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
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
Apr
29
2021
Fourth Estate Registration Requirement Defeats Pro Se Copyright Infringement Plaintiff McDermott Will & Emery
Jan
29
2016
When a Bar is Not a Bar: First Circuit Denies En Banc Rehearing of First-To-File Bar Ruling McDermott Will & Emery
Jul
8
2016
First Circuit Rejects FCA Suit On Public Disclosure Grounds McDermott Will & Emery
Jan
27
2017
Three Key Employee Benefit Plan Issues for Health Systems in 2017 McDermott Will & Emery
Apr
29
2021
School’s Out: Trademark Settlement Agreement Enforceable McDermott Will & Emery
Sep
21
2023
In Good Hands: Compilation of Publicly Available Information Can Still Be a Trade Secret McDermott Will & Emery
Mar
10
2013
Use of Candid Photo in Poster Not Copyright Infringement McDermott Will & Emery
Jul
10
2017
Massachusetts Sets Energy Storage Target McDermott Will & Emery
Sep
29
2015
Chicken Sandwich Recipe, Name Not Eligible for Copyright Says First Circuit McDermott Will & Emery
Feb
8
2016
District of Massachusetts Rejects Relators’ Attempt to Convert Products Liability Theory into FCA Claim McDermott Will & Emery
Jan
31
2017
Trademarks, Trade Names Not Protected by Bankruptcy Law, but Licensee Rights Prevail McDermott Will & Emery
Jul
11
2017
First Circuit Court Tosses Complaint After Finding of Misconduct McDermott Will & Emery
Oct
26
2018
“Close-Call” Involving Recurrent Online Sales Triggers Minimum Contacts, Specific Jurisdiction McDermott Will & Emery
Dec
8
2022
Words Matter: Court Sides with Translation Company in Insurance Coverage Dispute McDermott Will & Emery
Feb
5
2024
Court Finds Red Cross Has Antitrust Immunity, Rejecting Broad Interpretation of the Sherman Act McDermott Will & Emery
Feb
17
2020
Humira: How far can drug makers go to protect their branded market? Wiggin and Dana LLP
Aug
31
2022
Massachusetts Contractor Retaliated Against Injured Immigrant Worker; Jury Awards $650K in Damages Norris McLaughlin P.A.
Nov
10
2017
Location, Location, Location: New Website Accessibility Decision May Encourage Forum Shopping Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
12
2021
First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
27
2019
First Circuit Rules Inconsistent SSDI Statements Doom ADA Claim Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
9
2024
First Circuit Says Maine Equal Pay Law Does Not Require Discriminatory Intent Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
10
2020
First Circuit Holds FAA Does Not Drive Independent Contractors’ Class Action Wage Claims Case Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
30
2022
Employee Activism, Safety, and Support Amid Difficult Issues Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
20
2020
First Circuit Rules on Post-employment Restrictions as COVID-19 Restrictions Ease and Employees Return to Work Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
21
2023
First Circuit Holds That Puerto Rico’s Law 41-2022 Is Null and Void Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
7
2017
First Circuit Refuses to Recognize Section 1981 Private Right of Action for Damages Against State Actors Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
7
2017
First Circuit Applies FAA Transportation Worker Exception to Independent Contractors Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
2
2018
Louisiana Court Clarifies Prescriptive Period Under State Employment Discrimination Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
16
2021
Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
13
2017
Massachusetts Federal Court Decision Highlights the Importance of FMLA Training and Compliance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
30
2023
Louisiana Appellate Court Finds Nondiscretionary Production Bonus Based on Employee Work Is a “Wage” Payable at Termination Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
28
2020
Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
25
2021
First Circuit Enforces Delegation Clause in Arbitration Agreement Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
14
2023
First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
7
2022
First Circuit Creates Split Regarding Federal Court Jurisdiction Over FLSA Multistate Collective Actions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
20
2023
U.S. District Court in Massachusetts Weighs in on the ‘Material Change’ Doctrine and Nurse Noncompetition Exemption Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
20
2023
Federal Judge Rules Grocery Store Did Not Retaliate Over Facemask Dress Code Policy Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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