2011 First Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 564
Date: December 30, 2011
Docket Number: 11-1215
Justia Opinion Summary: Defendant entered a conditional plea of guilty to a charge of possession with an intent to distribute a controlled substance (21 U.S.C. 841(a)(1)) and appealed denial of a motion to suppress. The First Circuit affirmed.…
Date: December 29, 2011
Docket Number: 10-1413
Justia Opinion Summary: In May 2009, defendant was charged with making false statements in a passport application, falsely representing that he was a U.S. citizen, and aggravated identity theft, 18 U.S.C. 1542, 911, 1028A. In August he filed a…
Date: December 22, 2011
Docket Number: 10-1930
Justia Opinion Summary: Defendant was convicted of possession of child pornography (18 U.S.C. 2253 (a)(4)(B)), three counts of transportation of child pornography via computer in interstate or foreign commerce (18 U.S.C. 2252(a)(1)), and two…
Date: December 22, 2011
Docket Number: 10-1983
Date: December 22, 2011
Docket Number: 10-2028
Date: December 22, 2011
Docket Number: 10-2315
Justia Opinion Summary: Defendant, a drug dealer who, with another, robbed a crack dealer at gun point, was convicted under the Hobbs Act, which makes it a crime to rob or conspire to rob "in any way or degree obstructs, delays, or affects"…
Date: December 22, 2011
Docket Number: 11-1052
Date: December 20, 2011
Docket Number: 09-1766
Justia Opinion Summary: In 2000 defendant entered a "C-type" plea of guilty to conspiring to possess with intent to distribute more than five kilograms of crack cocaine, 21 U.S.C. 841(a)(1), 846. The agreement bound the court to a sentence of…
Date: December 20, 2011
Docket Number: 10-1556
Justia Opinion Summary: Defendant was convicted of conspiring to distribute and possess, with intent to distribute, 1,000 kilograms or more of marijuana; money laundering; engaging in unlawful monetary transactions; and perjury. The First…
Date: December 20, 2011
Docket Number: 10-2316
Justia Opinion Summary: Plaintiff, a tenured professor at the University-defendant, was arrested by campus police and charged with stalking and disorderly conduct after unleashing an expletive-filled tirade against a colleague whom he suspected…
Date: December 20, 2011
Docket Number: 10-2359
Justia Opinion Summary: In 1995, plaintiff, a popular psychic and astrologer, and defendant entered into a contract for production and distribution of materials featuring plaintiff's psychic and astrological services. Plaintiff granted…
Date: December 20, 2011
Docket Number: 11-1407
Justia Opinion Summary: State environmental police officers brought state court litigation against their employer, the Rhode Island Department of Environmental Management, based on the DEM's handling of wage and benefit matters, relating to…
Date: December 13, 2011
Docket Number: 09-2495
Justia Opinion Summary: Defendant, having participated in a string of robberies, was convicted of using force and intimidation to rob a bank insured by the FDIC (18 U.S.C. 2113(a), (d)), and knowingly brandishing a firearm during a crime of…
Date: December 13, 2011
Docket Number: 09-2549
Justia Opinion Summary: Defendant was convicted of using an interstate commerce facility or means in attempting to persuade a minor to engage in illegal sexual activity (18 U.S.C. 2422(b)). The First Circuit affirmed, rejecting a claim that the…
Date: December 12, 2011
Docket Number: 10-2112
Justia Opinion Summary: Petitioner, a citizen of Ukraine, now married to a U.S. citizen, entered the U.S. on a visitor's visa in 1999 and overstayed. An IJ granted voluntary departure by March 8, 2006. A motion to reopen was denied. Petitioner,…
Date: December 12, 2011
Docket Number: 10-2203
Justia Opinion Summary: Defendant was apprehended on a boat in the Caribbean by a Coast Guard counter-narcotics patrol and charged under the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501-70508. The boat, carrying cocaine, did not display a…
Date: December 9, 2011
Docket Number: 10-1235
Justia Opinion Summary: In 2002 defendant was convicted under the Massachusetts aggravated rape statute, Mass. Gen. Laws ch. 265, 22(a). He exhausted state appeals. The district court denied a petition for habeas corpus. The First Circuit…
Date: December 9, 2011
Docket Number: 10-1318
Justia Opinion Summary: After attempting to stop defendant for driving with illegal tinted windows, police gave chase and stopped his truck. Inspecting the interior of the abandoned truck, police found two wrapped blocks of what was later found…
Date: December 9, 2011
Docket Number: 10-1983
Date: December 9, 2011
Docket Number: 10-2028
Justia Opinion Summary: After several failed attempts to establish a voluntary interconnection agreement, the two telecommunications companies went into arbitration with defendant, the Telecommunications Regulatory Board of Puerto Rico.…
Date: December 9, 2011
Docket Number: 10-2244
Justia Opinion Summary: Defendant pled guilty to possession of child pornography, 18 U.S.C. 2252A(a)(5)(B). Calculation of his criminal history, with upward adjustments because of use of a computer, the number of images, images depicting…
Date: December 9, 2011
Docket Number: 11-1052
Justia Opinion Summary: In 1981 defendant, a habitual sex offender, was sentenced to a term of perpetual imprisonment for rehabilitation, to last a minimum of 12 years. He was not released from prison until 2008. The district court dismissed…
Date: December 7, 2011
Docket Number: 10-1321
Justia Opinion Summary: Plaintiff, an RN, stopped working at the hospital and went on disability only a few months after starting work. Her symptoms were attributed to chronic pancreatitis, chronic pain syndrome or fibromyalgia; she took…
Date: December 7, 2011
Docket Number: 11-1050
Justia Opinion Summary: Following a carjacking that resulted in a shooting death, defendant executed a plea agreement without having been informed that the maximum penalty for the crime was life imprisonment. He ultimately received a sentence…
Date: December 5, 2011
Docket Number: 10-2013
Justia Opinion Summary: In 1999 petitioner, a citizen of the Dominican Republic, entered the U.S. without inspection. He married a U.S. citizen in 2001 and obtained conditional resident status 8 U.S.C. 1186a(a)(1). The marriage ended in 2004.…
Date: December 5, 2011
Docket Number: 10-2455
Justia Opinion Summary: A few hours after a domestic disturbance, Austin was spotted trying to get into his former girlfriend's apartment and given disorderly conduct and criminal trespass warnings. He was later spotted, visibly agitated, in a…
Date: December 5, 2011
Docket Number: 11-1145
Justia Opinion Summary: Petitioner, a citizen of Albania, entered the U.S. illegally, on a fraudulent Italian passport, in 2004. Arrested at the airport, he sought asylum. The IJ, BIA, and First Circuit rejected his petitions. While appeal was…
Date: December 2, 2011
Docket Number: 10-2082
Justia Opinion Summary: Defendant, a film company, released a documentary, "The Price of Sugar," in 2007 that depicts treatment of Haitian laborers at sugar plantations in the Dominican Republic. The film mentions plaintiffs, senior executives…
Date: December 2, 2011
Docket Number: 10-2095
Justia Opinion Summary: Convicted of armed robbery of a convenience store, assault and battery, and intimidation of a witness, petitioner was sentenced to five to six years. His habeas corpus petition was denied in the district court. The First…
Date: December 2, 2011
Docket Number: 10-2507
Justia Opinion Summary: Puerto Rico requires all motor vehicle owners to pay for compulsory, state-issued auto insurance when they purchase or renew their vehicle registrations, even if they have obtained equivalent private insurance, with…
Date: December 2, 2011
Docket Number: 11-1088
Justia Opinion Summary: The airline sued federal employees, including an FAA principal maintenance inspector, claiming that intentional and improper delays with respect to inspections and certifications substantially destroyed its business. The…
Date: December 2, 2011
Docket Number: 11-1415
Justia Opinion Summary: Plaintiffs brought a pre-enforcement declaratory judgment challenge to an ordinance requiring that, when there is a change in the identity of a hospitality employer, that employer must retain its predecessor's employees,…
Date: December 1, 2011
Docket Number: 08-1167
Justia Opinion Summary: Defendant was sentenced to life in prison after conviction for his role in importing and distributing marijuana. The First Circuit affirmed. Defense counsel's cross examination of government witnesses opened the door to…
Date: December 1, 2011
Docket Number: 09-1132
Justia Opinion Summary: Defendant was convicted of conspiracy to possess with intent to distribute marijuana and of social security fraud. The district court did not impose a forfeiture order based on a finding of inability to pay. The First…
Date: November 30, 2011
Docket Number: 10-2431
Justia Opinion Summary: Plaintiff was employed as a custodial worker at a Coast Guard Air Station in Puerto Rico for four and one half years before being fired for allegedly pilfering various items. He filed suit against the federal government…
Date: November 28, 2011
Docket Number: 10-2298
Justia Opinion Summary: Plaintiffs, former sales managers at defendant's banquet facilities, sought overtime wages under the Fair Labor Standards Act, 29 U.S.C. 201-219 and state statutes.The district court entered summary judgment, finding…
Date: November 23, 2011
Docket Number: 09-2406
Justia Opinion Summary: DEA agents and local police went to a residence with a warrant to arrest a drug dealer, but no warrant to search. When the owner opened the door, they entered and spent 15-20 minutes questioning the owner's wife and…
Date: November 23, 2011
Docket Number: 09-2415
Justia Opinion Summary: After a gang fight, officers followed and stopped defendant by blocking his path. They did not recognize defendant or have reason to believe he was involved in gang activity. Based on his hand motions, as if he were…
Date: November 23, 2011
Docket Number: 10-1092
Justia Opinion Summary: Defendant, convicted of interstate stalking, cyberstalking, and mailing a threatening communication (18 U.S.C. 2261A(1)-(2), 876(c)), based on communications with his estranged wife and minor child, was sentenced to 137…
Date: November 23, 2011
Docket Number: 10-2270
Justia Opinion Summary: Mortgage deeds executed by the debtors three years earlier were still pending recordation when they filed for Chapter 11 bankruptcy. Debtors sought to avoid the mortgages and to prevent any post-petition actions that…
Date: November 22, 2011
Docket Number: 10-1459
Justia Opinion Summary: After customs officials discovered $543,801 concealed in doors defendant was transporting on a ferry between Puerto Rico and the Dominican Republic, he was charged under 31 U.S.C. 5316(a)(1)(A) & (b); 5322(a); and 5332.…
Date: November 22, 2011
Docket Number: 10-1607
Justia Opinion Summary: Employees of the fire department filed suit under 42 U.S.C. 1983, alleging cronysim and nepotism in employment decisions. The district court granted summary judgment for the department, finding that nothing linked the…
Date: November 22, 2011
Docket Number: 10-2412
Justia Opinion Summary: Officers visited defendant's apartment after setting up a drug buy. Defendant invited them in. Officers spotted a "bait" bill, previously marked and given to the buyer as part of the set up, on a table. Defendant signed…
Date: November 22, 2011
Docket Number: 11-1151
Justia Opinion Summary: Police, responding to a 911 call, stopped plaintiff, a pedestrian. While he was standing near the cruiser, it was struck from behind by a second cruiser. Plaintiff, injured in the collision, filed suit under 42 U.S.C.…
Date: November 22, 2011
Docket Number: 11-1247
Justia Opinion Summary: Petitioner was convicted of first-degree murder for killing his mother. The district court denied a petition for habeas corpus. The First Circuit affirmed. Admission of expert testimony at trial, based on the expert's…
Date: November 18, 2011
Docket Number: 09-2607
Justia Opinion Summary: In May 2006, defendant was charged in the U.S. District Court for the District of Maine, with identity theft and aggravated identity theft (18 U.S.C. 1028(a)(7) and 1028A(a)(1)). A warrant issued, but was not executed,…
Date: November 18, 2011
Docket Number: 10-2379
Justia Opinion Summary: Defendant failed to close on a real estate contract. The seller retained his $25,000 earnest money, resold the property, and assigned his claim for the $400,000 price differential to plaintiff. The district court…
Date: November 18, 2011
Docket Number: 11-1172
Justia Opinion Summary: A business entity sued an investment fund manager for fraud in Massachusetts state court. Defendant removed to federal court, which dismissed based on the statute of limitations. On appeal, the Sixth Circuit noted that…
Date: November 16, 2011
Docket Number: 10-1775
Justia Opinion Summary: On Monday afternoon, a sentencing hearing scheduled for Wednesday afternoon was rescheduled to Wednesday morning. The court sent electronic notice; prior notices and filings had been electronic. The attorney failed to…
Date: November 16, 2011
Docket Number: 10-2488
Justia Opinion Summary: Plaintiff brought suit under the Labor Management Relations Act, 29 U.S.C. 185, claiming that her employer violated the collective bargaining agreement when it reclassified a position for which she was hired, resulting…
Date: November 10, 2011
Docket Number: 10-2329
Justia Opinion Summary: In 2005, plaintiffs, residents of Puerto Rico, contracted with defendants, Florida corporations, to purchase condominiums to be built in Florida, and submitted earnest money. Because of the financial crisis, the units…
Date: November 10, 2011
Docket Number: 10-2390
Justia Opinion Summary: In 1991, petitioner, a citizen of Guatemala, was taken into custody by immigration officials while crossing the Rio Grande. He applied for asylum, but did not appear at a hearing. A deportation order issued. In 2001…
Date: November 10, 2011
Docket Number: 11-1080
Justia Opinion Summary: Plaintiff, an employee of the VA, was accused of committing fraud with respect to a work-related injury. Her employment was terminated. When mediation failed, plaintiff was notified that she had 15 days to file a…
Date: November 10, 2011
Docket Number: 11-1339
Justia Opinion Summary: A TSA worker developed a diabetic ulcer on his foot, was unable to work, and, after missing several months of work, was terminated from his position. The district court dismissed claims under the Aviation and…
Date: November 9, 2011
Docket Number: 10-1609
Justia Opinion Summary: PRTC, telecommunications local exchange carrier under the jurisdiction of the Telecommunications Regulatory Board of Puerto Rico and the FCC, entered into an interconnection agreement with Sprint. In a dispute concerning…
Date: November 9, 2011
Docket Number: 10-1610
Date: November 3, 2011
Docket Number: 10-1637
Justia Opinion Summary: Defendant was convicted of conspiracy to possess with intent to distribute marijuana, 21 U.S.C. 841(a)(1), 846. The district court, relying on trial testimony and the PSI Report, attributed 26 kilograms of marijuana to…
Date: November 2, 2011
Docket Number: 09-1108
Justia Opinion Summary: Convicted of distribution of cocaine base, 21 U.S.C. 841(a)(1)(2006), totaling five or more grams, within 1000 feet of a school, 21 U.S.C. 860, defendant was sentenced, as a career offender, to 216 months in prison. The…
Date: November 2, 2011
Docket Number: 09-1896
Justia Opinion Summary: Defendant, a lawful permanent resident of the U.S. shared a home. When his housemate's visa expired and he was unable to obtain work, defendant allowed the housemate, for a nominal fee, the use of his driver's license…
Date: November 2, 2011
Docket Number: 09-2174
Justia Opinion Summary: Defendant purchased an expired passport and a social security card and attempted to use them to obtain a passport with his picture. He entered a plea of guilty to two counts of making false statements in a passport…
Date: November 2, 2011
Docket Number: 10-2373
Justia Opinion Summary: Petitioner, a citizen of the Dominican Republic, entered the U.S. in 1982 and became a lawful permanent resident. About 10 years later he pled guilty to armed robbery. Later he pled guilty to auto-stripping. Upon his…
Date: November 1, 2011
Docket Number: 10-1013
Justia Opinion Summary: Plaintiff filed suit in 2007 against the two officers who arrested her during a nightclub incident. The district court denied her motion to amend her complaint to add the City of New Bedford as a defendant. She did not…
Date: November 1, 2011
Docket Number: 10-2048
Justia Opinion Summary: A federal grand jury issued a subpoena to a law office, commanding production of documents relating to a real estate transaction. The attorney obtained the client's consent and complied. The client changed his mind,…
Date: November 1, 2011
Docket Number: 10-2261
Date: November 1, 2011
Docket Number: 11-1364
Justia Opinion Summary: In 2005 the debtor business purchased a business and signed a promissory note. The business failed, allegedly because the seller continued to compete, in violation of the contract. The debtor listed a breach of contract…
Date: October 31, 2011
Docket Number: 09-1455
Justia Opinion Summary: After agents traced an Internet site containing child pornography to a computer shop, they obtained a warrant and searched hard drives of the owner's personal computers, where they found files containing pornography. The…
Date: October 31, 2011
Docket Number: 10-1152
Justia Opinion Summary: A child was seriously injured when she was hit in the head by an object thrown by a lawnmower being operated at the federal building adjoining her childcare center. Separate entities provided child care and lawn…
Date: October 31, 2011
Docket Number: 10-1542
Justia Opinion Summary: During a fight in a bar, the insured hit an individual with a glass mug, resulting in emergency surgery and permanent scars. The parties negotiated a settlement of civil liability that included the injured party's…
Date: October 31, 2011
Docket Number: 10-1800
Justia Opinion Summary: Plaintiff obtained a lease and permits and renovated a space for a tavern, but was unable to obtain transfer of the previous operator's liquor license or a new license. He began to sell liquor without a license. A…
Date: October 31, 2011
Docket Number: 11-1138
Justia Opinion Summary: A citizen of Guatemala unlawfully entered the U.S. in 1989. In 1997 he was convicted, in Massachusetts, of willful and malicious destruction of property and two counts of assault and battery. The convictions were the…
Date: October 27, 2011
Docket Number: 11-1225
Justia Opinion Summary: The union that represents postal workers raised concerns that newly hired non-veteran employees had begun work earlier, and thus received higher seniority rankings, than veteran employees, despite the fact that the…
Date: October 26, 2011
Docket Number: 09-1693
Justia Opinion Summary: Defendant robbed a federally-insured bank and, while escaping in a stolen car, crashed head-on into a car driven by a teen-aged girl. In state court he was convicted of resisting arrest, receiving a stolen vehicle,…
Date: October 26, 2011
Docket Number: 10-1559
Justia Opinion Summary: Hospital records state that decedent died of a nonsurvivable head injury following an accidental fall at a casino. An insurer refused to pay, claiming that the fall was likely caused by a stroke, so that death was not…
Date: October 25, 2011
Docket Number: 09-2305
Justia Opinion Summary: A employee made a series of attempts to obtain benefits under the company's long-term disability policy. A copy of the plan, which he obtained during internal appeals, contained no limitation on filing suit to challenge…
Date: October 25, 2011
Docket Number: 09-2565
Justia Opinion Summary: In 1999 plaintiff pled guilty to making false statements while working on a project funded by the Federal Highway Administration (18 U.S.C. 2, 1014, and 1020). The agreement prohibited plaintiff from participating in any…
Date: October 25, 2011
Docket Number: 10-1651
Justia Opinion Summary: In 2006 defendant was convicted of various immigration crimes, including harboring five illegal aliens from Brazil (8 U.S.C. 1324), and sentenced to five years in prison. After the trial, but before sentencing, he was…
Date: October 25, 2011
Docket Number: 10-2165
Justia Opinion Summary: Petitioner, a native of Romania, entered the U.S. legally with a visa that allowed him to work as a driver for a particular company. He conceded removability after an inspection revealed that he had switched companies…
Date: October 24, 2011
Docket Number: 10-2261
Justia Opinion Summary: Plaintiff, sued by a competitor and by consumers for unfair trade practices, false and misleading advertising, and deceptive labeling, among other claims, sought indemnity and defense costs from its insurer. The insurer…
Date: October 21, 2011
Docket Number: 10-1522
Justia Opinion Summary: Plaintiff, who suffers epilepsy, began working as a part-time kitchen assistant in 1999. His episodes would cause him to leave work three to six times each year, but generally he just stepped back and resumed work after…
Date: October 21, 2011
Docket Number: 10-2425
Justia Opinion Summary: Taxpayer, the founder of EMC, a manufacturer of computer storage devices received non-qualified options to acquire EMC stock. When he exercised those options in 2001, they generated $162 million of ordinary income; it…
Date: October 20, 2011
Docket Number: 09-1769
Justia Opinion Summary: Plaintiff, a former municipal employee, claimed that he was harassed and terminated for political reasons. The district court dismissed his suit, alleging various claims under 42 U.S.C. 1983. The First Circuit affirmed…
Date: October 20, 2011
Docket Number: 10-2384
Justia Opinion Summary: Hackers breached the security of the database for the grocery store where plaintiffs shop. The district court determined that plaintiffs failed to state a claim under Maine law for breach of fiduciary duty, breach of…
Date: October 18, 2011
Docket Number: 10-1865
Justia Opinion Summary: Plaintiff, engaged in treatment and disposal of regulated biomedical waste, had trouble with its shredder and obtained approval from the Puerto Rico Environmental Quality Board to use autoclaves. After a few years, an…
Date: October 18, 2011
Docket Number: 10-2293
Justia Opinion Summary: Defendant was prohibited from possessing a computer or accessing the internet while on home confinement, after being released from prison following a 2005 plea of guilty to wire, mail, and bank fraud. He nonetheless used…
Date: October 18, 2011
Docket Number: 11-1146
Justia Opinion Summary: Police arrested plaintiff for driving without license. A confidential informant, who had provided reliable information in the past, told police that plaintiff had inserted a package of crack cocaine into his anal cavity…
Date: October 14, 2011
Docket Number: 10-1953
Justia Opinion Summary: Plaintiff worked for defendant, primarily as a stevedore, for 57 years. In 2006-2007, he missed several months of work due to physical ailments and received disability benefits. Plaintiff claims that when he returned to…
Date: October 14, 2011
Docket Number: 10-2009
Justia Opinion Summary: Based on his participation in an armed robbery of a supermarket, defendant was convicted on counts of robbery, use of a firearm, possession of a stolen firearm, and as a felon in possession. The First Circuit affirmed,…
Date: October 13, 2011
Docket Number: 09-2468
Justia Opinion Summary: Defendants, jointly tried and convicted of drug-related crimes, unsuccessfully petitioned for habeas corpus (18 U.S.C. 2255). The First Circuit affirmed with respect to one defendant and vacated with respect to the…
Date: October 13, 2011
Docket Number: 10-1891
Justia Opinion Summary: Police arrested defendant while executing a search warrant at his apartment. They recovered five firearms, 398 rounds of ammunition, firearms-related items (rifle scope, rifle case, and holsters), 29.4 grams of…
Date: October 13, 2011
Docket Number: 11-1782
Justia Opinion Summary: In 2010 defendant, then serving a sentence in Rhode Island state prison for parole and probation violations, was charged with a 2000 armed robbery and murder of a gas station manager (18 U.S.C. 924(c)(1)(A); 924(j)(1)…
Date: October 12, 2011
Docket Number: 10-1026
Justia Opinion Summary: Plaintiff, a municipal employee since 1989, was diagnosed with fibromyalgia in 2005. She claimed of disability discrimination and retaliation in violation of the Americans with Disabilities Act, 42 U.S.C. 12101 and the…
Date: October 12, 2011
Docket Number: 10-2146
Justia Opinion Summary: Investigation of a massive drug-trafficking operation led to apprehension of Ramirez, who admitted that he and defendant were partners in a franchise of the larger drug-trafficking ring. Defendant's residence was…
Date: October 7, 2011
Docket Number: 10-2063
Justia Opinion Summary: Plaintiff, a 49-year-old Cape Verdean female who self-identifies as black, began working for defendant as a Budget Administrator in 2001. Between 2004 and 2008, she applied for, and was denied, promotion to four…
Date: October 7, 2011
Docket Number: 10-2087
Justia Opinion Summary: Purchasers of a motor home claim that defects resulted in leakage, which caused mold growth, rendering the home uninhabitable and causing health problems. The manufacturer, which was self-insured on claims up to…
Date: October 5, 2011
Docket Number: 10-1824
Justia Opinion Summary: Plaintiff suffered a hand injury while operating a hand saw manufactured by defendant, while working at a construction site. A jury awarded plaintiff $1.5 and, although it found plaintiff to be 35 percent at fault, the…
Date: October 4, 2011
Docket Number: 09-2405
Justia Opinion Summary: The buyer of a personal computer found child pornography on the hard drive and contacted authorities. The seller, a non-commissioned Naval officer, was ordered to return to his home, where police were questioning his…
Date: October 3, 2011
Docket Number: 10-1838
Justia Opinion Summary: The companies are direct competitors in importing and distributing pharmaceutical ingredients manufactured in China. Plaintiff claimed that defendant intentionally interfered with one of its contracts and sought damages.…
Date: October 3, 2011
Docket Number: 10-2342
Justia Opinion Summary: Plaintiff, a dental hygienist at defendant's dental health center for more than 10 years, claimed that supervisors subjected her to unpaid work hours because she is black and then to selective discipline and other…
Date: September 29, 2011
Docket Number: 09-2635
Justia Opinion Summary: After an election, in which the political party that had been in power in the municipality for eight years lost power, the new mayor hired a consultant to evaluate the budget. In response to the report, which indicated…
Date: September 29, 2011
Docket Number: 10-1760
Justia Opinion Summary: Defendant pled guilty to one count of conspiracy to smuggle illegal aliens into the U.S. (8 U.S.C. 1324(a)(1)(A)(i), (v)(I) and was sentenced to 12 months and one day of imprisonment, followed by three years supervised…
Date: September 29, 2011
Docket Number: 10-2167
Justia Opinion Summary: In 1995 Puerto Rico enacted a law mandating minimum liability insurance for drivers and created the Asociación de Suscripción Conjunta del Seguro de Responsabilidad Obligatorio to provide compulsory liability insurance…
Date: September 23, 2011
Docket Number: 09-2482
Justia Opinion Summary: Defendant, a patent attorney and licensed engineer, the divorced father of children born in 1985, 1986, and 1991, was ordered in 2002 to pay weekly child support of $1,406 per week plus $300 per week toward past medical…
Date: September 23, 2011
Docket Number: 10-1155
Justia Opinion Summary: Officers executed a search warrant at defendant's residence and found a loaded firearm, defendant's identification, five bags of heroin, a bag of cocaine, $500 in cash, a razor blade, and empty baggies. In custody, he…
Date: September 22, 2011
Docket Number: 10-1555
Justia Opinion Summary: Defendant entered a guilty plea to arson of a building owned by an organization receiving federal financial assistance, 18 U.S.C. 844(f). After a prior appeal led to remand for resentencing, defendant appealed the…
Date: September 22, 2011
Docket Number: 10-1787
Justia Opinion Summary: Plaintiff, an employee of the USDA since 1977, claimed discrimination based on age and gender and retaliation for having complained about discrimination in the past. The district court entered summary judgment against…
Date: September 22, 2011
Docket Number: 10-2018
Justia Opinion Summary: Plaintiff wished to open a franchise in Puerto Rico and sought assistance from defendants, who asserted that it was a "done deal" and accepted a $400,000 retainer, a $100,000 business brokers' fee, and another $125,000…
Date: September 22, 2011
Docket Number: 10-2174
Justia Opinion Summary: A class action was brought against companies engaged in credit repair and debt consolidation, alleging a scheme to defraud debtors in violation of the federal Credit Repair Organizations Act, 15 U.S.C. 1679, and the…
Date: September 19, 2011
Docket Number: 10-2064
Justia Opinion Summary: After discovery of previously-undisclosed evidence, plaintiff's murder conviction was vacated and he was released after more than 30 years in prison. His suit for damages, against the city and detectives, was dismissed.…
Date: September 16, 2011
Docket Number: 10-1305
Date: September 16, 2011
Docket Number: 10-2432
Date: September 16, 2011
Docket Number: 10-1881
Justia Opinion Summary: Until 2005, when the Puerto Rico Board of Medical Examiners promulgated a first-in-the-nation regulation that limited the practice of cosmetic medicine to particular classes of medical specialists, all licensed…
Date: September 16, 2011
Docket Number: 10-1947
Date: September 16, 2011
Docket Number: 10-2052
Justia Opinion Summary: Recording companies sought statutory damages and injunctive relief under the Copyright Act, 17 U.S.C. 101, claiming willful infringement of copyrights of music recordings by using file-sharing software to download and…
Date: September 14, 2011
Docket Number: 10-1714
Justia Opinion Summary: The district court declined to enter judgment on on the pleadings, in favor of defendants, in a case under 42 U.S.C. 1983. The complaint alleged that defendants failed to provide medical services to an inmate, who had…
Date: September 14, 2011
Docket Number: 11-1169
Justia Opinion Summary: In 1979, plaintiff began developing proprietary aircraft maintenance tracking software; it has continually modified the source code for the software. Source code is the original version of a computer program that is…
Date: September 14, 2011
Docket Number: 10-2327
Justia Opinion Summary: Plaintiff, a small, family-owned firm, with Puerto Rican owners, does construction and related work on electrical utility lines, and had contracts with defendant. Plaintiff's employee was severely electrocuted and burned…
Date: September 12, 2011
Docket Number: 09-2325
Justia Opinion Summary: In 2000 defendant and others robbed a warehouse. In an ensuing gunfight, one robber was killed and defendant was wounded. Defendant was convicted of Hobbs Act robbery, 18 U.S.C. 1951(a); aiding and abetting unlawful…
Date: September 12, 2011
Docket Number: 10-2423
Justia Opinion Summary: In 1996, when their company (LS&H) was bought out, defendants signed confidentiality and non-competition agreements for a term of "12 months after termination of my employment with LS&H;" each was paid $2,500 for signing…
Date: September 9, 2011
Docket Number: 10-1305
Date: September 9, 2011
Docket Number: 10-2432
Justia Opinion Summary: A company that provides employee training filed suit against a client, claiming breach of contract based both on alleged failure to pay a gain sharing fee and breach of confidentiality provisions.It sought an accounting…
Date: September 9, 2011
Docket Number: 10-2047
Justia Opinion Summary: Plaintiff, a sales representative for the company and member of the National Guard was deployed to Iraq. When he returned, the company told him there were no positions available. The company eventually offered, and…
Date: September 8, 2011
Docket Number: 09-2021
Justia Opinion Summary: Petitioner was prosecuted and convicted 13 years after the murder of his wife. The evidence suggested that the motive was to obtain control of a small inheritance for drugs and prostitutes. The highest court of…
Date: September 1, 2011
Docket Number: 08-1986
Justia Opinion Summary: Three defendants were charged with conspiring to defraud the U.S. by obstructing the functions of the IRS, endeavoring to obstruct administration of the Internal Revenue laws, filing false tax returns, making false…
Date: September 1, 2011
Docket Number: 09-2665
Justia Opinion Summary: Petitioner, convicted of a 1984 Massachusetts murder, exhausted state appeals. After hearing new evidence that, according to a witness, another man had made self-incriminating about the murder, the district court denied…
Date: September 1, 2011
Docket Number: 10-1925
Justia Opinion Summary: Plaintiff alleged antitrust violations of the Clayton Act, 15 U.S.C. 12-27, and Sherman Act, 15 U.S.C. 1-7, and violations of Puerto Rico law based on defendants' merger and later activities. Plaintiff has been a…
Date: August 31, 2011
Docket Number: 09-2624
Justia Opinion Summary: In 2000 defendant entered a plea of guilty to two drug-related conspiracies and the court imposed concurrent 10-year sentences, followed by five years of supervised release. Approximately 14 months after his release, the…
Date: August 31, 2011
Docket Number: 10-1976
Justia Opinion Summary: Plaintiff, who signed documents presented by her husband without reading them, sought damages and to rescind two mortgages ostensibly encumbering titles to her residence in Massachusetts and a retreat in Maine. Her…
Date: August 31, 2011
Docket Number: 10-2284
Justia Opinion Summary: Debtor, a waste disposal firm, borrowed from FFC, giving FFC a security interest before filing a Chapter 11 petition in 2003. In 2005 a trustee, appointed to run the business, moved to convert to a Chapter 7 proceeding…
Date: August 29, 2011
Docket Number: 08-2026
Justia Opinion Summary: A neurosurgeon sued her employer, a hospital, and her former supervisor, Day, alleging gender discrimination by disparate treatment and hostile environment; retaliation; violation of the Massachusetts Health Care…
Date: August 29, 2011
Docket Number: 10-1587
Justia Opinion Summary: The heirs of a composer, who died in 2003, sued a music publisher and a performance rights society, with which the composer had contracted in 1995 with respect to four songs. The defendants failed to supply royalty…
Date: August 29, 2011
Docket Number: 10-2153
Justia Opinion Summary: Plaintiff, left paralyzed from the chest down after an accident at work, sued the company that built a specialized trailer for his employer. A jury rejected negligence and implied warranty of merchantability claims. The…
Date: August 29, 2011
Docket Number: 10-2239
Justia Opinion Summary: A regional television personality was discharged from his employment with Comcast Network after he publicly protested the selection of political commentator Bill O'Reilly for a prestigious broadcasting award. He filed a…
Date: August 26, 2011
Docket Number: 09-2317
Justia Opinion Summary: Plaintiff, hired in 1998, filed suit alleging sexual harassment (42 U.S.C. 2000e and the Puerto Rico Anti-Discrimination Act, P.R. Laws tit. 29, 146) by his supervisor in 2001. The case languished for several years…
Date: August 26, 2011
Docket Number: 10-1304
Justia Opinion Summary: In April 1999, a Massachusetts jury convicted petitioner of rape, kidnapping, assault and battery with a dangerous weapon, and carjacking. After unsuccessful attempts at post-trial relief in state court, he filed an…
Date: August 26, 2011
Docket Number: 10-1372
Justia Opinion Summary: Plaintiff worked for a temporary staffing agency and, on assignment to a pharmaceutical company, was cited and reprimanded for noncompliance with company rules several times. When she applied for a permanent position…
Date: August 26, 2011
Docket Number: 10-1764
Justia Opinion Summary: Plaintiff was arrested for using his cell phone camera to film police officers arresting a man on the Boston Common. Charges included violation of the Massachusetts wiretap statute and two other state-law offenses, were…
Date: August 26, 2011
Docket Number: 11-1001
Justia Opinion Summary: The company sought a preliminary injunction against a former employee to prohibit violation of his employment agreement by competition with the company, solicitation of its customers and remaining employees, and use of…
Date: August 24, 2011
Docket Number: 09-2667
Justia Opinion Summary: The district court entered summary judgment in favor of defendants on claims of sexual harassment, in violation of Mass. Gen. Laws ch. 151(B) and Title VII, 42 U.S.C. 2000e-2; retaliation, in violation of Title VII,…
Date: August 24, 2011
Docket Number: 10-1365
Justia Opinion Summary: Customs and Border Patrol officers seized more than two kilograms of heroin and 96 kilograms of cocaine from defendant's vehicle during a border search conducted upon his return to Puerto Rico from the Dominican…
Date: August 24, 2011
Docket Number: 10-1449
Justia Opinion Summary: A six-year-old boy, with profound hearing impairment, was furnished with transportation to and from school as part of his individualized education program. The school district contracts with a private company for bus…
Date: August 19, 2011
Docket Number: 10-1241
Justia Opinion Summary: The family owned property and lived in Newburyport, but enrolled their son in school in Stamford, Connecticut during the 2008-2009 school year. His mother rented an apartment in Connecticut and on weekends returned to a…
Date: August 19, 2011
Docket Number: 10-1619
Justia Opinion Summary: In 2005, federal agents executed a search warrant on the residence of a fugitive felon, thought to be dangerous. That house was near the property of plaintiff's parents. The complaint alleges that unnamed agents…
Date: August 19, 2011
Docket Number: 10-1907
Justia Opinion Summary: After defendant pled guilty to conspiracy to distribute narcotics, (21 U.S.C. 841(a)(1), 846), the district court sentenced him to 84 months in prison and four years of supervised release. Less than halfway through…
Date: August 19, 2011
Docket Number: 10-2151
Justia Opinion Summary: The executor paid estate taxes in October, 2003, and filed the estate tax return in September, 2004, but the IRS denied a second extension request and he did not file an amended return and refund request for overpaid…
Date: August 18, 2011
Docket Number: 09-1503
Justia Opinion Summary: Plaintiff worked for the authority for 22 years while receiving treatment for schizophrenia, a condition diagnosed more than 30 years earlier. He received excellent evaluations. He claims that, beginning in 2005, his…
Date: August 18, 2011
Docket Number: 09-2276
Justia Opinion Summary: After pleading guilty to conspiring to possess with intent to distribute significant amounts of cocaine, crack, and marijuana, defendant moved to withdraw his plea as involuntary due to his excessive consumption of…
Date: August 17, 2011
Docket Number: 09-1928
Justia Opinion Summary: In 2005 husband and wife were attacked outside a restaurant; husband died, wife was seriously injured. Six months after the attack, wife sued husband's parents, seeking part of husband's large estate. Wife was indicted…
Date: August 16, 2011
Docket Number: 09-2135
Justia Opinion Summary: Defendants and 16 others were charged with distribution and conspiracy to distribute controlled substances including 5 kilograms or more of cocaine and marijuana (21 U.S.C. 841(a)(1), 846) and aiding and abetting.…
Date: August 15, 2011
Docket Number: 10-1663
Justia Opinion Summary: The Mississippi Public Employees' Retirement System filed a class action, claiming that senior management of a publicly traded manufacturer of medical devices in which it invested, withheld material information and made…
Date: August 12, 2011
Docket Number: 09-2263
Justia Opinion Summary: After opening fire on officers attempting to arrest him, defendant was charged as a felon in possession of ammunition (18 U.S.C. 922 (g)); assaulting, resisting, opposing, impeding, intimidating, and interfering with a…
Date: August 11, 2011
Docket Number: 09-1330
Justia Opinion Summary: Defendant has a long history as a victim and as a perpetrator of sexual abuse and was convicted in 2002, for possession of child pornography. In 2006, a day before his scheduled release from custody, the Bureau of…
Date: August 11, 2011
Docket Number: 10-1109
Justia Opinion Summary: Husband entered the U.S. in 2002, using a false Italian passport and wife entered on a temporary tourist visa that subsequently expired. Both are citizens of Albania. In 2003, husband applied for asylum and withholding…
Date: August 11, 2011
Docket Number: 10-2049
Justia Opinion Summary: National Organization for Marriage challenged the constitutionality of Maine election laws (Me.Rev.Stat. title 21A sec. 1052) as overbroad under the First Amendment and so vague in its terms, particularly with respect to…
Date: August 11, 2011
Docket Number: 11-1196
Date: August 11, 2011
Docket Number: 10-2304
Justia Opinion Summary: National Organization for Marriage challenged the constitutionality of Rhode Island election laws as overbroad under the First Amendment and so vague in its terms as to violate due process. The laws govern registration…
Date: August 11, 2011
Docket Number: 10-2415
Justia Opinion Summary: Plaintiff designs, manufactures, and sells computer mice and, in 1995, contracted with defendant to manufacture the products in bulk. The agreement identifies the "Product" as inventions, designs, methods and related…
Date: July 27, 2011
Docket Number: 09-1835
Justia Opinion Summary: During a raid of a motel room in which he was a guest, defendant was place on the floor and handcuffed in the wake of his host's arrest on drug charges. Defendant consented to a search of his pants pocket to locate…
Date: July 27, 2011
Docket Number: 09-2472
Justia Opinion Summary: Defendant was convicted of two counts of attempting to entice a minor to engage in sexual conduct, 18 U.S.C.§ 2422(b), entered a plea of guilty to a charge of possession of child pornography, and was sentenced to 200…
Date: July 27, 2011
Docket Number: 10-1096
Justia Opinion Summary: The claim arose from an accident at a construction site. The company was insured under its own commercial general liability policy, issued by Acadia, and as an additional insured on a subcontractor's policy, issued by…
Date: July 27, 2011
Docket Number: 10-2196
Justia Opinion Summary: The company began requiring its field technicians to carry company-issued cell phones during work. The phones contain a GPS, which allows the company to monitor the locations of the technicians, who are represented by a…
Date: July 26, 2011
Docket Number: 10-1022
Justia Opinion Summary: Defendant, charged with selling 86 social security cards and birth certificates to undercover agents, entered a plea of guilty on one count of aggravated identity theft, based on an agreement whereby the prosecution…
Date: July 26, 2011
Docket Number: 10-1886
Justia Opinion Summary: In 2002 one of the company's founders informed the company that he wanted the company to buy out his 23 percent stock ownership interest. The company agreed to pay $255,908 plus $400,000, the equivalent of one year's…
Date: July 22, 2011
Docket Number: 10-1397
Justia Opinion Summary: The district court entered an order to enforce a settlement agreement against a partner, which the partner signed after mediation of several lawsuits concerning six family-run real estate partnerships. The partner had…
Date: July 22, 2011
Docket Number: 10-2133
Justia Opinion Summary: In 2001, a jury convicted defendant of reckless second-degree murder, five counts of second-degree assault, endangering the welfare of a minor, and simple assault in connection with the death of his girlfriend's…
Date: July 22, 2011
Docket Number: 10-2134
Justia Opinion Summary: The city and stopped paying full reimbursement of certain medical expenses for former firefighters and police officers who had retired on disability pensions. The retirees alleged that the decision violated state…
Date: July 21, 2011
Docket Number: 09-2314
Justia Opinion Summary: A Ph.D., in his late 40s, twice applied for an assistant professorship at University of Puerto Rico. A 30-year-old was ultimately hired. The district court dismissed an age discrimination action (29 U.S.C. 623(a),(d)) on…
Date: July 15, 2011
Docket Number: 10-1409
Justia Opinion Summary: In 2004, defendant had the used boat inspected. Although he could not test the engine, a certified marine surveyor concluded that the boat was good for cruising around Puerto Rico and coastal waters. Plaintiff, a…
Date: July 14, 2011
Docket Number: 10-2083
Justia Opinion Summary: Alleging violations of the First Amendment, Equal Protection (42 U.S.C. 1983), and Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, an Orthodox Jewish former inmate at the New Hampshire State…
Date: July 14, 2011
Docket Number: 10-2262
Justia Opinion Summary: Plaintiffs filed a putative class action against a hospital network and senior executives, claiming to represent more than 12,000 employees deprived of compensation for work performed during their meal break, for work…
Date: July 13, 2011
Docket Number: 09-2231
Justia Opinion Summary: Plaintiff, a resident of Nevada, negotiated an oral contract with defendant, a citizen and resident of Israel. Defendant worked for one of plaintiff's companies, a Delaware corporation with offices in Massachusetts and…
Date: July 13, 2011
Docket Number: 10-1124
Justia Opinion Summary: Former employees of defendants participated in the Capital Accumulation Plan, under which they received portions of their earned commissions in the form of Citigroup stock, received at a 25% discount and on a…
Date: July 12, 2011
Docket Number: 10-1972
Justia Opinion Summary: The FAA issued permits for modernization of the mixed-use Hanscom airport near the historic towns of Lexington and Concord. Opponents raised challenges under the Department of Transportation Act, 49 U.S.C. 303(c), the…
Date: July 11, 2011
Docket Number: 09-1614
Justia Opinion Summary: The former governor and former financial director of the Tribe were convicted for conspiracy to defraud the United States (18 U.S.C. 371), and of violations of 18 U.S.C. 287, 666 and 669, involving misuse of federal…
Date: July 11, 2011
Docket Number: 09-2298
Justia Opinion Summary: A commercial fisherman was convicted on multiple drug trafficking counts and sentenced to 50 years' imprisonment based on three shipments of drugs, two of cocaine and a third of cocaine, heroin, and ecstasy, by boat from…
Date: July 8, 2011
Docket Number: 09-2534
Justia Opinion Summary: The former (2001-2006) Assistant Secretary of State for Protocol Affairs at the Puerto Rico State Department sued the Secretary of State under 42 U.S.C. 1983, alleging that the official fired him due to his political…
Date: July 8, 2011
Docket Number: 10-1102
Justia Opinion Summary: Plaintiff claimed that her employer since 1990, the Puerto Rico Ports Authority, violated the Americans with Disabilities Act, 42 U.S.C. 12101, when it failed to provide her with reasonable accommodations (flexible…
Date: July 7, 2011
Docket Number: 10-1841
Justia Opinion Summary: The hospital engaged a contractor for renovations and expansion. Before occupancy the hospital noted problems with the flooring in operating rooms; the contractor completed some repairs. After the project was complete,…
Date: July 7, 2011
Docket Number: 10-2193
Justia Opinion Summary: Plaintiff obtained a mortgage in 1999 and refinanced four times over six years, each time pulling out more equity. The last refinancing and a mortgage obtained for a new house, (the first house was for sale), were based…
Date: July 6, 2011
Docket Number: 10-1252
Justia Opinion Summary: Defendant was sentenced to 360 months in prison and five years supervised release following conviction for involvement in a scheme to import large quantities of cocaine into Puerto Rico. The First Circuit affirmed.…
Date: July 6, 2011
Docket Number: 10-1320
Justia Opinion Summary: In 2005, defendant pleaded guilty to possession of child pornography and was sentenced to six months in prison and 36 months of supervised release, subject to conditions. In 2008, the district court tightened the…
Date: July 5, 2011
Docket Number: 10-1488
Date: July 5, 2011
Docket Number: 10-2393
Justia Opinion Summary: In a suit under the Copyright Act, 17 U.S.C. 106, described by the court as the equivalent of hand-to-hand combat, the plaintiff settled with some defendants for $30,000. After trial plaintiff obtained injunctive relief…
Date: June 30, 2011
Docket Number: 08-2394
Justia Opinion Summary: Defendant, an addict with no prior criminal history, was one of 12 indicted co-conspirators convicted of conspiracy to import five or more kilograms of cocaine and one or more kilograms of heroin, as well as actual…
Date: June 30, 2011
Docket Number: 09-1285
Justia Opinion Summary: Three defendants were convicted of conspiracy and drug charges (21 U.S.C. 841(a)(1), 846, 860) stemming from a drug distribution operation in a public housing project and two were convicted of gun charges (21 U.S.C.…
Date: June 30, 2011
Docket Number: 10-1836
Justia Opinion Summary: Petitioner, convicted of first-degree child abuse in Rhode Island state court, was denied habeas corpus by the district court. Petitioner was watching his girlfriend's two-and-one-half-year-old child when the child…
Date: June 30, 2011
Docket Number: 10-2092
Justia Opinion Summary: The company claimed that the union violated a collective bargaining agreement no-strike clause on four occasions in 2008 and 2009 as part of a pattern of behavior undercutting the arbitral process. Specifically, the…
Date: June 29, 2011
Docket Number: 09-1720
Justia Opinion Summary: A Maine jury found defendant guilty of possession of a firearm following a conviction of misdemeanor domestic violence in violation of 18 U.S.C. 922(g)(9). The First Circuit affirmed, rejecting a claim of prosecutorial…
Date: June 29, 2011
Docket Number: 09-2575
Justia Opinion Summary: A medical social worker at the Health Department of San Juan sued the municipality and officials under 42 U.S.C. 1983, alleging that they fired her in retaliation for statements she made on matters of public concern in…
Date: June 29, 2011
Docket Number: 10-1432
Justia Opinion Summary: An inmate of the Maine corrections system, sought a civil rights remedy (42 U.S.C. 1983) for alleged denial of adequate medical care for human immunodeficiency virus (HIV) by healthcare professionals at a jail and the…
Date: June 29, 2011
Docket Number: 10-1639
Justia Opinion Summary: A jury awarded plaintiff $300,000 in damages in a Title VII suit alleging intentional discrimination by her former employer. Plaintiff had testified that during her employment as a construction worker, she was forced to…
Date: June 28, 2011
Docket Number: 10-1239
Justia Opinion Summary: Petitioner was convicted, in Massachusetts state court, of murdering his 11-month-old son and is serving a life sentence. The child's death was attributed to malnutrition; the family followed strict religious dietary…
Date: June 27, 2011
Docket Number: 10-1677
Justia Opinion Summary: ALC filed suit against Lamex in commonwealth court under Puerto Rico's Dealers' Contract Act (Law 75), which prohibits a principal from terminating a business relationship with a dealer without just cause. Before service…
Date: June 23, 2011
Docket Number: 10-1312
Justia Opinion Summary: Defendant is a valet parking business and executed a letter of intent to buy a competing company for $16 millions. An outline of a financing agreement under negotiation with a private equity group contained exclusivity…
Date: June 23, 2011
Docket Number: 10-1456
Justia Opinion Summary: Following a remand from the First Circuit, the bankruptcy court approved the Chapter 7 trustee's decision to give priority to holders of senior unsecured debt with respect to principal and pre-petition interest. The…
Date: June 23, 2011
Docket Number: 10-2086
Justia Opinion Summary: Plaintiff financed an ice cream hardening system. The lender held title and leased the equipment to plaintiff, but refused to set an end-of-lease purchase price. The final agreement did not refer to an estimate in a side…
Date: June 22, 2011
Docket Number: 10-1737
Justia Opinion Summary: Defendant was convicted of drug crimes committed and determined to be a career offender under U.S.S.G. 4B1.1, based in part on a state youthful offender adjudication. The Third Circuit affirmed in 2010. On rehearing, the…
Date: June 22, 2011
Docket Number: 10-2156
Justia Opinion Summary: The employee of a firm that provides temporary workers signed a confidentiality agreement. After disputes about delays in compensation and reimbursement, he approached the employer's client (for whom he had been working)…
Date: June 17, 2011
Docket Number: 09-2566
Justia Opinion Summary: In 2000 the planning board approved a development and the developer began purchasing land. In 2002, the Department of Justice issued an opinion that the land could be sold without legislative action, although it was…
Date: June 15, 2011
Docket Number: 10-1470
Justia Opinion Summary: After a generator failed, plaintiff ordered a replacement, believing that no permit was required for changes to its hydroelectric power facility, which is located on plaintiff's property on a non-navigable Massachusetts…
Date: June 13, 2011
Docket Number: 09-1956
Justia Opinion Summary: The star of a television show left his position with the plaintiff television station for a different television station, where he worked on a television show with the same characters and setting as a show he had worked…
Date: June 9, 2011
Docket Number: 10-2216
Justia Opinion Summary: In 2003 the owner executed a second mortgage with a stated term of four months, in favor of defendant to secure performance of a guaranty. The owner later executed a separate mortgage and defaulted. The lender foreclosed…
Date: June 8, 2011
Docket Number: 09-2252
Justia Opinion Summary: The defendant had sexually explicit online conversations with an officer posing as a 12-year old girl. Agents obtained a warrant to search his residence for evidence of violation of 18 U.S.C. 1470 (transfer of obscene…
Date: June 8, 2011
Docket Number: 10-1396
Date: June 8, 2011
Docket Number: 10-1484
Date: June 8, 2011
Docket Number: 10-1792
Justia Opinion Summary: The inmate, convicted in 1978 of murder, gained a reputation as a "jail house lawyer" while serving his life sentence and acquired a number of "separations," a term used to indicate a conflict counseling against…
Date: June 8, 2011
Docket Number: 10-1814
Justia Opinion Summary: The defendant, part of a conspiracy that stole and re-sold computer parts and memory, pled guilty and was sentenced to 33 months in prison plus 36 months of supervised release and ordered to pay to the victim, jointly…
Date: June 2, 2011
Docket Number: 09-2546
Justia Opinion Summary: The defendant entered a plea of guilty to charges of taking a motor vehicle, by force and with intent to cause death or serious bodily harm, (18 U.S.C. 2119) in exchange for an agreement that the prosecutor recommend…
Date: June 2, 2011
Docket Number: 10-1966
Justia Opinion Summary: Police obtained warrants, believing that the suspect had beaten a victim with a nightstick, went to the apartment before dawn, broke down the door, and promptly removed the suspect. The suspect's 15-year-old sister…
Date: June 1, 2011
Docket Number: 10-1505
Justia Opinion Summary: Plaintiff brought action under the False Claims Act, 31 U.S.C. 3729, claiming that the company used a kickback scheme and knowingly caused submission of false Medicare, Medicaid, and TRICARE claims by hospitals and…
Date: May 31, 2011
Docket Number: 10-2341
Justia Opinion Summary: In 2009, defendant engaged in sales of cocaine base to an undercover agent in Maine. In January 2010 he entered a plea of guilty to conspiracy to distribute and to possession with intent to distribute more than 50 grams…
Date: May 27, 2011
Docket Number: 09-2650
Justia Opinion Summary: After gang-member shooting victims were taken to the hospital, police officers watching the emergency room entrance, observed the defendant and another known gang member leaving. They followed and pulled over the…
Date: May 27, 2011
Docket Number: 09-9022
Justia Opinion Summary: While the recording of the deed to mortgaged property was in "limbo" because of a defect, the borrowers declared bankruptcy, resulting in a stay under 11 U.S.C. 362. The lender nonetheless presented a corrected deed for…
Date: May 27, 2011
Docket Number: 10-1396
Justia Opinion Summary: The parties agree that defendant has used the mark continuously since 1998, Plaintiff claims, and defendant disputes, use since 1989. The defendant applied for registration of the mark in 1998 and the USPTO issued…
Date: May 26, 2011
Docket Number: 09-1784
Justia Opinion Summary: After a drug search, plaintiff, a 12-year veteran of the police force, notified his supervisor that he had $600 that had been found in the house. He followed instructions and returned the money to its owner. He was…
Date: May 26, 2011
Docket Number: 09-2500
Justia Opinion Summary: Defendant was charged with sales of crack cocaine in 2006. The pre-sentence report classified him as a career offender and he was sentenced to 90 months incarceration. The Third Circuit held that a 1997 Massachusetts…
Date: May 26, 2011
Docket Number: 10-1758
Justia Opinion Summary: In 1994 the federal government filed suit to remedy conditions in Puerto Rican juvenile detention facilities. The court approved a settlement in 1997. A 2007 order terminated some conditions and modified and retained…
Date: May 25, 2011
Docket Number: 09-2626
Justia Opinion Summary: The plaintiff, a U.S. Marine, claims that he was injured by police who were ejecting a fan during a baseball game. Criminal charges brought against the plaintiff for his involvement in the incident were dismissed and he…
Date: May 25, 2011
Docket Number: 10-1655
Justia Opinion Summary: Plaintiff sued her former employer for gender-based discrimination and hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and Puerto Rico law. A jury awarded damages for…
Date: May 23, 2011
Docket Number: 09-2024
Justia Opinion Summary: Upon release from incarceration, the defendant was notified of the requirement that he register as a sex offender. Although he initially complied, he was twice convicted of failure to register under Rhode Island law. In…
Date: May 23, 2011
Docket Number: 09-2071
Justia Opinion Summary: The petitioner entered the United States without authorization from the Ivory Coast in 2000, leaving his family behind. His application for asylum, based on two incidents of arrest and detention, was denied, and he was…
Date: May 23, 2011
Docket Number: 09-2179
Justia Opinion Summary: The doctor administered a standard withdrawal protocol for the plaintiff, a heroin addict, while he was in pre-trial detention. The district court rejected plaintiff's claims under 42 U.S.C. 1983, based on his suffering…
Date: May 23, 2011
Docket Number: 10-1484
Justia Opinion Summary: Pursuant to a permit issued by the Rhode Island Coastal Resources Management Council (CRMC), the developer built 26 of 79 planned homes and installed infrastructure between 1992 and 2007. The Rhode Island Historic…
Date: May 20, 2011
Docket Number: 10-1108
Justia Opinion Summary: In 2005 American Airlines began charging passengers a fee of $2 for each bag checked with porters providing curbside service (skycaps) at Logan Airport. Gratuities fell significantly, despite the posting of signs…
Date: May 20, 2011
Docket Number: 10-1965
Justia Opinion Summary: In 1983 defendant was convicted of rape of a child, robbery, and kidnapping. After release from prison, he was involuntarily committed in 2003 in a civil proceeding, Mass. Gen. Laws ch. 123A, 14, to the Massachusetts…
Date: May 19, 2011
Docket Number: 08-2219
Justia Opinion Summary: In the defendant's trial for second-degree child molestation, the state trial court admitted evidence that the defendant had molested two other young men. The court found that the prior bad acts were sufficiently similar…
Date: May 19, 2011
Docket Number: 10-1738
Justia Opinion Summary: Three providers of wireless service filed suit under the Telecommunications Act, 47 U.S.C. 332(c), after the town denied one provider a variance for a telecommunications tower. The suit is still pending, but the town…
Date: May 17, 2011
Docket Number: 09-2504
Justia Opinion Summary: Defendant, convicted of knowingly possessing firearms after having been committed to a mental institution (18 U.S.C. 922(g)) and knowingly possessing a firearm with an obliterated serial number (18 U.S.C. 922(k)), was…
Date: May 17, 2011
Docket Number: 10-1668
Justia Opinion Summary: After a 2003 oil spill, Massachusetts enacted an Oil Spill Prevention Act (MOSPA), which the federal government challenged as preempted by the Ports and Waterways Safety Act (33 U.S.C. 1221-1232 and parts of 46 U.S.C.)…
Date: May 13, 2011
Docket Number: 09-2239
Justia Opinion Summary: The defendants, arrested in a reverse sting operation after they drove to a sham drug deal in a vehicle containing $100,000 in cash, were each convicted of a single drug conspiracy count. The First Circuit vacated and…
Date: May 12, 2011
Docket Number: 10-1119
Justia Opinion Summary: The company is being sued for sending commercial fax messages without consent from the recipients in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227(b). Its insurers deny that coverage for "making known…
Date: May 12, 2011
Docket Number: 10-1627
Justia Opinion Summary: In 2000, the petitioner attempted to enter the United States on a false passport, refused to reveal her true identity, and stated that she had no fear of returning to Cambodia. In 2002 she entered on a six-month visitor…
Date: May 10, 2011
Docket Number: 09-1018
Justia Opinion Summary: After a tip led them to a website containing the male defendant's phone number and pornographic pictures of the female defendant's eight-year-old daughter, the police obtained a warrant and searched the woman's home.…
Date: May 9, 2011
Docket Number: 10-1370
Justia Opinion Summary: The defendant was convicted under the Child Support Recovery Act, 18 U.S.C. 228. The First Circuit upheld a jury instruction that he could be found guilty if the jury concluded beyond a reasonable doubt that he was able…
Date: May 9, 2011
Docket Number: 10-1588
Justia Opinion Summary: The defendant pled guilty to being a felon-in-possession, (18 U.S.C. 922), and was sentenced on April 14, 2010, to 110 months imprisonment. On April 7, 2010, the U.S. Sentencing Commission had voted to eliminate the use…
Date: May 4, 2011
Docket Number: 10-1638
Justia Opinion Summary: The employee claimed sex and disability discrimination and retaliation in violation of 42 U.S.C. 2000e. The district court granted the employer's motion to compel arbitration. The First Circuit affirmed. The company…
Date: May 2, 2011
Docket Number: 09-1810
Justia Opinion Summary: Defendants were convicted under 18 U.S.C. 922(g), a law that prohibits individuals convicted of a "misdemeanor crime of domestic violence" from possessing, shipping, or receiving firearms, based on prior misdemeanor…
Date: May 2, 2011
Docket Number: 09-2502
Justia Opinion Summary: The contractor first obtained a certificate required to bid on public construction projects in 1994. In 2008, after the company was declared the lowest bidder on a school project, the state agency received information…
Date: April 29, 2011
Docket Number: 09-2258
Justia Opinion Summary: The defendant was convicted as a felon in possession of a firearm. The district court applied an armed career criminal (ACCA) enhancement based on three prior convictions, including a conviction as a juvenile, to arrive…
Date: April 29, 2011
Docket Number: 10-1230
Justia Opinion Summary: The defendant referred two investors to a friend who invested their money in a company of which the defendant and his friend were directors. They were defrauded of their entire $290,000 investment. The defendant received…
Date: April 29, 2011
Docket Number: 10-1367
Justia Opinion Summary: After receiving information from an informant, conducting a controlled drug buy, and surveillance of the defendant, officers obtained warrants to search a house, an apartment, and the defendant's person. The defendant…
Date: April 29, 2011
Docket Number: 10-1667
Justia Opinion Summary: In 2003 the hotel and the union entered into an agreement in anticipation of renovation of a dilapidated structure into the Renaissance Providence Hotel. The agreement allowed the union to organize hotel employees and…
Date: April 27, 2011
Docket Number: 10-1442
Justia Opinion Summary: The inmate, convicted of second-degree murder in 1993 and violation of a domestic relations restraining order in 2010, filed suit under 42 U.S.C. 1983, based on a decision that he was ineligible for a pre-parole…
Date: April 26, 2011
Docket Number: 09-2312
Justia Opinion Summary: Franchisees, operating gas stations in Puerto Rico, alleged violations of the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. 2801, based on the Esso's plan to leave the market and terminate their contracts. Esso…
Date: April 25, 2011
Docket Number: 10-1262
Justia Opinion Summary: After Massachusetts rejected the petitioner's appeals from his conviction on charges relating to distribution of cocaine, the U.S. Supreme Court decided Melendez-Diaz v. Massachusetts, holding that chemical analysts were…
Date: April 22, 2011
Docket Number: 09-2175
Justia Opinion Summary: The Puerto Rico Examining Board of Accountants required a CPA to submit to involuntary practice review and denied a requested postponement. The CPA failed to appear at a hearing. The Board did not respond to a request to…
Date: April 21, 2011
Docket Number: 09-1555
Justia Opinion Summary: The company filed civil claims under Massachusetts state laws and the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 after discovering a scheme under which its employees and outsiders duped it…
Date: April 21, 2011
Docket Number: 10-1642
Justia Opinion Summary: Homeowners fell behind on their mortgage and the bank initiated foreclosure. The homeowners filed a Chapter 13 bankruptcy. The judge denied their motion for rescission of the mortgage and for damages, based on…
Date: April 21, 2011
Docket Number: 10-1705
Justia Opinion Summary: In 2009 the bankruptcy court revoked a 2000 Chapter 7 discharge, finding fraud with respect to a 1997 divorce settlement. The district court and First Circuit affirmed. While the debtor "largely avoided explicit false…
Date: April 21, 2011
Docket Number: 10-1780
Justia Opinion Summary: After successfully defending an appeal from a verdict that it had not infringed a song copyright, ASCAP obtained an award of about $62,000 in attorney fees. The First Circuit affirmed. The song copyright was timely…
Date: April 21, 2011
Docket Number: 10-2094
Justia Opinion Summary: After the plaintiff publicly criticized town council policies, the council denied him reappointment to an unpaid advisory commission concerned with recreational facilities. The district court rejected his 42 U.S.C. 1983…
Date: April 20, 2011
Docket Number: 10-1423
Justia Opinion Summary: The company purchased a disability benefits plan, regulated by the Employee Retirement Income Security Act. A part-owner and employee of the company received benefits for about four years before the insurer terminated…
Date: April 20, 2011
Docket Number: 10-1494
Date: April 19, 2011
Docket Number: 10-2065
Justia Opinion Summary: The insured was treated as an outpatient for "mental or nervous disorder" in 2005-2007, allegedly incurring expenses of more than $125,000. In 2006 the company informed her that it had already paid $8,506 and would pay…
Date: April 15, 2011
Docket Number: 09-2614
Justia Opinion Summary: The plaintiff, employed by U.S. Customs and Border Patrol, was observed taking a security pass from a car. He shredded the pass, without reporting to his superiors. The Puerto Rico Police Department arrested, charged,…
Date: April 15, 2011
Docket Number: 10-2260
Justia Opinion Summary: The defendant was convicted of use of an unauthorized access device, 18 U.S.C. 1029(a)and aggravated identity theft, 18 U.S.C. 1028A. The First Circuit affirmed. Evidence of the defendant's use of another credit card…
Date: April 15, 2011
Docket Number: 10-1626
Justia Opinion Summary: The employee's complaint under the Americans with Disabilities Act was dismissed. The First Circuit affirmed, holding that the employee was required to submit to alternative dispute resolution. After examining Puerto…
Date: April 14, 2011
Docket Number: 10-1862
Justia Opinion Summary: Rhode Island discontinued its practice of pooling funds from inmate accounts for investment and paying inmates interest on their accounts. The district court rejected claims of taking and due process violations. The…
Date: April 13, 2011
Docket Number: 09-1527
Justia Opinion Summary: The defendant was convicted of conspiracy to distribute cocaine base and distribution within 1,000 feet of a school and/or aiding and abetting the distribution. The First Circuit affirmed. The prosecution did not engage…
Date: April 13, 2011
Docket Number: 09-2322
Justia Opinion Summary: The defendant was convicted of first-degree murder in Massachusetts in 1992. The state supreme court affirmed in 1995 and, in 1999, denied appeal from denial of a motion for a new trial. The federal district court…
Date: April 13, 2011
Docket Number: 09-2628
Justia Opinion Summary: The defendant was convicted as a felon in possession of a firearm and sentenced to 15 years under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924. The First Circuit affirmed, upholding the district court's admission…
Date: April 13, 2011
Docket Number: 10-1870
Justia Opinion Summary: The defendant, convicted of unlawful possession of a firearm, was denied a new trial by a Massachusetts state court, which rejected a claim of ineffective assistance of counsel. The court considered the record,…
Date: April 12, 2011
Docket Number: 09-2548
Justia Opinion Summary: The plaintiff was awarded $450,000 for injuries suffered when she was hit by a car registered to the company, driven by an intoxicated individual. The First Circuit affirmed, first holding that the court had diversity…
Date: April 12, 2011
Docket Number: 10-1046
Justia Opinion Summary: While the defendant was incarcerated he was allowed to use a computer for legal research, but was able to circumvent restrictions and gain access to the facility's personnel files. After pleading guilty under 18 U.S.C.…
Date: April 8, 2011
Docket Number: 09-1646
Justia Opinion Summary: After a 15-year-old told a detective that defendant had nude pictures of her, officers visited the defendant's home, intending to take him to a medical facility. A doctor had previously notified the sheriff that the…
Date: April 8, 2011
Docket Number: 10-1203
Justia Opinion Summary: The plaintiffs took their son, suffering abdominal pain, to the hospital. Because the hospital did not have a gastroenterologist, it transferred the boy, who later died. The district court granted summary judgment for…
Date: April 8, 2011
Docket Number: 10-1302
Justia Opinion Summary: The district court rejected a challenge to 5 U.S.C. 3328, which bars males who have knowingly and willfully failed to register for the draft by age 26 from employment by the executive branch. The First Circuit vacated…
Date: April 8, 2011
Docket Number: 10-2031
Justia Opinion Summary: The worker is a Massachusetts resident, whose services were obtained through a temporary labor firm's offices in Massachusetts, and was injured while working for a construction company at the Newport Naval Station. The…
Date: April 7, 2011
Docket Number: 09-2109
Justia Opinion Summary: The defendant, a passenger in a car used to deliver drugs to an undercover officer, was sentenced to a total of 180 months for conspiracy to possess and deliver, possession with intent to deliver cocaine, and possessing…
Date: April 6, 2011
Docket Number: 09-2292
Justia Opinion Summary: While on probation for a state law violation, the defendant was told by his probation officer that he could go hunting with his 10-year-old son but could not possess a gun. Game wardens, knowing that the defendant was a…
Date: April 6, 2011
Docket Number: 10-1062
Justia Opinion Summary: An FBI agent searched a file-sharing site, found child pornography traceable to the defendant's IP address, and searched the defendant's computer. The agents found pornography on the computer and the defendant admitted…
Date: April 4, 2011
Docket Number: 10-2005
Justia Opinion Summary: The defendant, serving a sentence in state prison, was ordered to testify in federal court under a grant of immunity. He refused, a civil contempt order issued, and he was placed in federal prison. The district court…
Date: April 1, 2011
Docket Number: 09-2207
Justia Opinion Summary: Maintenance and domestic workers claim that they were terminated from positions at the Puerto Rico governor's mansion for participation in the 2008 gubernatorial election. The district court dismissed. The First Circuit…
Date: April 1, 2011
Docket Number: 09-2269
Justia Opinion Summary: The defendants appealed convictions for conspiracy to possess with intent to distribute cocaine and aiding and abetting in the possession of a firearm in furtherance of a drug trafficking crime. The First Circuit…
Date: April 1, 2011
Docket Number: 09-2277
Justia Opinion Summary: The defendants appealed convictions for conspiracy to possess with intent to distribute cocaine and aiding and abetting in the possession of a firearm in furtherance of a drug trafficking crime. The First Circuit…
Date: April 1, 2011
Docket Number: 09-2386
Justia Opinion Summary: After a heated 2006 soccer game, the police searched all members of the mostly-Hispanic visiting team beside their bus, looking for items missing from the predominantly-white home team's locker room. The coach consented…
Date: March 30, 2011
Docket Number: 09-2296
Justia Opinion Summary: A black police officer, assigned to the drug prevention division of the Puerto Rico police department, was reassigned to a less-desirable position after a lieutenant made racial slurs and statements that she did not want…
Date: March 30, 2011
Docket Number: 10-1872
Justia Opinion Summary: The companies entered into an agreement for management of a health care business in Puerto Rico. The contract included a provision that it would be governed by the law of Puerto Rico and an arbitration clause. In 2010…
Date: March 16, 2011
Docket Number: 10-1585
Date: March 11, 2011
Docket Number: 10-1122
Date: February 23, 2011
Docket Number: 09-2528
Date: February 23, 2011
Docket Number: 09-2065
Date: February 23, 2011
Docket Number: 09-2015
Date: February 23, 2011
Docket Number: 09-2014
Date: February 18, 2011
Docket Number: 09-1943
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