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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Dec
8
2022
Words Matter: Court Sides with Translation Company in Insurance Coverage Dispute McDermott Will & Emery
Jul
13
2023
The Game of Life: Winner Gets Everything Except Attorneys’ Fees McDermott Will & Emery
Feb
8
2024
Rules of Evidence Require Weighing Relevance of Evidence Against Potential Prejudice McDermott Will & Emery
Apr
22
2013
Private Equity Firms Achieve Only Partial Dismissal of “Buying Club” Antitrust Lawsuit McDermott Will & Emery
Mar
18
2015
First Circuit Rejects Relator’s Attempt to Revive FCA Case After Jury Verdict for Defendants McDermott Will & Emery
Oct
6
2022
And the Band Played On: Reviewing Rule 54(b) Partial Summary Judgment Based on Who Did What to Whom and When McDermott Will & Emery
Nov
6
2018
First Circuit Holds Defendants Have Burden to Negate Loss Causation in ERISA Fiduciary Duty Cases McDermott Will & Emery
Mar
1
2018
Defense Counsel Narrowly Avoids Sanctions for Re-Litigating Decided Issues McDermott Will & Emery
Oct
21
2022
Seven Corporate Directors Resign: DOJ Ramps Enforcement Against Board Members Serving on Competitors’ Boards McDermott Will & Emery
Jul
12
2011
eBay Standard Applies to Preliminary Injunctions in Trademark Cases McDermott Will & Emery
Feb
16
2017
Structuring Private Equity Deals in 2017: Considerations for Buyers While They Wait for the Sun Capital Appeals to Play Out McDermott Will & Emery
Mar
2
2018
Rejecting Trademarks and Exclusive Distribution Rights in Bankruptcy McDermott Will & Emery
Nov
4
2021
It’s Not Esoteric: Absent Ambiguity, Plain Contractual Language Governs McDermott Will & Emery
Aug
11
2011
Strict Proportionality Not Required Between Attorneys’ Fees and Damages McDermott Will & Emery
Dec
22
2016
First Circuit Affirms Dismissal of Former Sales Representative’s False Claims Act Claims Against Medical Device Manufacturer McDermott Will & Emery
Oct
5
2011
EMC Corp. Should Have Drafted a Better Non-Competition Clause McDermott Will & Emery
Oct
2
2012
Holy Infringement!—Noncommercial Infringement Is Not Fair Use McDermott Will & Emery
Jun
7
2016
Massachusetts District Court Dismisses FCA Claims Based on Fraudulent Off-Label Promotion for Lack of Particularity McDermott Will & Emery
Aug
23
2016
Taxpayer Argues First Circuit Should Not Follow Tax Court Decision by Judge Indicated for Tax Fraud McDermott Will & Emery
Oct
27
2016
Use of Judicial Notice in Likelihood of Confusion Analysis Held Improper McDermott Will & Emery
Jul
24
2018
Brown University Only Partially Successful in 403(b) Lawsuit McDermott Will & Emery
Apr
3
2020
Lightbulb Moment: It’s Possible to Grant an Implied Copyright Sublicense McDermott Will & Emery
Mar
31
2022
Re-Poster Child for § 230: Immunity under the CDA for Reposting Content of Another McDermott Will & Emery
Feb
17
2020
Humira: How far can drug makers go to protect their branded market? Wiggin and Dana LLP
Aug
31
2022
Massachusetts Contractor Retaliated Against Injured Immigrant Worker; Jury Awards $650K in Damages Norris McLaughlin P.A.
Jun
7
2017
First Circuit Applies FAA Transportation Worker Exception to Independent Contractors Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
2
2018
Louisiana Court Clarifies Prescriptive Period Under State Employment Discrimination Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
16
2021
Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
13
2017
Massachusetts Federal Court Decision Highlights the Importance of FMLA Training and Compliance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
30
2023
Louisiana Appellate Court Finds Nondiscretionary Production Bonus Based on Employee Work Is a “Wage” Payable at Termination Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
28
2020
Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
25
2021
First Circuit Enforces Delegation Clause in Arbitration Agreement Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
14
2023
First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
7
2022
First Circuit Creates Split Regarding Federal Court Jurisdiction Over FLSA Multistate Collective Actions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
20
2023
U.S. District Court in Massachusetts Weighs in on the ‘Material Change’ Doctrine and Nurse Noncompetition Exemption Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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