2017 First Circuit U.S. Court of Appeals Case Law

United States v. Martinez-Lantigua  
Date: May 23, 2017
Docket Number: 15-2169

Justia Opinion Summary: After a trial, Defendant was convicted of conspiracy to possess with intent to distribute and possession with intent to distribute at least fifteen kilograms but less than fifteen kilograms of cocaine. On appeal, Defenda...

US v. Davila-Lopez
Date: May 22, 2017
Docket Number: 14-1277
Morales-Morales v. Sessions  
Date: May 22, 2017
Docket Number: 16-1774

Justia Opinion Summary: Petitioner, a citizen of Guatemala, petitioned for review of a decision of the Board of Immigration Appeals (BIA) denying his requests for asylum, withholding of removal, and protection under the Convention Against Tortu...

United States v. Edwards  
Date: May 19, 2017
Docket Number: 15-1874

Justia Opinion Summary: Defendant pleaded guilty, without a plea agreement, to several federal firearms offenses. Defendant already had a long criminal record, including Massachusetts convictions for unarmed robbery, assault with a dangerous we...

United States v. Houston  
Date: May 19, 2017
Docket Numbers: 16-1017, 16-1020

Justia Opinion Summary: Alvin Houston and Shawna Calhoun pleaded guilty to transporting Minor A from Maine to Massachusetts and back to Maine over an eight-day period with the intent that Minor A engage in prostitution. In these consolidated ap...

United States v. Coombs  
Date: May 19, 2017
Docket Number: 16-1246

Justia Opinion Summary: Defendant entered a conditional guilty plea to possession with intent to distribute alpha-PHP and obstruction of justice, reserving the right to appeal the denial of four of his five motions to suppress. On appeal, Defen...

United States v. Diaz-Rosado  
Date: May 18, 2017
Docket Number: 15-1010

Justia Opinion Summary: Defendant appealed his conviction for carjacking in violation of 18 U.S.C. 2119. The First Circuit affirmed, holding (1) Defendant’s actions were sufficient to allow a rational jury to conclude beyond a reasonable doubt...

United States v. Hillaire  
Date: May 18, 2017
Docket Number: 15-1692

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction for conspiracy to commit access-device fraud. Before trial, Defendant and his co-defendant filed motions to suppress evidence and statements that had been obtained in the...

United States v. Ramdihall  
Date: May 18, 2017
Docket Number: 15-1841

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction for conspiracy to commit access-device fraud. Before trial, Defendant and his co-defendant filed motions to suppress evidence and statements that had been obtained in the...

US v. Perez-Carrera
Date: May 17, 2017
Docket Number: 16-1392
US v. Zimny
Date: May 16, 2017
Docket Number: 15-2144
Denault v. Ahern  
Date: May 16, 2017
Docket Number: 15-2423

Justia Opinion Summary: First Circuit rejects civil rights claims relating to retention of property in car towed for an evidentiary search. Chelmsford police located Denault’s 2000 Nissan parked in Testa’s Lowell driveway. Denault, the suspec...

United States v. Diaz-Rosado  
Date: May 16, 2017
Docket Number: 16-1551

Justia Opinion Summary: First Circuit rejects Double Jeopardy challenge to second indictment for cocaine smuggling. On August 15, 2013, Díaz was indicted in the Southern District of Florida for his role in planning and organizing a maritime sm...

AES Puerto Rico, L.P. v. Trujillo-Panisse  
Date: May 16, 2017
Docket Number: 16-2052

Justia Opinion Summary: Municipal ordinances banning coal combustion residuals from landfills were preempted by Puerto Rico Environmental Quality Board’s approval of the disposal. AES Puerto Rico, a coal-fired power plant owner, claimed that t...

Pan Am Railways, Inc. v. US Department of Labor
Date: May 16, 2017
Docket Number: 16-2271
United States v. Lasalle-Gonzalez  
Date: May 15, 2017
Docket Number: 15-1619

Justia Opinion Summary: Appellant appealed the sentence imposed for his conviction of being a felon in possession of a firearm. After Appellant pleaded guilty to the offense, the district court sentenced him to ten years, the statutory maximum....

United States v. Bueno-Beltran  
Date: May 15, 2017
Docket Number: 15-2105

Justia Opinion Summary: Defendant appealed from the revocation of his supervised release and the imposition of a term of imprisonment of twenty-four-months. During Defendant’s period of supervised release for his conviction of conspiracy to bri...

Buntin v. City of Boston  
Date: May 15, 2017
Docket Number: 16-2265

Justia Opinion Summary: A plaintiff may not bring claims for damages under 42 U.S.C. 1981 against state actors, including defendants sued in their official capacities as government officials. The First Circuit affirmed the district court’s di...

Oliveira v. New Prime, Inc.  
Date: May 12, 2017
Docket Number: 15-2364

Justia Opinion Summary: The First Circuit answered two questions of first impression regarding the Federal Arbitration Act (FAA) by holding (1) in a case where a federal district court is confronted with a motion to compel arbitration under the...

United States v. Almonte-Baez  
Date: May 12, 2017
Docket Number: 15-2367

Justia Opinion Summary: While they were investigating a suspected drug-trafficking operation, federal DEA agents made a warrantless entry into an apartment that, as it turned out, served as a stash house for a second, more substantial, drug-tra...

Walker-Butler v. Berryhill  
Date: May 12, 2017
Docket Number: 16-1944

Justia Opinion Summary: The First Circuit held that the five-day grace period outlined in 20 C.F.R. 422.210(c) does not apply to final decisions on remand where the individual does not file any written exceptions to the administrative law judge...

In re Biogen Inc. Securities Litigation  
Date: May 12, 2017
Docket Number: 16-1976

Justia Opinion Summary: The First Circuit affirmed the district court’s dismissal of this putative class action alleging violations under sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The district court concluded that the ini...

Delgado-Echevarria v. AstraZeneca Pharmaceuticals LP
Date: May 8, 2017
Docket Number: 15-2232
United States v. Sanchez-Colberg  
Date: May 8, 2017
Docket Number: 15-2522

Justia Opinion Summary: Appellant entered guilty pleas to possessing marijuana with the intent to distribute and possessing firearms in furtherance of a drug-trafficking crime. The district court sentenced Appellant to a total incarcerative sen...

Dukes Bridge LLC v. Beinhocker  
Date: May 8, 2017
Docket Number: 16-1520

Justia Opinion Summary: The First Circuit reversed the grant of summary judgment to Defendant in this action for breach of contract. Plaintiff filed suit against Defendant alleging that in causing a $200,000 loan to be taken out against a life...

United States v. Berroa  
Date: May 5, 2017
Docket Numbers: 12-1857, 13-1385, 12-1865, 12-1890

Justia Opinion Summary: When the five defendants in this case failed to pass the required exams to obtain their medical licenses, they gained certification by obtaining falsified scores. All five defendants were indicted for conspiracy to commi...

United States v. Matos-De-Jesus  
Date: May 5, 2017
Docket Number: 16-1695

Justia Opinion Summary: Appellant entered a straight guilty plea to possession of firearms by a convicted felon and possession of machine guns for possessing two seized firearms. The sentencing court considered the second firearm as an aggravat...

Garcia-Garcia v. Sessions  
Date: May 3, 2017
Docket Numbers: 15-2571, 16-1964

Justia Opinion Summary: The Court of Appeals for the First Circuit held that aliens who are subject to reinstated orders of removal may not apply for asylum, even though they may be entitled to withholding of removal. In reaching this conclusio...

US v. Silva-Hernandez
Date: May 3, 2017
Docket Number: 16-1371
Delgado-Echevarria v. AstraZeneca Pharmaceutical LP  
Date: May 2, 2017
Docket Number: 15-2232

Justia Opinion Summary: Plaintiff appealed the district court’s grant of summary judgment in favor of her former employer, AstraZeneca Pharmaceutical LP, on Plaintiff’s claims that AstraZeneca violated the Americans with Disabilities Act (ADA)...

United States v. Nieves-Borrero  
Date: May 1, 2017
Docket Number: 15-2154

Justia Opinion Summary: Appellant challenged the seventy-month prison sentence he received after pleading guilty in federal district court, pursuant to a plea agreement, to aiding and abetting a convicted felon in the possession of a firearm. T...

United States v. Fernandez-Santos  
Date: May 1, 2017
Docket Numbers: 15-2456, 15-2462

Justia Opinion Summary: Appellant pleaded guilty to three charges related to his act of possessing guns and drugs while he was on supervised release. The federal district court denied Appellant's motion to withdraw his guilty plea that he filed...

United States v. Fuentes-Echevarria  
Date: May 1, 2017
Docket Number: 16-1176

Justia Opinion Summary: Appellant entered a straight plea to illegal possession of a machine gun. The district judge sentenced Appellant to forty-eight months’ imprisonment followed by thirty-six months’ supervised release. On appeal, Appellant...

United States v. Soto-Soto  
Date: May 1, 2017
Docket Number: 16-1444

Justia Opinion Summary: Appellant appealed the district court’s imposition of a two-year sentence imposed following the revocation of a term of supervised release. Specifically, Appellant argued that the district court erred in (1) stating that...

McDonough v. City of Portland  
Date: May 1, 2017
Docket Number: 16-1959

Justia Opinion Summary: The First Circuit affirmed the district court’s grant of summary judgment to the City of Portland on Plaintiff’s claim that the City unconstitutionally denied him the opportunity to apply for a permit for his taxi to pic...

Hearts With Haiti, Inc. v. Kendrick  
Date: April 28, 2017
Docket Numbers: 15-2401, 16-1839

Justia Opinion Summary: Federal subject-matter jurisdiction over this dispute involving claims of defamation and other causes of action was premised on a diversity of citizenship. Hearts With Haiti Inc. and Michael Geilenfeld sued Paul Kendrick...

Salvati v. American Insurance Co.  
Date: April 26, 2017
Docket Number: 16-1403

Justia Opinion Summary: Gerardo Salvati died from injuries he sustained while doing maintenance work. Gerardo’s wife, Lucia (hereinafter referred to as Salvati) filed a lawsuit seeking damages for wrongful death and loss of consortium. The unde...

Pan Am Railways, Inc. v. U.S. Department of Labor  
Date: April 21, 2017
Docket Number: 16-2271

Justia Opinion Summary: Pan Am Railways, Inc. brought charges of dishonesty and insubordination and threats of dismissal against Jason Raye, an injured employee who had filed a complaint with the Occupational Safety and Health Administration (O...

United States v. Vazquez  
Date: April 20, 2017
Docket Number: 15-1828

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to possession of a firearm in furtherance of a drug-trafficking offense (Count 1) and possession with intent to distribute controlled substances (Count 5). The distr...

Privitera v. Curran  
Date: April 20, 2017
Docket Number: 16-9006

Justia Opinion Summary: Plaintiff sued Debtor after Debtor defaulted on a loan. Plaintiff secured a default judgment in the amount of $137,030.78. Without making payment on the judgment, Debtor later filed for Chapter 7 bankruptcy protection. P...

US v. Ponzo
Date: April 19, 2017
Docket Numbers: 14-1528, 15-1878, 14-1548, 14-1906
United States v. Morales-Arroyo  
Date: April 19, 2017
Docket Number: 15-1185

Justia Opinion Summary: Pursuant to a written plea agreement, Defendant pleaded guilty to unlawful possession of firearms in furtherance of a drug trafficking crime and possession of crack cocaine with intent to distribute. The plea agreement i...

United States v. Rodriguez-Rosado  
Date: April 19, 2017
Docket Number: 15-1335

Justia Opinion Summary: In 2010, Appellant pled guilty to participating in a conspiracy to possess with intent to distribute between fifteen and fifty kilograms of cocaine. Consistent with the parties’ joint recommendation, the district court s...

US v. Mulkern
Date: April 19, 2017
Docket Number: 16-1146
Arabian Support & Services Co. v. Textron Systems Corp.  
Date: April 19, 2017
Docket Number: 16-1309

Justia Opinion Summary: Arabian Support & Services Co. (ASASCO), a Saudi Arabian business, sought compensation for assisting Textron Systems Corporation in its pursuit of a weapons deal in Saudi Arabia. ASASCO claimed that Textron backed away f...

Turner v. Hubbard Systems, Inc.  
Date: April 19, 2017
Docket Number: 16-1387

Justia Opinion Summary: Hubbard Systems, Inc. (HSI) was in the business of developing, marketing, and selling a debt collection software program titled “Collection Partner.” In 1992, Gregory Turner entered into a rent-to-own agreement with HSI...

Camerano v. United States  
Date: April 19, 2017
Docket Number: 16-2025

Justia Opinion Summary: Patrick Camerano died after suffering a fall while on a “respite/nursing stay” at a facility operated by East Boston Neighborhood Health center (EBNHC). Plaintiff, Patrick’s son, sent a letter styled as a “claim” to the...

US v. Faust
Date: April 14, 2017
Docket Number: 14-2292
United States v. Millan-Roman  
Date: April 14, 2017
Docket Number: 15-2248

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime and possession of controlled substances with intent to distribute. The district court imposed a...

United States v. Coleman  
Date: April 14, 2017
Docket Number: 15-2302

Justia Opinion Summary: Defendant pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine base. The district court imposed a total prison sentence of forty-six months, at the lower end of the United States Sente...

United States v. Mulkern  
Date: April 14, 2017
Docket Number: 16-1146

Justia Opinion Summary: The Armed Career Criminal Act (ACCA) requires mandatory sentences for recidivist criminals with three or more convictions for crimes committed on different occasions that qualify as predicate offenses. Defendant pled gui...

US v. Carmona
Date: April 14, 2017
Docket Number: 16-1706
Chung v. StudentCity.com, Inc.  
Date: April 14, 2017
Docket Number: 16-1765

Justia Opinion Summary: Lisa Tam Chung, a Texas high school senior, purchased a vacation package through StudentCity.com for a trip to Cancun, Mexico, adding an optional snorkeling excursion. The snorkeling trip ended with the vessel taking on...

Kurdi v. Sessions
Date: April 14, 2017
Docket Number: 16-2029
Goethel v. U.S. Department of Commerce  
Date: April 14, 2017
Docket Number: 16-2103

Justia Opinion Summary: Regulations promulgated by the National Marine Fisheries Service require that commercial fishermen must, on occasion, be accompanied on their vessels by at-sea monitors to ensure accountability with respect to catch limi...

US v. Lopez-Miranda
Date: April 12, 2017
Docket Number: 15-1308
Ghazarian v. Lynch
Date: April 12, 2017
Docket Number: 15-1725
Germanowski v. Harris  
Date: April 12, 2017
Docket Number: 16-1306

Justia Opinion Summary: Plaintiff filed a complaint against Defendants, her former employer and the Commonwealth of Massachusetts, alleging that Defendants violated her rights under the Family and Medical Leave Act (FMLA), discriminated against...

US v. Foley
Date: April 10, 2017
Docket Number: 15-2525
Commonwealth v. Wampanoag Tribe of Gay Head  
Date: April 10, 2017
Docket Number: 16-1137

Justia Opinion Summary: The Wampanoag Tribe of Gay Head (Aquinnah) (the Tribe) decided to pursue gaming pursuant to the Indian Gaming Regulatory Act (IGRA) on its trust lands in Dukes County, Massachusetts (the Settlement Lands). The Commonweal...

US v. Hill
Date: April 10, 2017
Docket Number: 16-1421
United States v. Ponzo  
Date: April 7, 2017
Docket Numbers: 14-1528, 15-1878, 14-1548, 14-1906, 15-2277

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to commit racketeering, conspiracy to commit murder in aid of racketeering, and other charges related to his membership in a crime syndicate. Defendant appealed,...

United States v. Roman-Diaz  
Date: April 7, 2017
Docket Number: 15-2355

Justia Opinion Summary: Appellant pled guilty to conspiring to possess with intent to distribute in excess of 280 grams of cocaine base and aiding and abetting in the possession of a firearm in furtherance of a drug-trafficking crime. The distr...

US v. Rittall
Date: April 7, 2017
Docket Number: 15-2475
Ortiz-Martinez v. Fresenius Health Partners PR, LLC  
Date: April 7, 2017
Docket Number: 16-1453

Justia Opinion Summary: Appellant was employed by Appellees as a social worker when she suffered a work-related injury. Appellant sued Appellees, alleging that they failed to accommodate her disability in violation of the American with Disabili...

Brennan v. Zafgen, Inc.  
Date: April 7, 2017
Docket Number: 16-2057

Justia Opinion Summary: Zafgen Inc.’s investors (Investors) brought a securities fraud class action suit against Zafgen and its Chief Executive Officer (collectively, Defendants) following a significant drop in the share price of the company. S...

United States v. Faust  
Date: April 5, 2017
Docket Number: 14-2292

Justia Opinion Summary: Defendant entered a conditional guilty plea to being a felon in possession of ammunition. The district court found that Defendant’s prior convictions for resisting arrest and assault and battery of a police officer (ABPO...

Doran v. J. P. Noonan Transportation, Inc.  
Date: April 5, 2017
Docket Number: 16-1466

Justia Opinion Summary: Plaintiff and two other named plaintiffs filed a putative class action suit against defendants in a Massachusetts state court. Defendants successfully sought removal of the suit to a federal district court. The district...

Ricchio v. McLean  
Date: April 5, 2017
Docket Number: 16-1680

Justia Opinion Summary: Plaintiff brought actions for civil liability under the Trafficking Victims Protection Act against four defendants. As to three defendants - Ashvinkumar Patel, Simal Patel, and Bijal, Inc. - the district court dismissed...

Miranda v. Sessions  
Date: April 5, 2017
Docket Number: 16-2174

Justia Opinion Summary: In 2007, removal proceedings were initiated against Petitioner. An immigration judge (IJ), however, deemed Petitioner to be a U.S. citizen. In 2016, Petitioner was convicted of a drug felony, and a second IJ ordered Peti...

Lex Claims, LLC v. Garcia-Padilla  
Date: April 4, 2017
Docket Numbers: 17-1241, 17-1272, 17-1248

Justia Opinion Summary: This was the First Circuit’s second set of appeals involving the automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). Here, the parties disputed whether four claims inc...

NLRB v. Lily Transportation Corp  
Date: March 31, 2017
Docket Number: 15-2398

Justia Opinion Summary: Pumpernickel Express, Inc. carried automotive parts from warehouses in Mansfield, Massachusetts to Toyota dealerships in the region. Pumpernickel’s drivers were represented by a Union. Lily Transportation Corporation lat...

US v. Vazquez-Vazquez
Date: March 29, 2017
Docket Number: 15-2073
United States v. Gordon  
Date: March 29, 2017
Docket Number: 15-2395

Justia Opinion Summary: Appellant pleaded guilty to conspiracy to possess with intent to distribute and possession with intent to distribute more than twenty-eight grams of cocaine base. Appellant was sentenced to 132 months of imprisonment. On...

United States v. Nunez  
Date: March 29, 2017
Docket Number: 15-2412

Justia Opinion Summary: Appellant pleaded guilty to a single count of being a felon in possession of a firearm. The sentencing court, ruling on the basis of circumstantial evidence, attributed constructive possession of six Molotov cocktails to...

Galvin v. U.S. Bank, N.A.  
Date: March 29, 2017
Docket Numbers: 15-2436, 16-1077

Justia Opinion Summary: Plaintiffs took out a loan to buy a property in Massachusetts. Plaintiffs executed a mortgage naming the Mortgage Electronic Registration Systems, Inc. (MERS) as the mortgagee and executed a promissory note to Chevy Chas...

United States v. Rodriguez-Adorno  
Date: March 29, 2017
Docket Number: 16-1114

Justia Opinion Summary: Pursuant to a plea agreement, Appellant pleaded guilty to conspiring to possess with intent to distribute controlled substances within a protected location. The district court sentenced Appellant to a 235-month incarcera...

Goat Island South Condominium Ass’n v. IDC Clambakes, Inc.  
Date: March 24, 2017
Docket Numbers: 15-1771, 15-1818

Justia Opinion Summary: In 2005, the Rhode Island Supreme Court found that title to the Regatta Club in Newport and the parcel of land on which it was constructed belonged to a group of condominium associations. Thereafter, the operator of the...

United States v. Vazquez-Vazquez  
Date: March 24, 2017
Docket Number: 15-2073

Justia Opinion Summary: In 2011, Defendant pled guilty to conspiracy to possess with intent to distribute controlled substances. In 2015, the district court determined that Defendant had violated the conditions of his supervised release, revoke...

Rodriguez v. United States  
Date: March 24, 2017
Docket Number: 15-2178

Justia Opinion Summary: Plaintiffs were a group of current and former federal employees working in non-foreign areas located outside the contiguous United States. In addition to their normal salaries, federal employees working in these areas re...

Faria v. Harleysville Worcester Insurance Co.  
Date: March 24, 2017
Docket Number: 16-1060

Justia Opinion Summary: Plaintiffs brought a lawsuit against their insurance carrier (Defendant), claiming that Defendant had incorrectly denied coverage. The case proceeded to a jury trial. The jury’s unanimous verdict was for Defendant. There...

United States v. Baker  
Date: March 24, 2017
Docket Number: 16-1415

Justia Opinion Summary: Defendant divorced his wife in order to transfer assets fraudulently and avoid some tax liability. The district court set aside the separation agreement as a fraudulent transfer and proceeded to redivide and reallocate c...

Stephanie C. v. Blue Cross Blue Shield of Massachusetts HMO Blue, Inc.  
Date: March 24, 2017
Docket Number: 16-1997

Justia Opinion Summary: Plaintiff brought this case pursuant to the Employee Retirement Income Security Act (ERISA), seeking reimbursement for certain expenses connected with the treatment of her teenage son. The plan administrator, Blue Cross...

Doe v. Standard Insurance Co.  
Date: March 24, 2017
Docket Number: 16-2085

Justia Opinion Summary: Plaintiff worked at a Maine law firm for more than twenty-five years and, for many years, was an equity partner. In 2012, Plaintiff filed a long term disability (LTD) claim with Defendant Standard Insurance Company, the...

United States v. Thompson  
Date: March 22, 2017
Docket Number: 13-1822

Justia Opinion Summary: Defendant pled guilty to drug conspiracy and arson charges. Prior to sentencing, Defendant moved to withdraw his plea, arguing that he did not have the opportunity to personally review certain discovery materials. The di...

US v. Bray
Date: March 22, 2017
Docket Number: 16-1579
US v. Bray
Date: March 22, 2017
Docket Number: 16-1579
United States v. Cox  
Date: March 20, 2017
Docket Number: 14-1033

Justia Opinion Summary: After a jury trial, Defendant was found guilty of bank and wire fraud and unlawful monetary transaction. The trial court imposed a below-Guidelines term of 150 months. The court also entered an order of forfeiture in the...

US v. Molina-Quintero
Date: March 20, 2017
Docket Numbers: 15-1943, 15-1944
US v. Wipp-Kelley
Date: March 20, 2017
Docket Number: 15-2038
Walsh v. Zurich American Insurance Comp
Date: March 20, 2017
Docket Number: 15-2245
US v. Lasanta-Sanchez
Date: March 20, 2017
Docket Number: 15-2549
O'Connor v. Oakhurst Dairy
Date: March 20, 2017
Docket Number: 16-1901
Berkshire Environmental Action v. Tennessee Gas Pipeline Company
Date: March 20, 2017
Docket Number: 16-2100
US v. Diaz-Rodriguez
Date: March 17, 2017
Docket Number: 15-1307
US v. Diaz-Rodriguez
Date: March 17, 2017
Docket Number: 15-1307
United States v. Camacho-Santiago  
Date: March 15, 2017
Docket Number: 14-2232

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of drug trafficking. The trial judge sentenced Defendant to 360 months’ imprisonment. Defendant appealed, arguing, inter alia, that the evidence was insufficient...

United States v. Dunston  
Date: March 15, 2017
Docket Numbers: 15-1812, 15-2000, 15-1999

Justia Opinion Summary: The three defendants in these consolidated appeals pleaded guilty to superseding informations charging them with, as relevant to this appeal, conspiring to possess with intent to distribute crack cocaine. The First Circu...

US v. Deida
Date: March 15, 2017
Docket Number: 16-1884
Berkshire Environmental Action Team, Inc. v. Tennessee Gas Pipeline Co.  
Date: March 15, 2017
Docket Number: 16-2100

Justia Opinion Summary: The Federal Energy Regulatory Commission issued to Tennessee Gas Pipeline Company, LLC a certificate of public convenience and necessity for a proposed project. The certificate was subject to filing of proof that Tenness...

United States v. Diaz-Rodriguez  
Date: March 13, 2017
Docket Number: 15-1307

Justia Opinion Summary: Pursuant to a plea agreement, Appellant pled guilty to aiding and abetting others in obstructing commerce and the movement of articles and commodities in such commerce by robbery (count one) and aiding and abetting other...

United States v. Kar  
Date: March 13, 2017
Docket Number: 15-1608

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of bank fraud and one count of conspiracy to commit bank fraud. The district court sentenced Defendant to ninety-three months’ imprisonment and ordered him to p...

Soto v. Brennan
Date: March 13, 2017
Docket Number: 16-1523
O'Connor v. Oakhurst Dairy  
Date: March 13, 2017
Docket Number: 16-1901

Justia Opinion Summary: At issue in this case was whether the delivery drivers for a Maine dairy company fell within the scope of an exemption from Maine’s overtime law. Specifically at issue was an exemption to the overtime law that covers emp...

United States v. Rivera-Izquierdo  
Date: March 6, 2017
Docket Number: 15-1620

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of money laundering. The district court sentenced Defendant to forty-two months of imprisonment. The First Circuit affirmed, holding (1) the district court did no...

Amphastar Pharmaceuticals, Inc v. Momenta Pharmaceuticals, Inc.  
Date: March 6, 2017
Docket Number: 16-2113

Justia Opinion Summary: Amphastar Pharmaceuticals Inc. and its wholly owned subsidiary (collectively, Amphastar) and Sandoz Inc. were competitors in the U.S. market for generic enoxaparin, an anticoagulant. Momenta Pharmaceuticals Inc. served a...

Robb Evans & Associates, LLC v. United States  
Date: March 3, 2017
Docket Numbers: 15-2540, 15-2552

Justia Opinion Summary: A court-appointed receiver (the Receiver), acting on behalf of a class of defrauded persons (the underlying plaintiffs), attempted to collect judgments previously rendered against several corporations and their proprieto...

West v. Hoover
Date: March 3, 2017
Docket Number: 16-1172
US v. Thompson
Date: March 3, 2017
Docket Number: 16-1374
US v. Tavares
Date: March 1, 2017
Docket Number: 14-2319
United States v. Rodrigues  
Date: March 1, 2017
Docket Number: 15-1377

Justia Opinion Summary: In a multiple-count indictment, Defendant was charged with conspiring with twenty-nine others to distribute drugs in several Boston area neighborhoods. In pretrial proceedings, Defendant filed a motion to suppress eviden...

Rodriguez-Lopez v. Triple-S Vida, Inc.  
Date: March 1, 2017
Docket Number: 15-2413

Justia Opinion Summary: On her last day of work with Mova Pharmaceutical Corporation, Nilda Rodriguez-Lopez (Rodriguez) began experiencing symptoms. Rodriguez was diagnosed with several physical and mental conditions and filed a claim for long-...

United States v. Cheng  
Date: March 1, 2017
Docket Number: 16-1144

Justia Opinion Summary: Defendant pleaded guilty to six counts of a ten-count indictment, including conspiracy to commit export violations, conspiracy to smuggle goods, and four counts of unlawfully exporting U.S. goods to Iran through the Peop...

Irish v. State of Maine  
Date: March 1, 2017
Docket Number: 16-2173

Justia Opinion Summary: Brittany Irish and her mother Kimberly Irish brought this 42 U.S.C. 1983 action against ten Maine State Police officers after Brittany’s former boyfriend broke into her parents’ home, fatally shot her boyfriend, shot and...

US v. Eustis
Date: February 28, 2017
Docket Number: 15-1850
Ali v. United States  
Date: February 28, 2017
Docket Number: 16-2027

Justia Opinion Summary: Israa Hassan, a United States citizen, filed an I-130 petition seeking permanent resident status for her noncitizen husband, Kamal Ali. U.S. Citizenship and Immigration Services (USCIS) denied the petition based on its d...

United States v. Galatis  
Date: February 24, 2017
Docket Number: 15-1322

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to commit healthcare fraud, healthcare fraud, and money laundering. Defendant appealed, alleging trial error. The First Circuit affirmed, holding that the distric...

United States v. Phillipos  
Date: February 24, 2017
Docket Number: 15-1716

Justia Opinion Summary: Defendant was convicted on two counts of making false statements to federal authorities regarding his possible participation in the Boston Marathon bombing. Defendant appealed, challenging, in part, the district court’s...

United States v. Celaya Valenzuela  
Date: February 24, 2017
Docket Number: 16-1009

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to distribute and possess with intent to distribute controlled substances. Defendant was sentenced to 210 months imprisonment. Defendant appealed, challenging bot...

United States v. Troisi  
Date: February 24, 2017
Docket Number: 16-1046

Justia Opinion Summary: After a bench trial, Defendant was convicted of both conspiracy to commit healthcare fraud and healthcare fraud. The convictions arose from Defendant’s role in an extensive scheme to defraud Medicare by billing the progr...

United States v. Bray  
Date: February 24, 2017
Docket Number: 16-1579

Justia Opinion Summary: After a jury trial, Defendant was convicted of illegal insider trading. The conviction arose from Defendant’s act of receiving material, nonpublic information about a local bank from a fellow member of the Oakley Country...

US v. Irizarry-Colon
Date: February 22, 2017
Docket Number: 15-1550
Walsh v. Zurich American Insurance Co.  
Date: February 22, 2017
Docket Number: 15-2245

Justia Opinion Summary: After James Walsh’s (Plaintiff) employment with Zurich American Insurance Company (Defendant) was terminated, he filed a complaint against Defendant, alleging breach of contract, willful violation of New Hampshire’s wage...

Holder v. Lynch  
Date: February 17, 2017
Docket Number: 15-1864

Justia Opinion Summary: In May 1990, Petitioner, a lawful permanent resident, committed a felony under California law. At that time, the immigration laws allowed the Attorney General of the United States, if so inclined, to grant Petitioner a w...

United States v. Arias  
Date: February 17, 2017
Docket Number: 15-1946

Justia Opinion Summary: Defendant was convicted of possession of heroin with intent to distribute and conspiracy to distribute heroin. The district court sentenced Defendant to a term of imprisonment of sixty-six months. Defendant appealed, rai...

Cortez Cardona v. Yates  
Date: February 17, 2017
Docket Number: 15-2095

Justia Opinion Summary: After she was charged with removability, Petitioner, a native and citizen of Guatemala, filed an application for asylum and withholding of removal pursuant to the Immigration and Nationality Act. An immigration judge (IJ...

United States v. Delgado-Sanchez  
Date: February 17, 2017
Docket Number: 15-2262

Justia Opinion Summary: Defendant pled guilty to one count of being a prohibited person in possession of a firearm. The district court sentenced Defendant to an upwardly variant sentence of seventy-two months’ imprisonment followed by a three-y...

United States v. Irizarry-Colon  
Date: February 8, 2017
Docket Number: 15-1550

Justia Opinion Summary: Defendant pled guilty to participating in a conspiracy to defraud the federal government. Defendant appealed, arguing that the district court erred in denying his motion to dismiss the indictment with prejudice based on...

United States v. Taylor  
Date: February 8, 2017
Docket Number: 15-1764

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to rob a postal worker, assault on a federal employee, and related offenses. The sentencing judge sentenced Defendant to 235 months in prison, plus ten years. Def...

United States v. Roman-Huertas  
Date: February 8, 2017
Docket Number: 15-2109

Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm. Defendant’s plea agreement recommended a total offense level under the U.S. Sentencing guidelines of seventeen. Defendant objected to the recommended tot...

Mediterranean Shipping Co. v. Best Tire Recycling, Inc.  
Date: February 6, 2017
Docket Number: 15-2482

Justia Opinion Summary: This dispute arose out of contract for the shipment of used tires from Puerto Rico to Vietnam. Because it arrived late to Vietnam, the shipment accrued port storage charges, demurrage charges, and related administrative...

United States v. Henry  
Date: February 6, 2017
Docket Number: 15-2487

Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of crack cocaine with intent to distribute. The First Circuit affirmed, holding (1) Defendant waived any argument regarding the district court’s denial of his mot...

United States v. Herman  
Date: February 6, 2017
Docket Number: 16-2001

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy, willful violation of the Investment Advisers Act, wire fraud, and corruptly impeding the administration of internal revenue laws. Defendant was sentenced to eigh...

United States v. Pereira  
Date: February 3, 2017
Docket Number: 15-1669

Justia Opinion Summary: Defendant was convicted of conspiring to possess cocaine with the intent to distribute and aiding and abetting others to posses cocaine with the intent to distribute. Defendant appealed, arguing that he was entitled to a...

United States v. Perez-Diaz  
Date: February 3, 2017
Docket Number: 15-1977

Justia Opinion Summary: Defendant pled guilty to possession of child pornography and was sentenced to seventy-eight months’ imprisonment and ten years of supervised release. Defendant appealed, arguing that the district court erred in denying h...

In Re: Suarez-Jimenez v.
Date: February 3, 2017
Docket Number: 15-8022
Prime Healthcare Services - Landmark LLC v. United Nurses & Allied Professionals, Local 5067  
Date: February 3, 2017
Docket Number: 16-1161

Justia Opinion Summary: This appeal concerned a dispute between employees represented by a Union and their successor employer. The parties agreed to arbitrate this dispute regarding change in the terms of pension provision in a collective barga...

Van Tran v. Roden
Date: February 1, 2017
Docket Number: 15-2133
Packgen v. Berry Plastics Corp.  
Date: February 1, 2017
Docket Number: 16-1348

Justia Opinion Summary: Plaintiff filed suit against Defendants resulting from the failure of material Defendants had supplied to Plaintiff. Specifically, Plaintiff alleged breach of contract, breach of implied and express warranties, and negli...

Alfano v. Lynch  
Date: February 1, 2017
Docket Number: 16-1914

Justia Opinion Summary: Defendant, a police officer acting under color of state law, took Plaintiff into protective custody, handcuffed him, transported him to a police station, and jailed him after attempting to evaluate whether Defendant was...

United States v. Llanos-Falero  
Date: January 30, 2017
Docket Number: 15-1070

Justia Opinion Summary: In 2011, while serving a four-year probation sentence for a robbery, Llanos-Falero conspired to rob Banco Santander de Puerto Rico. His associate drew police away with a bogus 911 call while Llanos-Falero drove two other...

United States v. Nieves-Mercado  
Date: January 30, 2017
Docket Number: 15-1627

Justia Opinion Summary: Nieves and two other men traveling on a Puerto Rico highway pulled alongside a car stopped at a traffic light. Nieves exited the vehicle, carrying "a long pointed tip object" to the driver's side of the car. He ordered...

Van Tran v. Roden  
Date: January 30, 2017
Docket Number: 15-2133

Justia Opinion Summary: In 1991, six men were shot, execution-style, in an illegal gambling club in Boston's Chinatown district; one (Lee) survived. Lee testified that Tran arrived at the club with one of the victims after they had been drinki...

Booker v. Pfizer, Inc.  
Date: January 30, 2017
Docket Number: 16-1805

Justia Opinion Summary: In 2009, Pfizer, settled claims that it had violated the False Claims Act (FCA), 31 U.S.C. 3729, and entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services. Months later, Booke...

Swaby v. Yates  
Date: January 30, 2017
Docket Number: 16-1821

Justia Opinion Summary: Swaby, a citizen of Jamaica, entered the U.S. on a tourist visa in 1996 and adjusted to lawful permanent resident status in 2010. In 2013, Swaby pled nolo contendere in Rhode Island to three counts of manufacturing, del...

United States v. Santini-Santiago  
Date: January 27, 2017
Docket Number: 15-1605

Justia Opinion Summary: Appellant pleaded guilty to being a prohibited person in possession of a firearm. The district court sentenced Appellant to thirty-six months’ imprisonment to be followed by a three-year term of supervised release. The a...

United States v. Therrien  
Date: January 27, 2017
Docket Number: 16-1103

Justia Opinion Summary: After a jury trial, Appellant was convicted of five counts of drug trafficking and one count of being a felon in possession of a firearm and ammunition. Appellant was sentenced to a term of sixty-three to seventy-eight m...

M v. Falmouth School Department  
Date: January 27, 2017
Docket Number: 16-1877

Justia Opinion Summary: O.M. was a student of the Falmouth School Department. O.M.’s mother, Ms. M. argued that her daughter’s individualized education program (IEP) specified that Falmouth would instruct O.M. using a Specialized Program Indivi...

US v. Jean-Baptiste
Date: January 26, 2017
Docket Number: 15-2441
United States v. Bramley  
Date: January 26, 2017
Docket Number: 15-2446

Justia Opinion Summary: Appellant entered a guilty plea to conspiracy to distribute and possess with intent to distribute marijuana. After a disposition hearing, the district court sentenced Appellant to a fifty-month term of immurement. Appell...

United States v. Marin-Echeverri  
Date: January 25, 2017
Docket Number: 15-2187

Justia Opinion Summary: Defendant pleaded guilty to participating in a conspiracy to import one or more kilograms of heroin into the United States and to launder the proceeds of that activity. Defendant was sentenced to 262 months in prison. On...

Lopez-Erquicia v. Weyne-Roig  
Date: January 25, 2017
Docket Number: 15-2278

Justia Opinion Summary: Plaintiff filed suit against Puerto Rico’s Insurance Commissioner (Defendant), claiming that Defendant eliminated her job as a director within the Office of the Insurance Commissioner on account of her political affiliat...

US v. Rivera-Ruperto
Date: January 24, 2017
Docket Number: 12-2364
US v. Rivera-Ruperto
Date: January 24, 2017
Docket Number: 12-2367
US v. Rivera-Ruperto
Date: January 24, 2017
Docket Number: 13-2017
US v. Santiago-Cordero
Date: January 24, 2017
Docket Number: 13-2047
US v. Salinas-Acevedo
Date: January 24, 2017
Docket Number: 13-2072
United States v. Zimny  
Date: January 24, 2017
Docket Number: 15-2144

Justia Opinion Summary: After a jury trial, Defendant was found guilty of five counts of wire fraud, five counts of engaging in unlawful monetary transactions, two counts of filing false tax returns, and one count of bank fraud. Defendant appea...

United States v. Martinez-Armestica  
Date: January 20, 2017
Docket Number: 14-1674

Justia Opinion Summary: Defendant pled guilty to two counts of carjacking. After a jury trial, Defendant was convicted of one count of using, carrying, and brandishing a firearm during a crime of violence and four counts of illegal possession o...

Southcoast Hospitals Group v. NLRB  
Date: January 20, 2017
Docket Number: 15-2146

Justia Opinion Summary: Southeast Hospitals Group was formed through a merger of three hospitals, one of which had a union workforce. The union’s collective bargaining agreement granted union members a hiring preference when filling union posit...

NLRB v. Southcoast Hospitals Group
Date: January 20, 2017
Docket Number: 15-2258
Ortiz-Espinosa v. BBVA Securities of Puerto Rico, Inc.  
Date: January 20, 2017
Docket Number: 16-1122

Justia Opinion Summary: Appellants sought arbitration with BBVA Securities of Puerto Rico, Inc. and one of its securities brokers, asserting several claims under both federal and Puerto Rico law. An arbitration panel issued an award denying App...

US v. Zayas-Rodriguez
Date: January 18, 2017
Docket Number: 15-2060
United States v. Rivera-Ruperto  
Date: January 13, 2017
Docket Number: 12-2364

Justia Opinion Summary: After two trials, Appellant was found guilty of various federal drug and firearms-related crimes for his participation in six “Operation Guard Shack” drug deals orchestrated by the FBI. Each trial was presided over by a...

US v. Rivera-Ruperto
Date: January 13, 2017
Docket Number: 12-2367
United States v. Rivera-Ruperto  
Date: January 13, 2017
Docket Numbers: 13-2017, 13-2047, 13-2072

Justia Opinion Summary: Defendants - Rivera-Ruperto, Salinas-Acevedo, and Santiago-Cardero - were found guilty of various federal drug and firearms-related crimes. Each was sentenced to multiple years of imprisonment. For Rivera-Ruperto, this w...

US v. Santiago-Cordero
Date: January 13, 2017
Docket Number: 13-2047
US v. Salinas-Acevedo
Date: January 13, 2017
Docket Number: 13-2072
US v. Gonzalez-Miranda
Date: January 13, 2017
Docket Number: 14-1329
US v. Nieves-Velez
Date: January 13, 2017
Docket Number: 14-1892
US v. Lawrence
Date: January 13, 2017
Docket Number: 16-1244
The Do Corporation v. Shastany
Date: January 11, 2017
Docket Number: 15-1978
Vendura v. Boxer  
Date: January 11, 2017
Docket Number: 15-2387

Justia Opinion Summary: In 1993, Vendura was hired by TRW Inc. and became a participant in the TRW Salaried Pension Plan. In 2002, Northrop Grumman Corp. acquired TRW and renamed the company (herein referred to as NGSMC). After NGSMC attempted...

Holloway v. United States  
Date: January 11, 2017
Docket Number: 16-1402

Justia Opinion Summary: Plaintiff was injured while receiving treatment at a federally funded healthcare facility. Plaintiff later filed an administrative claim with the Department of Health and Human Services (HHS) using a Standard Form 95 (SF...

Reddy v. Foster  
Date: January 11, 2017
Docket Number: 16-1432

Justia Opinion Summary: At issue in this case was New Hampshire Senate Bill 319 (the Act), which was signed into law in 2014. The Act permits a reproductive health care facility to demarcate a zone under certain conditions and forbids members o...

Peaje Investments LLC v. Garcia-Padilla  
Date: January 11, 2017
Docket Numbers: 16-2377, 16-2430, 16-2431, 16-2433, 16-2435, 16-2437, 16-2438, 16-2439, 16-2440

Justia Opinion Summary: The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), enacted in 2016 to address Puerto Rico’s financial crisis, provides for a temporary stay of debt-related litigation against the Puerto Rico gov...

Peaje Investments LLC v. Garcia-Padilla
Date: January 11, 2017
Docket Number: 16-2430
Assured Guaranty Corporation v. Commonwealth of Puerto Rico
Date: January 11, 2017
Docket Number: 16-2431
Altair Global Credit v. Garcia-Padilla
Date: January 11, 2017
Docket Number: 16-2433
Altair Global Credit v. Garcia-Padilla
Date: January 11, 2017
Docket Number: 16-2435
In re: Nexium Antitrust v.
Date: January 10, 2017
Docket Number: 15-2005
In re: Nexium Antitrust v.
Date: January 10, 2017
Docket Number: 15-2006
In re: Nexium Antitrust v.
Date: January 10, 2017
Docket Number: 15-2007
United States v. Cotto-Negron  
Date: January 9, 2017
Docket Number: 14-1670

Justia Opinion Summary: Appellant pled guilty to one count of committing a Hobbs Act robbery. The court sentenced Appellant to a prison term of 120 months. Appellant appealed, arguing that his sentence was procedurally unreasonable - because th...

United States v. Fontanez  
Date: January 9, 2017
Docket Number: 15-1360

Justia Opinion Summary: After a jury trial, Appellant was found guilty of one count of conspiracy to possess with intent to distribute cocaine base and three specific-offense counts of distribution of that controlled substance. Appellant was se...

Ganem v. InVivo Therapeutics Holdings Corp.  
Date: January 9, 2017
Docket Number: 15-1544

Justia Opinion Summary: After the share price of a corporation’s common stock dropped, investors filed suit against the corporation and its former CEO, alleging securities fraud. The lead plaintiff, on behalf of himself and a putative class of...

United States v. Taylor  
Date: January 9, 2017
Docket Number: 15-1775

Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm. Prior to the sentencing hearing, the government submitted a motion requesting that the district court apply the sentencing enhancement for trafficking in...

Guevara De Vilorio v. Lynch
Date: January 9, 2017
Docket Number: 16-1154
Masso-Torrellas v. Municipality of Toa Alta  
Date: January 9, 2017
Docket Number: 16-1319

Justia Opinion Summary: This case concerned a dispute relating to contracts for the construction of a municipal transportation terminal on land owned by a municipality (Municipality). Municipality awarded the construction project to OSSAM Const...

Xian Jing v. Lynch  
Date: January 4, 2017
Docket Number: 16-1290

Justia Opinion Summary: Petitioner, a native of China, was charged with being removable. Petitioner filed applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Immigration Judge (IJ) den...

United States v. Stile  
Date: January 3, 2017
Docket Number: 15-1720

Justia Opinion Summary: Defendant pleaded guilty to robbery of a controlled substance from a pharmacy by use of a dangerous weapon. After conducting a sentencing hearing, the district court sentenced Defendant to 120 months’ imprisonment. Defen...

D'Agostino v. EV3, Inc.
Date: January 3, 2017
Docket Number: 16-1126
Belsito Communications, Inc v. Decker
Date: January 3, 2017
Docket Number: 16-1130