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
29
2016
Fidelity Prevails In ERISA Float Litigation Proskauer Rose LLP
Jul
27
2016
Hyper-Divergence: Halo and the Preliminary Injunction Requirement for Enhanced Damages Proskauer Rose LLP
Jul
27
2016
First Circuit Affirms Another Insider-Trading Conviction Proskauer Rose LLP
Jul
27
2016
Massachusetts Jury Acquits in One of First Few Prosecutions of Health Care Executives Following DOJ’s Yates Memo Mintz
Jul
19
2016
401(k) Class-Action Litigation Update: 1st Circuit Holds “Float” is Not a Plan Asset Faegre Drinker
Jul
12
2016
New Proposed Treasury Regulations under Code Section 409A Michael Best & Friedrich LLP
Jul
8
2016
First Circuit Rejects FCA Suit On Public Disclosure Grounds McDermott Will & Emery
Jul
7
2016
Workplace Dress Codes – Auto Dealer Can’t Bar Workers from Wearing Message Pins, First Circuit Court Affirms NLRB Jackson Lewis P.C.
Jul
1
2016
Expert’s Failure to Test Theory No “Silver Bullet” for Defense Wilson Elser Moskowitz Edelman & Dicker LLP
Jun
30
2016
Forecast Unfavorable for Inventory Software Patent Proskauer Rose LLP
Jun
20
2016
Together or Separate? When Paying for a Client Dinner Can Mean Federal Prison Polsinelli PC
Jun
16
2016
Effectively Managing Foreign Language Documents in Commercial Litigation: It’s All Greek to Me Barnes & Thornburg LLP
Jun
8
2016
First Circuit Quietly Joins the “Personal Benefit” Fray Faegre Drinker
Jun
7
2016
Massachusetts District Court Dismisses FCA Claims Based on Fraudulent Off-Label Promotion for Lack of Particularity McDermott Will & Emery
May
27
2016
Wine, Steak, and Massage Parlors Are Personal Benefits for Insider Trading Proskauer Rose LLP
May
25
2016
Waiver Conundrum in Akamai v. Limelight Remand Proskauer Rose LLP
May
25
2016
Expert’s Specific Causation Methodology Unreliable in Leukemia Row Beveridge & Diamond PC
May
20
2016
Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers as Independent Contractors Mintz
May
10
2016
Clearly Defining Essential Functions of Job Can Make or Break ADA Case Mintz
May
3
2016
User of Free App May Be “Consumer” under Video Privacy Protection Act Proskauer Rose LLP
Apr
19
2016
Massachusetts Federal Court Rules on Rights of Respondents in FERC Enforcement Actions Bracewell LLP
Apr
18
2016
Massachusetts Federal Court Says Mandatory Flu Vaccine for Hospital Worker Does Not Violate Title VII Barnes & Thornburg LLP
Apr
17
2016
Three’s a Trend: First Circuit’s Santana-Diaz Decision Joins Third and Sixth Circuits to Require Notice of an ERISA Plan’s Time Limit for Filing Suit in Final Claim Denial Letter Armstrong Teasdale
Apr
14
2016
Massachusetts Federal Court: Current Structuring May Not Shield Private Equity Firms from ERISA Liabilities Cadwalader, Wickersham & Taft LLP
Apr
13
2016
Private Equity Fund Sponsors' Risk for ERISA Unfunded Pension Liability Grows Katten
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
Apr
5
2016
Private Equity Investors, Controlled Groups, and Pension Liability, Oh, My! Morgan, Lewis & Bockius LLP
Apr
2
2016
The First Circuit Agrees that Non-Cash Reverse Payments Are Subject to Antitrust Scrutiny. Does the Loestrin Decision Point to Battles to Come? Proskauer Rose LLP
Mar
31
2016
Franchisee Can’t Work Its Way Out of Trademark Infringement and Breach of Contract Litigation on Jurisdictional Grounds Proskauer Rose LLP
Mar
22
2016
Sensor Maker Cannot Shake Infringement Suit on Summary Judgment Proskauer Rose LLP
Mar
3
2016
First Circuit: FAAAA Preempts Massachusetts’ Contractor Law Jackson Lewis P.C.
Mar
2
2016
First Circuit Allows FedEx Drivers to Continue with Wage-and-Hour Claims under Massachusetts Wage Act Wilson Elser Moskowitz Edelman & Dicker LLP
Mar
1
2016
First Circuit Upholds Fluctuating Workweek Method for Calculating Overtime Pay: Rules Performance-Based Commissions Do Not Violate FWW Requirements Honigman Miller Schwartz and Cohn LLP
Feb
26
2016
Massachusetts: Wisp of a Possibility of Gas Kit Lawsuit May Establish Declaratory Judgment Jurisdiction Proskauer Rose LLP
Feb
19
2016
Calculating Overtime – First Circuit Determines the Fluctuating Workweek Method Applies to Employees with Varying Weekly Pay Squire Patton Boggs (US) LLP
Feb
10
2016
University is “Arm-of-The-State,” Can’t be Sued Under FCA Polsinelli PC
Feb
8
2016
District of Massachusetts Rejects Relators’ Attempt to Convert Products Liability Theory into FCA Claim McDermott Will & Emery
Jan
29
2016
Massachusetts: Relating a Software Copyright Infringement Claim Back to its Source Proskauer Rose LLP
Jan
29
2016
When a Bar is Not a Bar: First Circuit Denies En Banc Rehearing of First-To-File Bar Ruling McDermott Will & Emery
Jan
4
2016
Contractor Terminated by Owner Can Sue Architect for Interference Murtha Cullina
Dec
31
2015
District Judge Finds Some Claims Precluded, Others Not – By A Degree Proskauer Rose LLP
Dec
30
2015
First Circuit Rules on Crime-Fraud Exception to Attorney-Client Privilege McDermott Will & Emery
Dec
29
2015
U.S. Supreme Court to Decide Validity of False Claims Act’s Implied Certification Theory Barnes & Thornburg LLP
Dec
24
2015
First Circuit Offers Rebuke to SEC in Vacating Sanctions Order Greenberg Traurig, LLP
Dec
22
2015
Are Self-Insurers Subject to State Insurance Claim Handling Statutes? Neal, Gerber & Eisenberg LLP
Dec
15
2015
First Circuit Overturns SEC Commissioners’ Sanctions Order Mintz
Dec
14
2015
First Circuit Overturns SEC Ruling in Flannery v. SEC Morgan, Lewis & Bockius LLP
Dec
3
2015
Abril-Rivera v. Johnson re: Employment Discrimination Mintz
Nov
13
2015
Minding the Gap (Time): District Court Offers Alternative to the Workweek Standard for Evaluating Minimum Wage Claims Gap-Time Claims Honigman Miller Schwartz and Cohn LLP
Nov
12
2015
First Circuit Court of Appeals Clarifies Limited Deference to Surface Transportation Board Views on Railroad Preemption Beveridge & Diamond PC
 

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