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U.S. First Circuit

First Circuit: Puerto Rican Jockeys Had Right to Strike for Better Pay

By Laura Temme, Esq. | Last updated on

In most cases, the Sherman Antitrust Act prohibits competitors from engaging in a group boycott. This law prevents companies from banding together to fix prices or push another competitor out of the market. However, if the "price" a group is looking to influence is worker's wages, that's a horse of a different color.

Eddie Bauer Store Accused of Racial Hostility in Lawsuit

By William Vogeler, Esq. | Last updated on

A young, well-dressed African-American man interviewed for a job at Eddie Bauer, but he didn't get the job and he never knew why. In a new lawsuit, however, a former employee there says she knows why. The store manager at the Augusta store allegedly put it this way: "Well, he's black and customers won't buy anything from him," the manager said in Atkins-Poulin v. Eddie Bauer. "We never hire people like that here.

US v. Flores-de-Jesus, No. 06-2670

By FindLaw Staff | Last updated on

Defendants' drug convictions are affirmed, where the government improperly used a law enforcement officer as the first witness in a multi-defendant drug prosecution to provide an "overview" of the prosecution's case, but it was highly probable that the testimony did not influence the verdict. Read US v. Flores-de-Jesus, No. 06-2670. Appellate Information: APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. Hon. Jay A. García-Gregory, U.S.

Top 3 Tips for Meet and Confer Success

By Robyn Hagan Cain | Last updated on

If electronic discovery is the vehicle through which lawyers conduct business, the meet and confer is the pre-purchase inspection. Federal Rule of Civil Procedure 26(f), enacted in 2007, requires that parties to litigation "meet and confer" to negotiate the terms of electronic discovery at least 21 days before a scheduling conference is to be held, or a scheduling order is due.The penalties for non-compliance can be steep, according to Scott Devens of 26-F, an e-discovery software company.

Five Things to Know About First Circuit Judge Kermit Lipez

By Robyn Hagan Cain | Last updated on

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list. Muppet-mania is consuming the nation in the most unexpected ways following the release of The Muppets. Needless to say, we have Kermit on the brain. But Kermit the Frog isn’t the only noteworthy Kermit in America.

X-Ray Anal Cavity Search Doesn't Violate Fourth Amendment Rights

By Robyn Hagan Cain | Last updated on

What lawyer can resist an anal cavity search? A cavity search case, that is. This week, the First Circuit Court of Appeals affirmed summary judgment in a civil rights claim against Worcester police officers, finding that a suspect's Fourth Amendment rights are not violated when the government uses technology to conduct an anal cavity search. Worcester police officers arrested Shane Spencer in 2005 for operating a motor vehicle without a license.

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