3 hrs ago | Massachusetts Lawyers Weekly
Employment - Retaliation - ERISA - 1st U.S. Circuit Court of Appeals - August 8, 2008
Where a defendant employer and codefendant human resources officer have been awarded summary judgment in a retaliation case, the judgment must be affirmed given the plaintiff's inability to prove that the ...
16 hrs ago | Massachusetts Lawyers Weekly
Immigration - Asylum - Persecution - 1st U.S. Circuit Court of Appeals - August 7, 2008
Where a citizen and native of Romania petitions this court for review of the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture, the petition must ...
Securities - Misrepresentation - Scienter - 1st U.S. Circuit Court of Appeals - August 7, 2008
Where the price of a defendant company's stock increased after the FDA approved the defendant's new drug for multiple sclerosis and similar autoimmune diseases, later, the stock's price dropped precipitously ...
Retirement Plan Suits Gain in Federal Appellate Courts
A recent 1st U.S. Circuit Court of Appeals decision allows former employees who have redeemed retirement accounts to sue the retirement plan administrators for alleged fiduciary breaches that diminished their ...
Reporter Bests Florida Appeals Court
In a surprise victory that left hot dog munching onlookers stunned, Pensacola News Journal reporter Michael Stewart today overwhelmed Florida's First District Court of Appeals in a series of eight back-to-back ...
Criminal - Sentencing - Reasonableness - 1st U.S. Circuit Court of Appeals
Where a defendant has appealed the sentence imposed on him in a narcotics case, we must reject his appeal because the sentence imposed was reasonable.
Cop to get hearing on residency
A Milwaukee police officer who was fired in 2006 for living outside the city is entitled to a hearing before the Fire and Police Commission, the 1st District Court of Appeals said in a decision released ...
Copyright Lawsuit Timely, Says Court
The U.S. Court of Appeals for the 1st Circuit overturned a lower court's ruling that had dismissed a Boston architecture firm's copyright infringement suit on the basis of timeliness.
Where a plaintiff successfully sought an award of counsel fees pursuant to the Equal Access to Justice Act, the award should be upheld based on the plaintiff's status as a prevailing party.
Criminal - Writ of error coram nobis - 1st U.S. Circuit Court of Appeals - August 1, 2008
Where a U.S. District Court judge granted a writ of error coram nobis, vacated the petitioner's life sentence and proceeded to resentence the petitioner to a term of years, that ruling was improper under the ...
The Wisconsin Supreme Court quickly rebuffed a lawyer's request that a decision in a case be reversed and dismissed as unfounded his allegations that outgoing Justice Louis Butler acted improperly in the case.
Life term reinstated in '91 homicide
A federal appeals court yesterday reinstated a life sentence for a man convicted of building a bomb that killed Boston police Officer Jeremiah J. Hurley and wounded his partner, Francis X. Foley, in 1991, ...
Wecht jurors' names must be made public
A federal appeals court again ruled yesterday that the names of jurors in the criminal case against former Allegheny County Coroner Dr.
Mercury studies in Penobscot River, Camden Hills seeks volunteers
A panel is to explore several alternatives including targeted remediation of contaminated areas, including wetlands, according to the Maine People's Alliance.
Retirees granted ERISA standing to sue fiduciaries
Took lump sums but still qualify as plan - participants' Retirees who received lump-sum distributions of the entire balance in their employer's defined contribution plan could sue to recover for alleged ...
Retirees granted ERISA standing to sue fiduciaries
Took lump sums but still qualify as plan - participants' Retirees who received lump-sum distributions of the entire balance in their employer's defined contribution plan could sue to recover for alleged ...
Retirees granted ERISA standing to sue fiduciaries
Took lump sums but still qualify as plan - participants' Retirees who received lump-sum distributions of the entire balance in their employer's defined contribution plan could sue to recover for alleged ...
Retirees granted ERISA standing to sue fiduciaries
Took lump sums but still qualify as plan - participants' Retirees who received lump-sum distributions of the entire balance in their employer's defined contribution plan could sue to recover for alleged ...
Retirees granted ERISA standing to sue fiduciaries
Took lump sums but still qualify as plan - participants' Retirees who received lump-sum distributions of the entire balance in their employer's defined contribution plan could sue to recover for alleged ...
Employment - Capital Accumulation Plan - Forfeiture - 1st U.S....
Where a defendant company adopted a Capital Accumulation Plan, giving certain employees the option of receiving part of their compensation as company stock, awarded at a discounted rate and a lawsuit was ...