The Latest Breaking News from first Circuit

Flouncing, flaunting, flirting, flouting, foundering, and flounting.

Here's his opinion from today's Toth v. U.S.: In the 1930s, Monica Toth's father fled his home in Germany to escape the swell of violent antisemitism. Eventually, he found his way to South America, where he made a new life with his young family and went on to enjoy a…

From Frese v. Formella, decided today by the First Circuit, in an opinion by Judge Jeffrey Howard, joined by Judges William Kayatta and Rogeriee Thompson: New Hampshire's criminal defamation statute provides that "[a] person is guilty of a class B misdemeanor if he purposely communicates to any person, orally or…

A federal judge suggested that plaintiffs can sue as John Does only to the extent that identifying them would also identify nonparties who want to remain anonymous (such as the students who accused the plaintiffs of sexual misconduct).

Retaliatory pepper spray, excessive damages awards, and the power of the purse.

Mean teachers, bad warrants, and merest coincidences.

From yesterday's decision of the First Circuit in Doe v. MIT, by Judge Bruce Selya, joined by Judges Rogeriee Thompson and Gustavo Gelpi (note that I submitted an amicus brief in the case, in support of neither side): [I.] The court reaffirms that there is a "strong presumption against the…

Retaliatory investigations, reckless investigating, and a consultant's duty.

Rubber stamps, pole cameras, and personal vendettas.

Citizenship, machine guns, and bigamy

A little-noticed federal appeals court ruling this year threatens a key weapon in the United States’ war on drugs: A decades-old law that gives the U_S_ broad authority to make high-seas drug smuggling arrests anywhere in the world, even if those drugs aren't bound for the U_S_ The Maritime Drug…