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First Circuit Court of Appeals

First Circuit Court of Appeals News Archives

First Circuit Court of Appeals News Archives for October 2009

Oct 29, 2009 | Lawyers Weekly USA

CAFA jurisdiction applies despite undefined class

Removal jurisdiction under the Class Action Fairness Act may apply even though the plaintiffsa complaint does not specifically define a proposed class, the 1st Circuit has ruled.

Comment?

Related Topix: US News

Tue Oct 27, 2009

KHNL-TV Honolulu

Edwin Nacino nominated as first circuit court judge

Governor Linda Lingle nominated District Court Judge Edwin C. Nacino to serve as a Circuit Court judge of the First Circuit on Tuesday.

Comment?

Related Topix: US Governors, Linda Lingle, Criminal Defense Law, Law, US Supreme Court

Sun Oct 25, 2009

Concord Monitor

Brown supporters appeal convictions

Two of four men convicted of aiding Ed and Elaine Brown during their prolonged 2007 standoff in Plainfield have appealed their convictions and sentences to the First Circuit Court of Appeals.

Comment?

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

Sat Oct 24, 2009

The Recorder - Greenfield, Massachusetts

Jail loses strip search lawsuit

A strip search procedure previously used by the county jail has been ruled unconstitutional by a federal judge.

Comment?

Related Topix: Franklin County, MA, US News

Thu Oct 22, 2009

Bangor Daily News

National tobacco case to be heard in Bangor

Attorneys from around the country descended Wednesday on the federal courthouse in Bangor for a conference on a class-action lawsuit against the makers of light cigarettes.

Comment?

Related Topix: Bangor Metro, Bangor, ME, US News, US Supreme Court, Smoking, Medicine, Health

Tue Oct 20, 2009

Turnto10.com

Ex-hospital exec in RI appeals corruption verdict

A former Providence hospital executive asked a federal appeals court on Tuesday to overturn his corruption convictions, saying the trial judge gave the jury bad legal instructions.

Comment?

Related Topix: Medicine, Hospital Administration, Healthcare Industry, Providence, RI, US News, Criminal Defense Law, Law, US Supreme Court

Mon Oct 19, 2009

FindLaw

1st Circuit Rejects Health Insurer's D&O Claim

Medical Mutual Insurance Co. cannot force its D&O carrier to pay for its $325,000 settlement of a disability discrimination suit by MMIC's ex-CEO because that action did not name any director or officer, a federal appeals court in Boston has ruled.

Comment?

Related Topix: US News

Sun Oct 18, 2009

Jackson County Floridan

Time runs out on sex assault charge

On Tuesday, Circuit Judge Bill Wright dismissed charges against a Sarasota man who was accused of lewd and lascivious battery upon a 12-year-old fellow member of his Boy Scout troupe while on a 2007 outing in Jackson County.

Comment?

Related Topix: US News

R & D

Mass pols seek apology for disabled school's abuse

In the dark past of the Fernald School for the disabled, the nation's oldest publicly funded facility for those with developmental disabilities, some children were subject to Cold War experiments a ' including being fed radioactive cereal a ' while other patients allegedly were tagged as "morons" even as tests showed them to be normal.

Comment?

Related Topix: Massachusetts, Massachusetts Government, Healthcare Law, Law, Deval Patrick, US Governors, US News

Fri Oct 16, 2009

Providence Journal

Survivor star Hatch to be released, still contests sentence

Survivor star Richard Hatch is due to be released from federal prison Friday, but he is still fighting his sentence and conviction for failing to pay taxes on his $1 million prize.

Comment?

Related Topix: Game Show, Survivor, Reality TV, Entertainment, Drama, Television, Federal Prisons, Prison

Wed Oct 14, 2009

Workforce Online

Jury Finds E-Mail About Reason for Firing Not Malicious

No malice was involved when a company sent an e-mail saying an employee was fired for allegedly padding his expense reports, a jury has concluded in a closely watched case because of the First Amendment issue it raised.

Comment?

Related Topix: Office Equipment, Staples, Retail, US News

Myrtle Beach Online

NC video poker machine ban judged by appeals court

An attorney for an amusement machine vendor says North Carolina lacks a consistent public policy when it allows Cherokee Indians to run video poker machines but bans them everywhere else.

Comment?

Related Topix: Games, Poker, North Carolina, US Politics, US News, Barack Obama, Second Circuit Court of Appeals

Tue Oct 13, 2009

Legal Times

Jury Says No to Libel Claim Over Truthful E-Mail

It's the libel case that set free speech advocates reeling: Noonan v. Staples Inc.

Comment?

Related Topix: Office Equipment, Retail, Staples, US News

Mon Oct 12, 2009

KLTV Tyler

Southern Union appeals mercury storage conviction

The Southern Union gas company has appealed an $18 million penalty for illegally storing hazardous mercury waste.

Comment?

Related Topix: US News

Sat Oct 10, 2009

American Lawyer

1st Circuit: Individual Parties Must Be Named for D&O Coverage to Apply

The 1st U.S. Circuit Court of Appeals recently ruled that companies cannot recover the cost of fighting lawsuits or administrative cases alleging wrongful director or officer conduct unless the cases name the individuals as parties.

Comment?

Related Topix: US News

Fri Oct 09, 2009

Earthlink

Obama nominates 2 for appeals court openings

More Obama nominates 2 for appeals court openings October 06, 2009 5:30 PM EDT WASHINGTON - President Barack Obama on Tuesday said he would nominate a pair of Northeastern judges to appeals court positions.

Comment?

Related Topix: San Francisco, CA, Second Circuit Court of Appeals

Thu Oct 08, 2009

Sentencing Law and Policy

Notable (new?) First Circuit opinion on Heller and federal juve crimes and punishment

I just discovered today this notable opinion from the First Circuit concerning the Second Amendment and federal juvenile prosecution and punishment.

Comment?

Related Topix: US News, Prison, Opinion

Wed Oct 07, 2009

Boston Herald

Rhode Island appeals court to hear immigration case

A Rhode Island state trooper three years ago pulled over a van carrying undocumented Guatemalan immigrants to work, asked everyone inside for identification and then escorted the vehicle to a federal immigration office after the passengers could not present proof of citizenship.

Comment?

Related Topix: US News

Massachusetts Lawyers Weekly

1st Circuit Clerk Donovan heading to N.H.

The Clerk of Court for the 1st U.S. Circuit Court of Appeals, Richard Cushing Donovan, is leaving for a job in New Hampshire.

Comment?

Related Topix: US News

Tue Oct 06, 2009

Examiner.com

Obama nominates 2 for appeals court openings

President Barack Obama on Tuesday said he would nominate a pair of Northeastern judges to appeals court positions.

Comment?

Related Topix: Second Circuit Court of Appeals

Myrtle Beach Online

Mass. court: Ex-Astra CEO must forfeit nearly $7M

Massachusetts' highest court has ruled that the former CEO of pharmaceutical company Astra USA Inc.

Comment?

Related Topix: USA Truck, Transportation, Trucking, Biotech, Medicine, AstraZeneca Group, Healthcare Industry, US News, Bristol Myers Squibb, Entertainment

Mon Oct 05, 2009

TheBostonChannel

Tax Evader Fighting 35-Year Sentence

A New Hampshire woman sentenced to 35 years in prison for plotting to kill federal agents during a nine-month standoff at her home is appealing her conviction and sentence.

Comment?

Related Topix: US News

Myrtle Beach Online

Bristol-Myers gets EU approval for diabetes drug

Drugmaker Bristol-Myers Squibb Co. says its new diabetes drugs, Onglyza, has been approved for sale in the European Union's 27 countries.

Comment?

Related Topix: Biotech, Bristol Myers Squibb, Medicine, Diabetes, Health, Healthcare Industry, AstraZeneca Group, Insulin (generic), Humulin, Novolin, Medication, US News

Fri Oct 02, 2009

WCTV Tallahassee

Appeal Court says NCAA Must Open Records in FSU Case

On the field, the Seminoles continue to struggle to get back to their winning ways.

Comment?

Related Topix: US News

Thu Oct 01, 2009

Bangor Daily News

Faith and Education

The sanctity of religious faith and the imperatives of public education are colliding in the debate over the November vote on a repeal of Maine's same-sex marriage law.

Comment?

Related Topix: Gay/Lesbian, US News

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