Tag Archives: 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”

No Vacatur of the District Court’s Costs Order on Appeal Just Because the Parties Jointly Request It, First Circuit Holds

In Villeneuve v. Avon Prod., Inc., No. 20-1121 (1st Cir. Oct. 7, 2020) (per curiam), despite that the parties  settled on appeal and jointly request vacatur of an order below, the First Circuit holds that they should seek this request in the district court under Fed. R. Civ. P. 60(b)(5). In a prior decision, aContinue reading “No Vacatur of the District Court’s Costs Order on Appeal Just Because the Parties Jointly Request It, First Circuit Holds”

First Circuit Holds That Declaratory Judgment Is Not Final and Appealable Until A Declaration of Rights Is Entered

In WM Capital Partners 53, LLC v. Barreras, Inc., No. 19-1364 (1st Cir. Sept. 22, 2020), the First Circuit dismisses the appeal of a declaratory judgment where summary judgment was granted, but the district court had not yet entered a declaration. “Plaintiff-appellee WM Capital Partners 53, LLC (‘WM Capital’) filed this diversity action seeking aContinue reading “First Circuit Holds That Declaratory Judgment Is Not Final and Appealable Until A Declaration of Rights Is Entered”

Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split

In Donahue v. FNMA, No. 19-1618 (1st Cir. Aug. 14, 2020), the court holds that a notice of appeal filed before the last of the parties is dismissed does not confer appellate jurisdiction and cannot be corrected later by filing a voluntary dismissal in the district court. At least three circuits have held, to theContinue reading “Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split”