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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Sep
6
2016
District of Massachusetts Court Extends Myriad to Peptide Panels Schwegman, Lundberg & Woessner, P.A.
Sep
6
2022
Moderna to Pfizer: “The Pandemic is Over” Schwegman, Lundberg & Woessner, P.A.
Dec
14
2015
First Circuit Overturns SEC Ruling in Flannery v. SEC Morgan, Lewis & Bockius LLP
Apr
5
2016
Private Equity Investors, Controlled Groups, and Pension Liability, Oh, My! Morgan, Lewis & Bockius LLP
Nov
30
2012
Private Equity Fund Is Not a “Trade or Business” Under ERISA Morgan, Lewis & Bockius LLP
Jun
26
2017
It’s Time to Prepare for Participant Requests under New Mental Health Parity Guidance Morgan, Lewis & Bockius LLP
Aug
27
2013
Private Equity Fund May Be “Trade or Business” Under Employee Retirement Income Security Act (ERISA) Morgan, Lewis & Bockius LLP
Dec
21
2016
Motor Carriers Unable to Preempt Massachusetts Independent Contractor Law Morgan, Lewis & Bockius LLP
Mar
7
2014
Sarbanes-Oxley Act (SOX) Protections for Employees of Public Companies’ Contractors and Subcontractors Morgan, Lewis & Bockius LLP
Oct
2
2013
Burn Testing Excluded As Unreliable in New Hampshire Case Armstrong Teasdale
Oct
2
2013
Comments on Web Pages Not Sufficiently Reliable For Cross-Examination Armstrong Teasdale
Oct
9
2012
Does Your Franchise Agreement Address Group Arbitration? Armstrong Teasdale
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
Sep
16
2012
Environmental Law Alert - Ohio Supreme Court Decision Finds Local Zoning Law is Applicable to Private Landfill Barnes & Thornburg LLP
Sep
21
2012
Illinois Appellate Court Clarifies the Implied Warranty of Habitability as it Applies to General Contractors and Subcontractors Barnes & Thornburg LLP
Aug
19
2016
More Flu Vaccine News: EEOC Once Again Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII Barnes & Thornburg LLP
Sep
19
2020
Preemptive Strike: Employee Files TRO to Avoid Return to Workplace Barnes & Thornburg LLP
Jun
16
2016
Effectively Managing Foreign Language Documents in Commercial Litigation: It’s All Greek to Me Barnes & Thornburg LLP
Dec
29
2015
U.S. Supreme Court to Decide Validity of False Claims Act’s Implied Certification Theory Barnes & Thornburg LLP
Feb
1
2019
Recovering Consequential Damages Under General Liability Policies Barnes & Thornburg LLP
Jan
24
2017
First Circuit Court Of Appeals Reverses NLRB, Finds Hospital’s Nonunion Hiring Preference Policy Is Lawful Barnes & Thornburg LLP
Oct
18
2017
What’s Your Preference? NLRB Adopts Federal Court’s Ruling Permitting Hospital’s Nonunion Hiring Preference Policy Barnes & Thornburg LLP
Oct
3
2019
No Right, Just Rules: Court Lacks Jurisdiction Over Steakhouse Managers’ Claims Barnes & Thornburg LLP
Apr
18
2016
Massachusetts Federal Court Says Mandatory Flu Vaccine for Hospital Worker Does Not Violate Title VII Barnes & Thornburg LLP
Jun
26
2012
DOL Decision Supports Expansion of SOX Whistleblower Protections To Contractors of Publicly Traded Companies Barnes & Thornburg LLP
Feb
3
2014
Split Decision: Top 5 Noncompete Stories Lean Slightly in Favor of Enforcement Barnes & Thornburg LLP
May
27
2015
Getting What You Don't Ask For: The Perils of ADA Accommodation by Inference Barnes & Thornburg LLP
Mar
31
2023
SCOTUS Cert Recap: SCOTUS Takes Up Whether ADA ‘Testers’ Have Article III Standing Barnes & Thornburg LLP
Jul
30
2012
Rejecting Milward: A “Weight of the Evidence” Methodology is No Methodology At All Barnes & Thornburg LLP
Dec
22
2015
Are Self-Insurers Subject to State Insurance Claim Handling Statutes? Neal, Gerber & Eisenberg LLP
Dec
3
2015
Abril-Rivera v. Johnson re: Employment Discrimination Mintz
Dec
26
2023
ADA “Tester” Standing Case Evades US Supreme Court Review—For Now Mintz
Sep
27
2013
No More Playing Cute With Non-Solicitation Obligations: First Circuit Court of Appeals Rejects "Customer Called Me First" Argument Mintz
Aug
10
2015
First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory Mintz
Dec
13
2017
Memo to Massachusetts Employers for 2018 and 2019: How Not to Comply with the EMAC New Rules Mintz
Jul
3
2019
Arbitration: The New York Convention vs. U.S. Domestic Law – The Supreme Court Will Consider Reconciliation Mintz
Jan
27
2020
Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three Others in Adopting “Look-Through” Analysis Mintz
Mar
30
2021
Enforcing Click-Through and URL Terms Mintz
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
Dec
29
2014
Consumer Claims Survive Motion to Dismiss in Target Data Breach Class Action Mintz
Aug
11
2015
First Circuit Upholds Method of Distribution of Notice in Hill v. State Street Corp., But Cautions Against Practice of Delivering Late Notice to Small Investors Mintz
Dec
15
2015
First Circuit Overturns SEC Commissioners’ Sanctions Order Mintz
Apr
24
2014
Second Equal Employment Opportunity Commission (EEOC) Right-To-Sue Letter on Same Disability Discrimination Charge Cannot Save Late-Filed Americans with Disabilities Act (ADA) Claim; First Circuit Rejects Equitable Tolling Argument Mintz
Jan
27
2022
First Circuit Adopts Deferential Standard for Review of Government Decisions to Dismiss FCA Whistleblower Cases Mintz
Jan
20
2023
Recent First Circuit Opinion in SEC v. Lemelson Provides a Roadmap for Section 10(b) Cases Involving an Opinion Defense Mintz
Apr
30
2014
Massachusetts Superior Court Holds that a Lateral Transfer Can Constitute an Adverse Employment Actions Under M.G.L. 151B; Affirms Jury Award of $750,000 in Emotional Distress and Punitive Damages Mintz
Apr
10
2019
Collateral Estoppel Bars Assertion of Patent Claims That Do Not “Materially Alter the Question of Invalidity” Relative to Claims Invalidated in IPR Proceedings Mintz
Jan
25
2023
This NIMBY Lawsuit Is Doomed but That Doesn't Mean that It Won't Cause Considerable Harm Before It Dies Mintz
Aug
25
2023
The Federal Government Says The 6th Circuit and 1st Circuit Now Have Different Superfund Rules But The Supreme Court Shouldn't Do Anything About That! Mintz
Jun
30
2013
Copyright Infringement Damages Upheld in File Sharing Case Mintz
 

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