Monday, February 27, 2012

First Look, Coming Soon

The First Circuit has numbered and docketed the appeal from Boston College, so it's now possible to start tracking the case through the courts. BC's docketing statement is due March 8, and will offer a basic first look at what the university's lawyers intend to argue, briefly explaining "the nature of proceeding and the relief sought." So far we've only had a spokesman's representations of what BC thinks their appeal is about.


  1. Chris, the docketing statement is not really a significant event in the appeal. For comparison, take a look at the one McIntyre and Moloney filed in their appeal. Your first look at the substance of the arguments will come in the brief. But I don't think there's much lack of certainty about what the appeal will be about--BC will argue that the judge erred in his review of the second group of interviews because he ordered them turned over despite what he acknowledged was their limited relevance.

  2. Ted,

    Thanks -- I did call it a "basic first look," and it seems their description of "the nature of the relief sought" should give us a clue how far they hope to go with the appeal, e.g. killing the whole order or just pulling an interview or a few interviews out of the pile they have to turn over.

  3. Theodore,
    I notice you didn't comment on Chris' last post, "Called to Account". Any particular reason?

  4. Ed,

    Just that the bit about royalties seems tangential to the stuff I'm interested in--no other reason in particular!