First Circuit Holds That Lawsuit Between U.S. Citizens Over a Collision in the South Aegean Sea Belongs in a Stateside Federal Court

In Curtis v. Galakatos, No. 20-1846 (1st Cir. Nov. 29, 2021), the First Circuit reverses dismissal of a personal injury action on forum non conveniens grounds, where the parties are American citizens, but the accident took place in Greece. In 2018, in the area of the Paros-Antiparos Strait, a boat owned by defendant Galakatos (M/VContinue reading “First Circuit Holds That Lawsuit Between U.S. Citizens Over a Collision in the South Aegean Sea Belongs in a Stateside Federal Court”

First Circuit Holds That Massachusetts-Based Court Lacked Personal Jurisdiction Over Foreign Website That Allegedly Defamed a Domestic Resident

In Lin v. TipRanks, Ltd., No. 20-1001 (1st Cir. Nov. 23, 2021), the First Circuit elides a difficult question of personal jurisdiction – whether federal constitutional due process “permits a defamation plaintiff to assert personal jurisdiction over an out-of-forum defendant that operates a for-profit website that trades on assertions about individuals’ reputations, absent the defendantContinue reading “First Circuit Holds That Massachusetts-Based Court Lacked Personal Jurisdiction Over Foreign Website That Allegedly Defamed a Domestic Resident”

Plaintiffs Lack Standing in Suit to Order National Archivist to Publish Equal Rights Amendment, Holds First Circuit

In Equal Means Equal v. Ferriero, No. 20-1802 (1st Cir. June 29, 2021), the First Circuit holds that two orgnaizations and an individual citizen lacked an “injury” for standing in a lawsuit to order the National Archives to record the Equal Rights Amendment as “the duly ratified 28th Amendment to the U.S. Constitution.” “The plaintiffsContinue reading “Plaintiffs Lack Standing in Suit to Order National Archivist to Publish Equal Rights Amendment, Holds First Circuit”

First Circuit Holds That Bankruptcy Rules, Rather Than Federal Rules of Civil Procedure, Govern Cases Proceeding Under 28 U.S.C. § 1334(b)

In Roy v. Canadian Pacific Railway Co., No.  17-1108 (1st Cir. June 2, 2021), the First Circuit decides an issue of first impression and holds that those cases proceeding in the district court as “related to” a pending bankruptcy proceeding, 28 U.S.C. § 1334(b), follow the Federal Rules of Bankruptcy Procedure rather than the FederalContinue reading “First Circuit Holds That Bankruptcy Rules, Rather Than Federal Rules of Civil Procedure, Govern Cases Proceeding Under 28 U.S.C. § 1334(b)”

First Circuit Finds an “Exception to the Exception” of the Merger Rule to Review Interlocutory Order

In Commonwealth Sch. Inc. v. Commonwealth Acad. Holdings, No. 20-1112 (1st Cir. Apr. 14, 2021), the First Circuit holds that it has appellate jurisdiction over an interlocutory order denying enforcement of a settlement, in a case testing the length of an exception to the merger rule. The parties, two private schools, were locked in aContinue reading “First Circuit Finds an “Exception to the Exception” of the Merger Rule to Review Interlocutory Order”

First Circuit Holds That District Court Erred in Striking Summary Judgment Exhibits on Authentication Grounds

In Joseph v. Lincare, Inc., No. 20-1396 (1st Cir. Mar. 2, 2021), the panel vacates summary judgment in a race discrimination employment case. It holds that the district court erroneously excluded important exhibits filed by the plaintiff, produced by the defendants in discovery, on spurious authentication grounds. During Joseph’s brief tenure as a sales representativeContinue reading “First Circuit Holds That District Court Erred in Striking Summary Judgment Exhibits on Authentication Grounds”

First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable

In New Hampshire Lottery Comm’n v. Rosen, No. 19-1835 (1st Cir. Jan. 20, 2021), the panel holds that it had jurisdiction over New Hampshire’s challenge to the Department of Justice (DOJ) memoranda about enforcement of the Wire Act which, if implemented, might prevent the state from selling lottery tickets over the internet. Section 1084(a) ofContinue reading “First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable”

First Circuit Refuses Appellate Jurisdiction Over Denial of TRO in a COVID-19 Closure Case

In Calvary Chapel of Bangor v. Mills, No. 20-1507 (1st Cir. Dec. 22, 2020), the panel denies appellate jurisdiction over the district court’s denial of a temporary restraining order (TRO), sought by a religious organization challenging the state’s emergency measures in response to the coronavirus pandemic. On April 29, 2020, after implementing a statewide shutdownContinue reading “First Circuit Refuses Appellate Jurisdiction Over Denial of TRO in a COVID-19 Closure Case”

“Indicia of Membership” Test Does Not Apply to Traditional Voluntary Membership Organization to Assess Associational Standing, Holds First Circuit

In Students for Fair Admissions v. President & Fellows of Harvard, No. 19-2005 (1st Cir. Nov. 12, 2020), the First Circuit – in an opinion upholding Harvard College’s admissions policy against a civil rights challenge – addresses the associational standing of the organization that brought the lawsuit. Students for Fair Admissions, Inc. (“SFFA”) filed suitContinue reading ““Indicia of Membership” Test Does Not Apply to Traditional Voluntary Membership Organization to Assess Associational Standing, Holds First Circuit”

No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit

In State of Rhode Island v. Shell Oil Prods. Co., LLC, No. 19-1818 (1st Cir. Oct. 29, 2020), the First Circuit joins the majority of circuits in holding that the appeal of a federal-officer removal argument under 28 U.S.C. § 1447(d) does not expose the entire remand order to appellate review. (This issue is nowContinue reading “No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit”