10 hrs ago
Court rules Florida state college students can keep guns in cars
Students attending public universities in Florida can keep weapons in their cars while on campus, a state appeals court has ruled.
23 hrs ago
First Circuit Punts on Implied Certification as a Basis for FCA Liability
In August, I wrote about the unusual decision by the U.S. Department of Justice to appeal a district court's dismissal of a declined qui tam brought under the federal and state false claims acts .
Tue Dec 10, 2013
ABC Boston Affilate Launches Aereo Appeal
Just over two months to the day that Hearst- owned WCVB-TV was denied its preliminary injunction motion against the Barry Diller -backed streaming service, the Boston ABC affiliate has began its predictable appeal.
Mon Dec 09, 2013
First Cir. News: New Fees and Fed. Rules of Appellate Procedure
December is not known for ground-breaking legal decisions, especially in light of the very few precedential decisions issued lately.
UPDATE 1-US high court leaves intact $142 mln verdict against Pfizer
The U.S. Supreme Court on Monday left intact a $142 million jury verdict against Pfizer Inc over the company's marketing of the epilepsy drug Neurontin.
Sun Dec 08, 2013
Corbett pushing for Third Circuit to clarify law in gay marriage case
The Corbett administration wants the U.S. Court of Appeals for the Third Circuit to settle what it sees as an open question of law -- the relevance of a 1972 U.S. Supreme Court decision to recent challenges of Pennsylvania's ban on same-sex marriage.
Fri Dec 06, 2013
'To Lobby or Not to Lobby: That Is an Important Question.'
"To Lobby or Not to Lobby: That Is an Important Question." The very interesting essay that Senior First Circuit Judge Kermit V. Lipez has in the Spring 2013 issue of The Journal of Appellate Practice and Process can now be freely accessed online at this link .
'Solicitation' In the Era of Social Media Remains Unsettled
Last month, in KNF&T v. Muller , the Massachusetts Superior Court found that a LinkedIn update regarding an employee's new job was a solicitation of business in violation of her non-competition agreement, which also prohibited solicitation.
Tue Dec 03, 2013
Abortion clinics, not battle zones
A Massachusetts law that says "no person" may enter or remain in the 35-foot buffer zones established outside abortion clinics in the state has set off a controversial legal battle about the proper balance between the rights of speakers and the rights of those who must listen to them.
Sat Nov 30, 2013
Digital era confounds the courts
Courts have long struggled to deal with key questions at the intersection of individual privacy and ever-advancing technology with little guidance from the Constitution or from prior cases now judges and experts are hoping that's about to change.
Thu Nov 28, 2013
The Florida Times-Union
Marissa Alexander released from jail Wednesday
Marissa Alexander, the Jacksonville woman whose 20-year prison sentence brought national attention on her case, was released from jail on bail in time to spend Thanksgiving Day with her family.
Wed Nov 27, 2013
News from around Wisconsin at 5:58 p.m. CST
Wisconsin's public union restrictions don't prevent Eau Claire County Sheriff's deputies from negotiating over their share of health care deductibles, a state appeals court ruled Wednesday.
First Circuit: Does a Local Government Have Authority To Regulate Foreclosures?
But given the complex mix of state laws that often governs the issue, how much authority do local governments have in this area? banks to maintain property during the foreclosure process and to provide a $10,000 cash bond to the City; and The banks claimed that the City's requirements violated the Contracts Clause of the federal constitution and ... (more)
The Cincinnati Enquirer
Judge Hunter denied more time to rule
A higher court refused Wednesday to grant Juvenile Court Judge Tracie Hunter more time to rule on cases involving children seeking to be adopted, placed in long-term foster care or custody determined.
First Circuit Enforces D&O Policy's Known Circumstances Exclusion
The First Circuit Court of Appeals recently held that a "Known Circumstances Exclusion" in an insured school's D&O policy barred coverage for an underlying action involving misrepresentations in soliciting a donation.
Tue Nov 26, 2013
Sacramento Bee Newspaper
Briefs filed in support of Mass. "buffer zone" law
Nearly a dozen briefs have been filed with the U.S. Supreme Court in support of a Massachusetts law barring protests within 35 feet of abortion clinic entrances, exits and driveways.
Returning military reservist allowed to invoke USERRA...
The federal First Circuit Court of Appeals in Rivera-Melendez v. Pfizer considered a returning veteran's claim that Pfizer violated the "escalator principle" that is a unique element of the federal Uniformed Services Employment and Reemployment Rights Act .
Mon Nov 25, 2013
Starbucks Tips and More on Stop and Frisk
Last Thursday, the Second Circuit, in a brief five-page opinion, affirmed a district court's grant of summary judgment to Starbucks.
In Bankruptcy Case, Environmental Fines Get Priority
Last week, the First Circuit had to determine whether lower courts properly gave post-petition orders, related to environmental law violations and administrative expense priority in a bankruptcy proceeding.
Fla. Court of Appeals denies motion for rehearing of PIP injunction
"The First District Court of Appeals dismissed the motion for a rehearing of its October 2013 ruling in which the Court reversed the injunction placed upon PIP reforms passed during the 2012 Florida Legislative Session in House Bill 119," according to Donovan Brown, state government relations counsel for the Property Casualty Insurers Association ... (more)