First Circuit Court of Appeals Newswire

First Circuit Court of Appeals Newswire

Comprehensive Real-Time News Feed for First Circuit Court of Appeals.

Results 1 - 20 of 323 in First Circuit Court of Appeals

  1. ACLU sues to overturn homeless camp banRead the original story w/Photo

    Yesterday | WXIX-TV Cincinnati

    The American Civil Liberties Union of Ohio wants an appeals court to throw out a judge's order banning homeless camps in Hamilton County. The ACLU sued Thursday to try to overturn an injunction Hamilton County Common Pleas Court Judge Robert Ruehlman issued in August.

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  2. October 18, 2018, Trial NewsRead the original story w/Photo

    Thursday | Trial

    In oral arguments before the U.S. Supreme Court regarding whether A 1 of the Federal Arbitration Act-which exempts transportation workers' "contracts of employment" from the statute-applies to independent contractors, the justices challenged a trucking company's argument that the A 1 exemption applies only to contracts with employees. With most of today's transportation workers classified as independent contractors, the case could significantly impact the transportation industry.

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  3. The Ups and Down in Ladder Litigation: Inherently Dangerous Activity, ...Read the original story w/Photo

    Thursday | JD Supra

    On September 26, 2018, Ohio's First District Court of Appeals joined the Fourth, Fifth, and Eighth Appellate Districts, holding that climbing and descending a ladder is an inherently dangerous activity in Patterson, et al. v. Adleta, Inc. , 1st Dist.

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  4. In re Asacol Antitrust Litigation - An Antidote To In re Nexium ...Read the original story w/Photo

    Wednesday Oct 17 | JD Supra

    When last I wrote about ascertainability, I noted that a debate over the propriety of "ascertainability-by-affidavit" continued to percolate within the First Circuit even as lower courts relied on In re Nexium Antitrust Litigation to certify classes containing uninjured class members. Specifically, I noted a couple of developments.

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  5. Eye on the Supreme Court? Harvard affirmative action case could wind up before justicesRead the original story w/Photo

    Tuesday Oct 16 | Washington Examiner

    But the dispute may wind up before the Supreme Court, which, now with five conservative justices, could drastically alter the future of affirmative action in college admissions. The lawsuit, filed by the group Students for Fair Admissions, claims that Harvard engages in "racial balancing" and discriminates against Asian-American students applying to the elite school in violation of federal civil rights law.

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  6. Casino opponents want to curb tribe's appeal of land rulingRead the original story w/Photo

    Monday Oct 15 | SouthCoastToday.com

    Plaintiffs suing the Interior Department over its 2015 decision to take land into trust for the Mashpee Wampanoag Tribe have requested that the tribe withdraw its appeal of the case or be required to file opening briefs within the next 60 days, according to the latest filing with the appeals court. The request came after the tribe sought another stay in its ongoing appeal of a 2016 judgment in U.S. District Court in Boston that said the Interior Secretary did not have the authority to take its land into trust because the tribe was not under federal jurisdiction in 1934 - the year the Indian Reorganization Act was passed.

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  7. Labaton Agrees to Pay $4.8M to Settle Special Master's Overbilling InquiryRead the original story w/Photo

    Wednesday Oct 10 | Law.com

    Labaton Sucharow has agreed to return more than $4.8 million in attorney fees as part of an agreement with a special master who raised public corruption concerns in a $300 million securities class action settlement against financial services provider State Street Corp. According to court documents that the special master filed on Wednesday, Labaton acknowledged it should have disclosed a $4.1 million payment to Texas attorney Damon Chargois, who had ties to the lead plaintiff, Arkansas Teacher Retirement System . The New York-based firm also agreed to make several internal changes, including switching its general counsel and bringing in a former federal judge to review its fee arrangements.

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  8. Second Circuit Finds that Violations of the FCA's First-to-File ...Read the original story w/Photo

    Tuesday Oct 9 | JD Supra

    In August 2018, the U.S. Court of Appeals for the Second Circuit held that a violation of the False Claims Act first-to-file bar cannot be cured by filing an amended complaint after the first-filed related action is no longer pending. The Court's decision in United States ex rel.

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  9. Blogger Defeats Defamation Claims Over Posts Claiming a...Read the original story w/Photo

    Saturday Oct 6 | Eric Goldman

    Brian MacFarland runs a blog, lazymanandmoney.com. For his own home, he held an in-home demonstration of a RainSoft water softener system by Oster, a salesperson at a local distributor, Basement Technologies.

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  10. Supreme Court Hears Case On Enforceability Of Arbitration Agreements For Transportation WorkersRead the original story w/Photo

    Tuesday Oct 9 | JD Supra

    On October 3, 2018, the U.S. Supreme Court heard oral argument in New Prime Inc. v. Oliveira , No.

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  11. Pity the DOJ Lawyers (For Now) in Transgender Military Ban ShowdownRead the original story w/Photo

    Tuesday Oct 9 | Law.com

    As a three-judge appellate panel prepares to hear oral arguments Oct. 10 challenging the transgender military ban, the government tipped its hand weeks ago that it expects to lose. In requesting expedited argument before the U.S. Court of Appeals for the Ninth Circuit, Justice Department lawyers explained that they wanted to hurry along the decision so as "to allow the Supreme Court of the United States the opportunity to consider these issues next term."

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  12. New SCOTUS Term Starts With A WhimperWill It End With A Bang?Read the original story w/Photo

    Friday Oct 5 | JD Supra

    From - the past term had it all. So employers might be eagerly anticipating the current term, hoping for a repeat performance.

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  13. The Justices Have Three Chances This Term to Bolster Arbitration...Read the original story w/Photo

    Wednesday Oct 3 | Law.com

    Wednesday in the U.S. Supreme Court as the justices wrestled with whether those workers must submit their disputes to arbitration. The major issue in New Prime v.

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  14. Ohio Supreme Court upholds CSU police search that found marijuana candyRead the original story w/Photo

    Wednesday Oct 3 | Cleveland.com

    A 2015 Cleveland State University police search of a vehicle that led to the discovery of sealed envelopes containing 150 individually wrapped marijuana-infused candies is legal, the Ohio Supreme Court ruled Wednesday . The Supreme Court reversed lower court decisions from the trial court and the Ohio Eighth District Court of Appeals that the evidence should be suppressed because the search was illegal.

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  15. Bankruptcy and Trademark Licenses - Are Yours Safe?Read the original story w/Photo

    Wednesday Oct 3 | JD Supra

    Are a licensee's rights to use a trademark safe if the licensor files for bankruptcy and rejects the trademark license? This is a question the U.S. Supreme Court may resolve later this year. In January 2018, the 1st U.S. Circuit Court of Appeals held in Mission Products Holdings v.

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  16. First Circuit Affirms Personal Jurisdiction Based on Global Web Activity in Trademark ActionRead the original story w/Photo

    Monday Oct 1 | JD Supra

    When does the globally available website of a foreign company subject that company to jurisdiction in the United States for purposes of a trademark infringement action? Does it make a difference if the foreign company has applied for a United States trademark registration? In Plixner International v. Scrutinizer GmbH , the First Circuit was reluctant to adopt any rules of general applicability, but did determine that the globally accessible website in question subjected the defendant to personal jurisdiction in any U.S. federal court, including the District of Maine.

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  17. Court Relies on its Own Knowledge of Prevailing Market Rates to...Read the original story w/Photo

    Monday Oct 1 | JD Supra

    In Parker v. EnerNoc, Inc. , Judge Salinger considered the plaintiff's request for attorneys' fees after the plaintiff prevailed on her employment-based claims at trial.

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  18. Wait continues for court ruling on former police chief candidateRead the original story w/Photo

    Monday Oct 1 | Sentinel & Enterprise

    The city awaits the result of its appeal of a federal court ruling that awarded a former candidate for police chief $1.5 million in damages and an additional $800,000 in legal fees and other costs. Former candidate for police chief Scott Heagney sued the city of Fitchburg after former Mayor Lisa Wong did not recommend him for police chief in 2014.

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  19. 'Cadillac Frank' Salemme Appeals Murder ConvictionRead the original story w/Photo

    Friday Sep 28 | News Max

    Former mob boss Francis "Cadillac Frank" Salemme submitted a formal notice of appeal through his lawyer Wednesday for his murder conviction and life sentencing for the 1993 killing of a Boston club owner, according to The Boston Globe . The 85-year-old was convicted in a Boston federal court in June with co-defendant Paul Weadick for the killing of Steven DiSarro, whose nightclub was under scrutiny for the involvement of Salemme and his son.

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  20. Article on U.S. Conflict of Laws Involving International Estates and...Read the original story

    Thursday Sep 27 | Wills, Trusts & Estates Prof Blog

    ... the problem is the dearth of case law addressing the matter. A 2010 decision by the First Circuit Court of Appeals, Estate of Charania v. Shulman , does address the matter. However, it does so in an opinion that is noteworthy for its striking ...

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