ABA Journal

1st Circuit Court

217 ABA Journal 1st Circuit Court articles.

Afternoon Briefs: Trump faces suit over rape denial; Biden opposes SCOTUS term limits

Trump can be personally sued over rape denial

A federal judge in Manhattan on Tuesday refused to substitute the federal government as the defendant in a defamation suit filed against…

1st Circuit lifts ban on immigration arrests at state courthouses in Massachusetts

A federal appeals court on Tuesday vacated a federal judge’s preliminary injunction that blocked U.S. Immigration and Customs Enforcement from making civil arrests of people in the country illegally at state courthouses in Massachusetts.

Afternoon Briefs: Boston Marathon bomber wins death penalty appeal; what’s in the GOP coronavirus bill?

Appeals court overturns Boston Marathon bomber’s death sentence

A federal appeals court has overturned the death sentence for convicted Boston Marathon bomber Dzhokhar Tsarnaev. The 1st U.S. Circuit Court…

What will change when SCOTUS hears oral arguments by phone?

The U.S. Supreme Court has a message for the nation: Please listen carefully, as our telephone options have recently changed. The high court announced that it will hold arguments by telephone conference in 10 cases in early May because of the novel coronavirus.

Why scraping publicly available information online isn’t a crime

To criminalize public website scraping castrates an open internet by curtailing access to information, says ABA Journal Legal Affairs Writer Jason Tashea. This isn’t just an issue for internet startups and academic researchers but also the legal community.

As federal anti-hacking law turns 35, its meaning, reach and effectiveness are still murky

What had started as a pre-internet computer crime law affecting national security and finance has become a statute that prosecutors, plaintiff attorneys and defense counsels agree isn’t right for its time, and maybe never was. Even with broad agreement on the problem, however, the solution is less clear.

Oxford comma issue benefits drivers in overtime case

Ambiguity caused by lack of a comma in a law on overtime pay has benefited Maine dairy delivery drivers.

The Boston-based 1st U.S. Circuit Court of Appeals pointed out the…

Jerk.com misrepresented the source of its content and benefits of membership, 1st Circuit says

A federal appeals court has upheld a summary decision by the Federal Trade Commission finding the founder of Jerk.com was personally liable for misrepresentations about the source of the website’s…

Circuits split on privacy rights for video views and third-party data sharing

Sharing consumer data derived from their online video views could violate privacy rights, the Boston-based 1st Circuit Court of Appeals ruled Friday.

The class action involves individuals who downloaded the…

1st Circuit urges discharge of former executive’s $246K in student loan debt

After years of pro se legal battle and the pro bono help of a Brown Rudnick lawyer who took his case while it was pending before a federal appeals court,…

Attorney-client privilege doesn’t protect businessman’s communications with Mintz Levin, court rules

Documents prepared by a BigLaw firm aren’t protected by the attorney-client privilege because of a reasonable inference that its client intended to use the legal services to foster illegal conduct,…

SCOTUS rejects FOIA case involving Planned Parenthood manual; two justices dissent

The U.S. Supreme Court has refused to consider whether an exception to the Freedom of Information Act shields from disclosure Planned Parenthood’s Manual of Medical Standards and Guidelines.

Justice Clarence…

Former Ropes associate loses bias and retaliation appeal that cited information passed to blog

A former Ropes & Gray associate who claimed the law firm discriminated and retaliated against him has lost his federal appeal.

In a decision (PDF) on Tuesday, the Boston-based…

Chicken sandwich can’t be copyrighted, federal appeals court rules

A ham sandwich, as popular lore has it, may well be indictable.

But a chicken sandwich isn’t copyrightable, a federal appeals court has ruled.

Agreeing with a trial court’s decision,…

Attorney and law student indicted in boating accident that cost passenger an arm

A Massachusetts lawyer who specializes in defense of operating-under-the-influence cases was indicted Wednesday, along with a former law student intern, in a Boston Harbor boating accident in which alcohol allegedly…

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