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Belfast Project: Moloney & McIntyre Seek A Rehearing
As expected, Ed Moloney and Anthony McIntyre have sought a rehearing in the Belfast Project Case. They seek both a rehearing by the panel and a rehearing en banc. First, some procedural stuff. Under FRAP 40(a)(3), no response to a petition for a panel hearing is permitted without a request from the court, though the……
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Editorial: Some Common Sense On The Belfast Project
I want to give my own views on some issues addressed in recent editorials on the Belfast Project case. In my view, many of the points out there in the blogosphere are wrong or at least arguably wrong, and I think it is worthwhile to put another view out there to let people interested in……
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Belfast Project: Boston College Files Its Reply Brief
Boston College has filed its reply brief in its appeal in the Belfast Project case. As I read the brief, BC is conceding the issue of evidentiary privilege in light of the First Circuit’s decision in McIntyre & Moloney’s appeal. In other words, BC is no longer claiming that there is a privilege to refuse……
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Belfast Project: Is A Petition For An En Banc Rehearing A Waste Of Time?
I previously opined that Moloney & McIntyre’s next move was likely to be a petition for a rehearing en banc, and M&M have confirmed my prediction, though they have not yet filed their petition. And so I took a look at the rules for en banc rehearings in the First Circuit. What I found suggests……
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Belfast Project: The Government Files Its Brief
The government has now filed its brief in opposition to Boston College’s appeal. The basic argument is simple: the College’s appeal is foreclosed by the Court’s recent decision disposing of Moloney & McIntyre’s appeal: Boston College’s argument is untenable after In re: Request, which squarely rejected the claim that First Circuit precedent addressing confidential academic……