First Circuit Court of Appeals Newswire (Page 5)

First Circuit Court of Appeals Newswire (Page 5)

Comprehensive Real-Time News Feed for First Circuit Court of Appeals. (Page 5)

Results 81 - 100 of 887 in First Circuit Court of Appeals

  1. Second Circuit Splits With First Over Securities Disclosure TestRead the original story w/Photo

    Jun 21, 2017 | Law.com

    A U.S. Court of Appeals for the Second Circuit panel Wednesday rejected attempts by a plaintiff to assert a First Circuit standard for securities fraud cases dealing with the disclosure of information to investors.

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  2. Future of homes involved in Rouzan lawsuit remains in limboRead the original story w/Photo

    Jun 19, 2017 | KSLA-TV Shreveport

    ... decided in district court two years ago in favor of Spinosa, but in April of this year, the First Circuit Court of Appeals overturned the ruling against the developer, saying he would have to tear down the homes. A hearing was set Monday to ...

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  3. The Lonely Maytag TrademarkRead the original story w/Photo

    Jun 8, 2017 | Likelihood of Confusion

    DES MOINES, Iowa Maytag may have to change the name of a new kitchen appliances. That's after a small business owner in New Hampshire won a trademark infringement case against the Iowa appliance maker.

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  4. in Re: the Ishida-Waiakamilo Legacy Trust Dated June 27Read the original story w/Photo

    Jun 16, 2017 | FindLaw

    IN RE: THE ISHIDA-WAIAKAMILO LEGACY TRUST DATED JUNE 27, 2006 IN THE MATTER OF THE ISHIDA-WINANT LEGACY TRUST DATED JUNE 27, 2006 RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.Margery S. Bronster, Rex Y. Fujichaku, and Angela K.H. Jacso for petitioners Michael A. Lilly and Valerie M. Kato for respondents This case arises from the administration of two irrevocable trusts established by Richard and Rachel Ishida: the Ishida-Waiakamilo Legacy Trust , and the Ishida-Winant Legacy Trust . The Trusts name as beneficiaries the Ishidas' daughters Jeri S. Wilson and Juney M. Ishida , and their granddaughter Kauialohaokalani R. Wilson , but they expressly exclude the Ishidas' third daughter, Richardeen Kimura .

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  5. State of Hawai v. Rainier AcacioRead the original story w/Photo

    Jun 15, 2017 | FindLaw

    RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.Jon N. Ikenaga and Titiimaea N. Ta'ase for petitioner Brian R. Vincent for respondent Respondent/Plaintiff-Appellee the State of Hawai'i charged Petitioner/Defendant-Appellant Rainier Acacio with offenses arising from a domestic dispute between Acacio and his ex-girlfriend, the complaining witness . The jury found Acacio guilty of one of the offenses - terroristic threatening in the first degree - and the Circuit Court of the First Circuit entered a judgment of conviction and probation sentence, which the Intermediate Court of Appeals affirmed.

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  6. Trust Created under the Will of Samuel M. Damon, DeceasedRead the original story w/Photo

    Jun 15, 2017 | FindLaw

    RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, WILSON, JJ.A. Bernard Bays and Michael C. Carroll for petitioner Christopher Damon Haig Rebecca A. Copeland, Peter Van Name Esser, and Thomas R. Sylvester for petitioner Myrna B. Murdoch J. Thomas Van Winkle, Duane R. Miyashiro, and Melissa H. Lambert for respondent Trustees under the Will and of the Estate of Samuel M. Damon George W. Van Buren for respondents Brendan Damon Ethington and John Philip Damon This case concerns the objections of two beneficiaries, Christopher Damon Haig and Myrna B. Murdoch , of a testamentary trust created under the will of Samuel M. Damon , to the decisions made by the Probate Court of the First Circuit 1 that underpinned its August 2, 2012 Judgment, specifically the approval of the Trust's accounts from 1999 to 2003.

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  7. Hearing over disputed Rouzan homes set for MondayRead the original story

    Jun 15, 2017 | Baton Rouge Business Report

    A lawsuit that could theoretically force developer Tommy Spinosa to raze several homes in the middle of Rouzan, his traditional neighborhood development in Southdowns, heads back to 19th Judicial District Judge Janice Clark's court Monday. At issue is a recent ruling by the First Circuit Court of Appeals that says as many as six homes in Rouzan were developed on property Spinosa did not have the legal right to build on: a servitude that connected Glasgow Avenue to two houses on a five-acre tract in the middle of Rouzan that are not actually part of the TND.

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  8. IRS Can Pursue "Responsible Persons" for Unpaid Trust...Read the original story w/Photo

    Jun 15, 2017 | JD Supra

    The Puerto Rico Bankruptcy Court followed the Third Circuit in holding that the Anti-Injunction Act, which prohibits suits to restrain the assessment or collection of any tax, is not superseded by section 105 of the Bankruptcy Code. The Court looked to the plain language and legislative history of section 105, and determined that Congress did not intend to overrule the application of the Anti-Injunction Act to protect non-debtor third parties from tax collection.

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  9. Sometimes It's Not What You Say But How You Say ItRead the original story w/Photo

    Jun 13, 2017 | JD Supra

    A recent First Circuit opinion demonstrates that sometimes how you say something is more important that what you say. In fact, that principle led the court to reverse the NLRB's order that a Massachusetts hospital must rehire a former employee.

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  10. Puerto Rico votes for statehood in referendum with low turnoutRead the original story w/Photo

    Jun 12, 2017 | Jurist

    Governor Ricardo Rossello Nevares announced the results [press release, in Spanish] Sunday and said he will communicate the results with the US Congress. The other options, independence and free association received 1.5 percent of the votes, and the current territorial status received 1.3 percent.

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  11. First Circuit Applies FAA Transportation Worker Exception to Independent ContractorsRead the original story w/Photo

    Jun 8, 2017 | JD Supra

    The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories located within the First Circuit . Specifically, on May 12, 2017, the court ruled in Oliveira v.

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  12. "Butt lift" doctor ordered to stop doing surgery after woman's deathRead the original story w/Photo

    Jun 8, 2017 | CBS News

    The Miami Herald reports Florida's First District Court of Appeals ordered Monday that 44-year-old Osakatukei "Osak" Omulepu must also have a board-certified physician present for any other medical procedures until it rules on the state's effort to stop him from practicing. Miami-Dade County authorities say his patient, 30-year-old Lattia Baumeister, who was visiting from Chicago, died June 1 of fat clots in her lung from liposuction and fat transfer surgery, CBS Miami reports .

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  13. BofA Pays Tutor Perini $37M to Settle Fraud CaseRead the original story

    Jun 7, 2017 | CFO

    Tutor Perini alleged the bank did not disclose the ARS market was heading for collapse when it sold the securities to the company. Bank of America has paid Tutor Perini $37 million to settle a lawsuit that alleged it sold millions of dollars in auction-rate securities to the construction company without disclosing the market was heading for collapse.

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  14. First Circuit Refuses to Recognize a Section 1981 Private Right of...Read the original story w/Photo

    Jun 7, 2017 | JD Supra

    In a recent decision, Buntin v. City of Boston , the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981.

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  15. United States Supreme Court Holds SEC Disgorgement Orders Subject to...Read the original story w/Photo

    Jun 7, 2017 | JD Supra

    On Monday, June 5, 2017, a unanimous Supreme Court held that the ability of the Securities and Exchange Commission to seek disgorgement in connection with a violation of federal securities law is subject to a five-year statute of limitations, reversing a decision from the United States Court of Appeals for the Tenth Circuit, and rejecting the SEC's argument that disgorgement is an equitable remedy not subject to any statute of limitations. Kokesh v.

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  16. Doctor Can't Perform Plastic Surgeries After Woman's DeathRead the original story w/Photo

    Jun 6, 2017 | NBC Miami

    The Florida Board of Health made the request to restrict Dr. Osak Omulepu from operating Monday. A doctor who is appealing the revocation of his medical license is no longer able to perform plastic surgery procedures days after a woman died after surgery, according to the state.

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  17. Florida court orders doctor to stop performing surgeryRead the original story w/Photo

    Jun 7, 2017 | WWSB

    Florida officials have tried three times since February 2016 to stop Omulepu from performing a self-declared specialty liposuction and fat transfer procedure. Florida officials have tried three times since February 2016 to stop Omulepu from performing a self-declared specialty liposuction and fat transfer procedure.

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  18. When Is Reassignment To An Intermittent Position Required As An ADA Accommodation?Read the original story w/Photo

    Jun 7, 2017 | JD Supra

    ... maintaining NIBRS data. The trial court granted summary judgment for the employer, and the First Circuit Court of Appeals affirmed. The court explained that to be entitled to a transfer, an employee must show both that she can perform the essential ...

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  19. After patient death, court orders Miami a butt lifta doctor to stop performing surgeryRead the original story w/Photo

    Jun 6, 2017 | The Miami Herald

    The entrance to Seduction by Jardons Medical Center in Doral pictured on Friday, June 2, one day after the death of Lattia Baumeister, 30, of Illinois, who had a cosmetic procedure at the clinic with Osakatukei "Osak" Omulepu. According to police, Omulepu was performing an unidentified surgery on Baumeister when she stopped breathing.

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  20. Doctor Not Able to Perform Plastic Surgeries After DeathRead the original story w/Photo

    Jun 6, 2017 | NBC Miami

    Dr. Osak Omulepu, who had his license revoked in April after two people were hurt following a surgery, will not be able to perform without another doctor. A doctor who is appealing the revocation of his medical license is no longer able to perform plastic surgery procedures days after a woman died after surgery, according to the state.

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