — Disgorgement in Concerted Securities Fraud, Retroactive NDAA Limitations, and Rule 65(d) Limits on “Obey-the-Law” Injunction Drafting

Date: Feb 22, 2026
Disgorgement for “Concerted Wrongdoing” May Be Joint-and-Several (with Caps), NDAA’s 10-Year Disgorgement Limitations Apply Retroactively, and Rule 65(d) Bars Injunctions that Merely Cross-Reference...
SEC v. Friesen (1st Cir. Feb. 19, 2026) Commentary

SEC v. Friesen (1st Cir. Feb. 19, 2026) Commentary

Date: Feb 22, 2026
Rule 65(d) Limits on SEC “Obey-the-Law” Injunctions: A Section 13(d) Injunction Must State Concrete Duties, Not Merely Cross-Reference Schedule 13D and CFR Provisions 1. Introduction SEC v. Friesen...
SEC v. Gasarch: Retroactive 10-Year Disgorgement, Concerted-Wrongdoing Joint Liability, and Rule 65(d) Limits on “Obey-the-Law” Injunction Drafting

SEC v. Gasarch: Retroactive 10-Year Disgorgement, Concerted-Wrongdoing Joint Liability, and Rule 65(d) Limits on “Obey-the-Law” Injunction Drafting

Date: Feb 22, 2026
SEC v. Gasarch: Retroactive 10-Year Disgorgement, Concerted-Wrongdoing Joint Liability, and Rule 65(d) Limits on “Obey-the-Law” Injunction Drafting I. Introduction SEC v. Gasarch (1st Cir. Feb. 19,...
SEC v. Sexton (1st Cir. Feb. 19, 2026) Commentary

SEC v. Sexton (1st Cir. Feb. 19, 2026) Commentary

Date: Feb 22, 2026
NDAA’s 10-Year Disgorgement Limitations Applies Retroactively, While SEC “Obey-the-Law” Injunctions Must Independently Satisfy Rule 65(d) (No Incorporation by Reference) Case: SECURITIES AND EXCHANGE...
SEC v. Veldhuis — Commentary

SEC v. Veldhuis — Commentary

Date: Feb 22, 2026
SEC v. Veldhuis (1st Cir. Feb. 19, 2026): Retroactive 10-Year Disgorgement, Q-System “Business Records,” and Rule 65(d) Limits on SEC “Obey-the-Law” Injunctions 1. Introduction In SEC v. Veldhuis,...
Cante Mijangos v. Bondi: Waiver of Nexus Challenges in Asylum Petitions—Perfunctory Briefing Forfeits Review

Cante Mijangos v. Bondi: Waiver of Nexus Challenges in Asylum Petitions—Perfunctory Briefing Forfeits Review

Date: Feb 20, 2026
Cante Mijangos v. Bondi: Waiver of Nexus Challenges in Asylum Petitions—Perfunctory Briefing Forfeits Review Introduction In Cante Mijangos v. Bondi (1st Cir. Feb. 18, 2026), the First Circuit denied...
Khanal v. Bondi: Adverse Credibility Does Not Excuse Ignoring Independent Evidence; Withholding Requires a Purely Objective Assessment

Khanal v. Bondi: Adverse Credibility Does Not Excuse Ignoring Independent Evidence; Withholding Requires a Purely Objective Assessment

Date: Feb 20, 2026
Khanal v. Bondi: Adverse Credibility Does Not Excuse Ignoring Independent Evidence; Withholding Requires a Purely Objective Assessment Introduction In Khanal v. Bondi (1st Cir. Feb. 18, 2026),...
Emergency-Aid Entry Tied to a Missing Minor’s Digital “Ping,” and Waiver of Public-Trial and Jury-Procedure Claims by Express Non-Objection

Emergency-Aid Entry Tied to a Missing Minor’s Digital “Ping,” and Waiver of Public-Trial and Jury-Procedure Claims by Express Non-Objection

Date: Feb 20, 2026
Emergency-Aid Entry Tied to a Missing Minor’s Digital “Ping,” and Waiver of Public-Trial and Jury-Procedure Claims by Express Non-Objection 1. Introduction In United States v. Rowell (1st Cir. Feb....
Alicea v. Cincinnati Incorporated — Triable Design-Defect Claim Where Expert Identifies Feasible Alternative Safeguards; Speculation Cannot Prove Causation for Missing-Guard Theories

Alicea v. Cincinnati Incorporated — Triable Design-Defect Claim Where Expert Identifies Feasible Alternative Safeguards; Speculation Cannot Prove Causation for Missing-Guard Theories

Date: Feb 8, 2026
Alicea v. Cincinnati Incorporated — Triable Design-Defect Claim Where Expert Identifies Feasible Alternative Safeguards; Speculation Cannot Prove Causation for Missing-Guard Theories 1. Introduction...
Hebert v. Donahue: FEGLIA “Signed-and-Witnessed” Rule Prevails Over Form Omissions and Agency Rejection

Hebert v. Donahue: FEGLIA “Signed-and-Witnessed” Rule Prevails Over Form Omissions and Agency Rejection

Date: Feb 7, 2026
Hebert v. Donahue: FEGLIA “Signed-and-Witnessed” Designations Remain Valid Despite Unchecked Form Sections and HR Rejection (and Capacity Challenges Require Medical Proof) I. Introduction Hebert v....
Forum-Tagged Listing Volume as Evidence of Purposeful Availment for Online Marketplaces

Forum-Tagged Listing Volume as Evidence of Purposeful Availment for Online Marketplaces

Date: Feb 7, 2026
Forum-Tagged Listing Volume Can Establish “Purposeful Availment” for a Nationwide Website—Even When Basic Site Features Alone Cannot Case: Stokinger v. Armslist, LLC (1st Cir. Feb. 5, 2026) Court:...
Implied Attorney–Client Relationship in Joint Patent Prosecution & Jury-Driven Accrual for Malpractice Discovery

Implied Attorney–Client Relationship in Joint Patent Prosecution & Jury-Driven Accrual for Malpractice Discovery

Date: Feb 4, 2026
Implied Attorney–Client Relationship in Joint Patent Prosecution & Jury-Driven Accrual for Malpractice Discovery Case: BlueRadios, Inc. v. Hamilton, Brook, Smith & Reynolds, P.C. (1st Cir. Feb. 2,...
Witness Tampering as Fraud on the Court: First Circuit Affirms Dismissal as a Terminal Sanction

Witness Tampering as Fraud on the Court: First Circuit Affirms Dismissal as a Terminal Sanction

Date: Feb 3, 2026
Witness Tampering as Fraud on the Court: First Circuit Affirms Dismissal as a Terminal Sanction Case: Gonzalez Tomasini v. Steiner (captioned against Louis DeJoy, Postmaster, and the United States...
DeAngelis v. Hasbro, Inc.: Pleading-Stage Plausibility for Vaccine-Policy Religious Retaliation and Discrimination Based on Timing, Cumulative Adversity, and Pretext

DeAngelis v. Hasbro, Inc.: Pleading-Stage Plausibility for Vaccine-Policy Religious Retaliation and Discrimination Based on Timing, Cumulative Adversity, and Pretext

Date: Jan 31, 2026
Pleading-Stage Plausibility for Vaccine-Policy Religious Retaliation and Discrimination Based on Timing, Cumulative Adversity, and Pretext Introduction DeAngelis v. Hasbro, Inc. (1st Cir. Jan. 29,...
Oral Settlement Agreements Recited on the Record Are Enforceable; No Evidentiary Hearing Absent a Genuine Factual Dispute; Refusal to Sign Warrants Rule 41(b) Dismissal

Oral Settlement Agreements Recited on the Record Are Enforceable; No Evidentiary Hearing Absent a Genuine Factual Dispute; Refusal to Sign Warrants Rule 41(b) Dismissal

Date: Jan 31, 2026
Oral Settlement Agreements Recited on the Record Are Enforceable; No Evidentiary Hearing Absent a Genuine Factual Dispute; Refusal to Sign Warrants Rule 41(b) Dismissal Introduction In Maccarone v....
Money-Laundering Conspiracy Sentencing: Underlying-Offense Base Level Controls and USSG §2S1.1 Note 3(C) Is Limited to §2S1.1(a)(2)

Money-Laundering Conspiracy Sentencing: Underlying-Offense Base Level Controls and USSG §2S1.1 Note 3(C) Is Limited to §2S1.1(a)(2)

Date: Jan 31, 2026
Money-Laundering Conspiracy Sentencing: Underlying-Offense Base Level Controls and USSG §2S1.1 Note 3(C) Is Limited to §2S1.1(a)(2) Case: United States v. Abbas (1st Cir. Jan. 29, 2026) Court: United...
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