2012 First Circuit US Court of Appeals Case Law

Opinions 501 - 533 of 533

Hussey v. US
Date: January 20, 2012
Docket Number: 10-1418
Davis v. United States  
Date: January 20, 2012
Docket Number: 10-1419

Justia Opinion Summary: In the 1970s, the decedent worked as a bookmaker in Boston and was involved with Bulger's Winter Hill gang. In 1979, decedent was charged with murder. While out on bail, he offered to cooperate with police in the invest...

Hussey v. US, et al
Date: January 20, 2012
Docket Number: 10-1466
Hussey v. US, et al
Date: January 20, 2012
Docket Number: 11-2254
Litif, et al v. US
Date: January 20, 2012
Docket Number: 11-2255
Hussey v. United States  
Date: January 20, 2012
Docket Number: 10-1418

Justia Opinion Summary: In the early 1980s, two women were murdered, apparently for domestic reasons. Their bodies were found in 2000 and Flemmi, a member of a Boston gang, confessed. The families filed claims under the Federal Tort Claims Act...

Hussey v. US, et al
Date: January 20, 2012
Docket Number: 10-1466
Hussey v. US, et al
Date: January 20, 2012
Docket Number: 11-2254
Scibelli, et al v. Prudential Insurance Company
Date: January 20, 2012
Docket Number: 11-1372
MA Delivery Ass'n v. Coakley  
Date: January 20, 2012
Docket Number: 11-1441

Justia Opinion Summary: The Massachusetts Delivery Association claimed that a state law is preempted as to motor carriers under the Federal Aviation Administration Authorization Act of 1994, 108 Stat. 1569, which expressly preempts state attemp...

US v. Brown
Date: January 19, 2012
Docket Number: 09-2402
United States v. Brown  
Date: January 19, 2012
Docket Number: 10-1081

Justia Opinion Summary: Defendants were convicted of failure to pay federal income tax. Neither attended sentencing. They did not respond to demands to surrender and remained holed up in their secluded home for about nine months. Marshals had i...

United States v. Santiago-Perez  
Date: January 19, 2012
Docket Number: 10-1776

Justia Opinion Summary: Defendant and companions were found to be carrying large amounts of cash while passing through customs and were later connected to a mailed package containing cocaine. Defendant was convicted of attempting to possess wit...

Moreno-Espada v. United States  
Date: January 19, 2012
Docket Number: 10-1938

Justia Opinion Summary: Defendant pled guilty to conspiring to possess with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin within 1,000 feet of a public housing project, 21 U.S.C. 841, 846, and 860, an...

Acevedo v. Potter, et al
Date: January 19, 2012
Docket Number: 11-1633
Ayala-Sepulveda v. Municipality San German  
Date: January 18, 2012
Docket Number: 10-2123

Justia Opinion Summary: Plaintiff, a homosexual man, was employed by the city. He claims that he was taunted by unidentified coworkers and that, after he had a romantic relationship with a coworker, he was afraid for his safety and requested th...

Lyons v. Brady  
Date: January 17, 2012
Docket Number: 09-1059

Justia Opinion Summary: Defendant, convicted of second-degree murder for the death of his two-week-old son after admitting to shaking the baby, obtained a reduction to involuntary manslaughter, but the Massachusetts Supreme Judicial Court reins...

Antilles Cement Corp. v. Fortuno  
Date: January 17, 2012
Docket Number: 09-1314

Justia Opinion Summary: Two laws were challenged under the Buy American Act, 41 U.S.C. 8301, which requires that only materials mined, produced, or manufactured in the U.S. be employed for "public use" or used in construction, alteration, or re...

Antilles Cement Corp. v. Cemex de Puerto Rico, Inc.
Date: January 17, 2012
Docket Number: 09-1583
United States v. Aguasvivas-Castillo  
Date: January 17, 2012
Docket Number: 10-1460

Justia Opinion Summary: The owner of supermarkets involved his family in a scheme to provide cash for food stamps, beyond what is permitted by Puerto Rico law. A conservative estimate put receipts from the fraud above $4 million, which was inte...

Moreno-Medina v. Toledo
Date: January 17, 2012
Docket Number: 10-1897
Hawkins v. Dep't of Health & Human Servs. for the State of NH  
Date: January 13, 2012
Docket Number: 10-1761

Justia Opinion Summary: In 2003, the New Hampshire Department of Health and Human Services and a certified class of Medicaid-eligible children reached a settlement agreement and proposed a consent decree that outlined the Department's obligati...

United States v. Rehlander  
Date: January 13, 2012
Docket Number: 10-1812

Justia Opinion Summary: Maine has two procedures for involuntary psychiatric hospitalization. Section 3863 provides for temporary hospitalization without an adversary proceeding. For full-scale commitments Section 3864 requires a traditional ad...

US v. Duong
Date: January 13, 2012
Docket Number: 10-2138
Abdel-Aleem v. OPK Biotech LLC  
Date: January 13, 2012
Docket Number: 11-1373

Justia Opinion Summary: In 2005, plaintiff began consulting for defendant and signed an agreement prohibiting disclosure of proprietary information to third parties, and a non- competition covenant effective during his employment and for two ye...

United States v. Curet  
Date: January 11, 2012
Docket Number: 10-1176

Justia Opinion Summary: After pleading guilty to three counts of conspiracy to distribute cocaine base and distribution of cocaine base within 1,000 feet of a school (18 U.S.C. 841 (a) and(b)), defendant was sentenced to 174 months in prison. T...

Scibelli v. Prudential Ins. Co.  
Date: January 11, 2012
Docket Number: 11-1372

Justia Opinion Summary: Decedent worked for the company from 1982 until 1997, when, at age 52, he was treated for degenerative disc changes, alcohol abuse, and depression. He never returned to work and died in 2008. He was enrolled in his emplo...

Samaan v. St. Joseph Hosp.  
Date: January 9, 2012
Docket Number: 11-1480

Justia Opinion Summary: Flying from Cairo to New York, a flight attendant thought plaintiff looked ill and recruited a second-year medical resident to perform an examination. The resident thought that plaintiff was suffering an ischemic stroke...

United States v. Davila-Nieve  
Date: January 6, 2012
Docket Number: 10-1719

Justia Opinion Summary: Defendant, caught attempting to induce a person he believed to be a minor to engage in sexual activity, was convicted under 18 U.S.C. 2422(b). The First Circuit affirmed. There was sufficient evidence that the behavior d...

United States v. Duong  
Date: January 6, 2012
Docket Number: 10-2138

Justia Opinion Summary: Convicted of failing to surrender to serve a sentence for investment fraud, 18 U.S.C. 3146(a)(2), defendant was sentenced to 15 months in prison, based in part on a statutory enhancement for committing an offense while r...

US v. Allen
Date: January 6, 2012
Docket Number: 10-2160
United States v. Allen  
Date: January 6, 2012
Docket Number: 10-2161

Justia Opinion Summary: Husband and wife filed returns for tax years 1997-1999 reporting zero income, despite having reportable income. Based on advice from their dentist and their own research, they concluded that no provision of the Internal...

DiVittorio v. HSBC Bank USA, NA  
Date: January 6, 2012
Docket Number: 11-1188

Justia Opinion Summary: Plaintiff asserted a right to rescind a mortgage loan on the ground that the disclosures made at closing did not comply with the Massachusetts Consumer Credit Cost Disclosure Act, Mass. Gen. Laws ch. 140D, 10, the equiv...