1st Circuit (incl. bankruptcy)

The First Circuit Court of Appeals  is comprised of four states in the Northeastern portion of the United States, Maine, Rhode Island, Massachusetts, and New Hampshire, and Puerto Rico. In this federal district there are a total of 25 courthouses which fall into the First Circuit’s jurisdiction. These courthouses hear cases which fall under the jurisdiction of federal-level (non-state issues) or cases which are on appeal at the federal districts of each state in the circuit.

Aside from cases heard on appeal from each federal circuit-state (US Territory), certain cases might also be left to the federal circuit if a state or region doesn’t have proper jurisdiction to hear those cases. Possible reasons cases might go directly to the appellate level include: cases where a state-court doesn’t have personal or subject-matter jurisdiction over the parties, criminal cases, or other “special” cases, which bypass the lower level state courts, and are initially heard at the appellate level.

The United States Court of Appeals in the First Circuit is the federal-court system which has appellate jurisdiction over cases which are heard in the 5-federal districts. The main courthouse is the John Joseph Moakley Federal Courthouse, in Boston, Massachusetts. Cases are heard in the courthouse one week out of each month of the year, except for one month (either July or August) when the courthouse is closed.

One week in March or November, the main federal circuit court sits in  Jose V. Toledo Federal Building and United States Courthouse, which is in Old San Juan, Puerto Rico. Certain times of the year, cases are heard in one of the other 23-courthouses, which fall under the First Circuit-jurisdictional power to hear those cases.

The First Circuit is the smallest of the Federal US Circuit Courts. It currently has six active judges along with three senior judges presiding over cases which go through the federal circuit. Seats in the federal circuit are appointed in the order which judges were appointed to the federal system, and numbered in order the vacancies were filled. Jeffrey R. Howard is currently the chief justice in the First Circuit.

Notable First Circuit cases include Glik v. Cunniffe (2011), where the court decided a private-citizen had the right to record public officials in a public forum.

The National Law Review covers bankruptcy, civil lawsuits, criminal cases at the federal level, and general news-coverage which goes through the court-system. There are legal articles on judge appointments, appeals, and emerging news in the circuit court system published on The National Law Review Website.

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May
7
2014
First Circuit Rules on Scope of False Claims Act (FCA) First-to-File Rule in U.S. v. Bristol Myers Squibb, Inc. Proskauer Rose LLP
Feb
12
2015
Skyworks’ Infringement Claims Grounded: Skyworks Solutions, Inc. v. Kinetic Technologies, Inc Proskauer Rose LLP
Apr
7
2015
Court’s Maine Message to Plaintiff Suing Poland Spring: You Don’t Have a Leg to Stand on Proskauer Rose LLP
Apr
6
2016
Sun Capital Court Finds Co-Investing Funds Part of Controlled Group and Liable for Portfolio Company’s Pension Liabilities Proskauer Rose LLP
Jun
30
2016
Forecast Unfavorable for Inventory Software Patent Proskauer Rose LLP
Sep
7
2023
Court Orders Significant Sanctions Against Plaintiff for Wiping Company Laptop but Stops Short of Dismissing Complaint Proskauer Rose LLP
Feb
23
2024
First Circuit: “Difficult to Compile” but Publicly Available Facts Can Be Trade Secrets Proskauer Rose LLP
Feb
17
2015
Fraudulent Procurement Claim Dismissed: No Evidence Trademark Attorney Knew Statement Was False Proskauer Rose LLP
Apr
17
2015
Joint Defendants Succeed on Motion to Stay Pending Reexam Proskauer Rose LLP
Dec
31
2015
District Judge Finds Some Claims Precluded, Others Not – By A Degree Proskauer Rose LLP
Aug
26
2022
First Circuit: FCPA is not a “Rule or Regulation of the SEC” Under SOX Whistleblower Provision Proskauer Rose LLP
Mar
28
2017
Mobile Payment Patent Remains Legal Tender after Alice Challenge Proskauer Rose LLP
Jun
20
2017
Computer-Based Publishing Patent Goes Offline after Alice Inquiry Proskauer Rose LLP
Dec
3
2019
Sun Capital Update: First Circuit Finds Private Equity Funds Not Liable for Portfolio Company’s Pension Liabilities Proskauer Rose LLP
Nov
5
2014
First Circuit Enforces Appeal Deadlines Stated In SPD, But Not Plan Document Proskauer Rose LLP
Mar
3
2015
Google Remains on the Hook After Summary Judgment Denied re: Patent Infringement Proskauer Rose LLP
Sep
23
2015
Plaintiff Avoids Headache of Having Its Thermometer Patent Invalidated at Summary Judgment Proskauer Rose LLP
Sep
8
2016
Mobile App Video Privacy Protection Act Suit Survives Spokeo Standing Challenge Proskauer Rose LLP
Nov
30
2016
Future and Unreleased Products Can’t Drive Patent Litigation Proskauer Rose LLP
Oct
3
2019
District of Rhode Island Dismisses In-House Attorney’s SOX Whistleblower Claim for Lack of Protected Activity Proskauer Rose LLP
Jul
28
2020
First Circuit Affirms No Duty to Disclose Upstream Labor Abuses on Chocolate Packaging Proskauer Rose LLP
Apr
29
2015
First Circuit Reviews Top Hat Plan Benefits Denial for Abuse of Discretion Proskauer Rose LLP
Jan
29
2016
Massachusetts: Relating a Software Copyright Infringement Claim Back to its Source Proskauer Rose LLP
Dec
2
2016
Sunrise’s Infringement Complaint Gets the Green Light Proskauer Rose LLP
Oct
24
2017
Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website “Browsewrap” License to User Generated Content Proskauer Rose LLP
Jun
11
2018
Summary Judgment Stalemate in Copyright Spat Between Former Collaborators Proskauer Rose LLP
Oct
19
2018
Inventorship Claim in Disease Treatment Patent Dispute Survives Motion to Dismiss Proskauer Rose LLP
Feb
15
2019
First Cir. Sets Pleading Standard For FCA Whistleblower Retaliation Claims Proskauer Rose LLP
May
6
2015
Foreign Corporations and the Long Arm of the Law Proskauer Rose LLP
Mar
11
2015
Nice Confidentiality You Have There – Would be a Pity if Something Happened to It Proskauer Rose LLP
May
8
2015
LevelUp’s Pursuit of Attorney’s Fees Goes Up to the Federal Circuit Level Proskauer Rose LLP
Oct
1
2015
Section 230 of the Communications Decency Act: More Lessons to Be Learned Proskauer Rose LLP
May
3
2016
User of Free App May Be “Consumer” under Video Privacy Protection Act Proskauer Rose LLP
Apr
25
2017
First Circuit Court Denies Attempt to Prevent “Plain and Ordinary” Claim Construction Proposals Proskauer Rose LLP
Jun
21
2018
“Blatant and Unapologetic” Judge Shopping Warrants “Exceptional Case” Determination Proskauer Rose LLP
 

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