Federal Civil Litigation in the First Circuit
Your Trusted Ally For First Circuit Practice
- Product Number: 1950290B00
- Publication Date: 8/28/2019
- Edition: 3rd Edition 2017, with 2019 Supplement
- Copyright: © 2019 MCLE, Inc.
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A unique ally in pursuing or defending your federal civil cases and appeals, Federal Civil Litigation in the First Circuit gives you authority and insight into the many aspects of federal civil practice. From the threshold dispositive motion through civil appellate practice, this manual guides you through the phases of litigation. Each chapter is full of case citations-over 1,000 cases-cited as well as federal rules authority and advice specific to practice in the First Circuit. Featured chapters offer you valuable information on practice within the various districts within the First Circuit; the Districts of Massachusetts, Rhode Island, New Hampshire, Maine and Puerto Rico. Selected exhibits, including sample forms, critical standing orders, checklists and selected references get you the information you need to practice knowledgeably.
The editors of this practical guide to First Circuit practice have carefully selected federal court practitioners who collectively have hundreds of years of experience in First Circuit courtrooms, trying and appealing cases that have made legal history!
Update: August 2019
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.
Maryanne G. Jensen, Esq., MCLE Director of Publications
Update: July 2017
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.
Maryanne G. Jensen, Esq., MCLE Director of Publications
- Update: August 2019
Table of Contents
Table of Contentsexpand allChapter 1 expandChapter 2 expand
Preliminary Injunctions and Temporary Restraining OrdersBuy ChapterChapter 4 expand
Effective Oral ArgumentBuy ChapterChapter 5 expand
SanctionsBuy ChapterChapter 6 expand
Selected Federal Evidentiary IssuesBuy ChapterChapter 7 expandChapter 8 expandChapter 9 expand
Alternative Dispute Resolution Programs and PracticeBuy ChapterChapter 10 expand
Practice Before the U.S. Court of Appeals for the First CircuitBuy ChapterChapter 11 expandChapter 12 expand
Damages Actions Under Section 1983Buy ChapterChapter 13 expand
RICO in Federal Civil LitigationBuy ChapterChapter 14 expandChapter 15 expand
Litigating Under the Federal Tort Claims ActBuy ChapterChapter 16 expand
Superfund in the First CircuitBuy ChapterChapter 17 expand
Practice in the District of MassachusettsBuy ChapterChapter 18 expandChapter 19 expand
Practice in the District of New HampshireBuy Chapter
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 FormChapter 20 expand
Practice in the District of MaineBuy ChapterChapter 21 expand
Practice in the District of Puerto RicoBuy Chapter
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 FormChapter 22 expand
Recognition and Enforcement of Foreign Judgments and Arbitral AwardsBuy Chapter
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
- Editors & Authors