United States Court of Appeals for the First Circuit

Tom Axon Files Federal Appeal in Case Against Puerto Rican Winter Baseball League and Its Teams

Retrieved on: 
Friday, November 3, 2023
Legal, Professional Services, Baseball, Sports, Supreme court, Supremacy Clause, Left–right political spectrum, Sport, NBA scoring leaders, Major League, History, National Basketball Association, Winston & Strawn, National Football League, Law of the United Kingdom, NOT, United States Court of Appeals for the First Circuit, Supreme, District court, Douglas v. U.S. District Court ex rel Talk America, AFL, Woman, NCAA, International law, League

Prior to this alleged civil conspiracy, Axon and his businesses were the owner-operators of the Cangrejeros baseball team and sought to restore the franchise’s success by increasing investment and competition in the League.

Key Points: 
  • Prior to this alleged civil conspiracy, Axon and his businesses were the owner-operators of the Cangrejeros baseball team and sought to restore the franchise’s success by increasing investment and competition in the League.
  • Axon originally filed his antitrust, civil rights, and tort claims in the U.S. District Court for the District of Puerto Rico in July 2022.
  • Axon’s appeal contends that the district court’s “unprecedented expansion” of the “aberrational exemption” announced by the Supreme Court in 1922 requires reversal.
  • Our clients remain undeterred in their quest to bring positive change to the Puerto Rico Winter Baseball League.

Unjust Legal Marathon Ends for Varsity Blues Defendant John Wilson; Sets the Record Straight In and Outside the Courtroom

Retrieved on: 
Friday, September 29, 2023
ACT, Varsity Blues, Varsity, Organic, Massachusetts Appeals Court, IRS, University, Parent, Policy, Tax, White & Case, Multimedia, USC, Harvard University, United States courts of appeals, Government, Athlete, School, Student, Swimming, Fair Admissions Campaign, CIA, Child, Appellate court, FBI, United States Court of Appeals for the First Circuit, Collateral damage, Federation, Fraud, White, Family, Supreme Court of the United States, Pharmaceutical industry

He made legal donations similar to what tens of thousands of other parents give each year to schools including the University of Southern California ("USC").

Key Points: 
  • He made legal donations similar to what tens of thousands of other parents give each year to schools including the University of Southern California ("USC").
  • The recent Fair Admissions U.S. Supreme Court case showed that Harvard has given donor families an average 700% boost in admission rates.
  • This practice is historically common at many universities for qualified applicants, and is still in use today.
  • John Wilson did not commit fraud, he did not bribe any universities, and he did not partake in a grand conspiracy.

NCLA Asks Supreme Court to Hear Securities Law Appeal with Major First Amendment Implications

Retrieved on: 
Wednesday, August 2, 2023
Supreme, Pressure, SEC Rule 10b-5, Speech, Supreme Court of the United Kingdom, Constitutional right, Clothing, United States Court of Appeals for the First Circuit, First Amendment to the United States Constitution, Government, Douglas v. U.S. District Court ex rel Talk America, First, District court, Supreme court, Antonin Scalia, Law of the United Kingdom, NCLA, Ligand Pharmaceuticals, Court, Federation, Fraud, Deception

v. SEC, asking the U.S. Supreme Court to hear a case that poses an important First Amendment dilemma.

Key Points: 
  • v. SEC, asking the U.S. Supreme Court to hear a case that poses an important First Amendment dilemma.
  • That decision contradicts well-established Supreme Court precedent demanding “clear and convincing evidence” proving intentional deception before speech loses First Amendment protection.
  • The Supreme Court should take advantage of this ideal vehicle to further its valiant historical defense of First Amendment rights.
  • NCLA released the following statements:
    “The lower courts have profoundly abridged our client’s free speech rights under the First Amendment.

NCLA Amicus Brief Challenges Supreme Court to Deep-Six Chevron Deference and at-Sea Monitor Rule

Retrieved on: 
Monday, July 24, 2023
Supreme, GPS, The Final Rule, National Oceanic and Atmospheric Administration, United States Court of Appeals for the Fifth Circuit, National Marine Fisheries Service, Person, Judgement, Government, CODA, NOAA, Supreme court, Law of the United Kingdom, Magnuson–Stevens Fishery Conservation and Management Act, Court, NCLA, United States Court of Appeals for the First Circuit, Executive (government), Constitution, Fishery, Commerce, Tobacco, Relentless

NCLA’s amicus brief—co-authored by founder Philip Hamburger—makes important arguments against Chevron deference that the Court has never evaluated.

Key Points: 
  • NCLA’s amicus brief—co-authored by founder Philip Hamburger—makes important arguments against Chevron deference that the Court has never evaluated.
  • Last month, NCLA filed a petition for a writ of certiorari with the Supreme Court challenging the same Final Rule and Chevron in Relentless v. Dept.
  • of Commerce give the Supreme Court every opportunity to correct its Chevron error, restoring judicial independence and due process.
  • Absent Chevron deference, no judge would read the Magnuson-Stevens Act to authorize forcing these fishermen to pay for at-sea monitors.”

NCLA Cert Petition Joins Effort Asking U.S. Supreme Court to Overturn Chevron and Scrap Fishy Rule

Retrieved on: 
Wednesday, June 14, 2023
Loligo, Supreme, GPS, National Marine Fisheries Service, Office of Inspector General, U.S. Department of Health and Human Services, United States Court of Appeals for the Fifth Circuit, The Final Rule, Fishery, The Administrative State, First Circuit Court of the Supreme People's Court, Language, Government, First, Congress, NOAA, MSA, Gulf of Mexico, Administration, Logic, Supreme court, Law of the United Kingdom, NCLA, Court, Magnuson–Stevens Fishery Conservation and Management Act, United States Court of Appeals for the First Circuit, Supreme Court of the United States, Commerce, Illex, Relentless, Atlantic Ocean

Unfortunately, relying on Chevron deference to do the heavy lifting, the First Circuit Court of Appeals upheld that rule.

Key Points: 
  • Unfortunately, relying on Chevron deference to do the heavy lifting, the First Circuit Court of Appeals upheld that rule.
  • Today, the New Civil Liberties Alliance petitioned the U.S. Supreme Court for a writ of certiorari in Relentless Inc., et al.
  • of Commerce, et al., seeking to overturn the Chevron precedent and vacate the rule.
  • But even if the Court does not grant cert in Relentless, NCLA still anticipates the Court will decide the Chevron question in Loper Bright’s favor.

80-20 Educational Foundation Calls for Fair Coverage of Asian Americans in Supreme Court Case

Retrieved on: 
Tuesday, June 6, 2023
Myth, Student, United States courts of appeals, University, United States Court of Appeals for the First Circuit, Multimedia, Harvard College, History, Harvard University, Racism, Civil Rights Act, Title 6, District court, Fair Admissions Campaign, Students for Fair Admissions, Supreme court, ASAM, Fellows, United States district court, Law of the United Kingdom, Ageing, Civil and political rights, Emphasis, SFFA, Civil Rights Act of 1964, John F. Kennedy Supreme Court candidates, Supreme Court of the United States, Jews, Video game, Clothing, Asian Americans

However, the media should not lose sight that at its core, SFFA v. Harvard is about ending discrimination against Asian Americans in college admission.

Key Points: 
  • However, the media should not lose sight that at its core, SFFA v. Harvard is about ending discrimination against Asian Americans in college admission.
  • SFFA's complaint also discusses Harvard's "long history of intentionally discriminating specifically against Asian Americans" going back to the 1970s.
  • Harvard itself implicitly acknowledges that it discriminated against Asian Americans, because since the lawsuit began, Harvard has dramatically increased its admission rate for Asian Americans.
  • Thus, ending Harvard's discrimination against Asian Americans is not a blow against diversity, as coverage based on the 'end of affirmative action' implies.

Manatt Enhances National Litigation and Appellate Capabilities With Preeminent Trial Lawyers in Boston

Retrieved on: 
Monday, May 1, 2023
Consulting, Legal, Professional Services, Finance, Benchmark, Information, Partner (business rank), Lawyer, Court of appeal (Belgium), Chambers and Partners, Mass General Brigham, United States Court of Appeals for the First Circuit, American College, Personal injury, Massachusetts Supreme Judicial Court, Friends, Policy, Privacy, Government, Nat, Organization, Mass, Boston Bar Association, Manatt, Phelps & Phillips, White collar, LLP, Intellectual property, Employment, Chambers, Coif, Massachusetts Appeals Court, Boston College Law School, American College of Trial Lawyers, Publication, International Academy, BTI, Education, Harvard Law School, Princeton University, First Amendment to the United States Constitution, Smith College, Female, Private investigator, Practice of law, Lukey, Charles Manatt

“Joan and Marty are two incredibly respected and well-known lawyers throughout the complex civil, commercial and criminal litigation landscapes, both in Boston and nationwide,” said Donna L. Wilson , Manatt’s CEO and Managing Partner.

Key Points: 
  • “Joan and Marty are two incredibly respected and well-known lawyers throughout the complex civil, commercial and criminal litigation landscapes, both in Boston and nationwide,” said Donna L. Wilson , Manatt’s CEO and Managing Partner.
  • Lukey and Murphy regularly serve in leadership roles for associations and foundations aimed at legal excellence in Boston and across the nation.
  • Both are active members of the American College of Trial Lawyers, with Lukey having served as the first woman to be elected president and is also currently president of the American College of Trial Lawyers Foundation.
  • At their prior firms, they also held leadership roles with Lukey as co-chair of her previous firm’s Complex Trial and Appellate Litigation practice and Murphy as co-chair of his previous firm’s Litigation Department.

NCLA Contests Motion to Dismiss Suit Challenging IRS’s Unlawful Collection of Cryptocurrency Data

Retrieved on: 
Wednesday, February 8, 2023
Identity, IRS, Privacy, Revenue stream, Tax Reform Act, Act, Seizure, Tax Reform Act of 1986, Congress, Hearing, Government, United States Court of Appeals for the First Circuit, Plaintiff, History, Internal Revenue Service, Douglas v. U.S. District Court ex rel Talk America, NCLA, District court, Fifth Amendment, The Act, Supreme court, Cryptocurrency, Coinbase

Today, the New Civil Liberties Alliance, which represents the Plaintiff in Harper v. Rettig, filed a response to IRS’s Motion to Dismiss the lawsuit.

Key Points: 
  • Today, the New Civil Liberties Alliance, which represents the Plaintiff in Harper v. Rettig, filed a response to IRS’s Motion to Dismiss the lawsuit.
  • This massive trove of documents included not only customer identification information but also records of customer account activity and periodic statements of account.
  • IRS’s silence is unsurprising, given that Harper’s 2013-2015 tax returns properly reported his income from Coinbase cryptocurrency transactions.
  • The U.S. District Court for the District of New Hampshire should now deny IRS’s Motion to Dismiss and address the agency’s alarming information-gathering practices.

Antitrust Violation vs. Injury-in-Fact: A distinction that makes a difference

Retrieved on: 
Saturday, February 4, 2023
Nexium, Laboratory, Supreme, Character, Ranbaxy Laboratories, AstraZeneca, Actavis, Government, Risk, Law of the United Kingdom, Policy, United States Court of Appeals for the First Circuit, Esomeprazole, Patent, Pharmacy, District of Columbia Court of Appeals v. Feldman, Supreme court, FTC, Ridesharing company

But private plaintiffs must make an additional showing: to establish antitrust ‘standing,’ private plaintiffs must prove that the antitrust violation caused harm to them.

Key Points: 
  • But private plaintiffs must make an additional showing: to establish antitrust ‘standing,’ private plaintiffs must prove that the antitrust violation caused harm to them.
  • This distinction is deeply rooted in our system of antitrust enforcement, which permits many types of enforcers but limits standing to those with a cognizable claim of injury.
  • But when courts and litigants miss this doctrinal distinction on the road to resolving a case, it can have significant implications for antitrust law and policy.
  • The brief takes no position on the merits of the case, but instead explains that the district court missed the important distinction between an antitrust violation and an injury-in-fact.

Rhode Island Herring Fishermen Encourage Supreme Court Review of NMFS’s at-Sea Monitor Rule

Retrieved on: 
Friday, December 16, 2022
Movement, Law of the United Kingdom, Commerce, NCLA, MSA, National Marine Fisheries Service, United States Court of Appeals for the First Circuit, Magnuson–Stevens Fishery Conservation and Management Act, First Circuit Court of the Supreme People's Court, Old Order German Baptist Brethren, Government, The Administrative State, Congress, Supreme Court of the United Kingdom, Ambiguity, Supreme court, United States Court of Appeals for the Fifth Circuit, NMFS, Fifth Circuit Four

The New Civil Liberties Alliance represents amici here as parties in Relentless Inc., et al.

Key Points: 
  • The New Civil Liberties Alliance represents amici here as parties in Relentless Inc., et al.
  • Without statutory language authorizing it, NMFS implemented a rule forcing regulated fishers to pay the salary of federal observers who track their catch.
  • The Supreme Court should grant certiorari to ensure the MSA is interpreted uniformly in all the nation’s fisheries.
  • This disturbing development may metastasize if not stopped by the Supreme Court now.