1st Circuit Court

Judge Scolds Harvard Prof in RIAA Case

It was initially U.S District Judge Nancy Gertner’s idea that a pro se defendant in a high-profile file-sharing case should seek help from a renowned Harvard Law School professor. But she didn’t hesitate to lecture the errant law prof—and threaten him with sanctions—for ignoring discovery rules, recounts Robert Ambrogi in…

Mar 12, 2009 1:17 AM CDT

Mass. Clerk Accused of Courtoom Sex, Promising Leniency to Defendant

A state-court clerk in Massachusetts has been accused of having courtroom sex with a defendant and promising her leniency in exchange. James “Jim” Burke, 41, was arrested this morning by federal agents and is accused in a federal criminal case with having sex with an accused defendant in an empty…

Feb 27, 2009 8:54 PM CST

Swayed By Lawyer’s Book, Jurors Ask Judge for New Trial in ‘93 Case

They found Alfred Trenkler guilty in 1993 in a fatal 1991 bomb incident that killed a Boston police officer who tried to defuse the device. But now three members of the jury would like to see him get a new trial, reports the Boston Globe. Each has written a letter…

Feb 23, 2009 4:42 PM CST

Extortion Victim’s Name a Secret Under Federal Plea Deal With Alleged Prostitute

Yesterday the Boston Globe reported about a federal plea deal in which an alleged prostitute accused of extorting a six-figure sum from a married businessman is to get a light sentence in exchange for following the prosecution’s lead and keeping the victim’s name secret. Now the Boston federal district court’s…

Feb 18, 2009 8:53 PM CST

Blogger Calls 1st Circuit Libel Ruling ‘Dangerous’

A blogger calls a recent libel ruling by a federal appeals court “the most dangerous libel decision in decades.” The Friday decision by the Boston-based 1st U.S. Circuit Court of Appeals held that a true statement can be subject to a libel suit if it was said with actual malice,…

Feb 17, 2009 5:16 PM CST

Are Banks Liable for Madoff Losses? Plaintiffs Say Yes, Argue Multiple Theories

It’s a bad time to be a bank with any connection to the alleged $50 billion Ponzi scheme that Bernard Madoff is accused of running, or any other such claimed investment swindle. Seeking to recover from banks assets that may not be recoverable from those alleged to be directly responsible…

Feb 7, 2009 1:50 AM CST

Chief Judge Blasts US Attorney Over ‘Egregious Failure’ to Disclose

The chief judge of the U.S. District Court for the District of Massachusetts has issued a 42-page ruling blasting the U.S. attorney there over an alleged pattern of violations by his office of a requirement that exculpatory evidence must be disclosed to the defense in criminal cases. “The egregious failure…

Jan 27, 2009 5:46 PM CST

Oops. Internal E-mails Undercut Litigation Position on Fair Use Issue

Lawyers, of course, are well aware of the need to exercise discretion in internal communications that could later come to light in litigation. But an exchange of e-mails among executives at the GateHouse newspaper chain is now an issue in federal fair-use litigation with the Boston Globe. The exchange and…

Jan 22, 2009 7:13 PM CST

US Appeals Court Orders Expedited Briefs in Webcast Challenge

A federal appeals court has ordered expedited briefing in a challenge to a Boston judge’s order allowing a live Internet broadcast of a hearing in an illegal downloading suit. The hearing—which would have been the first free broadcast of a federal court session live on the Internet—had originally been scheduled…

Jan 22, 2009 4:30 PM CST

Investors in $32.6M Ponzi Scheme Win Only Camaraderie; Bank Not Liable

As in Bernard Madoff’s alleged $50 billion Ponzi scheme, Bradford Bleidt stole $32.6 million by persuading those with social ties to give him money to “invest.” In Bleidt’s case, his victims were fellow Masons in the Boston area who typically had saved money for years while working at blue-collar jobs.…

Jan 20, 2009 7:19 PM CST

Appeals Court Denies Recusal Request for US Judge Accused of Antagonism

A federal appeals court has refused to order the recusal of U.S. District Judge Nancy Gertner based on the defendant’s claims she displayed a “deep-seated favoritism and antagonism.” The 1st U.S. Circuit Court of Appeals said the extraordinary relief sought—removal before trial—was not warranted, the Boston Globe reports. The Boston…

Dec 17, 2008 12:34 PM CST

Retired Lawyer, 74, a ‘Glorified Fence,’ Gets 7 Years in Cezanne Case

A 30-year stolen art saga has ended with a seven-year federal prison sentence for a 74-year-old retired lawyer with dementia who was described by the judge in the case as a “glorified fence.” Robert Mardirosian, a retired Massachusetts lawyer, was sentenced yesterday for attempting to profit from the seven stolen…

Dec 16, 2008 7:28 PM CST

Free Monitoring for Buyers, $6.5M for Lawyers in Massive TJX Data Breach Case

A federal judge in Boston has approved $6.5 million in attorneys fees to the lawyers who brought a class action over a massive data breach at TJX Cos. that is estimated to have involved as many as 100 million accounts compromised by computer hackers. The cost of resolving the breach…

Nov 5, 2008 6:07 PM CST

1st Circuit: Gov’t Must Pay $3.1M to Family of Man Slain By FBI Agent’s Informants

A federal appeals court yesterday upheld a $3.1 million award against the U.S. government to the family of a Quincy, Mass., fisherman killed in 1984 by leaders of the Winter Hill gang in Boston, after a rogue FBI agent leaked information to them. The Boston-based 1st U.S. Circuit Court of…

Oct 18, 2008 2:41 AM CDT

Judge Sides With MIT Students, Lifts Gag Order in Transit Case

A federal anti-hacking law wasn’t intended to prohibit the disclosure of public information about computer security flaws and hence doesn’t prohibit three MIT students from discussing with fellow academics how they learned to circumvent the Boston transit fare system, as part of a class project. That’s what a federal judge…

Aug 19, 2008 8:31 PM CDT