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

December 2015 Archives

Medical Battery Claim Dismissed by 1st Circuit

The Court of Appeals for the First Circuit affirmed a lower court's dismissal of a battery claim against a doctor who allegedly failed to properly inform his patient of the attendant risks of a surgical procedure.

The case of Bradley v. Sugarbaker has a number of legal issues within it, but we'll focus on the plaintiff's theory of battery against the operating doctor.

Asian Advocacy Group May Not Intervene in 'Fisher' Case, 1st Cir. Rules

The affirmative action hot-potato case of Fisher v. University of Texas is back in SCOTUS and already causing people to froth at the mouth. Justice Antonin Scalia kicked off public gasps with a question that suggested that black and Hispanic students might perform better at less competitive schools. His comments would result in massive response from minority students who wished to intervene in a challenge to Harvard's race-based admissions practices. Well, the First Circuit has ruled that this appearance may not move forward.

Now that this most critical of affirmative action cases is back in the nation's highest court, can the public expect any consistency as to the constitutional place race should or ought to play in college admissions?