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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Oct
2
2019
TCPA Vagueness In Action: Three New Decisions Issued on the Same Day Apply Three Different ATDS Standards to Text Message Platforms—And So It Goes Troutman Amin, LLP
Oct
2
2019
U.S. District Court Decision Upholds “Race-Conscious” College Admissions Policy at Harvard University, Affirming Affirmative Action Plan (US) Squire Patton Boggs (US) LLP
Oct
1
2019
Texts “Violated the Spirit but Not the Letter of the TCPA”: TCPA Suit Against User of EZ Texting System Dismissed Due to Human Intervention Troutman Amin, LLP
Oct
1
2019
Despite Holding the TCPA’s Government Debt Exemption is Unconstitutional, the District of Massachusetts Permits Class Claims to Move Forward Pierce Atwood LLP
Sep
27
2019
District of Massachusetts Grants Class Certification but denies Summary Judgment in Independent Contractor Misclassification Case Proskauer Rose LLP
Sep
26
2019
Food for Thought: Outcomes of Food Labeling Cases Prove Difficult to Predict Proskauer Rose LLP
Sep
26
2019
TCPA Coffee Break: Yet Another Court Finds TCPA Is Unconstitutional Restriction on Free Speech—Upholds it Troutman Amin, LLP
Sep
18
2019
TCPA Turnstile: Case Update Vol. 10 Vedder Price
Sep
6
2019
First Circuit Affirms Denial of Vacatur of Arbitration Award, Rejects Arguments That Parties Opted Out of FAA and Arbitrator Erred Carlton Fields
Aug
27
2019
First Circuit Rules Inconsistent SSDI Statements Doom ADA Claim Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
22
2019
Sometimes You Feel Like a Nut Pierce Atwood LLP
Aug
20
2019
Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment Pierce Atwood LLP
Aug
19
2019
Court Confirms Arbitration Award, Finding It Was Based in Part on “Plain Error,” but Did Not Amount to Manifest Disregard of the Law Carlton Fields
Aug
18
2019
Circuit Split on Student’s Due Process Right to Cross-Examination in Title IX Matters Jackson Lewis P.C.
Aug
15
2019
Decade Old Transactions Potentially Subject to Bankruptcy Clawback in Massachusetts Mintz
Aug
15
2019
First Circuit Concludes that Hybrid Cellular-VoIP Telephone Numbers Are Subject to TCPA Womble Bond Dickinson (US) LLP
Aug
15
2019
Calls to Landlines May Still Be Calls to Cell Phones Under the TCPA?: First Circuit Court of Appeal Makes TCPA Compliance Impossible with Stunning New Ruling Troutman Amin, LLP
Aug
13
2019
Hazelnut Crème Coffee False Advertising Lawsuit Revived Keller and Heckman LLP
Aug
6
2019
The District of Massachusetts Declines to Strike FCRA Class Claims in McIntyre v. RentGrow, Inc. Pierce Atwood LLP
Jul
30
2019
Shall We Cultivate Our Garden? Pierce Atwood LLP
Jul
9
2019
How Specific Does a Specific Litigation Exclusion Have to Be? Squire Patton Boggs (US) LLP
Jul
3
2019
For The First Circuit, Transaction Costs in Structured Settlements are Not Fraud Proskauer Rose LLP
Jul
3
2019
Arbitration: The New York Convention vs. U.S. Domestic Law – The Supreme Court Will Consider Reconciliation Mintz
Jun
28
2019
Lack of Alignment Between Employer’s Payroll Workweek and FLSA “Workweek” Results in Overtime Liability, First Circuit Holds Jackson Lewis P.C.
Jun
28
2019
Good Eve-ning, Lights Out Pierce Atwood LLP
Jun
25
2019
Preserving and Protecting Value Following the Recent Supreme Court Decision Shifting the Landscape on Intellectual Property Licenses Foley & Lardner LLP
Jun
24
2019
How Broad Is the Duty to Defend? This Broad Squire Patton Boggs (US) LLP
Jun
13
2019
No Fraud In Structured Settlement Payments Because of Broker Commissions Squire Patton Boggs (US) LLP
May
29
2019
Supreme Court Adopts a “Rejection-as-Breach” Rule to Allow Licensee to Continue to Use Trademark Following Debtor’s Rejection of License Mintz
May
22
2019
Mission Products v. Tempnology: SCOTUS Holds that Rejection of Trademark License in Bankruptcy Does Not Terminate the Right to Use the Mark Brinks Gilson & Lione
May
21
2019
TCPA Case Law Review (Vol. 9): How are there still this many TCPA cases? Vedder Price
May
20
2019
Yan v. ReWalk Robotics, Ltd.: No Substitute for Standing in the District of Massachusetts Pierce Atwood LLP
Apr
29
2019
First Circuit Confirms Broad Civil Immunity for Filing a SAR Ballard Spahr LLP
Apr
22
2019
Ninth Circuit’s Marks Opinion Continues to Extend its Reach Across the Country Womble Bond Dickinson (US) LLP
Apr
11
2019
Another First For Marks: Court Within First Circuit Court of Appeals Adopts Marks ATDS Definition for the First Time Squire Patton Boggs (US) LLP
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
Mar
20
2019
First Circuit Ruling Expands Liability for Discrimination by Non-Employers and Employers with Offsite Workers in Maine Pierce Atwood LLP
Mar
12
2019
ERISA Administrative Appeal Barred As Untimely Proskauer Rose LLP
Mar
11
2019
Can Employers Now Thwart Forum Shopping by Plantiffs in FLSA Class & Collective Actions? Epstein Becker & Green, P.C.
Mar
11
2019
Plaintiffs Not Entitled to Jury Trial for ERISA Breach of Fiduciary Duty Claims Proskauer Rose LLP
Mar
5
2019
One Way Out?: District Court Grants TCPA Defendant’s Request To Pursue Individual Discovery And Motions Before Class Discovery Squire Patton Boggs (US) LLP
Mar
4
2019
First Circuit Affirms Denial of a Motion to Compel Arbitration Based on Principles of Collateral Estoppel Carlton Fields
Feb
28
2019
Nestlé’s Non-Disclosure of Child and Slave Labor Issues on Packaging Not Deceptive or Unfair, Massachusetts Federal Court Holds Proskauer Rose LLP
Feb
21
2019
Non-signatory Third-Party Cannot Enforce Arbitration Clause in Contract Carlton Fields
Feb
19
2019
In re Celexa and Lexapro – The First Circuit Weighs in on China Agritech and American Pipe Tolling Pierce Atwood LLP
Feb
15
2019
First Cir. Sets Pleading Standard For FCA Whistleblower Retaliation Claims Proskauer Rose LLP
Feb
14
2019
First Circuit Rules That “Incorporation by Reference” of Collateral Description in UCC Financing Statements May Not Perfect Lien Mintz
Feb
5
2019
False Claims Act Whistleblower Prevails in First Circuit Appeal Zuckerman Law
Feb
1
2019
Recovering Consequential Damages Under General Liability Policies Barnes & Thornburg LLP
Jan
27
2019
Bankruptcy Court Weighs in on Conflicts of Interest in Business Transactions Sherin and Lodgen LLP
 

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