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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Aug
8
2013
Private Equity Funds: Beware of Pension Withdrawal Liability Incurred by a Portfolio Company Vedder Price
Aug
7
2013
First Circuit Finds that a Private Equity Fund Can Be Liable for the Pension Obligations of its Portfolio Company Sheppard, Mullin, Richter & Hampton LLP
Aug
3
2013
Next Time, Buy the CDs, Re: Illegal Music Download McDermott Will & Emery
Aug
2
2013
A Continued Examination of Charitable Patient Assistance Programs Part Five in a Series: How Charitable PAPs Organize Disease Funds Mintz
Jul
19
2013
New Decision Helps Multifamily Developers by Striking Down a Restrictive Local Ordinance Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
30
2013
Copyright Infringement Damages Upheld in File Sharing Case Mintz
Jun
29
2013
Update on Advanced Micro Devices (AMD) Trade Secret Misappropriation Case: Judge Hillman Issues Narrow Interpretation of the Computer Fraud and Abuse Act (CFAA) Raymond Law Group LLC
Jun
28
2013
A False Claims Act Kerfuffle: First Circuit Reaffirms the Intent of the "First to File" Rule and Deepens Circuit Split Sheppard, Mullin, Richter & Hampton LLP
Jun
7
2013
First Circuit Rules First-Filed False Claims Act (FCA) Complaint Need Not Satisfy Rule 9(b) to Bar Subsequent Qui Tam Actions Mintz
Jun
2
2013
Unscrambling The Eggs and Other Menu Choices: Federal Trade Commission (FTC) Issues Final Orders in Anti-competition Matters Greenberg Traurig, LLP
Jun
1
2013
Common Sense Prevails Once Again: District Court False Claims Acts (FCA) Ruling Serves As Reminder That Whistleblowers Need to Prove Recklessness Too Sheppard, Mullin, Richter & Hampton LLP
May
30
2013
First Circuit Court Holds Aiding And Abetting Liability Requires Material Assistance In The Violation Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
22
2013
Private Equity Firms Achieve Only Partial Dismissal of “Buying Club” Antitrust Lawsuit McDermott Will & Emery
Mar
24
2013
Federal Court Rejects "Core Operations" Theory of Scienter in Battery Manufacturer Fraud Case Katten
Mar
14
2013
Unnecessary Nominative Use May Not Be Trademark Infringement Hunton Andrews Kurth
Mar
10
2013
Use of Candid Photo in Poster Not Copyright Infringement McDermott Will & Emery
Feb
4
2013
Trade Secret Misappropriation: When An Insider Takes Your Trade Secrets With Them Raymond Law Group LLC
Jan
20
2013
Preliminary Injunction: An Important Tool in Copyright Infringement Litigation Raymond Law Group LLC
Jan
13
2013
Small Business Especially Susceptible to Cyber Attacks Raymond Law Group LLC
Nov
30
2012
Private Equity Fund Is Not a “Trade or Business” Under ERISA Morgan, Lewis & Bockius LLP
Nov
21
2012
Starbucks’ Tip Pooling Practices Found to Violate Massachusetts Law Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Nov
6
2012
For a Product to Be “Derived from” Another, It Must Copy Novel Aspects of the Original Product McDermott Will & Emery
Oct
9
2012
Does Your Franchise Agreement Address Group Arbitration? Armstrong Teasdale
Oct
2
2012
Holy Infringement!—Noncommercial Infringement Is Not Fair Use McDermott Will & Emery
Sep
21
2012
Illinois Appellate Court Clarifies the Implied Warranty of Habitability as it Applies to General Contractors and Subcontractors Barnes & Thornburg LLP
Sep
16
2012
Environmental Law Alert - Ohio Supreme Court Decision Finds Local Zoning Law is Applicable to Private Landfill Barnes & Thornburg LLP
Sep
14
2012
Florida First District Court of Appeal Renders Important Decision Holding that Purchasers who Acquire Property with Knowledge of Contamination are Liable Greenberg Traurig, LLP
Jul
30
2012
Rejecting Milward: A “Weight of the Evidence” Methodology is No Methodology At All Barnes & Thornburg LLP
Jul
27
2012
First Circuit Holds DOMA Unconstitutional Mintz
Jul
21
2012
Court Rules on What is “Commercially Reasonable” Bank Security Mintz
Jun
26
2012
DOL Decision Supports Expansion of SOX Whistleblower Protections To Contractors of Publicly Traded Companies Barnes & Thornburg LLP
Jun
10
2012
No Harm, No Foul? First Circuit Departs from Trend Narrowing Chapter 93A Injury Requirement, Reverses Dismissal of Claim Arising from Failed Price-Fixing Conspiracy Mintz
Jun
8
2012
How The White House’s Endorsement of Same-Sex Marriage Affects Employment Law Dinsmore & Shohl LLP
May
5
2012
$100 Million Pattern-or-Practice Gender Discrimination Suit Doomed By Company’s Arbitration Agreement Faegre Drinker
Apr
2
2012
Award of Attorneys’ Fees in Copyright Cases Not Beholden to Lodestar Method McDermott Will & Emery
Apr
1
2012
Yer Out at Home—Copyright Infringement Lawsuit Against Jon Bon Jovi Strikes Out McDermott Will & Emery
Nov
17
2011
Constitutional Challenge to (File Sharing) Damage Award Rebuffed McDermott Will & Emery
Nov
8
2011
Supreme Court Determines That Plaintiffs Do Not Need to Prove Loss Causation in Order to Obtain Class Certification in Federal Securities Fraud Actions Vedder Price
Nov
1
2011
United States Postal Service, 24-CA-10805 (reported at 356 NLRB No. 75) (1st Cir., decided October 27, 2011) National Labor Relations Board
Oct
5
2011
EMC Corp. Should Have Drafted a Better Non-Competition Clause McDermott Will & Emery
Aug
11
2011
Strict Proportionality Not Required Between Attorneys’ Fees and Damages McDermott Will & Emery
Jul
12
2011
eBay Standard Applies to Preliminary Injunctions in Trademark Cases McDermott Will & Emery
Sep
16
2010
Class Action Defense Cases–Donovan v. Philip Morris: Massachusetts Federal Court Certifies Class Action Seeking Medical Monitoring For Lung Cancer Of 20-Year Marlboro Smokers Jeffer, Mangels, Butler & Mitchell LLP
Sep
12
2010
Cy Pres Class Action Defense Cases–In re American Tower: Massachusetts Federal Court Rejects Request To Distribute Class Action Settlement Cy Pres Funds To Non-Profit Organization Jeffer, Mangels, Butler & Mitchell LLP
Sep
11
2010
SEC v. Tambone: First Circuit Rejects the SEC’s Broad Interpretation of Rule 10b-5 Vedder Price
Oct
28
2009
First Circuit Holds That Employer’s Shifting Explanation for Termination Was Sufficient to Raise Jury Question in Age Discrimination Case Foley Hoag LLP
 

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