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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Jul
11
2017
Second Circuit Rejects First Circuit’s “Extreme Departure” Test for Assessing Materiality of an Alleged Omission of Interim Financial Information From Registration Statement Sheppard, Mullin, Richter & Hampton LLP
Apr
1
2024
FDCA Preemption: A Powerful Tool for Defending Class Actions Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2014
Removing All Doubt: The First Circuit Clarifies the Conditions Triggering the 30-Day Removal Window When the Earlier, Initial Pleading Does Not Disclose Grounds for Removal Sheppard, Mullin, Richter & Hampton 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
Oct
14
2016
Update on Data Breach and Data Privacy Class Actions Post-Spokeo Sheppard, Mullin, Richter & Hampton LLP
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
Jan
22
2015
First Circuit Reaffirms False Claims Act’s “First-to-File” Bar as a Broad Jurisdictional Limit Sheppard, Mullin, Richter & Hampton LLP
Apr
17
2018
Sex + Discrimination = Liability, Says First Circuit Sheppard, Mullin, Richter & Hampton LLP
Aug
12
2021
Maine Enacts “True Lender” Legislation, Amends Consumer Credit Code to Include Anti-Evasion Provisions Sheppard, Mullin, Richter & Hampton LLP
Dec
16
2013
Longest-Ever Antitrust Prison Sentence Imposed Sheppard, Mullin, Richter & Hampton LLP
May
21
2014
New Decision Clarifies Summary Judgment Standards for Off-the-Clock Claims Sheppard, Mullin, Richter & Hampton LLP
Oct
28
2014
Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars Sheppard, Mullin, Richter & Hampton LLP
Nov
24
2016
First Circuit on Escobar Remand: Relators’ Allegations of Regulatory Violations Sufficiently Material to State Claim Under FCA Sheppard, Mullin, Richter & Hampton LLP
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
May
22
2014
First Circuit Affirms District Court’s Exclusion of Event Study as Unreliable Under Daubert Sheppard, Mullin, Richter & Hampton LLP
Jul
28
2020
1st Circ. Holds Non-Compete Agreement Unenforceable Against Fired and Rehired Employee Sheppard, Mullin, Richter & Hampton LLP
Jul
12
2016
New Proposed Treasury Regulations under Code Section 409A Michael Best & Friedrich LLP
Jan
6
2017
On Reconsideration, District Court of Massachusetts Expands Potential FCA Liability Under Escobar Dinsmore & Shohl LLP
Apr
5
2022
Court Declines Workers’ Comp Coverage for Employee Injured in HVAC Company Vehicle After Clocking Out Dinsmore & Shohl LLP
Jun
8
2012
How The White House’s Endorsement of Same-Sex Marriage Affects Employment Law Dinsmore & Shohl LLP
Oct
26
2018
Marks Makes its Mark: First District Court TCPA Decision Relying On Marks Upholds Threadbare ATDS Pleadings Womble Bond Dickinson (US) LLP
Feb
17
2021
A Pair of Federal Courts Find No Vicarious Liability Under the TCPA Womble Bond Dickinson (US) LLP
May
12
2020
TCPA Developments on Definition of ATDS Continue Full Steam in Midst of Global Pandemic Womble Bond Dickinson (US) LLP
Jan
14
2020
District Court Holds Callers Have Right to Reasonably Rely on Prior Subscriber’s Consent Under the TCPA Womble Bond Dickinson (US) LLP
Nov
19
2019
Privacy at the Border: Reasonable Suspicion Required to Search Electronic Devices Womble Bond Dickinson (US) LLP
Nov
15
2018
Any Way You Slice It: Court Holds LiveVox HCI is Not an ATDS Under Even the Broadest Reading of the Term Womble Bond Dickinson (US) LLP
Nov
20
2018
Undisputed? Allegations of Inconsistent Communications from Auto Lender Survive Motion to Dismiss Womble Bond Dickinson (US) LLP
Jan
18
2024
CFPB Files Amicus Brief in FDCPA Appeal Womble Bond Dickinson (US) LLP
May
4
2018
Contractual Consent Matters: Barton Decision Delivers First Out-of-Circuit Win for Reyes Holding that Contractual Consent is Irrevocable Womble Bond Dickinson (US) LLP
Apr
22
2019
Ninth Circuit’s Marks Opinion Continues to Extend its Reach Across the Country Womble Bond Dickinson (US) LLP
Oct
5
2018
Don’t Remand Me: Court Denies Motion to Remand FCRA Case Womble Bond Dickinson (US) LLP
Aug
15
2019
First Circuit Concludes that Hybrid Cellular-VoIP Telephone Numbers Are Subject to TCPA Womble Bond Dickinson (US) LLP
Dec
2
2023
DOJ and FTC Propose New Merger Guidelines to Expand Merger Challenges Womble Bond Dickinson (US) LLP
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
Mar
30
2023
Bondholders Should Reevaluate Indenture Provisions in Light of PREPA Lien Challenge Decision ArentFox Schiff LLP
 

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