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

April 2017 Archives

Judge Erred in Ruling on Issue Not Raised

Sending back a wrongful death case, a federal appeals court said a trial judge erroneously ruled on a summary judgment issue that had not been raised in the case.

The U.S. First Circuit Court of Appeals said neither party had argued whether the StudentCity tour company caused the accident that took the life of 18-year-old Lisa Tam Chung. Borrowing a quote from Shakespeare, Judge Bruce M. Selya said it was clear that causation was never before the court.

"To say more would be to paint the lily," Selya wrote in Chung v. StudentCity.Com. "The record reflects that the district court granted summary judgment for StudentCity on an issue -- causation -- as to which no discovery had been allowed and no notice had been afforded."

'Animal House' Fraternity Party Is Over

It took almost 40 years, but the Animal House fraternity finally got kicked out for real.

A New Hampshire court upheld a ruling to ban the fraternity from the house that inspired the raunchy 1978 movie. In "National Lampoon's Animal House," John Belushi leads a cast of unruly frat brothers who seek revenge against the dean who kicked them out.

The movie immortalized the Alpha Delta fraternity, which had been affiliated with Dartmouth College since the 1840's. But the college revoked the fraternity's status as a student organization for violating the school's code of conduct in 2015, and the town then sought to terminate its use of the house.