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

August 2017 Archives

Sarepta Therapeutics, a drug research and development company, won the recent federal appeal over the securities fraud lawsuit against them that was dismissed by the lower federal district court. The lawsuit was filed after the company's stock took a large dive after bad news was announced about the FDA denying approval.

The First Circuit Court of Appeals affirmed the dismissal and confirmed that the plaintiffs failed to allege sufficient facts inferring the defendants intentionally or recklessly deceived investors. In fact, the appellate went into great detail reviewing the facts which show that Sarepta advised investors of the risks, and though optimistic, were transparent about the items of caution.

The First Circuit affirmed the lower court's decision in the case of U.S. v. Giggey. The appeal questioned the sentence that was imposed on an individual convicted of conspiracy to sell, and possession with intent to sell, both controlled and analogue substances. The substance in question was bath salts, which is just a common name for what could be one of many actual drugs or analogues.

The appeal sought to reduce the sentence based upon various legal theories, including leniency, believe it or not. The appellant, Giggey, received a 72-month sentence, which, as the First Circuit Court of Appeals noted, was significantly less than what the lower court could have imposed. Nevertheless, Giggey sought reconsideration.

Defendant Accidentally Confesses to Judge in Personal Letter

From the 'what-was-he-thinking file,' Jaime Bauzo-Santiago gets an 'A' for honesty but an 'F' for felony stupid.

The defendant thought it would be a good idea to ask the judge in his criminal case for a new lawyer. So he made his request in a personal letter, signed and delivered through the prison mail system.

In that letter, however, he also admitted his crime. He appealed his conviction, but he'll have to work out a different response over the next 15 years.

In a case that has roots going back centuries, the fight over the Touro Synagogue in Newport, Rhode Island, reached a turning point this week when the First Circuit Court of Appeals ruled that the Congregation Shearith Israel properly owned the synagogue and its bells.

In issuing their ruling, the First Circuit reversed the lower district court that had ruled in favor of Congregation Jeshuat Israel. This case has been closely followed for the local, and special, interests that surround such a historic landmark.