Perusing recent opinions, we came upon a bankruptcy case in the First Circuit of some interest, In re: Palladino 17-1334. Steven and Lori Palladino sent their child, Nicole, to Sacred Heart University, a private Roman Catholic university in Connecticut, whose values, according to its web site, include pursuit of truth, promotion of the common good, and recognition of the dignity and worth of every being. The school “embraces a vision for social justice and…

We’re back! Oral argument On to a presentation on oral argument from our friend Mark Fleming at WilmerHale – how can practitioners optimize their performances so judges will want arguments? First, the moot. One point Mark made was the usefulness of having someone there to take notes, since if you are being mooted, you may not be in a position to remember specific takeaways. Another good suggestion was to stop the moot when you’re giving…

I have just returned from a meeting of the American Academy of Appellate Lawyers in my old stomping grounds, Chicago. It was particularly engaging in terms of subject matter (as well as giving me the opportunity to eat a REAL pizza again). Here’s part one of my take-aways. Storied justice The first session was about appellate brief writing as storytelling, with the speakers two lawyers who write bestselling fiction in their spare time – Ronald …

Yes, it’s been a while – the combination of summer doldrums on the decision-issuing front and busy-ness and vacation frolicking on the part of yours truly. But the appellate courts are all back in session now with the kick off on the first Monday in October by the Supreme Court. So let’s get back to it. The Supremes have a new rule this year (which, because they are the big poohbahs, they can, of course,…

In a spit decision, the First Circuit reversed a dismissal of a putative class action in a Massachusetts consumer protection case. Dumond v. Reily Foods Co., No. 18-2055 (1st Cir. Aug. 8, 2019) The defendant New England Coffee Company sells a “Hazelnut Crème” coffee. The plaintiff sued because the coffee contains no nut – it’s all coffee, no nut, only nut flavored. The district court dismissed the complaint without leave to amend on the basis…

In a spit decision, the First Circuit reversed a dismissal of a putative class action in a Massachusetts consumer protection case. Dumond v. Reily Foods Co., No. 18-2055 (1st Cir. Aug. 8, 2019) The defendant New England Coffee Company sells a “Hazelnut Crème” coffee. The plaintiff sued because the coffee contains no nut – it’s all coffee, no nut, only nut flavored. The district court dismissed the complaint without leave to amend on the basis…

We are in the summer doldrums in terms of issuance of decisions, but an interesting Order came down dated yesterday and appearing today on the First Circuit’s website – Thompson v. JP Morgan Chase, NA, No. 18-1559 (1st Circ., July 29, 2019). The Order certifies a question to the Massachusetts SJC on an issue of state mortgage law. The matter was initially heard before Judges Thompson, Boudin and Kayatta (query why they are listed…