U.S. First Circuit

U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog


Class Action for Cable-TV Outage During Storm Can Proceed

Residents of Massachusetts might remember that in October 2011, a surprise "nor'easter" swept across New England, downing power lines, closing roads, and -- most importantly -- depriving cable customers of "Sopranos" reruns. A scant month later, four plaintiffs filed a suit in state court against Charter Communications, their cable company, because their cable service was down for nine days.

Charter removed the case to federal court under the Class Action Fairness Act, then moved to dismiss on the grounds that the plaintiffs' case was moot, as they had already received a credit on their bill for the time the service was down. The district court granted Charter's motion to dismiss.

Last week, in Cooper v. Charter Communications, the First Circuit Court of Appeals affirmed class certification, but reversed the district court's motion to dismiss.

Want to spend more time practicing, and less time advertising? Leave the marketing to the experts.

The trial of Azamat Tazhayakov, better known as one of Dzhokhar Tsarnaev's friends, began earlier this month, and a mere two weeks later, the jury has deliberated and found him guilty.

Let's take a closer look at the details surround the criminal trial.

Rolando Rojas was convicted of distributing cocaine, in violation of federal law, to undercover agent Wing Chau, on three different occasions from January 2011 to March 2011. During the course of the investigation, some of the phone calls were recorded, and meetings were video/audio recorded.

Though the prosecution seemed to have enough evidence for a conviction, it made two errors during closing arguments that could affect the outcome of the trial. Did the First Circuit think so? Let's see.

By now, you know the drill when it comes to Dzhokhar Tsarnaev, the surviving brother accused of orchestrating the Boston Marathon bombings. In the past year, the prosecution has been building its case alleging 30 charges against Tsarnaev, some of which may carry the death penalty.

Tsarnaev's trial is scheduled for November 3, 2014, but today, the first case against one of Tsarnaev's friends -- Azamat Tazhayakov began. Here's a brief review of today's court proceedings.

This week we examine a duo of First Amendment cases. The first garnered national media attention last week as the Supreme Court struck down a Massachusetts "buffer zone" law. The other case, though less widely known, also addresses the First Amendment.

Read on to learn more about the opinions.

With trial set for November, we've seen many motions and maneuverings by trial attorneys in the Dzhokhar Tsarnaev (a/k/a Boston Bomber) case. In just the past year, we've seen Tsarnaev decide to plead not guilty, and the prosecution showed its hand when it filed its notice to seek the death penalty.

Trying to determine the likelihood of obtaining the death penalty in the event that Tsarnaev is found guilty, the prosecution has also asked whether the defense has any intention of submitting expert testimony related to mental capacity -- that is, whether Tsarnaev would plead mental insanity.

Just last week, with Wednesday deadlines looming, we saw more pre-trial rulings.

In 2013, news of a scandal broke in Massachusetts that called into question the veracity of over 40,000 criminal drug cases, reports Al Jazeera. Annie Dookhan, a chemist in a state laboratory, was responsible for processing evidence in drug cases, such as testing for cocaine and heroin, and weighing substances.

Officials later learned that she had fabricated her credentials, contaminated samples, and dry-labbed -- eyeballing evidence rather than actually testing it to determine its contents. The scandal resulted in many convictions and sentences being appealed, and earlier this month, the First Circuit had occasion to hear the first appeal stemming from, as Judge Selya calls it, Dookhan's "skullduggery."

Want to spend more time practicing, and less time advertising? Leave the marketing to the experts.

It seems the federal judiciary has a case of summeritis, as we're not seeing that many ground- breaking cases being decided lately. We'll blame it on the snowy winter.

That said, there are new developments in the traffic stop video taping case, and the First Circuit breathed new life into quid pro quo sexual harassment. And while those cases were decided, we're still waiting to see how the court will rule on an extradition case.

Want to spend more time practicing, and less time advertising? Leave the marketing to the experts.

In 2011, the First Circuit held that "a citizen's right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment," in Glik v. Cunniffe. However, the court noted that the right was not unqualified.

Last month, the First Circuit had a similar case before it, but instead of a citizen filming an arrest in a public square, a citizen filmed a traffic stop. The question before the First Circuit was whether the First Amendment right applies to traffic stops.

President Obama has nominated several Indian-Americans to posts on the federal judiciary, and last week, a unanimous U.S. Senate voted 94-0 to confirm Indira Talwani as the first Indian-American to sit in the First Circuit, reports INDOlink.

Read on to learn more about Massachusetts' newest district judge.