Significant Decisions From the United States Court of Appeals for the First Circuit Office of the Maine Attorney General Continuing Legal Education Program July 15, 2010

Court Composition Chief Judge Sandra L. Lynch (Mass.) (Clinton) Circuit Judges Juan R. Torruella (P.R.) (Reagan) Michael Boudin (Mass.) (George H.W. Bush) Kermit V. Lipez (Maine) (Clinton) Jeffrey R. Howard (N.H.) (George W. Bush) Ojetta Rogeriee Thompson (R.I.) (Obama)

The Newest Member Ojetta Rogeriee Thompson Confirmed March 17, 2010 Formerly served on the Rhode Island Superior Court (1997 – 2010)

Court Composition Senior Circuit Judges Levin H. Campbell (Mass.) (Nixon) Bruce M. Selya (R.I.) (Reagan) Norman H. Stahl (Mass.) (George H.W. Bush)

Recurring Guest Star Justice David A. Souter Retired from Supreme Court in June 2009 Sitting by designation on First Circuit panels Has been on the panel in 22 reported decisions (Feb – June 2010)

Case Load 1,740 appeals last year 325 oral arguments Issued 440 written opinions 3 en banc decisions

Cases By District of Origin

Types of Cases

Published vs. Unpublished

Average Timelines Notice of Appeal => Final Brief = 7.2 months Final Brief => Hearing = 2.1 months Hearing => Final Decision = 2.8 months Notice of Appeal => Final Decision = 12.2 months

United States v. Textron Inc. 577 F.3d 21 (1 st Cir. 2009) Work Product Doctrine – To be protected, a document must have been prepared for use in possible litigation

Vaqueria Tres Monjitas, Inc. v. Irizarry 587 F.3d 464 (1 st Cir. 2009) Eleventh Amendment – Prohibition against retrospective relief did not prevent court from ordering state to raise revenue to pay damages to plaintiff for lost profits

Family Winemakers of California v. Jenkins 592 F.3d 1 (1 st Cir. 2010) Commerce Clause – State law allowing small wineries to sell directly to consumers violated the Commerce Clause because it purposefully discriminated against large out-of-state wineries

J.R. v. Gloria 593 F.3d 73 (1 st Cir. 2010) Substantive Due Process – Child protective case workers who allegedly violated state law in placing children in home without performing background check on resident who later abused children did not engage in conduct that “shocks the conscience”

Simmons v. Galvin 575 F.3d 24 (1 st Cir. 2009) Election Law – State violated neither the federal Voting Rights Act nor the Ex Post Facto Clause when it prohibited incarcerated felons from voting in elections

McCullen v. Coakley 571 F.3d 167 (1 st Cir. 2009) First Amendment – State law prohibiting persons from coming within 35 feet of reproductive health care facilities was a valid content-neutral “time-place-manner” restriction on speech

Franklin Memorial Hospital v. Harvey 575 F.3d 121 (1 st Cir. 2009) Takings Clause – State law requiring hospitals to provide free care to indigent patients did not violate the Takings Clause

Miller v. Nichols 586 F.3d 53 (1 st Cir. 2009) Rooker-Feldman and Issue Preclusion – Parents could not challenge final state court order terminating parental rights by arguing that DHHS violated federal laws by failing to accommodate mother’s mental illness during reunification process

Foley v. Town of Randolph 598 F.3d 1 (1 st Cir. 2010) Retaliation for Exercising First Amendment Rights – Public employee’s speech was not protected because he was speaking in his official capacity and not as a citizen

Esposito v. Home Depot U.S.A., Inc. 590 F.3d 72 (1 st Cir. 2009) Civil Procedure – Trial court abused its discretion when it refused to extend plaintiff’s expert witness disclosure deadline as a sanction for plaintiff having previously missed the deadline