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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.

11 hrs ago | JD Supra

FDCPA Violated by Letter Suggesting Consumer Can Avoid Litigation...

The U.S. Court of Appeals for the First Circuit held that a collection letter sent by an attorney violated the Fair Debt Collection Practices Act because it would lead a "hypothetical unsophisticated consumer" to believe that the consumer could not forestall a lawsuit by disputing the debt and could only do so by paying the debt. The court issued its decision in Pollard v.

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Thu Sep 11, 2014

JD Supra

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.

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Related Topix: US News

Towleroad

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.

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Related Topix: Gay/Lesbian, US News

Thu Sep 04, 2014

WLWT-TV Cincinnati

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.

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Related Topix: US News

WLWT-TV Cincinnati

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.

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Related Topix: US News

Fri Aug 29, 2014

JD Supra

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.

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Related Topix: US News, Personal Finance, Retirement

Thu Aug 28, 2014

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

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

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