Product Description

Recent updates:

• Update: September 2021

  Dear Subscriber:

  Thank you for choosing to keep your copy of Federal Civil Litigation in the First Circuit current with this latest supplement for 2021. Inside, you will find new material on a spectrum of topics, including the following:

  • Summary judgment. See chapter 1, Exhibit 1A for several newly added case decisions regarding summary judgment in various courts within the First Circuit, many of them very recently decided.

  • Highly sensitive documents. See chapter 3 for a new discussion of the U.S. District Court for the district of Massachusetts' Standing Order 21-1 (Order Regarding Highly Sensitive Documents, Service, and Management) in response to recent disclosures of widespread breaches of both private sector and government computer systems.

  • Deposition practice. Chapter 3 also includes a practice note on depositions by written examination.

  • Sanctions. See chapter 5 for discussion of recent District Court decisions that have found jurisdiction to resolve motions for sanctions under Rules 30(d) and 37 notwithstanding a pending appeal, as long as the issues on appeal are separate from the issues raised in the sanctions motion.

  • Sealed motions. See chapter 10, which notes the Local Rule 11.0(c) provision with regard to sealing motions in the District Court for transmission to the Court of Appeals and the impact on public documents.

  • Electronic filing and formatting requirements. Also see chapter 10 for information electronic filing requirements and formatting requirements under Fed. R. App. P. 25(a)(2)(B)(i) and Loc. R. 25(a)(3) and (4).

  • "State Created Danger" theory. See chapter 12 for discussion of a 2020 Maine case wherein the First Circuit adopted the "State Created Danger" theory of substantive due process liability and also denying qualified immunity to police officers under this theory.

  • Racketeering. See chapter 13 for a 2021 case on the issue of the RICO "direct relationship" requirement, linking predicate acts and a plaintiff's injuries.

  • Discovery disputes. Find a practice not in chapter 17 that provides information on particular judges' practices.

  We at MCLE trust that you will find this new material useful in your law practice, and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

• Update: August 2019

  Dear Subscriber:

  Thank you for choosing to update your federal civil litigation law library with this first supplementary issue for the third edition of Federal Civil Litigation in the First Circuit.

  • Service of process: See Chapter 1 for an appellate decision that dismissed a complaint for insufficient service of process where service on a corporation was addressed to the corporation rather than an officer or member.

  • Sanctions: See Chapter 2 for a cite to Trump v. International Refugee Assistance Project , 137 S. Ct. 2080 (2017), which commented on preliminary injunction as a means whereby to balance the equities as the litigation moves forward.

  • Discovery: See Chapter 3 for a Practice Note on the topic of parties' agreement to identify documents by general category in their initial disclosures. Read about the exceptions to this practice.

  • Attorney fees: See Chapter 8, which addresses a 2019 Supreme Judicial Court decision regarding the fee-shifting provisions of the Massachusetts Wage Act, G.L. c. 149, §§ 148 and 150, as it applied to former employees who received a favorable settlement of their wage claim against their employer, and "prevailed" in their suit for purposes of an award of attorney fees under the Wage Act.

  • Selected federal evidentiary issues: See Chapter 6 for new distinctions between federal and Massachusetts practice with regard to evidentiary issues.

  • ADR: See Chapter 9 for an updated list of the ADR local rules citations, dates of currency, and Web addresses.

  • Rule 16: See Chapter 11 for a new discussion of instances wherein leave to amend the complaint is sought after the cutoff date established in the order, and the "good cause" standard imposed by Fed. R. Civ. P. 16(b).

  • Superfund: See Chapter 16 for discussion of dicta in a 2018 case in the District of Massachusetts, where the court distinguished between removal and remedial actions and determined when a removal action transitions to a remedial action.

  • Foreign judgments: See Chapter 22 for new discussion concerning awards within the New York Convention.

  This is just a small sample of the updates to be found in the 2019 supplement. We at MCLE trust that you will find this new material to be useful in your federal civil litigation practice, and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

• Update: July 2017

  Dear Subscriber:

  Thank you for choosing to update your federal civil litigation law library with this third edition of Federal Civil Litigation in the First Circuit.

  • See Chapter 1 for summaries of eight federal decisions on the topic of employment discrimination law.

  • See Chapter 3 for discussion of recent developments relative to discov-ery.

  • See Chapter 5 for an interesting treatment of the impact of foreign ju-risdictions on Rule 11 sanctions.

  • See Chapter 6 for information on the doctrine of verbal completeness, where a statement is offered against a defendant as an admission.

  • See Chapter 9 for new commentary relative to arbitration and its impact on case management.

  This is just a small sample of the updates to be found in the third edition.

  We at MCLE trust that you will find this new material to be useful in your feder-al civil litigation practice, and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Summary Judgment and Other Threshold Dispositive Motions

Buy Chapter

Francis D. Dibble, Jr., Esq., Bulkley, Richardson and Gelinas LLP
Jodi K. Miller, Esq., Bulkley, Richardson and Gelinas LLP
Jeffrey E. Poindexter, Esq.,

Exhibit 1A

- Selected Summary Judgment Cases by Subject Buy Form

Chapter 2 expand

Preliminary Injunctions and Temporary Restraining Orders

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Joseph S. Berman, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers
Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Chapter 3 expand

Discovery

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Timothy J. Fazio, Esq., Manning Gross + Massenburg, LLP
Shauna Twohig, Esq., Hunton Andrews Kurth LLP

Exhibit 3A

- Form Protective Order Buy Form

Chapter 4 expand

Effective Oral Argument

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Hon. Michael A. Ponsor, U.S. District Court, District of Massachusetts

Chapter 5 expand

Sanctions

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Michael A. Collora, Esq.,
Sara Silva, Esq., Hogan Lovells LLP

Chapter 6 expand

Selected Federal Evidentiary Issues

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Sarah E.A Sousa, Esq., Arrowood, LLP

Chapter 7 expand

Magistrate Judge Practice

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Hon. Robert B. Collings, U.S. District Court, District of Massachusetts

Exhibit 7A

- Rules for United States Magistrate Judges in the United States District Court for the District of Massachusetts, Including Amendments Through September 7, 2011 Buy Form

Chapter 8 expand

Attorney Fees

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Neerja Sharma, Esq., Burns & Levinson LLP
Ellen J. Zucker, Esq., Burns & Levinson LLP

Checklist 8.1

- Checklist and Practice Pointers for Attorney Fees Applications Buy Form

Chapter 9 expand

Alternative Dispute Resolution Programs and Practice

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Berry B. Mitchell, U.S. District Court, Diistrict of Rhode Island

Chapter 10 expand

Practice Before the U.S. Court of Appeals for the First Circuit

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Judith H. Mizner, Esq., Federal Public Defender Office

Chapter 11 expand

Civil Justice Reform Act

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Nonnie S. Burnes, Esq.,
Jennifer Martin Foster, Esq., Walker & DiMarco, PC
Jason D. Frank, Esq., Morgan, Lewis & Bockius LLP
Kelly Pesce, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP
David G. Thomas, Esq., Greenberg Traurig LLP

Exhibit 11A

- Selected References on Civil Justice Reform Buy Form

Chapter 12 expand

Damages Actions Under Section 1983

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John J. Cloherty, III, Esq., Pierce, Davis & Perritano LLP

Chapter 13 expand

RICO in Federal Civil Litigation

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Tracy A. Miner, Esq., Miner Orkand Siddall LLP
Seth B. Orkand, Esq., Robinson & Cole LLP
Terrence M. Schwab, Esq.,

Chapter 14 expand

Employment Discrimination Law

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Corinne Hood Greene, Esq., Greene & Hafer LLC
Susanne Hafer, Esq., Sullivan & Worcester LLP

Checklist 14.1

- Factors in Determining Whether a Claimant Is a Qualified Individual with a Disability Under the ADA Buy Form

Chapter 15 expand

Litigating Under the Federal Tort Claims Act

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Mary Elizabeth Carmody, Esq.,

Chapter 16 expand

Superfund in the First Circuit

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Seth D. Jaffe, Esq., Foley Hoag LLP
Ethan Severance, Esq., Foley Hoag LLP

Chapter 17 expand

Practice in the District of Massachusetts

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Sarah P. Kelly, Esq., Nutter McClennen & Fish LLP
Matthew P. Ritchie, Esq., Biogen, Inc.

Chapter 18 expand

Practice in the District of Rhode Island

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Hon. Lincoln D. Almond, U.S. District Court, District of Rhode Island
Hon. Patricia A. Sullivan, U.S. District Count, District of Rhode Island

Exhibit 18A

- Alternative Dispute Resolution (ADR) Buy Form

Chapter 19 expand

Practice in the District of New Hampshire

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Hon. Landya B. McCafferty, U.S. District Court, District of New Hamsphire
Tracy A. Uhrin, Esq., US District Court for the District of New Hampshire

Exhibit 19A

- Breakdown of Civil Caseload by Case Type: 2014–2018 Buy Form

Exhibit 19B

- Executive Summary for ECF Users Buy Form

Exhibit 19C

- Sample Discovery Plan Buy Form

Exhibit 19D

- Sample Extension of Deadlines Established by Discovery Plan Form Buy Form

Exhibit 19E

- Protective Order Buy Form

Chapter 20 expand

Practice in the District of Maine

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Hon. John H. Rich, III, U.S. District Court, District of Maine

Chapter 21 expand

Practice in the District of Puerto Rico

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Tristan P. Colangelo, Esq., Kerstein, Coren & Lichtenstein

Exhibit 21A

- Standing Order Proceeding Before Magistrate Judge Buy Form

Exhibit 21B

- Standing Order: Rules of Practice Buy Form

Exhibit 21C

- Standing Order: Lawyer’s Duties to the Court Buy Form

Exhibit 21D

- Standing Order: Filing of Petitions for Attorney’s Fees Buy Form

Exhibit 21E

- Standing Order: Certified English Translations Buy Form

Exhibit 21F

- Standing Order: English Language and Depositions Buy Form

Exhibit 21G

- Scheduling Order Buy Form

Exhibit 21H

- Case Management Order Buy Form

Exhibit 21I

- Courtesy Copies Buy Form

Exhibit 21J

- Standing Order: Discovery Disputes Buy Form

Exhibit 21K

- Standing Order: Communications by Counsel to Law Clerks Buy Form

Exhibit 21L

- Standing Order: Format of Proposed Orders/?Judgments Buy Form

Exhibit 21M

- Standing Order: Policy for Dispositive Motions Buy Form

Exhibit 21N

- Amended Standing Order: Jury Selection Buy Form

Chapter 22 expand

Recognition and Enforcement of Foreign Judgments and Arbitral Awards

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Theodore J. Folkman, Esq., Rubin and Rudman LLP

Exhibit 22A

- Sample Complaint for Recognition and Enforcement of Judgment Buy Form

Exhibit 22B

- Checklist of Safe Harbors Under G.L. c. 235, § 23A Buy Form

Exhibit 22C

- New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) Buy Form

Exhibit 22D

- Panama Convention (Inter-American Convention on International Commercial Arbitration) Buy Form

Exhibit 22E

- Motion to Confirm International Arbitral Award Buy Form

Exhibit 22F

- U.S. Reservations to the Panama Convention (Made at the Time of Ratification) Buy Form

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