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.

Custom text Title Organization
Dec
5
2018
Clash of the Titans Pierce Atwood LLP
Nov
27
2018
Defend Trade Secrets Act Claims Subject to CDA Section 230 Immunity Proskauer Rose LLP
Nov
20
2018
Undisputed? Allegations of Inconsistent Communications from Auto Lender Survive Motion to Dismiss 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
10
2018
First Circuit on Gould v. Morgan: Guns In the Street Pierce Atwood LLP
Nov
7
2018
In re Asacol Antitrust Litigation: Article III Standing in Multi-State Class Actions Pierce Atwood LLP
Nov
6
2018
First Circuit Holds Defendants Have Burden to Negate Loss Causation in ERISA Fiduciary Duty Cases McDermott Will & Emery
Oct
30
2018
District Court Denies Class Certification Due to Individualized Issues of Consent Faegre Drinker
Oct
26
2018
Marks Makes its Mark: First District Court TCPA Decision Relying On Marks Upholds Threadbare ATDS Pleadings Womble Bond Dickinson (US) LLP
Oct
26
2018
“Close-Call” Involving Recurrent Online Sales Triggers Minimum Contacts, Specific Jurisdiction McDermott Will & Emery
Oct
19
2018
Inventorship Claim in Disease Treatment Patent Dispute Survives Motion to Dismiss Proskauer Rose LLP
Oct
9
2018
Another Court Rules Virtual Currencies are Commodities Subject to CFTC Oversight Faegre Drinker
Oct
5
2018
Another Federal Court Rules That Virtual Currency Is a Commodity Covington & Burling LLP
Oct
5
2018
Don’t Remand Me: Court Denies Motion to Remand FCRA Case Womble Bond Dickinson (US) LLP
Oct
1
2018
Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name Foley & Lardner LLP
Sep
12
2018
Court Disqualifies Law Firm in Patent Suit, Finding No Quick Fix for Rule 1.7 Violation Proskauer Rose LLP
Aug
9
2018
First Circuit Deems Hyperlink Inconspicuous, Reverses Order Compelling Arbitration Faegre Drinker
Jul
24
2018
Brown University Only Partially Successful in 403(b) Lawsuit McDermott Will & Emery
Jul
19
2018
Tempting Fate: What Trademark Licensees Stand to Lose (or Win) Squire Patton Boggs (US) LLP
Jul
18
2018
USCIS Requests for Evidence to Petitioners Before Application Denials to Become Discretionary Jackson Lewis P.C.
Jul
2
2018
First Circuit Holds Online Arbitration Agreement Must Be "Reasonably Communicated and Accepted" Ballard Spahr LLP
Jun
29
2018
Tobacco Product Listing Update Due by June 30, 2018 for U.S. Manufacturing Establishments Keller and Heckman LLP
Jun
25
2018
Appeals Court Offers Path for Challenging ZBA’s Failure to Act Beveridge & Diamond PC
Jun
25
2018
Case Closed: Nonprofits Eligible for Brownfields Tax Credits for Pre-2006 Cleanups Beveridge & Diamond PC
Jun
21
2018
“Blatant and Unapologetic” Judge Shopping Warrants “Exceptional Case” Determination Proskauer Rose LLP
Jun
18
2018
Physical Ability Tests: How Employers Can Minimize Their Risks Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
11
2018
Summary Judgment Stalemate in Copyright Spat Between Former Collaborators Proskauer Rose LLP
May
29
2018
Keeping Special Revenues “Special” Squire Patton Boggs (US) LLP
May
23
2018
Reviewing Administration of Retirement Plan Loans Faegre Drinker
May
8
2018
First Circuit Nixes ADA Suit Finding that Disabled Employee Was Not A “Qualified Individual” (US) Squire Patton Boggs (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
May
2
2018
Louisiana Court Clarifies Prescriptive Period Under State Employment Discrimination Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
17
2018
Sex + Discrimination = Liability, Says First Circuit Sheppard, Mullin, Richter & Hampton LLP
Apr
2
2018
False Claims Act Retaliation Claim Does Not Preempt Massachusetts Wrongful Discharge Claim Zuckerman Law
Mar
14
2018
Marketplace Lending Update: Who’s My Lender? Cadwalader, Wickersham & Taft LLP
Mar
7
2018
Cold to Mootness Challenge, But Warm to Inequitable Conduct Defenses Proskauer Rose LLP
Mar
2
2018
Rejecting Trademarks and Exclusive Distribution Rights in Bankruptcy McDermott Will & Emery
Mar
1
2018
Defense Counsel Narrowly Avoids Sanctions for Re-Litigating Decided Issues McDermott Will & Emery
Feb
12
2018
The First Circuit Casts a Shadow on Sunbeam Mintz
Feb
8
2018
Scope of Brain Imaging Patent Dispute Comes into Focus Proskauer Rose LLP
Feb
5
2018
Even If Sexual Orientation And Gender Identity Are Not Covered By Title VII -- Very Much an Open Question -- LGBTQ Employees May Find a Way to Sue You Foley & Lardner LLP
Feb
3
2018
Recent Challenges to the Use of Hair Follicle Drug Testing Heyl, Royster, Voelker & Allen, P.C.
Feb
2
2018
Recent First Circuit Decision Illustrates Overlap Between Title VII Gender and Sexual Orientation Claims (US) Squire Patton Boggs (US) LLP
Feb
1
2018
Are Trademark Licenses Protected In A Licensor Bankruptcy? The Circuits Are Split. Squire Patton Boggs (US) LLP
Jan
29
2018
Court’s Detailed Rejection of Plea Leads to New Bargain Squire Patton Boggs (US) LLP
Jan
15
2018
Employee’s Refusal to Take Drug Test Could Not Support Age and Gender Discrimination Claims Jackson Lewis P.C.
Jan
9
2018
The Pendulum Continues To Swing On The Scope Of IPR Estoppel Squire Patton Boggs (US) LLP
Dec
28
2017
Massachusetts Appeals Court Upholds Liability Insurer’s Contractual Right to Settle Mintz
Dec
21
2017
Westport’s Novel Claims for PCB Remediation Costs End at First Circuit Beveridge & Diamond PC
Dec
20
2017
Making VHS Relevant Again: The Uncertain Scope of Personal Information Protected by the Video Privacy Protection Act of 1988 Proskauer Rose LLP
 

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