20 hrs ago
Short Wins - The Late August Edition
It's been an interesting few weeks in the circuits . Probably my favorite is United States v.
22 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.
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.
Thu Aug 14, 2014
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)
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.
Wed Aug 13, 2014
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.
Wed Aug 06, 2014
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.
Mon Aug 04, 2014
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.