U.S. First Circuit

U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

SCOTUS Rejects 1st Cir. Planned Parenthood Case

SCOTUS decided to let stand a First Circuit decision to shield Planned Parenthood documents from an anti-abortion group. Customarily, SCOTUS did not give any reasoning for its decision.

Conservative justices Clarence Thomas and Antonin Scalia both dissented. They stated that confusion in the lower courts over the federal Freedom of Information Act should get SCOTUS review.

1st Circuit Rules Against Ex-Gun Owners in Gov't Fee Levying Case

The case of Jarvis v. Village Vault was decided by the First Circuit last week in favor of the Massachusetts business, Village Vault.

The legal issue revolves around how much government entanglement is needed in order to turn a seemingly private entity into an arm of the government thereby triggering due process concerns.

1st Circuit Court Dismisses Defamation Lawsuit Against Newsletter

The trouble began when Pan Am Railway Co. together with its former president, David Fink, sued Atlantic Northeast Rails and Ports in U.S. District Court in 2011. In Fink's complaint, he alleged that ANRP damaged his company by distributing defamatory articles via electronic and email newsletters.

Defendant Chalmers Hardenbergh responded with the legal equivalent of "so what?" and "don't shoot the messenger."

'Good Cause' Standard Not Needed to Amend Complaints

It's always nice when a panel of judges rule unanimously on a particular issue -- thereby creating the much sought after "bright-line" rule.

The three-judge panel of the First Circuit ruled that Massachusetts Judge Richard Stearns erred in applying the "good cause" standard when purported whistleblower, Jeffrey D'Agostino, sought to amend his complaint for a fourth time. D'Asostino, now an ex-sales rep for Covidien's vascular business, lost this job when Covidien fired him for blowing the cover to the feds on a kickback scheme.

In 2012, police in Portland, Maine declared a "public safety emergency." Too many people, it seemed, were panhandling. Asking "brother, can you spare a dime," the mendicants would often stand on busy street corners and medians, entreating drivers as they passed by. Concerned that panhandlers would stumble into traffic -- or just wanting to keep the poor out of sight and out of mind -- the Portland City Council adopted a resolution banning virtually all activity in median strips.

The law banned virtually every use of a media, except for passing over it when crossing a street. Standing, sitting, staying -- all were illegal when done on a median. That indiscriminate ban on "virtually all expressive activity" violates the First Amendment's guarantee of free speech, the First Circuit ruled last Friday.

Sorry gourmands, chefs, fast food line cooks, you cannot copyright a sandwich, no matter how tasty it might be. One forward-looking Puerto Rican gastronome learned that the hard way last Friday, when the First Circuit tossed his copyright violation suit over a chicken sandwich.

Way back in 1987, Norberto Colon Lorenzana convinced his employers at Church's Chicken to add a simple chicken sandwich alongside their deep-fried thighs and wings. The idea took off and the "Pechu Sandwich" soon became a staple in Puerto Rican Church's franchises. Almost twenty years later, seeing the continued sale of his sandwich, Colon Lorenzana cried fowl, arguing in court that the Church's chains were violating his copyright.

A Puerto Rican government worker has lost his political discrimination suit after the First Circuit ruled on Friday that he could show no evidence that his employment actions were politically motivated. Victor Santiago Diaz, a teacher and administrator in the island's Department of Education, had claimed that he suffered employment discrimination after a new political party came into power.

However, Santiago didn't have any strong evidence to back up that claim, the First Circuit ruled. Even worse -- the actions he objected to were hardly adverse and the supervisor most responsible for them was a member of his own political party.

Puerto Rico began accepting applications for marriage licenses from same-sex couples yesterday, less than three weeks after the Supreme Court ruled that gay and lesbian couples have a fundamental right to marriage. Puerto Rico was the only part of the First Circuit that had not legalized same-sex marriage prior to the Supreme Court's ruling in Obergefell.

The District Court of Puerto Rico was also one of the few federal courts to uphold a same-sex marriage ban in recent years. The First Circuit formally reversed that opinion in a brief judgment issued last Wednesday.

Sometimes you just need to switch it up, whether you're getting a new pair of sneaks or ending a 28 year long business arrangement. In 2013, Nike, the massive shoe and apparel company, decided it was time to make a change when its retailers severed the relationship with Carter's of New Bedford, a tiny, family-owned Massachusetts retailer. Carter's wasn't about to let Nike get away, however.

Carter's, alleging that Nike was turning its back on small businesses, sued the shoe company for breach of contract in Massachusetts court. Unfortunately for Carter's, Nike removed the case to federal court and had it dismissed. The issue? Nike's invoices contained a forum selection clause, limiting contract disputes to courts in Oregon, Nike's home state.

After Blessing Iwuala received his master's degree in business administration in Nigeria, he put his learning to use opening a medical supply company. When Iwuala teamed up with John Nasky, who ran a medical billing business, the two used Iwuala's company to circumvent Nasky's pervious ban from Medicare payments. Soon, Medicare payments for durable medical equipment left Iwuala "awash in a flood of easy money."

That arrangement netted Iwuala quick cash with little work, but it also landed him in jail when Nasky's fraudulent billing was revealed. Iwuala was sentenced to three and a half years in prison, despite his claims that he was an innocent dupe. On appeal, the First Circuit upheld his conviction in full.