First Circuit – Paul Mollica's Federal Courts Blog

Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)

In United States v. Ernst Jacob GmbH & Co. KG, No. 23-1969 (1st Cir. Oct. 23, 2025), the First Circuit rejects a holding in the Fifth Circuit and holds that a third-party defendant’s complaint for subrogation or contribution is enough to give a U.S. Court of Appeals jurisdiction over an interlocutory appeal under 28 U.S.C.Continue reading “Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)”

Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit

In Rosenthal v. Bloomingdales.com, LLC, No. 23-1683 (1st Cir. May 9, 2024), a First Circuit panel holds that the inclusion of a session replay provider (SRP) on a commercial website hosted out of state, which allegedly permitted surveillance of customers, did not create grounds for specific personal jurisdiction against the store in the state whereContinue reading “Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit”

Plaintiff Should Not Have Rested on Complaint Allegations to Establish Amount in Controversy in Diversity Case, Holds First Circuit

In Andersen v. Vagaro, Inc., No. 22-1471 (1st Cir. Jan. 3, 2022), The First Circuit affirms dismissal for lack of subject matter jurisdiction where the plaintiff, though duly warned, failed to allege facts or present evidence to support that amount in controversy exceeded $75,000 was required by 28 U.S.C. § 1332(a). “Andersen owned and operatedContinue reading “Plaintiff Should Not Have Rested on Complaint Allegations to Establish Amount in Controversy in Diversity Case, Holds First Circuit”

Federal Case That May Require Assessing Damage to Decedent’s Estate Assets Not Barred by the Probate Exception to Federal Jurisdiction, Holds First Circuit

In Glassie v. Doucette, No. 21-1761 (1st Cir. Dec. 5, 2022), the First Circuit reverses dismissal of a civil action on federal subject-matter jurisdiction grounds, holding that the so-called probate exception did not apply even though the case may require the district court to award damages for the loss in value of a decedent estate.Continue reading “Federal Case That May Require Assessing Damage to Decedent’s Estate Assets Not Barred by the Probate Exception to Federal Jurisdiction, Holds First Circuit”

Fed. R. Civ. P. 11 Does Not Apply to Pleadings Filed in State Court and Then Removed by the Defendant, Holds First Circuit

In Guaetta & Benson, LLC v. McArdle, No. 22-1034 (1st Cir. Oct. 28, 2022), the First Circuit reversed Fed. R. Civ. P. 11 sanctions, holding as a matter of law that Rule 11 did not apply to complaints filed in state court and then removed to federal court. “On February 7, 2017, Nicholas Triantos suedContinue reading “Fed. R. Civ. P. 11 Does Not Apply to Pleadings Filed in State Court and Then Removed by the Defendant, Holds First Circuit”

First Circuit Sides with Eleventh Circuit in Holding that a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing

In Laufer v. Acheson Hotels, LLC, No. 21-1410 (1st Cir. Oct. 5, 2022), the First Circuit agreed with the Eleventh Circuit – and broke with the Second, Fifth, and Tenth Circuits – that a disabled tester suffers an injury, worthy of Article III standing, when they cannot access information on a hotel reservation website inContinue reading “First Circuit Sides with Eleventh Circuit in Holding that a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing”

On Remand from U.S. Supreme Court, First Circuit Upholds Original Decision to Remand Massive Fossil-Fuel Case to Rhode Island State Court

The First Circuit returns to State of Rhode Island v. Shell Oil Prods. Co., LLC, No. 19-1818 (1st Cir. May 24, 2020) – previously discussed on this blog on November 20, 2020 (No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit) – and addresses the unansweredContinue reading “On Remand from U.S. Supreme Court, First Circuit Upholds Original Decision to Remand Massive Fossil-Fuel Case to Rhode Island State Court”

Absolute Legislative Immunity Bars Federal Action Against N.H. State Legislature to Institute Procedures for Remote Voting During COVID Pandemic

In Cushing v. Packard, No. 21-1177 (1st Cir. Mar. 25, 2022), the en banc First Circuit – dividing 3-2 – holds that federal common-law legislative immunity bars an Americans with Disability Act (ADA) and Rehabilitation Act action to order the New Hampshire House of Representatives (House) to institute remote voting for medically vulnerable state representativesContinue reading “Absolute Legislative Immunity Bars Federal Action Against N.H. State Legislature to Institute Procedures for Remote Voting During COVID Pandemic”

First Circuit, Departing from Second Circuit, Holds that Federal Courts Lack Authority to Release Grand Jury Records in “Historically Significant” Cases

In In Re Petition Records Release (Lepore v. United States), No. 20-1836 (1st Cir. Feb. 28, 2022), the First Circuit sidesteps whether federal courts have inherent authority to release grand jury proceedings from long-completed cases, outside of Fed. R. Crim. P. 6(e). It instead holds, whether or not such power exists, it cannot be exercisedContinue reading “First Circuit, Departing from Second Circuit, Holds that Federal Courts Lack Authority to Release Grand Jury Records in “Historically Significant” Cases”