Boston College St. Ignatius Gate

Breaking: Belfast Project Stay Denied

Boston College St. Ignatius GateThe Court of Appeals for the First Circuit has denied the motion of Anthony McIntyre and Ed Moloney to stay the issuance of the mandate. Moloney & McIntyre’s motion followed their defeat in an appeal aimed at reversing the District Court’s order requiring Boston College to turn over some of the Belfast Project interview materials to the UK authorities. The way is now clear for the clerk to issue the mandate to the District Court, which will, in effect, permit the government to proceed, at least as to those materials whose turnover Boston College is not itself presently appealing. In effect, the First Circuit has authorized the government to turn over the Dolours Price interviews.

The First Circuit did, however, grant a temporary stay through October 1 to permit Moloney & McIntyre to seek a stay in the Supreme Court. And McIntyre’s efforts to obtain relief from the High Court in Belfast are still underway.

Judge Lynch’s brief order does not give the grounds for the court’s decision, other than to say that Moloney & McIntyre’s motion for a stay had failed to “meet the applicable criteria.” Either the court concluded that there was no reasonable probability that the Supreme Court would grant a petition for a writ of certiorari and reverse or it concluded that there was no good cause for a stay, or both.

On to the Supreme Court!

Photo credit: Patricia Drury (license)

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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