Verdict . News

•First Circuit reversed district court's denial of preliminary injunction for Nashua citizens

1st Circuit: Nashua Violated First Amendment in Flag Pole Case

The U.S. Court of Appeals for the First Circuit ruled December 22 that the City of Nashua, New Hampshire violated the First Amendment by denying citizens Stephen and Bethany Scaer access to fly flags on a designated 'Citizen Flag Pole' at City Hall Plaza. The court found the city engaged in impermissible viewpoint discrimination.

•City conceded viewpoint discrimination if flagpole use wasn't government speech

•First Circuit denied Guatemalan family's appeal of asylum, withholding, and CAT protection denials

First Circuit Denies Family's Immigration Appeal Under Bondi

The First Circuit Court of Appeals denied a petition from a Guatemalan family seeking asylum, withholding of removal, and protection under the Convention Against Torture. The court upheld the Board of Immigration Appeals' December 2024 decision in one of the first major immigration cases under Attorney General Pamela Bondi's tenure.

•Court ruled BIA decision was supported by substantial evidence with no legal error

•First Circuit addressed when second-in-time habeas petitions trigger federal gatekeeping requirements under 28 U.S.C. § 2244(b)

First Circuit Rules on Habeas Corpus 'Gatekeeping' Requirements

The First Circuit Court of Appeals issued a decision in *Donovan v. Massachusetts Parole Board* addressing whether a petitioner's second habeas corpus application must meet stringent federal 'gatekeeping' requirements. The court examined the critical legal distinction between what constitutes a 'second or successive' habeas application versus a second-in-time petition.

•Court relied on Supreme Court's Rivers v. Guerrero ruling that 'second or successive' applications don't include all chronologically second filings

•22 states led by Massachusetts filed consolidated appeals challenging NIH under new leadership

22 States, Major Universities Sue NIH Under Kennedy-Bhattacharya Leadership

Twenty-two states led by Massachusetts and major medical organizations filed consolidated appeals in the First Circuit Court of Appeals challenging the National Institutes of Health under newly appointed Director Jay Bhattacharya and HHS Secretary Robert F. Kennedy Jr. The cases represent the first major legal confrontation over federal health policy under the new Trump administration officials.

•Major medical organizations and prestigious universities joined separate but related cases

•First Circuit affirmed district court's dismissal of all claims against Revere police officials for failure to state a claim

First Circuit Affirms Dismissal of Civil Rights Suit Against Revere Police

The U.S. Court of Appeals for the First Circuit has affirmed a district court's dismissal of civil rights and tort claims brought by Sharon Radfar against Revere, Massachusetts police officials, including a sergeant who was her former romantic partner.

•Case involved civil rights and tort claims against former romantic partner who was a police sergeant

Regulatory

•First Circuit denied federal government's emergency stay request in hospital drug discount challenge

First Circuit Denies Stay in Hospital Drug Discount Program Challenge

The U.S. Court of Appeals for the First Circuit denied the federal government's emergency stay request in a case challenging a 2025 drug pricing program that eliminated traditional upfront discounts for safety-net hospitals. The court found the government failed to demonstrate likelihood of success on appeal after a Maine district court granted hospitals a preliminary injunction.

•District court found government failed to consider hospitals' reliance interests when eliminating traditional drug discounts

3w ago•5 min read

•The First Circuit affirmed denial of preliminary injunctive relief against the Woods Hole ferry authority's COVID-19 vaccination policy

First Circuit Affirms Denial of Injunction Against Ferry COVID Vaccine Policy

The U.S. Court of Appeals for the First Circuit has affirmed a district court's denial of preliminary injunctive relief sought by eleven current and former employees of the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority who challenged the agency's COVID-19 vaccination policy. This marks the second time the case has reached the federal appeals court.

•Eleven current and former ferry employees challenged the Authority's January 2022 vaccination requirement

•First Circuit affirmed concurrent 60-month sentences for re-entry program escape and felon in possession charges

1st Circuit Upholds 60-Month Sentence for Re-Entry Program Escape

The U.S. Court of Appeals for the First Circuit affirmed a 60-month prison sentence for Christian Del-Valle-Camacho, who escaped from a court-ordered re-entry program and possessed firearms. The appeals court rejected his challenge to a 19-month upward sentencing variance.

•Appeals court rejected challenge to 19-month upward sentencing variance as both procedurally and substantively reasonable

•First Circuit affirmed summary judgment for MGH doctor and hospital in medical child abuse reporting case

1st Circuit Affirms Summary Judgment in Medical Child Abuse Case

The First Circuit Court of Appeals affirmed a district court's summary judgment ruling in favor of a Massachusetts General Hospital doctor and the hospital in a lawsuit filed by a mother who claimed wrongful reporting of suspected medical child abuse. The case involved a medically complex child whose treatment led to an unsubstantiated abuse investigation in 2018.

•Mother sued after 2018 child abuse report was deemed unsubstantiated following investigation