First Circuit Court of Appeals

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First Circuit Court of Appeals News

News on First Circuit Court of Appeals continually updated from thousands of sources around the net.

17 hrs ago | JD Supra

Short Wins - The Late August Edition

It's been an interesting few weeks in the circuits . Probably my favorite is United States v.

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Related Topix: Prison, Criminal Defense Law, Law, US News

19 hrs ago | Courthouse News Service

Jail Suicide Attempt May Leave Guards Liable

A jury may find that two jailers were deliberately indifferent to a detainee who tried to hang himself after making repeated suicide threats, the 1st Circuit ruled.

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Tue Aug 26, 2014

Midwest InHouse

No breach of fiduciary duty by insurance co.

A life insurance company's disbursement of death benefits under certain employee-benefit plans via the use of "retained asset accounts," or RAAs, did not violate its duty of loyalty under ERISA, the 1st U.S. Circuit Court of Appeals has ruled.

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Related Topix: Law, Employment / Labor Law

Mon Aug 25, 2014

Midwest InHouse

Class action against cable co. reinstated

The 1st U.S. Circuit Court of Appeals has reversed a federal District Court judge's decision to dismiss a class action against Charter Communications for failing to provide credits to its customers for their loss of cable, Internet and telephone service during a snowstorm.

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Related Topix: US News, Cable & Satellite, Charter Communications, Telecom, Television

Switched

Illinoisans see the legal limits of their constitution

Following last week's ruling from the First District Court of Appeals in Chicago that said a question about whether or not a legislative term limits amendment to the Illinois constitution could not appear on November's ballot, Illinoisans have come face to face with the limits of their state constitution.

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Related Topix: Illinois, US News, Illinois Government

JD Supra

First Circuit Liberalizes Tax Deductibility Standard of False Claims Act Settlements

Appellate court affirms $50 million tax refund to FCA defendant, holding that the "economic realities" of settlement payments determine whether they are compensatory.

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Related Topix: Tax

Fri Aug 22, 2014

Bangor Daily News

Bangor lawyer's likeness coming down when attorney Smith joins Augusta firm

A legal fixture in downtown Bangor for more than 15 years will take his likeness out of a window overlooking downtown Bangor next month, and it will be replaced with the name of a venerable law firm in Augusta.

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Related Topix: Bangor, ME, US News

RiverBender.com

Last Minute Push For Refferendum

Time is running out to get legislative term limits on the November ballot. The 1st District Court of Appeals sided with a lower court's ruling that the referendum is unconstitutional.

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Related Topix: US News, Pat Quinn, US Governors

Thu Aug 21, 2014

JD Supra

First Circuit Rules in Favor of Dialysis Operator in Tax Dispute

On August 13, 2014, the United States Court of Appeals for the First Circuit affirmed a district court's judgment in a tax dispute proceeding that Fresenius Medical Care Holdings, Inc. was entitled to more than $50 million in tax refunds relating to prior settlement payments made under the federal False Claims Act .

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Related Topix: US News, Fresenius Medical Care

Wed Aug 20, 2014

WIFR

Appeals Court Says Term Limits Can't be on Ballot

An Illinois appeals court has upheld a ruling that a term limits question cannot appear on the November ballot.

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Related Topix: US News

Tue Aug 19, 2014

JD Supra

First Circuit Rejects Talley and Allows a Business Expense Deduction...

On August 13, 2014, the United States Circuit Court for the First Circuit rejected the United States' request to deny Fresenius Medical Care Holdings Inc. from deducting a portion of a settlement payment to settle civil claims brought under the False Claims Act.

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Related Topix: US News, Fresenius Medical Care, Massachusetts, Massachusetts Government, Tax

Mon Aug 18, 2014

FindLaw

'Success' in ERISA Case Includes Having Case Sent Back to Ins. Co.

What counts as a "success on the merits" for purposes of attorney fee-shifting in an ERISA claim? Diahann Gross' employer, Sun Life Insurance, denied her disability leave claim for numbness and fibromyalgia.

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Related Topix: US News

The Atlantic

7 Pages That Gave President Obama Cover to Kill Americans

A newly released memo from the Office of Legal Counsel calls the wisdom of David Barron's lifetime appointment to a federal judgeship into question.

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Related Topix: US News, US Politics, US Senate, Republican, Senator Rand Paul, ACLU

Sun Aug 17, 2014

SeacoastOnline

Business Names and Faces

McLane, Graf, Raulerson & Middleton Professional Association announced that three attorneys were appointed counsel attorneys for the firm: John Bentas, M.L. Geffert and Adam Hamel.

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Related Topix: Portsmouth, NH, US News, Hampshire County, England, United Kingdom

Fri Aug 15, 2014

Boston.com

US Supreme Court to consider hearing Sudbury man's terror case

The US Supreme Court will consider at a conference committee on Sept. 29 whether to hear the case of Tarek Mehanna, the Sudbury man convicted of terrorism.

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Related Topix: US Supreme Court, US News

Thu Aug 14, 2014

NOLA.com

Judge Wayne Ray Chutz announces plans to run for spot on First Circuit Court of Appeals

Twenty-first Judicial District Court Judge Wayne Ray Chutz has announced plans to run for the First Circuit Court of Appeal, Division A. Twenty-first Judicial District Court Judge Wayne Ray Chutz has announced plans to run for the First Circuit Court of Appeal, Division A. Judge James E. Kuhn, who currently holds that seat, has announced plans to ... (more)

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Related Topix: US News

Boston.com

Bulger appeal expected to be filed today

Lawyers for James "Whitey" Bulger are slated to file a lengthy brief today with the US Court of Appeals for the First Circuit, arguing that the gangster's conviction last year for participating in 11 murders should be overturned because he did not get a fair trial.

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Related Topix: Criminal Defense Law, Law, Prison, US News

Wed Aug 13, 2014

ABC News

Whitey Bulger Attorneys to File Appeal Thursday

Attorneys for former Boston crime boss James "Whitey" Bulger say they expect to file an appeal of the convictions that sent him to prison for life.

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Related Topix: US News

Wed Aug 06, 2014

JD Supra

How Much Deference Do States Get in Entering CERCLA Consent Decrees?...

In Cannons Engineering , the First Circuit Court of Appeals famously stated that, when CERCLA consent decrees arrive at the courts of appeal for review, they do so "encased in a double layer of swaddling," because both the EPA decision to enter into the decree and the district court review of the EPA decision are entitled to significant deference.

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Related Topix: Environmental Law, Law, US News, U.S. Environmental Protection Agency, Ninth Circuit Court of Appeals

Mon Aug 04, 2014

JD Supra

First Circuit Court of Appeals Refuses to Relax Injury Requirement for Medical Monitoring Claims

Raytheon Co., No. 13-1921, 2014 WL 2579908 , the First Circuit Court of Appeals affirmed summary judgment against class action plaintiffs seeking recovery for medical monitoring costs based on their exposure to beryllium at Raytheon's plant in Waltham, Massachusetts.

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Related Topix: US News, Raytheon, Aerospace-Defense, Waltham, MA

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