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”

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”