Thursday Sep 11
First Circuit Confirms No Fiduciary Breach in Use of a Retained Asset Account
For the second time this summer, the First Circuit Court of Appeals addressed whether an ERISA fiduciary's use of a retained asset account to pay death benefits is a breach of fiduciary duty. In Merrimon v.
Thursday Sep 11
Massachusetts Could Make History This Fall Electing First Out Gay Attorney General, Lt. Governor
On Tuesday night, two openly gay candidates secured their party's nominations in the Massachusetts primary, paving the way for a history-making election night on November 4th. Maura Healey beat out former state senator Warren Tolman to become the Democratic nominee for attorney general.
Thu Sep 04, 2014
Deters: 2 dead when Judge Hunter refused jail time for shooter
In a news release, Prosecutor Joe Deters said he is asking the First District Court of Appeals to dismiss a case he brought before the court because the subject of the case was killed last month. EARLIER THIS MONTH FROM FOUR STATES.
Prosecutor: Suspended judge's decisions led to deaths
In a news release, Prosecutor Joe Deters said he is asking the First District Court of Appeals to dismiss a case he brought before the court because the subject of the case was killed last month. Tywaune Thomas died Aug. 20, a day after police said he shot Antwon Ward to death on Carplin Place.
Fri Aug 29, 2014
Insurance Industry Sweeps Retained Asset Account Doubleheader
On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v.
Thu Aug 28, 2014
Short Wins - The Late August Edition
It's been an interesting few weeks in the circuits . Probably my favorite is United States v.
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.
Tue Aug 26, 2014
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.
Mon Aug 25, 2014
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.
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.
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.
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.
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.
Thu Aug 21, 2014
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 .
Wed Aug 20, 2014
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.
Tue Aug 19, 2014
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.
Mon Aug 18, 2014
'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.
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.
Sun Aug 17, 2014
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.
Fri Aug 15, 2014
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.