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
31
2015
District Judge Finds Some Claims Precluded, Others Not – By A Degree Proskauer Rose LLP
Aug
26
2022
First Circuit: FCPA is not a “Rule or Regulation of the SEC” Under SOX Whistleblower Provision Proskauer Rose LLP
Mar
28
2017
Mobile Payment Patent Remains Legal Tender after Alice Challenge Proskauer Rose LLP
Jun
20
2017
Computer-Based Publishing Patent Goes Offline after Alice Inquiry Proskauer Rose LLP
Dec
3
2019
Sun Capital Update: First Circuit Finds Private Equity Funds Not Liable for Portfolio Company’s Pension Liabilities Proskauer Rose LLP
Nov
5
2014
First Circuit Enforces Appeal Deadlines Stated In SPD, But Not Plan Document Proskauer Rose LLP
Mar
3
2015
Google Remains on the Hook After Summary Judgment Denied re: Patent Infringement Proskauer Rose LLP
Sep
23
2015
Plaintiff Avoids Headache of Having Its Thermometer Patent Invalidated at Summary Judgment Proskauer Rose LLP
Sep
8
2016
Mobile App Video Privacy Protection Act Suit Survives Spokeo Standing Challenge Proskauer Rose LLP
Nov
30
2016
Future and Unreleased Products Can’t Drive Patent Litigation Proskauer Rose LLP
Oct
3
2019
District of Rhode Island Dismisses In-House Attorney’s SOX Whistleblower Claim for Lack of Protected Activity Proskauer Rose LLP
Jul
28
2020
First Circuit Affirms No Duty to Disclose Upstream Labor Abuses on Chocolate Packaging Proskauer Rose LLP
Apr
29
2015
First Circuit Reviews Top Hat Plan Benefits Denial for Abuse of Discretion Proskauer Rose LLP
Jan
29
2016
Massachusetts: Relating a Software Copyright Infringement Claim Back to its Source Proskauer Rose LLP
Dec
2
2016
Sunrise’s Infringement Complaint Gets the Green Light Proskauer Rose LLP
Oct
24
2017
Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website “Browsewrap” License to User Generated Content Proskauer Rose LLP
Jun
11
2018
Summary Judgment Stalemate in Copyright Spat Between Former Collaborators Proskauer Rose LLP
Oct
19
2018
Inventorship Claim in Disease Treatment Patent Dispute Survives Motion to Dismiss Proskauer Rose LLP
Feb
15
2019
First Cir. Sets Pleading Standard For FCA Whistleblower Retaliation Claims Proskauer Rose LLP
May
6
2015
Foreign Corporations and the Long Arm of the Law Proskauer Rose LLP
Jul
29
2014
Valuing a Secured Creditors Collateral: A Time Frame Bilzin Sumberg
Jul
14
2015
What Every ERISA Fiduciary Should Consider About Float Income Covington & Burling LLP
Sep
11
2014
First Circuit Affirms $50 Million Tax Refund for FCA Settlement Payments Covington & Burling LLP
Oct
5
2018
Another Federal Court Rules That Virtual Currency Is a Commodity Covington & Burling LLP
Jul
24
2014
Summary Judgment for Insurer Was Proper as it Had Cancelled Policy Several Months Prior to the Accident for Non-Payment of Premiums Heyl, Royster, Voelker & Allen, P.C.
Feb
3
2018
Recent Challenges to the Use of Hair Follicle Drug Testing Heyl, Royster, Voelker & Allen, P.C.
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
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
Aug
4
2016
“Good Faith” Off-Label Promotions Saved Ex-Acclarent Execs from Felony Misbranding Indictments Epstein Becker & Green, P.C.
Mar
11
2019
Can Employers Now Thwart Forum Shopping by Plantiffs in FLSA Class & Collective Actions? Epstein Becker & Green, P.C.
Apr
9
2021
Alston v. Spiegel: A Reminder That Sanctions May Provide Employers with a Tool to Deter Frivolous Suits Epstein Becker & Green, P.C.
Jan
4
2017
Will Requiring Flu Vaccinations Leave Employers Feeling Under the Weather? Epstein Becker & Green, P.C.
Aug
24
2023
First Circuit Upholds Employer’s Discretion to Reduce Commission Payments Under the Massachusetts Wage Act Epstein Becker & Green, P.C.
Jun
12
2017
First Circuit Reverses NLRB: Rude Employee Is Not Immune from Termination Solely Because He Was Engaged in Protected Activity Epstein Becker & Green, P.C.
Apr
10
2020
First Circuit: Massachusetts Employee Must Abide by a Restrictive Covenant Governed by a Delaware Choice of Law Clause – the More Things Change, the More They Stay the Same, Part II Epstein Becker & Green, P.C.
 

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