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Sidley Austin LLP | USA | 7 Jun 2022

DOJ Seeks to Avoid Supreme Court Review of Rule 9(b) Circuit Split; Argues Standard Has Largely “Converged”

There has been growing variation among courts of appeal over the appropriate pleading standard to apply under Rule 9(b) to the element of presentment…
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Shearman & Sterling LLP | USA | 2 Jun 2022

First Circuit Affirms Dismissal Of Putative Securities Class Action Against Bank For Alleged Failure To Disclose Deteriorating Bond Market Conditions

On May 20, 2022, the United States Court of Appeals for the First Circuit affirmed the district court’s dismissal of claims under Section 10(b) of…
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Baker McKenzie | USA | 26 May 2022

Forum-Selection Clause. First Circuit vacates the district court's dismissal, holding that the district court erred in characterizing the forum-selection clause at issue as mandatory.

In 2009, Plaintiff Zuleyka Rivera—the winner of the 2006 Miss Universe Title—entered into an agreement (the "Agreement") with Defendant Kress Stores…
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Kilpatrick Townsend & Stockton LLP | USA | 24 May 2022

First Circuit Court of Appeals Limits the Diligent Prosecution Bar to Clean Water Act Citizen Suits

The Clean Water Act, like many environmental laws, provides a supplementary enforcement mechanism, allowing citizens to sue any person who is alleged…
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Buckley LLP | USA | 12 May 2022

1st Circuit: Bankruptcy Code “unequivocally strips tribes” of their sovereign immunity to sue

On May 6, the U.S. Court of Appeals for the First Circuit reversed a district court’s decision, ruling that American tribes are not exempt from…
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Sidley Austin LLP | USA | 5 May 2022

First Circuit Holds State Administrative Enforcement Does Not Bar a Subsequent Clean Water Act Citizen Suit for Injunctive Relief

On April 28, 2022, the U.S. Court of Appeals for the First Circuit, sitting en banc, considered in Blackstone Headwaters Coalition, Inc. v. Gallo…
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Maurice Wutscher LLP | USA | 25 Apr 2022

1st Cir. Holds FCA Does Not Require Lender to Propose Pre-Foreclosure Restructuring Plan

The U.S. Court of Appeals for the First Circuit recently held that the federal Farm Credit Act does not require a lender to propose a restructuring…
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Shearman & Sterling LLP | USA | 19 Apr 2022

First Circuit Holds That Concerted Action By Independent Contractor Jockeys Seeking Better Pay Is Protected Conduct Under The Labor-Dispute Exemption

On April 4, 2022, the United States Court of Appeals for the First Circuit reversed a district court’s ruling that a group of jockeys violated…
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McDermott Will & Emery | USA | 31 Mar 2022

Re-Poster Child for § 230: Immunity under the CDA for Reposting Content of Another

The US Court of Appeals for the First Circuit affirmed a district court’s decision to dismiss claims for defamation under the Communications Decency…
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Shawe Rosenthal LLP | USA | 31 Mar 2022

Be Careful Not to Assume That an Inquiry About Severance Is a Resignation

This was the lesson from a recent case, in which the U.S. Court of Appeals for the First Circuit found that the employer’s mistaken assumption…
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