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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Mar
14
2013
Unnecessary Nominative Use May Not Be Trademark Infringement Hunton Andrews Kurth
Oct
27
2021
Court Approves Settlement with HelloFresh Over Alleged TCPA Violations Hunton Andrews Kurth
Dec
27
2022
First Circuit Holds Local Delivery Drivers Are Subject to the FAA Hunton Andrews Kurth
Jul
12
2011
eBay Standard Applies to Preliminary Injunctions in Trademark Cases McDermott Will & Emery
Feb
16
2017
Structuring Private Equity Deals in 2017: Considerations for Buyers While They Wait for the Sun Capital Appeals to Play Out McDermott Will & Emery
Mar
2
2018
Rejecting Trademarks and Exclusive Distribution Rights in Bankruptcy McDermott Will & Emery
Nov
4
2021
It’s Not Esoteric: Absent Ambiguity, Plain Contractual Language Governs McDermott Will & Emery
Aug
11
2011
Strict Proportionality Not Required Between Attorneys’ Fees and Damages McDermott Will & Emery
Dec
22
2016
First Circuit Affirms Dismissal of Former Sales Representative’s False Claims Act Claims Against Medical Device Manufacturer McDermott Will & Emery
Oct
5
2011
EMC Corp. Should Have Drafted a Better Non-Competition Clause McDermott Will & Emery
Oct
2
2012
Holy Infringement!—Noncommercial Infringement Is Not Fair Use McDermott Will & Emery
Jun
7
2016
Massachusetts District Court Dismisses FCA Claims Based on Fraudulent Off-Label Promotion for Lack of Particularity McDermott Will & Emery
Aug
23
2016
Taxpayer Argues First Circuit Should Not Follow Tax Court Decision by Judge Indicated for Tax Fraud McDermott Will & Emery
Oct
27
2016
Use of Judicial Notice in Likelihood of Confusion Analysis Held Improper McDermott Will & Emery
Jul
24
2018
Brown University Only Partially Successful in 403(b) Lawsuit McDermott Will & Emery
Apr
3
2020
Lightbulb Moment: It’s Possible to Grant an Implied Copyright Sublicense McDermott Will & Emery
Mar
31
2022
Re-Poster Child for § 230: Immunity under the CDA for Reposting Content of Another McDermott Will & Emery
Nov
6
2012
For a Product to Be “Derived from” Another, It Must Copy Novel Aspects of the Original Product McDermott Will & Emery
Nov
28
2013
eBay Customers as Likely to be Confused as Anyone Else Re:Trademark Infringement McDermott Will & Emery
Aug
23
2022
Courts Outline Boundaries of the Anti-Injunction Act Post-CIC Services McDermott Will & Emery
Nov
17
2011
Constitutional Challenge to (File Sharing) Damage Award Rebuffed McDermott Will & Emery
May
5
2014
First Circuit Stays on the Fence Regarding Application Versus Registration Approach McDermott Will & Emery
Sep
30
2021
A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre McDermott Will & Emery
Apr
1
2012
Yer Out at Home—Copyright Infringement Lawsuit Against Jon Bon Jovi Strikes Out McDermott Will & Emery
Dec
30
2015
First Circuit Rules on Crime-Fraud Exception to Attorney-Client Privilege McDermott Will & Emery
Apr
22
2021
Inventions Not Made Under Employment Agreement McDermott Will & Emery
Aug
25
2022
Can’t Dismiss Lanham Act Claim Based on FDCA Preemption McDermott Will & Emery
Apr
2
2012
Award of Attorneys’ Fees in Copyright Cases Not Beholden to Lodestar Method McDermott Will & Emery
Aug
3
2013
Next Time, Buy the CDs, Re: Illegal Music Download McDermott Will & Emery
Aug
27
2015
A Joint Author Does Not Own Derived Material McDermott Will & Emery
Jan
19
2017
First Circuit Deems Request for Leave to File Fourth Amended False Claims Act Complaint Futile McDermott Will & Emery
Dec
3
2019
Finally! First Circuit Overturns The Sun Capital ERISA Multiemployer Plan Liability Case—But Risks Remain For Private Equity McDermott Will & Emery
Feb
3
2022
Can’t Presume Personal Jurisdiction Exists When Challenged McDermott Will & Emery
May
25
2023
First Circuit: Claim Preclusion Shouldn’t Apply to Bar Claims Under VARA McDermott Will & Emery
Nov
2
2020
The Jury Returns to D. Mass. McDermott Will & Emery
 

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