2014 First Circuit US Court of Appeals Case Law

Tobin v. Fedex Corp.  
Date: December 30, 2014
Docket Number: 14-1567

Justia Opinion Summary: A package was shipped from a FedEx location in Eureka, California to an address in Plymouth, Massachusetts. The printed address label inadvertently showed an incorrect address, that address being Plaintiff’s address. Whe...

McDermott v. Marcus, Errico, Emmer & Brooks  
Date: December 29, 2014
Docket Number: 13-2181

Justia Opinion Summary: When Appellant, a resident of the Pondview Condominiums, did not pay his condominium fees on time, the condominium trustees hired law firm Marcus, Errico, Emmer and Brooks, P.C. (“MEEB”) to collect Appellant’s debt. MEEB...

United States v. Castro-Caicedo  
Date: December 24, 2014
Docket Number: 13-1046

Justia Opinion Summary: Defendant, a Colombian national, was convicted of participating in a conspiracy to import cocaine to the United States. Prior to trial, Defendant moved to suppress an identification that he argued had been obtained by a...

United States v. Santiago  
Date: December 24, 2014
Docket Number: 14-1219

Justia Opinion Summary: Defendant, a coconspirator in a 2010 murder in Rhode Island, pleaded guilty to conspiracy to commit robbery affecting commerce, robbery affecting commerce, and possessing and discharging a gun in relation to a crime of v...

Ruskai v. Pistole  
Date: December 23, 2014
Docket Number: 12-1392

Justia Opinion Summary: Under current Transportation Security Administration (TSA) security protocols, some passengers cannot pass through some security checkpoints in U.S. airports without submitting to a standard pat-down, which includes secu...

Claudio de-Leon v. Ayala
Date: December 23, 2014
Docket Number: 13-1198
South Commons Condo. Ass’n v. Charlie Arment Trucking, Inc.  
Date: December 23, 2014
Docket Numbers: 13-2244, 13-2248

Justia Opinion Summary: In 2011, a tornado ripped through the downtown area of the City of Springfield, Massachusetts and caused significant damage. City officials quickly determined that the South Commons Condominiums were among the properties...

South Commons Condo. Assn. v. Charlie Arment Trucking, Inc.
Date: December 23, 2014
Docket Number: 13-2248
T G Plastics Trading Co., Inc. v. Toray Plastics (America), Inc.
Date: December 23, 2014
Docket Number: 14-1500
Claudio de-Leon v. Ayala  
Date: December 22, 2014
Docket Number: 13-1198

Justia Opinion Summary: Rosana Claudio-de Leon (Claudio) and the University of the East of the Ana G. Mendez University System (SUAGM) entered into an employment contract that contained a forum selection clause precluding adjudication in federa...

United States v. Melendez  
Date: December 22, 2014
Docket Number: 13-1899

Justia Opinion Summary: After a jury trial, Appellant was found guilty of conspiracy to distribute five kilograms or more of cocaine. Appellant was sentenced to 144 months’ imprisonment, a sentence below that suggested by the United States Sent...

T G Plastics Trading Co., Inc. v. Toray Plastics (America), Inc.  
Date: December 22, 2014
Docket Number: 14-1500

Justia Opinion Summary: After T G Plastics Trading Co., Inc. (“National Plastics”) allegedly fell behind on payments owed to Toray Plastics (America), Inc., Toray filed suit. The parties settled the lawsuit, and the terms of the settlement were...

United States v. Adorno-Molina  
Date: December 19, 2014
Docket Number: 13-1065

Justia Opinion Summary: Appellant was involved in a wide-ranging drug trafficking organization. After a trial, in which she was tried alone, Appellant was found guilty of conspiracy to possess with intent to distribute controlled substances and...

Ira Green, Inc. v. Military Sales & Serv. Co.  
Date: December 19, 2014
Docket Number: 14-1178

Justia Opinion Summary: This appeal concerned a commercial dispute between business rivals. Ira Green, Inc. (Green) sued Military Sales & Service Co. (MilSal) in federal district court, alleging tortious interference and defamation. After an ei...

Equal Employment Opportunity Comm’n v. Kohl's Dep’t Stores, Inc.  
Date: December 19, 2014
Docket Number: 14-1268

Justia Opinion Summary: Pamela Manning, who suffers from type I diabetes, resigned from her employment at Kohl’s Department Stores, Inc. after Kohl’s refused to grant her request for a steady work schedule. The Equal Employment Opportunity Comm...

Guerra-Delgado v. Banco Popular de P.R.  
Date: December 18, 2014
Docket Number: 13-2065

Justia Opinion Summary: In 1997, Appellant began working for Banco Popular de Puerto Rico (BPPR). After Appellant retired in 2009, BPPR made a final calculation of Appellant’s pension, which yielded monthly payments significantly lower than ear...

Winfield v. O'Brien  
Date: December 18, 2014
Docket Number: 13-2438

Justia Opinion Summary: After a jury trial in Massachusetts state court, Petitioner was convicted of assaulting and raping a two-year-old child and sentenced to life imprisonment. Petitioner’s application for further appellate review was denied...

Ruksznis v. Argonaut Ins. Co.  
Date: December 18, 2014
Docket Number: 13-2474

Justia Opinion Summary: Appellant, a former plumbing inspector for the Town of Sangerville, sued a Town Selectman, asserting claims of common law slander and violations of his constitutional right to due process. The claims stemmed from the Sel...

Kosilek v. Spencer  
Date: December 16, 2014
Docket Number: 12-2194

Justia Opinion Summary: Plaintiff was an anatomically male prisoner in her mid-sixties who suffered from gender identity disorder and self-identified as a female. Plaintiff, who was incarcerated in a medium security male prison in Massachusetts...

Connor B. v. Patrick  
Date: December 15, 2014
Docket Number: 13-2467

Justia Opinion Summary: Defendants in this case were the Governor of Massachusetts, the Secretary of the Executive Office of Health and Human Services, and the Commissioner of the Massachusetts Department of Children and Families (DCF). Six chi...

United States v. McCormick
Date: December 10, 2014
Docket Number: 13-2504
Castagnaro v. Bank of New York Mellon
Date: December 10, 2014
Docket Number: 14-1195
Hunt v. Massi  
Date: December 10, 2014
Docket Number: 14-1379

Justia Opinion Summary: A district court issued an arrest warrant for Brian Hunt for failing to pay a fine. Hunt had actually paid the fine, but the payment wasn’t recorded. Four police officers served the warrant at the home of Hunt and his wi...

Rossetti v. United States  
Date: December 9, 2014
Docket Number: 12-1451

Justia Opinion Summary: After a jury trial, Defendant was convicted on federal criminal charges of conspiracy and attempt to affect commerce by robbery, among other charges. The First Circuit vacated Defendant’s sentence and remanded for resent...

United States v. Davis  
Date: December 9, 2014
Docket Number: 13-2292

Justia Opinion Summary: Defendant entered a conditional plea of guilty to being a felon in possession of two firearms, reserving the right to appeal the denial of his motion to suppress. The district court subsequently sentenced Defendant as an...

S. Kingstown Sch. Comm. v. Joanna S.  
Date: December 9, 2014
Docket Number: 14-1177

Justia Opinion Summary: South Kingstown School Committee (Committee) runs one of Rhode Island’s public school districts. Rhode Island has accepted federal funding under the Individuals with Disabilities Education Act (IDEA). Appellant, the moth...

United States v. Trinidad-Acosta  
Date: December 5, 2014
Docket Numbers: 13-1830, 13-2056

Justia Opinion Summary: Defendants Manuel Trinidad-Acosta and Ed Cogswell were involved in a conspiracy to distribute cocaine base, or crack cocaine. A grand jury indicted Defendants on one count of conspiracy to possess with the intent to dist...

US v. Cogswell
Date: December 5, 2014
Docket Number: 13-2056
United States v. Correy  
Date: December 3, 2014
Docket Number: 12-1542

Justia Opinion Summary: Defendant and numerous co-defendants were convicted of conspiracy to distribute heroin and cocaine. The sentencing judge made individual drug-quantity determinations based on his review of the record, relying heavily on...

United States v. Rodriguez-Soler  
Date: December 3, 2014
Docket Number: 13-1527

Justia Opinion Summary: After a jury trial, Defendant was found guilty of conspiring to possess illegal drugs with intent to distribute, conspiring to possess a firearm during and in relation to a drug-trafficking crime, and possessing a firear...

United States v. Narvaez-Soto  
Date: December 3, 2014
Docket Number: 13-1963

Justia Opinion Summary: Defendant pleaded guilty to carjacking resulting in serious bodily injury and carriage of a firearm during and in relation to a crime of violence. After a disposition hearing, the district court varied upward and imposed...

Vaqueria Tres Monjitas, Inc. v. Industria Lechera de P.R., Inc.  
Date: December 2, 2014
Docket Numbers: 14-1132, 14-1132

Justia Opinion Summary: This long-running dispute over Puerto Rico’s dairy industry resulted in the principal parties settling. Pursuant to the settlement, the Department of Agriculture for the Commonwealth of Puerto Rico and others (collective...

Lyman Morse Boatbuilding Inc. v. N. Assurance Co.  
Date: December 2, 2014
Docket Numbers: 14-1380, 14-1438

Justia Opinion Summary: Russ Irwin brought an arbitration proceeding against Lyman Morse Boatbuilding, Inc. (LMB) of Maine and Cabot Lyman, the controlling owner of LMB, claiming damages related to the allegedly defective construction of a luxu...

Lyman Morse Boatbuilding Inc. v. Northern Assurance Co.
Date: December 2, 2014
Docket Number: 14-1438
Sun v. Ven-A-Care of the Florida Keys
Date: December 1, 2014
Docket Number: 13-1732
United States, ex rel. Sun v. Baxter Healthcare Corp.  
Date: December 1, 2014
Docket Numbers: 13-2083, 13-1732

Justia Opinion Summary: Ven-A-Care of the Florida Keys, Inc. filed the first of two qui tam actions alleging that Baxter Healthcare Corporation had defrauded the federal Medicaid and Medicare programs. Ven-A-Care and Baxter eventually reached a...

Joca-Roca Real Estate, LLC v. Brennan, Jr.  
Date: December 1, 2014
Docket Number: 14-1353

Justia Opinion Summary: Plaintiff and Defendant entered into an asset purchase agreement (the Agreement) that contained a provision requiring submission of all disputes concerning the “validity, interpretation and enforcement” of the Agreement...

Fadili v. Deutsche Bank Nat’l Trust Co.  
Date: December 1, 2014
Docket Number: 14-1381

Justia Opinion Summary: Plaintiff owned a vacant lot in Alton, New Hampshire. In 2002, Plaintiff deeded the lot to his son. Because the town of Alton then held a lien due to unpaid taxes, Plaintiff did not then hold complete title to the proper...

Biltcliffe v. CitiMortgage, Inc.  
Date: November 25, 2014
Docket Number: 14-1043

Justia Opinion Summary: Plaintiff and his wife purchased a home in Massachusetts that was encumbered by a mortgage. The mortgage was eventually assigned to Defendant CitiMortgage, Inc. Defendant ultimately invoked its statutory power of sale an...

Watchtower Bible & Tract Soc’y of N.Y., Inc. v. Colombani  
Date: November 20, 2014
Docket Numbers: 13-1605, 13-1718, 13-1719

Justia Opinion Summary: In Puerto Rico, the Controlled Access Law (CAL) allows private citizens to protect themselves against violent crimes by maintaining gated residential communities that incorporate public streets. In 2004, two corporations...

Municipality of San Juan v. Watchtower Bible and Tract Soc
Date: November 20, 2014
Docket Number: 13-1718
Municipality of Bayamon v. Watchtower Bible and Tract Soc
Date: November 20, 2014
Docket Number: 13-1719
Castagnaro v. Bank of New York Mellon  
Date: November 20, 2014
Docket Number: 14-1195

Justia Opinion Summary: At issue in this case was whether New Hampshire law requires a foreclosing entity to hold both mortgage and note before it can exercise a power of sale under N.H. Rev. Stat. Ann. 479:25, which authorizes a mortgagee to c...

United States v. Gaffney-Kessell  
Date: November 18, 2014
Docket Number: 13-2023

Justia Opinion Summary: Defendant pleaded guilty to travel with intent to engage in criminal sexual activity. Defendant lodged no written objection to the sentence recommendations contained in the ensuing presentence report, nor did he object d...

DaSilva v. Holder, Jr.
Date: November 17, 2014
Docket Number: 13-2487
Mayhew v. Burwell  
Date: November 17, 2014
Docket Number: 14-1300

Justia Opinion Summary: For more than twenty years, the Maine Department of Health and Human Services (DHHS) provided Medicaid coverage for nineteen- and twenty-year-old children whose families met low-income requirements. In 2012, Maine DHHS s...

United States v. Pizarro  
Date: November 14, 2014
Docket Number: 12-1759

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to distribute cocaine and heroin and possession with intent to distribute cocaine. Upon Defendant’s third sentencing, the district court found Defendant responsib...

United States v. Fermin  
Date: November 14, 2014
Docket Number: 13-1108

Justia Opinion Summary: Following a jury trial, Defendant was convicted of possession with intent to distribute both marijuana and cocaine. Defendant appealed, arguing, among other things, that the district court erred in denying his motion to...

United States v. Almonte-Nunez  
Date: November 14, 2014
Docket Number: 13-1896

Justia Opinion Summary: Pursuant to a plea agreement, Defendant entered guilty pleas to robbing an individual of a United States passport (count 1), brandishing a firearm during a crime of violence (count 2), and being a convicted felon in poss...

Baker v. Goldman, Sachs & Co.
Date: November 14, 2014
Docket Number: 13-2173
Bamberg v. Goldman, Sachs & Co.
Date: November 14, 2014
Docket Number: 13-2208
Ryan v. Astra Tech, Inc.  
Date: November 14, 2014
Docket Number: 13-2251

Justia Opinion Summary: During the underlying litigation, Attorney Jeffrey Ryan, counsel for the plaintiff, attempted to engage in allegedly surreptitious communication with his client while a question was pending at a deposition. The district...

Foley v. Wells Fargo Bank, N.A.  
Date: November 14, 2014
Docket Number: 13-2527

Justia Opinion Summary: With the threat of foreclosure looming on his home, Plaintiff sued Bank for failing to consider him for a mortgage loan modification, which a California class action settlement agreement required Bank to do before attemp...

C.W. Downer & Company v. Bioriginal Food & Science Corp
Date: November 14, 2014
Docket Number: 14-1327
Baker v. Goldman, Sachs & Co.  
Date: November 12, 2014
Docket Numbers: 13-2173, 13-2208

Justia Opinion Summary: Dragon Systems, Inc. (Dragon), a voice recognition software company that faced a deteriorating financial situation, hired Goldman Sachs (Goldman) to provide financial advice and assistance in connection with a possible m...

Bamberg v. Goldman, Sachs & Co.
Date: November 12, 2014
Docket Number: 13-2208
C.W. Downer & Co. v. Bioriginal Food & Sci. Corp.  
Date: November 12, 2014
Docket Number: 14-1327

Justia Opinion Summary: Defendant, a Canadian company, contracted with Plaintiff, a Massachusetts investment bank, to be its exclusive financial advisor for the sale of its business. The parties negotiated and executed the agreement from their...

US v. Etienne
Date: November 7, 2014
Docket Number: 13-1387
Frontier Fishing Corp. v. Pritzker
Date: November 7, 2014
Docket Number: 13-1776
United States v. Worthy  
Date: November 7, 2014
Docket Number: 13-1831

Justia Opinion Summary: An initial criminal complaint issued against Defendant on August 6, 2010 charging him with a drug-related offense. Over the next fourteen months, the government brought four superseding indictments against him. Five days...

Litz v. Saint Consulting Group, Inc.
Date: November 7, 2014
Docket Number: 13-2437
United States v. Colon-Ledee  
Date: November 5, 2014
Docket Number: 13-1078

Justia Opinion Summary: After a seventeen-day jury trial, Appellants, a brother and sister, were found guilty of multiple bankruptcy-related crimes designed to conceal the brother’s assets and avoid his obligations to creditors. Appellants appe...

US v. Colon-Ledee
Date: November 5, 2014
Docket Number: 13-1078
United States v. Pennue  
Date: November 5, 2014
Docket Number: 13-2156

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of passing altered obligations of the United States with intent to defraud and one count of inducing the interstate transportation of currency with intent to d...

United States v. Prange  
Date: November 5, 2014
Docket Numbers: 13-2262, 13-2328

Justia Opinion Summary: After a jury trial, Defendants, James Prange and John Jordan, were convicted of multiple fraud-related counts based on their participation in an FBI securities fraud sting. The district court sentenced both Defendants to...

US v. Jordan
Date: November 5, 2014
Docket Number: 13-2328
Mauvais v. Herisse  
Date: November 5, 2014
Docket Number: 14-1763

Justia Opinion Summary: Mother and Father had two minor children. The family lived in Canada for approximately three and a half years before Mother relocated the children to the United States, where the entire family had never lived together. F...

Aguayo-Cuevas v. P.R. Elec. Power Auth.  
Date: November 4, 2014
Docket Number: 12-2354

Justia Opinion Summary: The decedent died from electrocution while working on a telephone pole that was the purported partial responsibility of Puerto Rico Electric Power Authority (PREPA). Appellants, the decedent’s sisters, filed a wrongful d...

Litz v. Saint Consulting Group, Inc.  
Date: November 4, 2014
Docket Number: 13-2437

Justia Opinion Summary: Appellants, Crystal Litz and Amanda Payne, earned more than $100,000 per year as project managers for The Saint Consulting Group, Inc. Appellants claimed unpaid overtime compensation under the Fair Labor Standards Act (F...

Kerin v. Titeflex Corp.  
Date: November 4, 2014
Docket Number: 14-1130

Justia Opinion Summary: Plaintiff filed a complaint against Titeflex Corporation, the manufacturer of Gastite, for an alleged product defect in Gastite corrugated stainless steel tubing (CSST). The complaint asserted four causes of action, each...

United States v. Etienne  
Date: October 29, 2014
Docket Number: 13-1387

Justia Opinion Summary: After a jury trial, Appellant was convicted of conspiring to distribute cocaine base. Appellant was sentenced to seventy months in jail. On appeal, Appellant challenged his conviction and his sentence. The First Circuit...

United States v. Awer  
Date: October 29, 2014
Docket Number: 13-2068

Justia Opinion Summary: After a jury trial, Appellant was convicted of possessing cocaine base with intent to distribute. The First Circuit affirmed the conviction, holding (1) the district court did not err by declining to grant Appellant’s mo...

Panoto v. Holder, Jr.
Date: October 29, 2014
Docket Number: 13-2269
Panoto v. Holder, Jr.
Date: October 29, 2014
Docket Number: 13-2269
Frontier Fishing Corp. v. Pritzker  
Date: October 24, 2014
Docket Number: 13-1776

Justia Opinion Summary: The National Oceanic and Atmospheric Administration (NOAA) issued Frontier Fishing a notice of violation and assessment and a notice of permit sanction after determining that Frontier Fishing was liable for trawling in a...

Lydon v. Local 103, Int’l Brotherhood of Elec. Workers  
Date: October 24, 2014
Docket Number: 13-2009

Justia Opinion Summary: Brendon Lydon, a member of Local 103 of the International Brotherhood of Electrical Workers, sued Local 103 in district court, alleging that the union violated several federal labor laws by running its hiring hall in a d...

Tetreault v. Reliance Standard Life Ins.
Date: October 24, 2014
Docket Number: 13-2353
JL Powell Clothing LLC v. Powell
Date: October 24, 2014
Docket Number: 14-1242
JL Powell Clothing LLC v. Powell  
Date: October 24, 2014
Docket Number: 14-1242

Justia Opinion Summary: This interlocutory appeal concerned a preliminary injunction entered against Joshua Powell in litigation resulting from several contracts between the company Powell founded and a new joint venture formed with a non-party...

Romulus v. CVS Pharmacy, Inc.  
Date: October 24, 2014
Docket Number: 14-1937

Justia Opinion Summary: In this case involving a class action complaint filed against CVS Pharmacy Inc. in Massachusetts Superior Court for wage and hour violations, the First Circuit clarified the removal time periods and mechanisms under the...

Panoto v. Holder  
Date: October 22, 2014
Docket Number: 13-2269

Justia Opinion Summary: Petitioner, an Indonesian citizen, submitted an application for asylum, alleging that she experienced persecution as an Indonesian Christian. An Immigration Judge (IJ) denied Petitioner’s application for asylum and grant...

Piccone v. McClain
Date: October 20, 2014
Docket Number: 13-1627
Lebron v. Commonwealth of Puerto Rico  
Date: October 20, 2014
Docket Number: 13-2078

Justia Opinion Summary: Plaintiffs, the parents of a minor child with Asperger’s Syndrome, filed suit against the Commonwealth of Puerto Rico and the Puerto Rico Department of Education under a number of federal and state statutes for alleged r...

Van Wagner Boston, LLC v. Davey  
Date: October 20, 2014
Docket Number: 13-2087

Justia Opinion Summary: At issue in this case was the regulation by the state of Massachusetts of the display of billboards and other outdoor signage. Plaintiffs, related companies engaged in the business of erecting and displaying billboards a...

United States v. Sevilla-Oyola  
Date: October 16, 2014
Docket Numbers: 12-1264, 12-1463

Justia Opinion Summary: Appellant pleaded guilty to two counts related to his involvement in a drug ring. After a plea colloquy, the district judge sentenced Appellant to 327 months on count one and life imprisonment on count two, to run consec...

US v. Sevilla-Oyola
Date: October 16, 2014
Docket Number: 12-1264
US v. Sevilla-Oyola
Date: October 16, 2014
Docket Number: 12-1463
US v. Sevilla-Oyola
Date: October 16, 2014
Docket Number: 12-1463
Perez v. Hosp. Damas, Inc.  
Date: October 16, 2014
Docket Number: 13-1810

Justia Opinion Summary: Plaintiffs filed a medical malpractice complaint in the Puerto Rico Court of the First Instance then voluntarily dismissed their suit and re-filed in federal court. In their federal complaint, Plaintiffs named as defenda...

United States v. Vega-Salgado  
Date: October 14, 2014
Docket Number: 13-1484

Justia Opinion Summary: Appellant was charged with being a felon in possession of a firearm. Appellant entered into a written plea agreement with a commitment that the government would recommend a sentence of no more than fifty-six months. Ther...

United States v. Barnes  
Date: October 10, 2014
Docket Number: 11-1093

Justia Opinion Summary: Defendant pled guilty under a plea agreement to conspiring to distribute at least fifty kilograms of marijuana and to distributing or aiding and abetting the distribution of marijuana. A judge with the First Circuit used...

Showtime Entertainment, LLC v. Town of Mendon
Date: October 10, 2014
Docket Number: 12-2121
US v. Ridolfi
Date: October 10, 2014
Docket Number: 13-2127
Stalcup v. CIA
Date: October 10, 2014
Docket Number: 13-2329
Showtime Ent., LLC v. Town of Mendon  
Date: October 8, 2014
Docket Number: 12-2121

Justia Opinion Summary: The Town of Mendon, Massachusetts set forth zoning restrictions regulating the size and height allowances for buildings operating adult-entertainment businesses, limiting the operating hours of such businesses, and banni...

United States v. Starks  
Date: October 8, 2014
Docket Number: 13-1251

Justia Opinion Summary: Defendant was driving a rental car he had retrieved from his son’s girlfriend when he was stopped by a police officer. The officer subsequently discovered a bag on the passenger seat containing a gun and two boxes of amm...

Cioffi v. Gilbert Enters., Inc.  
Date: October 8, 2014
Docket Number: 14-1002

Justia Opinion Summary: Plaintiff was an exotic dancer employed by an adult entertainment club (“Club”) operated in Providence, Rhode Island by Defendant, a Rhode Island corporation. Plaintiff sued the Club, alleging that she was injured when a...

US v. Seger
Date: October 8, 2014
Docket Number: 14-1150
Acevedo-Perez v. United States  
Date: October 6, 2014
Docket Number: 12-2351

Justia Opinion Summary: After Plaintiff retired from his employment with the United States Immigration and Customs Enforcement (ICE) in the Department of Homeland Security (DHS) he filed an administrative claim for employment discrimination, al...

Castaneda v. Souza  
Date: October 6, 2014
Docket Number: 13-1994

Justia Opinion Summary: At issue in this case was the mandatory detention provision of the Immigration and Nationality Act, 8 U.S.C. 1226(c), which provides that the Attorney General shall take into custody any alien who has committed certain p...

United States v. Ridolfi  
Date: October 6, 2014
Docket Number: 13-2127

Justia Opinion Summary: After a jury trial, Defendant was convicted of being a felon in possession of one or more firearms and of knowingly possessing one of more firearms. Defendant appealed, arguing that the evidence was insufficient to prove...

Stalcup v. Cent. Intelligence Agency  
Date: October 6, 2014
Docket Number: 13-2329

Justia Opinion Summary: In 1996, TWA Flight 800 exploded in mid-air and crashed eight miles south of Long Island, New York. After an investigation that was the largest and most expensive in the history of the National Transportation Safety Boar...

Tetreault v. Reliance Standard Life Ins. Co.  
Date: October 6, 2014
Docket Number: 13-2353

Justia Opinion Summary: Plaintiff received benefits under her employer’s long-term disability benefit plan before the administrator for the long-term disability program determined she was no longer eligible for benefits. The administrator denie...

Solis v. Lorraine Enters., Inc.  
Date: October 1, 2014
Docket Number: 13-1685

Justia Opinion Summary: At issue in this case was a popular restaurant in Puerto Rico owned by Lorraine Enterprises, Inc. The corporation was owned by Defendant Lorraine Lago and her husband. The Secretary of Labor sued the restaurant, Lago, an...

United States v. St. Hill  
Date: October 1, 2014
Docket Number: 13-2097

Justia Opinion Summary: Appellant pled guilty to one count of distributing oxycodone. In sentencing Appellant, the district court found that other uncharged drug sales were relevant to determining Appellant’s guideline sentencing range. On appe...

Foodmark, Inc. v. Alasko Foods, Inc.  
Date: October 1, 2014
Docket Number: 13-2188

Justia Opinion Summary: Alasko Foods, Inc. (“Alasko”), a Canadian corporation that sells frozen produce to retail outlets, and Foodmark, Inc. (“Foodmark”), a Massachusetts corporation that assists food manufacturers in marketing branded-label a...

Capozzi v. United States  
Date: September 30, 2014
Docket Number: 13-1993

Justia Opinion Summary: Petitioner filed a motion for relief pursuant to 28 U.S.C. 2255, alleging that he was denied his Sixth Amendment right to counsel at stages during his criminal proceeding and that he was forced to represent himself at tr...

Mass. Delivery Ass’n v. Coakley  
Date: September 30, 2014
Docket Number: 13-2307

Justia Opinion Summary: The “B Prong” of the Massachusetts Independent Contractor Statute, Mass. Gen. Laws ch. 149, 148B(a)(2), requires that workers perform a service outside the usual course of the employer’s business to be classified as inde...

Ford v. Bender  
Date: September 24, 2014
Docket Number: 12-1622

Justia Opinion Summary: While Plaintiff was imprisoned in the Massachusetts Department of Correction (DOC) he committed misconduct that resulted in an administrative sanction of a ten-year term in the Department Disciplinary Unit (DDU), a segre...

United States v. Bresil  
Date: September 24, 2014
Docket Number: 13-1066

Justia Opinion Summary: Defendant was one of seventeen passengers in an open boat that was intercepted by Coast Guard and Border Patrol officials twenty-three nautical miles off the coast of Puerto Rico. Defendant was subsequently convicted of...

US v. Santiago
Date: September 24, 2014
Docket Number: 13-1146
Valerdi v. Holder, Jr.
Date: September 24, 2014
Docket Number: 13-2117
United States v. Serunjogi  
Date: September 24, 2014
Docket Number: 13-2392

Justia Opinion Summary: Defendant, a native of Uganda, was convicted of conspiring with his friend and countryman, whose permission to remain in the United States had expired, to arrange a sham marriage for his friend in order to secure a chang...

Santana-Concepcion v. Centro Medico del Turabo, Inc.  
Date: September 23, 2014
Docket Number: 12-2013

Justia Opinion Summary: Santana-Concepcion underwent exploratory brain surgery around a “symptomatic arachnoid cyst” during which a neurosurgeon placed a shunt to relieve pressure created by the cyst. Santana-Concepcion, along with her husband...

McLaughlin v. Hagel  
Date: September 23, 2014
Docket Number: 14-1035

Justia Opinion Summary: On October 27, 2011, the McLaughlin Group brought suit against the United States, the Secretary of Defense, the Attorney General, and the Secretary of Veterans Affairs, challenging the constitutionality of Section 3 of t...

Taveras-Duran v. Holder  
Date: September 23, 2014
Docket Number: 14-1073

Justia Opinion Summary: Petitioner, a native and citizen of the Dominican Republic, married a United States citizen and obtained permanent resident status on a conditional basis. After Petitioner and his wife divorced, Petitioner applied for a...

Medina-Velazquez v. Hernandez-Gregorat  
Date: September 17, 2014
Docket Number: 12-2492

Justia Opinion Summary: Appellants, employees of Puerto Rico’s Department of Transportation and Public Works and members of Puerto Rico’s Popular Democratic Party, were relieved of their job responsibilities and lost supervisory authority upon...

Jardin de las Catalinas Ltd. P’ship v. Joyner  
Date: September 12, 2014
Docket Number: 12-1757

Justia Opinion Summary: Plaintiffs, two limited partnerships, each owned an apartment building in Puerto Rico that qualified for low-income housing tax credits. Defendant was the agency responsible for allocating the credits. Plaintiffs and Def...

United States v. Santiago  
Date: September 12, 2014
Docket Number: 13-1146

Justia Opinion Summary: Defendant pleaded guilty to one count of failing to register as a sex offender. The plea agreement contained a waiver of appeal provision, which provided that if the court accepted the agreement and sentenced Defendant a...

Nunes v. Umass Corr. Health  
Date: September 12, 2014
Docket Number: 13-2346

Justia Opinion Summary: Plaintiffs were inmates in the Massachusetts state prison system who suffer from HIV. Plaintiffs sued the Massachusetts Department of Corrections after the Department decided, rather than to provide the inmates with mont...

Guerrero v. Holder  
Date: September 9, 2014
Docket Number: 13-1131

Justia Opinion Summary: Petitioner, a native and citizen of the Dominican Republic, was physically removed from the United States to the Dominican Republic in 2002 after he received two state convictions with immigration consequences. In 2006,...

United States v. Tiru-Plaza  
Date: September 9, 2014
Docket Number: 13-1888

Justia Opinion Summary: Officers from the Puerto Rico Police Department stopped a vehicle in which Defendant was a passenger for a traffic infraction. Suspecting that the car may have been stolen, the officers asked the driver to exit the vehic...

Ruivo v. Wells Fargo Bank, N.A.  
Date: September 8, 2014
Docket Number: 13-1222

Justia Opinion Summary: Plaintiff’s property was subject to a mortgage. Plaintiff discussed refinancing with a predecessor in interest to Wells Fargo Bank, N.A., as well as a mortgage broker and his firm, whom Plaintiff referred to as “agents”...

US v. Wright
Date: September 8, 2014
Docket Number: 13-1289
Debnam v. FedEx Home Delivery  
Date: September 8, 2014
Docket Number: 13-2335

Justia Opinion Summary: Plaintiff, who had signed an agreement with FedEx classifying him as an independent contractor, filed two claims under Massachusetts law that apply only to employees. The district court dismissed Plaintiff’s claim that F...

Pollard v. Law Office of Mandy L. Spaulding  
Date: September 8, 2014
Docket Number: 13-2478

Justia Opinion Summary: Section 1692g(b) of the Fair Debt Collection Practices Act (FDCPA) requires that a debt collector’s collection activities and communications “not overshadow or be inconsistent with the disclosure of the consumer’s right...

US v. Gonyer
Date: September 5, 2014
Docket Number: 13-1701
Shul-Navarro v. Holder
Date: September 5, 2014
Docket Number: 13-2271
Dunn v. Trustees of Boston University
Date: September 5, 2014
Docket Number: 13-2272
Moushigian v. Marderosian  
Date: September 3, 2014
Docket Number: 13-2295

Justia Opinion Summary: Appellant sued Appellees in Massachusetts state court, asserting claims for, inter alia, embezzlement and fraud. Appellees subsequently filed for bankruptcy, and the state court stayed Appellant’s action. The bankruptcy...

Collazo-Rosado v. Univ. of P.R.  
Date: September 2, 2014
Docket Number: 13-1641

Justia Opinion Summary: Plaintiff, who suffered from Crohn’s disease, brought suit against the University of Puerto Rico, her former employer, and Marisol Gomez-Mouakad (Gomez), her former supervisor, alleging that the defendants did not renew...

Universal Truck & Equip. Co. v. Southworth-Milton, Inc.  
Date: September 2, 2014
Docket Number: 13-2070

Justia Opinion Summary: Plaintiffs, citizens of Rhode Island, brought state law contract claims against Defendants, alleging, among other claims, breach of an oral contract. After the Rhode Island state court dismissed the only non-diverse defe...

Ahmed v. Holder  
Date: September 2, 2014
Docket Number: 13-2254

Justia Opinion Summary: Petitioner, a Somalian national, was charged with removability as an alien present without having been admitted or paroled after inspection. Petitioner filed a second application, the first of which was deemed abandoned,...

Healey v. Dennehy  
Date: August 27, 2014
Docket Numbers: 13-1610, 13-1604, 13-1546

Justia Opinion Summary: Jeffrey Healey and Edward Given, residents of the Massachusetts Treatment Center, were each civilly committed as a sexually dangerous person. Plaintiffs brought separate suits, which were later consolidated, challenging...

Given v. Dennehy
Date: August 27, 2014
Docket Number: 13-1604
Healey v. Dennehy
Date: August 27, 2014
Docket Number: 13-1610
Town of Johnston v. Fed. Housing Fin. Agency  
Date: August 27, 2014
Docket Numbers: 13-2116, 13-2034

Justia Opinion Summary: The states of Massachusetts and Rhode Island each tax the transfer of real estate. In separate actions, the Town of Johnston, Rhode Island and the Commissioners of Bristol County, Massachusetts (the municipalities) broug...

Commissioners of Bristol v. Federal Home Loan Mortgage
Date: August 27, 2014
Docket Number: 13-2116
Scoggins v. Hall  
Date: August 26, 2014
Docket Number: 12-2338

Justia Opinion Summary: After a jury trial in 1998, Petitioner was convicted iof first-degree murder and sentenced to life imprisonment. This appeal concerned Petitioner’s petition for habeas relief in which Petitioner sought to invalidate his...

Luitgaren v. Sun Life Assurance Co. of Canada  
Date: August 26, 2014
Docket Number: 13-2090

Justia Opinion Summary: At issue in this case was the fiduciary implications of a life insurance company’s decision to pay benefits through a retained asset account (RAA) that allows the insurance company to invest the retained assets for its o...

United States v. Arthur  
Date: August 22, 2014
Docket Number: 13-1892

Justia Opinion Summary: A Boston police officer spotted two men, including Appellant, matching the general description of culprits who had recently robbed a cell phone store. The officer stopped the men and questioned them. During the conversat...

First Am. Title Ins. Co. v. Lane Powell PC  
Date: August 22, 2014
Docket Number: 13-2012

Justia Opinion Summary: Defendant, a law firm, contracted with Plaintiff for Plaintiff to provide title insurance on two mortgages that Defendant took as security from a client indebted to Defendant. Upon foreclosure of liens that were superior...

Penn v. Escorsio  
Date: August 22, 2014
Docket Number: 13-2309

Justia Opinion Summary: Defendants worked as corrections officers at a jail where Matthew Lalli was being held as a pre-trial detainee. Defendants were involved in a series of troubling events that led to Lalli’s attempted, and almost completed...

Thompson v. Miles  
Date: August 20, 2014
Docket Numbers: 13-1121, 13-1120

Justia Opinion Summary: In 2008, Plaintiff purchased a home in Bar Harbor, Maine from Defendants for $2.9 million. After his purchase, Plaintiff spent in excess of $1.5 million in repairs to the property. Plaintiff brought suit against Defendan...

Thompson v. Miles
Date: August 20, 2014
Docket Number: 13-1121
Dinan v. Alpha Networks, Inc.  
Date: August 20, 2014
Docket Number: 13-1976

Justia Opinion Summary: From 2005 to 2010, Plaintiff, a Maine resident, worked as a salesman for Alpha Networks, which was based in California, pursuant to a written employment agreement. Plaintiff left Alpha having received no commissions on h...

Locke v. US Airways, Inc.  
Date: August 20, 2014
Docket Number: 13-2330

Justia Opinion Summary: Police officers discovered Thomas Locke, a US Airways mechanic at Logan International Airport, filching company property. US Airways entered into a “Last Chance Agreement” with Locke in lieu of termination and provided f...

United States v. Vizcarrondo-Casanova  
Date: August 18, 2014
Docket Numbers: 12-2119, 12-2239, 12-1627

Justia Opinion Summary: The three defendants in this appeal - Jose Vizcarrondo-Casanova, Carlos Aponte-Sobrado, and Erik Diaz-Colon - were convicted of crimes related to the kidnapping, robbery, and homicide of Elis Manuel Andrades-Telleria, a...

US v. Diaz-Colon
Date: August 18, 2014
Docket Number: 12-2119
US v. Aponte-Sobrado
Date: August 18, 2014
Docket Number: 12-2239
United States v. Davila-Felix  
Date: August 18, 2014
Docket Number: 13-1225

Justia Opinion Summary: After a jury trial, Appellant was convicted of robbing a bank using force and intimidation (Count One) and of carrying and brandishing and firearm to commit that robbery (Count Two). The district court imposed a mandator...

Gross v. Sun Life Assurance Co. of Canada  
Date: August 14, 2014
Docket Number: 12-1175

Justia Opinion Summary: In a previous decision of an appeal of a case brought under the Employees Retirement Income Security Act of 1974, the First Circuit Court of Appeals agreed with Plaintiff that the First Circuit should not longer apply th...

United States v. Ramos  
Date: August 13, 2014
Docket Number: 12-1801

Justia Opinion Summary: Defendant and three co-defendants were recorded on three different videos engaging in sex acts with a fourteen-year-old girl. Defendant was subsequently charged with aiding and abetting the production of child pornograph...

Fresenius Med. Care Holdings, Inc. v. United States  
Date: August 13, 2014
Docket Number: 13-2144

Justia Opinion Summary: In 1995, a number of government agencies opened investigations into the dealings of Fresenius Medical Care Holdings, Inc. with various federally funded health-care programs. In 2000, Fresenius entered into a series of cr...

US v. Liriano
Date: August 11, 2014
Docket Number: 12-1780
Aldana Ramos v. Holder, Jr.
Date: August 11, 2014
Docket Number: 13-2022
Shul-Navarro v. Holder  
Date: August 11, 2014
Docket Number: 13-2271

Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, submitted an application for “temporary protected status,” which affords aliens protection from removal from the United States upon a determination that conditions in the...

Millay v. State of Maine Dep’t of Labor  
Date: August 11, 2014
Docket Number: 14-1134

Justia Opinion Summary: Plaintiff, who was blind, requested transportation subsidies from a Maine state agency. The agency refused the request. After an unsuccessful appeal to an administrative hearing officer, Plaintiff brought suit in the fed...

United States v. Martinez  
Date: August 6, 2014
Docket Number: 12-2219

Justia Opinion Summary: Defendant was indicted for being a felon in possession of a firearm that had traveled in interstate commerce. Defendant moved to suppress the firearm, arguing that the officers who frisked him had no reasonable suspicion...

US v. Del Valle-Rodriguez
Date: August 6, 2014
Docket Number: 13-1858
MAZ Partners LP v. PHC, Inc.  
Date: August 6, 2014
Docket Number: 13-2273

Justia Opinion Summary: Plaintiffs, holders of PHC, Inc. stock, filed separate but similar class actions suits in Massachusetts, alleging that an announced merger between PHC and Acadia Healthcare Company, Inc. was the result of an unfair proce...

United States v. Rivera-Rodriguez  
Date: August 4, 2014
Docket Numbers: 11-1689, 11-1744

Justia Opinion Summary: Defendants Rivera-Rodriquez and Mercado-Cruz appealed their convictions and sentences on drug possession and distribution charges. The court affirmed Mercado-Cruz's conviction and sentence. However, the court vacated Riv...

US v. Mercado-Cruz
Date: August 4, 2014
Docket Number: 11-1744
Ramirez-Lluveras v. Rivera-Merced
Date: August 4, 2014
Docket Number: 11-2339
United States v. Liriano  
Date: August 4, 2014
Docket Number: 12-1780

Justia Opinion Summary: Defendant appealed his conviction for conspiracy to possess with intent to distribute a controlled substance. The court concluded that the evidence was sufficient to convict defendant of the conspiracy; the two statement...

Ramirez-Lluveras v. Rivera-Merced
Date: August 4, 2014
Docket Number: 13-1169
United States v. DiRosa  
Date: August 4, 2014
Docket Number: 13-1643

Justia Opinion Summary: Defendant appealed his sentence and conviction for wire fraud. The court concluded that there was more than sufficient evidence from which a jury could have reasonably concluded that the government proved all of the esse...

United States v. Gonyer  
Date: August 4, 2014
Docket Number: 13-1701

Justia Opinion Summary: Defendant appealed his conviction and sentence for three counts of sexual exploitation of a child and one count of possession of child pornography. The court concluded that the sexual abuse evidence at issue was admissib...

United States v. Del Valle-Rodriguez  
Date: August 4, 2014
Docket Number: 13-1858

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to taking a motor vehicle by force, violence, and intimidation with the intent to cause death or serious bodily harm. The court concluded that defendant's upward vari...

Pinpoint IT Services, LLC v. Atlas IT Export, Corp.  
Date: August 4, 2014
Docket Number: 13-9003

Justia Opinion Summary: Pinpoint and Atlas filed federal court actions against each other based on a 2009 contract between them. Two months after answering and counterclaiming Pinpoint in the Virginia action, Atlas filed for bankruptcy under Ch...

McGrath v. Tavares, et al.  
Date: August 1, 2014
Docket Number: 12-2277

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that police officers used excessive force when they shot and killed her sixteen-year-old son (Anthony). The district court granted the police officers' motion for summa...

Garcia-Gonzalez v. Puig-Morales  
Date: August 1, 2014
Docket Number: 12-2357

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging First and Fourteenth Amendment violations concerning the rescission of a bid award for a potential, but unexecuted, insurance brokerage contract with the Puerto Rico go...

Sugiarto, et al. v. Holder, Jr.  
Date: August 1, 2014
Docket Number: 13-2085

Justia Opinion Summary: Petitioner, an Indonesian citizen, unsuccessfully applied for asylum eight years ago and now seeks to reopen that earlier request. The court concluded that petitioner failed to show changed country conditions - the thres...

United States v. George  
Date: July 30, 2014
Docket Number: 12-2373

Justia Opinion Summary: Robert George, a criminal-lawyer-turned-criminal, was convicted of money-laundering conspiracy, aiding and abetting money laundering, money laundering, and structuring financial transactions to avoid reporting them. Foll...

Bedoya Lopez de Zea v. Holder  
Date: July 30, 2014
Docket Number: 13-2059

Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, came to the United States on a tourist visa and later conceded removability. Petitioner sought relief, including withholding of removal, claiming that she had a problem in G...

Perez v. Holder  
Date: July 30, 2014
Docket Number: 13-2223

Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, filed applications for asylum, withholding of removal, and protection under the Convention Against Torture. An Immigration Judge (IJ) denied relief, and the Board of Immig...

Dunn v. Trs. of Boston Univ.  
Date: July 30, 2014
Docket Number: 13-2272

Justia Opinion Summary: Michael Dunn worked for Boston University (BU) from 1992 until 2010, at which time Dunn’s job was allegedly eliminated due to restructuring. Dunn brought suit against BU in Massachusetts superior court, claiming age disc...

Duque-Caceres v. Holder
Date: July 29, 2014
Docket Number: 13-1246
Plaintiff v. Defendant  
Date: July 29, 2014
Docket Number: 13-1476

Justia Opinion Summary: Attorney Valeriano Diviacchi represented Camilla Warrender in an action brought against Warrender by her mortgagee, Sovereign Bank, which sought to collect on a loan secured by certain real property. Shortly after Diviac...

Guerra-Marchorro v. Holder  
Date: July 29, 2014
Docket Number: 13-1922

Justia Opinion Summary: Petitioner, a citizen of Guatemala, applied for asylum and withholding of removal, claiming that he left for the United States because he feared a gang would kill him. An Immigration Judge (IJ) denied the application. Th...

Lamim v. Holder  
Date: July 29, 2014
Docket Number: 13-2451

Justia Opinion Summary: Petitioner, a native and citizen of Brazil, entered the United States on a tourist visa in 2011. Petitioner married a United States citizen in 2004, at which point he was granted conditional permanent resident status. Pe...

Shanley v. Cadle
Date: July 28, 2014
Docket Number: 13-1507
Martel v. Cadle
Date: July 28, 2014
Docket Number: 13-1510
United States v. Ulloa  
Date: July 28, 2014
Docket Number: 13-1577

Justia Opinion Summary: After a jury trial, Appellant, who provided tax preparation and filing services, was convicted of ten counts of submitting fraudulent federal tax returns to the Internal Revenue Service (IRS). The First Circuit affirmed,...

Ramirez v. Carolina Dream, Inc.  
Date: July 28, 2014
Docket Number: 13-2109

Justia Opinion Summary: Appellant, a seaman, was diagnosed with aplastic anemia, a blood condition that preventing him from continuing to work. Appellant brought a personal injury action against his employer, alleging negligence under the Jones...

Ordonez-Quino v. Holder  
Date: July 23, 2014
Docket Number: 13-1215

Justia Opinion Summary: Petitioner, a native of Guatemala and an indigenous Mayan Quiche, entered the United States without inspection. After Petitioner was charged with removability, Petitioner filed requests for asylum, withholding of removal...

United States v. Suarez-Gonzalez  
Date: July 23, 2014
Docket Numbers: 13-1594, 13-1597

Justia Opinion Summary: Appellant pleaded guilty to 126 counts, spread over two separate indictments, of aiding and abetting others in stealing or knowingly converting postal money orders from the United States Postal Service (USPS). The distri...

US v. Suarez-Gonzalez
Date: July 23, 2014
Docket Number: 13-1597
Cooper v. Charter Cmmc’ns Ents. I, LLC  
Date: July 23, 2014
Docket Number: 13-1726

Justia Opinion Summary: Plaintiffs were four customers who purchased cable television, internet, or telephone services from Charter Communications Entertainment I, LLC and Charter Communications, Inc. (together, Charter). After a severe snow st...

Cooper v. Charter Communications
Date: July 23, 2014
Docket Number: 13-1736
Giuffre v. Deutsche Bank National Trust C
Date: July 23, 2014
Docket Number: 13-2222
Giuffre v. Deutsche Bank Nat’l Trust Co.  
Date: July 17, 2014
Docket Number: 13-2222

Justia Opinion Summary: Plaintiff alleged that he was the victim of a fraudulent scheme in which he allowed an attorney to take title to his home and strip it of its equity by granting a new mortgage. Plaintiff filed suit against the mortgagee...

United States v. Rodriguez  
Date: July 16, 2014
Docket Number: 13-1805

Justia Opinion Summary: After a jury trial, Defendant was convicted on three counts of distributing cocaine base. During trial, the court allowed testimony from a cooperating witness who purchased cocaine base from Defendant on three occasions,...

Merit Constr. Alliance v. City of Quincy  
Date: July 16, 2014
Docket Number: 13-2189

Justia Opinion Summary: The City of Quincy passed an ordinance demanding that bidders on municipal public works projects engage in a specific type of apprentice training program. Plaintiffs, a trade association of construction companies and two...

US v. Lucena-Rivera
Date: July 15, 2014
Docket Number: 12-2200
Vazquez-Rivera v. Figueroa  
Date: July 15, 2014
Docket Number: 12-2439

Justia Opinion Summary: Plaintiff filed a complaint against his employer, the U.S. Army, alleging that his direct supervisor harassed and discriminated against him on account of his disability. The Army dismissed the complaint as untimely, and...

Lin v. Holder, Jr.
Date: July 15, 2014
Docket Number: 13-1820
Jaquez v. Holder  
Date: July 15, 2014
Docket Number: 13-2186

Justia Opinion Summary: Petitioner filed an application for adjustment of immigration status. An Immigration Judge (IJ) denied Petitioner’s application on the basis of numerous child abuse/neglect reports, as well as a criminal charge, and orde...

Ramirez-Lluveras v. Rivera-Merced  
Date: July 14, 2014
Docket Numbers: 13-1169, 11-2339

Justia Opinion Summary: A civilian was shot without justification by an on-duty police officer, Javier Pagan-Cruz. Plaintiffs, the victim’s family, filed suit under 42 U.S.C. 1983 against Pagan, his two on-scene colleagues, and five supervisors...

Lin v. Holder  
Date: July 14, 2014
Docket Number: 12-2134

Justia Opinion Summary: Petitioner, a citizen of China then still in China, married an American citizen. Two years later, Petitioner entered the United States and was granted conditional permanent resident status on the basis of her marriage. P...

Ramirez-Lluveras v. Rivera-Merced
Date: July 14, 2014
Docket Number: 13-1169
Friends of Merrymeeting Bay v. Hydro Kennebec, LLC  
Date: July 14, 2014
Docket Numbers: 13-1220, 13-1750

Justia Opinion Summary: Plaintiffs, two conservation groups, brought two citizen enforcement suits alleging that endangered fish pass through the turbines of four hydroelectric dams operated by Defendants on the Kennebec River, resulting in inj...

Xiao v. Holder
Date: July 14, 2014
Docket Number: 13-1357
Cerrato-Marquez v. Holder, Jr.
Date: July 14, 2014
Docket Number: 13-1458
Friends of Merrymeeting Bay v. The Merimil Limited Partnershi
Date: July 14, 2014
Docket Number: 13-1750
Moura v. Holder  
Date: July 14, 2014
Docket Number: 13-2046

Justia Opinion Summary: Petitioner, a native and citizen of Brazil, was charged with being unlawfully present in the United States. Petitioner conceded removability and applied for withholding of removal and other forms of relief, claiming that...

Kaufmann v. Holder  
Date: July 14, 2014
Docket Number: 13-2432

Justia Opinion Summary: Petitioner, a native of Germany, lawfully entered the United States in 1959. In 2004, Petitioner pleaded guilty to possession of child pornography under Connecticut law. The Board of Immigration Appeals (BIA) later concl...

US v. Guzman-Montanez
Date: July 10, 2014
Docket Number: 13-1070
De Abarca v. Holder  
Date: July 10, 2014
Docket Number: 13-1081

Justia Opinion Summary: Petitioner, a citizen of El Salvador, entered the United States without being admitted or paroled. The next year, Petitioner was detained after an Immigration and Customs Enforcement raid at her place of employment. Peti...

Vazquez-Robles v. CommoLoCo, Inc.
Date: July 10, 2014
Docket Number: 13-1384
Hidalgo-Velez v. San Juan Asset Mgmt., Inc.  
Date: July 10, 2014
Docket Number: 13-1574

Justia Opinion Summary: At issue in this case was whether alleged misrepresentations made by Defendants were made “in connection with” a transaction in covered securities under the Securities Litigation Uniform Standards Act of 1998 (SLUSA). Pl...

Lima v. Holder
Date: July 10, 2014
Docket Number: 13-1583
Hansen v. Sentry Insurance Company
Date: July 10, 2014
Docket Number: 13-1940
Lima v. Holder  
Date: July 8, 2014
Docket Number: 13-1583

Justia Opinion Summary: Petitioner, a native and citizen of Brazil, was charged with removability for being convicted, after his admission into the United States, of two crimes involving moral turpitude. The crimes were committed in 2009 and 20...

Schussel v. Werfel  
Date: July 8, 2014
Docket Number: 13-1717

Justia Opinion Summary: George Schussel’s former company fraudulently transferred millions of dollars to him in order to avoid paying income taxes. The IRS, which is authorized by statute to collect a person’s tax debt by reclaiming assets the...

Mawa v. Holder
Date: July 7, 2014
Docket Number: 13-1179
United States v. Rojas  
Date: July 7, 2014
Docket Number: 13-1352

Justia Opinion Summary: After a jury trial, Appellant was convicted of distributing cocaine. On appeal, Appellant argued that two instances of prosecutorial misconduct deprived him of a fair trial. The First Circuit affirmed the conviction, hol...

Monsalve v. Holder, Jr.
Date: July 7, 2014
Docket Number: 13-1721
Lakin v. Barnhart  
Date: July 7, 2014
Docket Numbers: 13-2210, 13-2211

Justia Opinion Summary: The Maine State Prison has a longstanding practice of issuing footlockers with padlocks to most inmates. Appellants, inmates in the Prison, were each seriously injured in assaults by other inmates who used prison-issued...

Landry v. Barnhart
Date: July 7, 2014
Docket Number: 13-2211
US v. Rogers
Date: July 2, 2014
Docket Number: 12-1639
Alliu v. Holder, Jr.
Date: July 2, 2014
Docket Number: 13-1443
US v. Arnott  
Date: July 2, 2014
Docket Number: 13-1881

Justia Opinion Summary: In 2011, agents intercepted a call between James Brichetto and a potential customer, Michael Leavitt, in which Leavitt sought to purchase approximately 100 oxycodone pills. Brichetto asked whether Leavitt was with someon...

Shah v. Holder  
Date: July 2, 2014
Docket Number: 13-1905

Justia Opinion Summary: Petitioner Ali Shah entered the country in 2002. His removal proceedings lasted for well over ten years. He had the benefit of two de novo hearings before two different IJs, and his appeals were considered by the BIA on...

Merrimon, et al v. Unum Life Insurance Company  
Date: July 2, 2014
Docket Number: 13-2128

Justia Opinion Summary: Plaintiffs challenged an insurance company's use of "retained asset accounts" (RAAs) as a method of paying life insurance benefits in the ERISA context. They presented the district court with two basic questions: (1) whe...

Merrimon v. Unum Life Insurance Company
Date: July 2, 2014
Docket Number: 13-2168
Vazquez-Robles v. CommoLoco, Inc.  
Date: June 27, 2014
Docket Number: 13-1384

Justia Opinion Summary: Maribel Vazquez-Robles (Plaintiff) commenced a civil action in a federal district court against CommoLoCo, Inc. (Defendant), her former employer, alleging workplace discrimination claims. Plaintiff served the summons and...

Me. Ass’n of Retirees v. Bd. of Trustees  
Date: June 27, 2014
Docket Number: 13-1933

Justia Opinion Summary: In 2011, the Maine Legislature made certain amendments to Maine’s public employee retirement system. In general, the retired Maine employees stood to be paid significantly less cost-of-living adjustments as a result of t...

Aldana-Ramos v. Holder  
Date: June 27, 2014
Docket Number: 13-2022

Justia Opinion Summary: Petitioners were brothers and natives and citizens of Guatemala. While they lived in Guatemala, their father was kidnapped and murdered by the family of a business associate. Petitioners had paid a ransom to the kidnappe...

Snyder v. Collura  
Date: June 25, 2014
Docket Number: 12-1422

Justia Opinion Summary: Robert Snyder operated a business in a building that he owned in the city of Waltham, Massachusetts. After Snyder fired an employee who served as a member of the Waltham city council, the former employee complained to th...

United States v. Kenney  
Date: June 25, 2014
Docket Number: 12-2451

Justia Opinion Summary: Appellant was charged with conspiracy to possess with intent to distribute, conspiracy to commit robbery affecting interstate commerce, and felon in possession of a firearm. Appellant subsequently pleaded guilty to all c...

Hansen v. Sentry Ins. Co.  
Date: June 25, 2014
Docket Number: 13-1940

Justia Opinion Summary: Mark Hansen was a former vice president of Wilcox Industries Corp. After Hansen left Wilcox, he founded his own company, Advanced Life Support Technologies. Wilcox filed a complaint against Hansen, alleging that Hansen s...

Mejia v. Holder  
Date: June 25, 2014
Docket Number: 13-2202

Justia Opinion Summary: In 1999, Petitioner admitted to a single count of shoplifting in Massachusetts state court. In 2012, Petitioner admitted to an amended charge of larceny by inducement. The following year, Petitioner was charged with remo...

deBenedictis v. Brady-Zell  
Date: June 25, 2014
Docket Number: 13-9014

Justia Opinion Summary: After an Attorney’s representation of the Debtor in this current action ended, the Debtor was left owing the Attorney $62,000. The Debtor later filed petition for bankruptcy protection and listed the amount owing to the...

Iantosca v. Benistar Administrative Servic
Date: June 20, 2014
Docket Number: 12-1690
Carrero-Ojeda v. Autoridad de Energia Electrica  
Date: June 20, 2014
Docket Number: 12-2133

Justia Opinion Summary: When an investigation was initiated into corruption at the Puerto Rico Electrical Power Authority’s (PREPA) Aguadilla Technical Office, Plaintiff, an employee of PREPA at the Aguadilla Technical Office, testified and pro...

Ortiz-Graulau v. United States  
Date: June 20, 2014
Docket Number: 12-2188

Justia Opinion Summary: After a jury trial in federal district court, Petitioner was convicted of child pornography and sentenced to 180 months’ imprisonment. The First Circuit Court of Appeals affirmed Petitioner’s conviction and sentence. Pet...

Alejandro-Ortiz v. P.R. Elec. Power Auth.  
Date: June 20, 2014
Docket Number: 12-2450

Justia Opinion Summary: Orlando Alejandro-Ortiz (Alejandro) was injured by an electric shock during an encounter with a power line owned by Puerto Rico Electric Power Authority (PREPA). Alejandro and his wife, Sonia Rodriguez-Jimenez (Rodriguez...

Hensley v. Roden  
Date: June 20, 2014
Docket Number: 13-1147

Justia Opinion Summary: After a jury trial in Massachusetts state court, Appellant was convicted of the first-degree murder of his estranged wife under both the theory of deliberate premeditation and extreme atrocity or cruelty. The Massachuset...

Gambino v. Alfonso
Date: June 20, 2014
Docket Number: 13-1468
Gambino v. Alfonso
Date: June 20, 2014
Docket Number: 13-1547
Hicks v. Napolitano  
Date: June 20, 2014
Docket Number: 13-1741

Justia Opinion Summary: Plaintiff, an African-American woman who was serving in the United States Coast Guard Housing Office at Air Station Cape Cod, filed an employment discrimination action against the Secretary of Homeland Security, assertin...

Iantosca v. Benistar Administrative Servic
Date: June 20, 2014
Docket Number: 13-1819
Rodriguez-Cordero v. Centro de Salud de Lares, Inc.
Date: June 20, 2014
Docket Number: 13-2199
Universal Ins. Co. v. Office of the Ins. Comm’r  
Date: June 19, 2014
Docket Number: 12-2455

Justia Opinion Summary: In this insurance coverage dispute, the driver involved in an accident filed a claim with the Insurer of the other vehicle involved in the accident. The Insurer denied the claim. The Office of the Insurance Commissioner...

CE Design, Ltd. v. Am. Economy Ins. Co.  
Date: June 19, 2014
Docket Number: 13-1080

Justia Opinion Summary: Plaintiff filed a class action suit in an Illinois circuit court against Ernida, LLC alleging that Ernida had faxed unsolicited advertisements to Plaintiff and more than thirty-nine other recipients without first obtaini...

Reyes-Perez v. State Ins. Fund Corp.  
Date: June 19, 2014
Docket Number: 13-1375

Justia Opinion Summary: When control of the Puerto Rican government changes parties, the political party assuming office often terminates the employment of public employees affiliated with the party going out of power and fills the vacancies wi...

Cascade Yarns, Inc. v. Knitting Fever, Inc.  
Date: June 19, 2014
Docket Number: 13-2302

Justia Opinion Summary: Cascade Yarns, Inc. (“Cascade”) sued Knitting Fever, Inc. (“KFI”) in federal district court in Washington asserting that KFI made false representations about the cashmere content of its yarns. During discovery, Cascade s...

Thayer v. City of Worcester  
Date: June 19, 2014
Docket Number: 13-2355

Justia Opinion Summary: In 2013, the City of Worcester, Massachusetts adopted the Aggressive Panhandling Ordinance and the Pedestrian Safety Ordinance, which prohibited coercive or risky behavior by panhandlers, other solicitors, and demonstrat...

United States v. Merritt  
Date: June 16, 2014
Docket Numbers: 13-1622, 12-2111

Justia Opinion Summary: This case arose from the misconduct of Annie Dookhan, a chemist at a Massachusetts state testing laboratory, who falsely certified drug testing results. Appellant was indicted for possession of crack cocaine with intent...

Ortega-Candelaria v. Johnson & Johnson  
Date: June 16, 2014
Docket Number: 13-1564

Justia Opinion Summary: Plaintiff received coverage under Johnson & Johnson’s Long-Term Disability Plan while working for a subsidiary of Johnson & Johnson. Later, Johnson & Johnson and Medical Card System, Inc. (together, Appellees) terminated...

US v. Merritt
Date: June 16, 2014
Docket Number: 13-1622
Grapentine v. Pawtucket Credit Union  
Date: June 16, 2014
Docket Number: 13-1897

Justia Opinion Summary: Appellant entered into a mortgage contract with Pawtucket Credit Union (PCU) for the purchase of real property in Rhode Island. The mortgage agreement included a private contractual remedy, authorized by R. I. Gen. Laws...

United States v. Guzman-Montanez  
Date: June 13, 2014
Docket Number: 13-1070

Justia Opinion Summary: After a jury trial, Defendant was convicted for being a felon in possession of a firearm and for possession of a firearm in a school zone. Defendant was sentenced to sixty months imprisonment on both counts. The First Ci...

United States v. Aponte-Vellon  
Date: June 13, 2014
Docket Number: 13-1302

Justia Opinion Summary: Appellant pled guilty to robbery and brandishing a firearm during a robbery and was sentenced to prison sentences of seventy-two months and eighty-four months, to be served consecutively. Following the imposition of sent...

Zullo v. Lombardo  
Date: June 13, 2014
Docket Number: 13-9004

Justia Opinion Summary: John Zullo paid David Lombardo to perform work in Zullo’s house. Lombardo, however, had misrepresented his credentials, and Zullo incurred additional expense to have the inadequate work fixed. Zullo subsequently obtained...

Hilton v. Kerry  
Date: June 12, 2014
Docket Number: 13-2444

Justia Opinion Summary: The United States sought extradition of Alexander Hilton, a U.S. citizen, to face an attempted murder charge in Scotland. A magistrate judge found Hilton extraditable despite Hilton’s arguments that extradition would inc...

US v. Perez-Crespo
Date: June 11, 2014
Docket Number: 13-1906
Packgen v. BP Exploration & Prod., Inc.  
Date: June 11, 2014
Docket Number: 13-2035

Justia Opinion Summary: After an oil drilling rig owned by BP Exploration & Production, Inc. and BP America Production Company (collectively, BP) sank of the Gulf Coast of Louisiana and caused a massive oil spill, Packagen, a manufacturer of pa...

Graf v. Hospitality Mut. Ins. Co.  
Date: June 11, 2014
Docket Number: 13-2167

Justia Opinion Summary: Katie Graf was injured on the premises of Fat Cat Bar & Grill. Graf was awarded $500,000 in damages and $111,124 in prejudgment interest against Torcia & Sons, Inc, the owner of Fat Cat. Torcia was insured by Hospitality...

Bryceland v. Minogue
Date: June 10, 2014
Docket Number: 13-1914
Genereux v. Raytheon Co.  
Date: June 10, 2014
Docket Number: 13-1921

Justia Opinion Summary: Plaintiffs filed a putative class action in the United States District Court for the District of Massachusetts, invoking federal diversity jurisdiction, alleging that Defendant, Raytheon Company, negligently exposed Plai...

Montano v. Morales-Ramirez
Date: June 10, 2014
Docket Number: 13-2324
Sanchez-Londono v. Gonzalez  
Date: June 10, 2014
Docket Number: 13-2531

Justia Opinion Summary: Mother, a citizen of Colombia who entered the United States illegally, and Father, a naturalized U.S. citizen, married and had a daughter, E.G., born in Massachusetts. When E.G. was two years old Mother and E.G. moved to...

Deka Int'l S.A. Luxemborg v. Genzyme Corp.
Date: June 9, 2014
Docket Number: 13-1085
Degiacomo v. Traverse
Date: June 9, 2014
Docket Number: 13-9002
Deka Int'l S.A. Luxembourg v. Genzyme Corp.  
Date: June 5, 2014
Docket Number: 13-1085

Justia Opinion Summary: Plaintiffs, a class of investors, brought a securities fraud action against Genzyme Corporation, an international pharmaceutical company, and several of Genzyme’s executives, alleging that Defendants violated the Securit...

Metro. Prop. & Cas. Ins. Co. v. McCarthy  
Date: June 5, 2014
Docket Number: 13-1809

Justia Opinion Summary: The lawsuit underlying this action alleged that Glynis McCormack’s ward sexually and physically abused a younger boy. In this declaratory judgment action, the district court ruled that Metropolitan Property and Casualty...

Dias v. Verizon New England, Inc.
Date: June 5, 2014
Docket Number: 13-1836
United States v. Marshall  
Date: June 4, 2014
Docket Number: 12-2441

Justia Opinion Summary: Appellant had worked for twenty-six years with the United States Postal Service as a letter carrier when he was charged with obstructing the mails in violation of 18 U.S.C. 1701. The statute provides that a defendant who...

Cady v. Cumberland County Jail  
Date: June 4, 2014
Docket Number: 13-2040

Justia Opinion Summary: Corizon, Inc. was a private independent contractor that provided healthcare services to inmates at Cumberland County Jail (CCJ) under a contract with the jail. After Paul Galambos, died from self-inflicted injuries that...

United States v. Sevilla-Oyola  
Date: June 3, 2014
Docket Numbers: 12-1463, 12-1264

Justia Opinion Summary: Appellant pleaded guilty to two counts related to his involvement in a drug ring. After a plea colloquy, the district judge sentenced Appellant to 327 months on count one and life imprisonment on count two, to run consec...

US v. Sevilla-Oyola
Date: June 3, 2014
Docket Number: 12-1463
OMJ Pharms., Inc. v. United States  
Date: June 3, 2014
Docket Number: 13-1008

Justia Opinion Summary: At issue in this appeal was a tax credit that offset federal tax owed on income earned in the operation of a business in Puerto Rico. The credit remained available to taxpayers under section 936 of the Internal Revenue C...

Wilkins v. United States  
Date: June 3, 2014
Docket Number: 13-1637

Justia Opinion Summary: In 2011, drugs found in Appellant’s possession were sent to a Massachusetts testing laboratory, where Annie Dookhan, a chemist, certified that the drugs were crack cocaine. Appellant was subsequently indicted in federal...

Abdallah v. Bain Capital, LLC  
Date: June 3, 2014
Docket Number: 13-2008

Justia Opinion Summary: Plaintiff worked in a luggage factory in France that was owned by Samsonite. Samsonite was controlled by an investment group led by Bain Capital, LLC. Bain wanted to shut down the factory, and to avoid paying millions of...

Sanchez v. Roden  
Date: May 28, 2014
Docket Number: 13-1394

Justia Opinion Summary: After a jury trial, Petitioner was found guilty of second degree murder and unlawful possession of a firearm. Petitioner appealed his conviction, contending that the Commonwealth used its peremptory challenges to exclude...

United States v. Robinson  
Date: May 27, 2014
Docket Numbers: 12-2349, 12-2336

Justia Opinion Summary: Defendant was charged with several drug trafficking crimes. Defendant engaged in several pre-trial antics in an apparent effort to put off the trial, including seeking continuances of the trial and ostensibly firing his...

US v. Robinson
Date: May 27, 2014
Docket Number: 12-2349
Mills v. U.S. Bank N.A.  
Date: May 27, 2014
Docket Number: 13-1907

Justia Opinion Summary: In 2006, Plaintiff refinanced her home in Massachusetts. The mortgage contract identified MortgageIT as the lender and Mortgage Electronic Registration Systems (MERS) as the mortgagee. MortgageIT sold Plaintiff’s note, w...

Feingold v. John Hancock Life Ins. Co.  
Date: May 27, 2014
Docket Number: 13-2151

Justia Opinion Summary: Richard Feingold’s mother purchased a life insurance policy from an Insurer listing her husband as the only beneficiary. Feingold's mother died in 2006. In 2012, Richard informed Insurer of his mother's death. The Insure...

United States v. Burdulis  
Date: May 23, 2014
Docket Number: 12-1896

Justia Opinion Summary: Defendant was prosecuted in federal court for possession of child pornography, in violation of 18 U.S.C. 2252(a)(4)(B), after police officers took several digital devices from his home, including a thumb drive that conta...

United States v. Diaz-Castro  
Date: May 23, 2014
Docket Number: 12-2038

Justia Opinion Summary: Defendant, a former police officer with the Puerto Rico Police Department (PRPD), was caught providing armed protection for sham drug transactions through a sting operation controlled by the FBI. After a jury trial, Defe...

Velazquez-Perez v. Developers Diversified Realty  
Date: May 23, 2014
Docket Number: 12-2226

Justia Opinion Summary: Plaintiff brought sex discrimination and retaliation claims under Title VII of the Civil Rights Act against his former employer, DDR Corp., after his employment was terminated. Specifically, Plaintiff claimed that DDR di...

Gericke v. Begin  
Date: May 23, 2014
Docket Number: 12-2326

Justia Opinion Summary: After Plaintiff attempted to film a police officer as he was conducting a traffic stop, Plaintiff was arrested and charged with violating New Hampshire’s wiretapping statute, among other crimes. Plaintiff was not brought...

Broderick v. PNC Financial Services Group
Date: May 23, 2014
Docket Number: 13-1158
Aldrich v. Ruano
Date: May 23, 2014
Docket Number: 13-1798
Marshall v. Bristol Superior Court  
Date: May 23, 2014
Docket Number: 13-1965

Justia Opinion Summary: Petitioner was convicted as an accessory before the fact to George Carpenter’s murder. The Massachusetts Supreme Judicial Court (SJC) reversed the conviction, concluding that the indictment charging Petitioner improperly...

Degiacomo v. Traverse  
Date: May 23, 2014
Docket Number: 13-9002

Justia Opinion Summary: In 2005, Debtor secured a loan with a mortgage on her home and stayed current on all mortgage payments on the property. Debtor’s bank, however, failed to record the mortgage with the appropriate registry. In 2011, Debtor...

Bullard v. Hyde Park Savings Bank
Date: May 23, 2014
Docket Number: 13-9009
Ahmed v. Napolitano  
Date: May 21, 2014
Docket Number: 13-1054

Justia Opinion Summary: Appellant, a Muslim and a native of Algeria, filed an amended complaint alleging that he was denied a promotion at the U.S. Department of Homeland Security (“Department”) based on his religion, race, and national origin....

Connolly v. Roden  
Date: May 21, 2014
Docket Number: 13-1191

Justia Opinion Summary: Petitioner was convicted in Massachusetts state court of drug distribution and trafficking. While Petitioner’s appeal was pending in the Supreme Judicial Court (SJC), the U.S. Supreme Court decided Melendez-Diaz v. Massa...

United States v. Roberson  
Date: May 21, 2014
Docket Number: 13-1925

Justia Opinion Summary: In 1998, Defendant was convicted of the Massachusetts crime of indecent assault and battery of a child under the age of fourteen. Defendant was notified of his obligation to register as a sex offender under the Sex Offen...

Neergaard v. Neergaard-Colon  
Date: May 21, 2014
Docket Number: 14-1278

Justia Opinion Summary: Mother and Father had two daughters that were born in the United States. When the girls were four months and just over one year old, the family moved to Singapore after Father’s employer temporarily relocated him. The fa...

Climent-Garcia v. Autoridad de Transporte  
Date: May 16, 2014
Docket Number: 12-2442

Justia Opinion Summary: Plaintiff filed suit against Defendant, her employer, pursuant to Title VII and analogous Puerto Rico law, alleging adverse employment action and a failure to hire on account of sex. After deliberations, the jury returne...

United States v. Matthews  
Date: May 16, 2014
Docket Number: 13-1256

Justia Opinion Summary: After a jury trial, Appellant was convicted of one count of conspiracy to make false statements on a federal firearms application, three counts of gun possession by a previously convicted felon, and one count of marijuan...

Calderon-Ortega v. United States  
Date: May 16, 2014
Docket Number: 13-1498

Justia Opinion Summary: Plaintiff sued the United States under the Federal Tort Claims Act, alleging that personnel at the Fort Buchanan Post Exchange Store in Puerto Rico had been negligent in failing to both prevent and clean up a spill on th...

Bricklayers & Trowel Trades Int’l Pension Fund v. Credit Suisse Secs. (USA) LLC  
Date: May 14, 2014
Docket Number: 12-1750

Justia Opinion Summary: A pension fund and other America Online (AOL) shareholders brought a class action against Credit Suisse First Boston (CSFB), former CSFB analysts, and other related defendants (collectively, Defendants), alleging violati...

US v. Sayer
Date: May 14, 2014
Docket Number: 12-2489
Sam v. Holder  
Date: May 14, 2014
Docket Number: 13-1259

Justia Opinion Summary: Petitioner, a native of Guatemala, entered the United States without inspection sometime in 1999 or 2000. In 2006, Petitioner was charged with removability. In 2011, Petitioner conceded removability and filed an applicat...

Lin v. Holder  
Date: May 14, 2014
Docket Number: 13-2076

Justia Opinion Summary: Petitioner, a native and citizen of China, came to the United States without a visa or other valid entry document. Petitioner applied for asylum, withholding of removal, and protection under the Convention Against Tortur...

Bullard v. Hyde Park Savings Bank  
Date: May 14, 2014
Docket Number: 13-9009

Justia Opinion Summary: Appellant-property owner filed a Chapter 13 petition for bankruptcy and subsequently filed a third amended reorganization plan proposing to bifurcate Appellee-mortgagee’s claim into secured and unsecured portions. The ba...

United States v. Paladin  
Date: May 12, 2014
Docket Number: 12-2098

Justia Opinion Summary: After a jury trial, Appellant was convicted of conspiracy to distribute cocaine, distribution of cocaine, and possession of cocaine with intent to distribute. Before Appellant’s sentencing, he learned of the existence of...

Simarmata v. Holder  
Date: May 12, 2014
Docket Number: 13-1463

Justia Opinion Summary: Petitioner, a native and citizen of Indonesia, was charged with removability because he was a noncitizen who overstayed his tourist visa. Petitioner conceded removability but applied for asylum, withholding of removal, a...

United States v. Ramirez-Negron  
Date: May 9, 2014
Docket Numbers: 11-1388, 10-1524

Justia Opinion Summary: Defendants, Geovanny Ramirez-Negron and Obed Alvarado-Merced pled guilty to aiding and abetting possession with intent to distribute at least one kilogram of heroin, five kilograms of cocaine, fifty grams of cocaine base...

US v. Alvarado-Merced
Date: May 9, 2014
Docket Number: 11-1388
CTIA - The Wireless Assoc. v. P.R. Telecomms. Regulatory Bd.  
Date: May 9, 2014
Docket Number: 12-2427

Justia Opinion Summary: In 2011, in order to combat the use of anonymous prepaid cell phone for criminal purposes, the Puerto Rico Governor signed into law the Registry Act, which requires telephone companies and other sellers of prepaid phones...

Donnee v. Holder  
Date: May 9, 2014
Docket Number: 13-1237

Justia Opinion Summary: Petitioner, a native and citizen of Haiti, was charged with removability. An Immigration Judge (IJ) eventually ordered Petitioner removed to Haiti. Petitioner filed a motion to reopen the proceedings, alleging that becau...

Lopez-Munoz v. Triple-S Salud, Inc.  
Date: May 9, 2014
Docket Number: 13-1417

Justia Opinion Summary: Plaintiff sought insurance coverage for gastric lap band surgery. Defendant, a health-care insurer that covered Plaintiff by virtue of Plaintiff’s husband’s employment with the federal government, refused to cover the fu...

BAE Sys. Info. & Elec. Sys. Integration, Inc. v. SpaceKey Components, Inc.  
Date: May 9, 2014
Docket Number: 13-2240

Justia Opinion Summary: Appellee, which manufactures and distributes specialized products for use in the defense, security, and aerospace industries, entered into a consultant agreement with Appellant, under which Appellant agreed to identify b...

Jones v. City of Boston  
Date: May 7, 2014
Docket Number: 12-2280

Justia Opinion Summary: Plaintiffs in this case were former officers and a former cadet of the Boston Police Department (Department) who were fired after testing positive for cocaine, a current officer who tested positive and underwent rehabili...

United States v. Bowles  
Date: May 7, 2014
Docket Number: 13-1575

Justia Opinion Summary: After a jury trial, Defendant was found guilty of fraudulently collecting federal civil service retirement survivor annuity payments intended for her mother. The district court sentenced Defendant to time served plus thi...

Yacubian v. US
Date: May 7, 2014
Docket Number: 13-1947
US v. Ayala-Vazquez
Date: May 2, 2014
Docket Number: 11-2347
US v. Cruz-Vazquez
Date: May 2, 2014
Docket Number: 12-1540
United States v. Sepulveda-Hernandez  
Date: May 2, 2014
Docket Numbers: 13-1339, 12-2301

Justia Opinion Summary: After a jury trial, Defendant was found guilty of conspiracy with intent to distribute and aiding and abetting in drug distribution. The district court elevated Defendant’s offense level in light of the jury’s finding th...

United States v. Sayer  
Date: May 2, 2014
Docket Number: 12-2489

Justia Opinion Summary: Defendant was indicted with one count of cyberstalking in violation of 18 U.S.C. 2261A. Pursuant to a plea agreement, Defendant entered a conditional plea of guilty to the cyberstalking charge. Defendant was sentenced to...

US v. Sepulveda-Hernandez
Date: May 2, 2014
Docket Number: 13-1339
Bellone v. Southwick-Tolland Reg’l Sch. Dist.  
Date: May 2, 2014
Docket Number: 13-1341

Justia Opinion Summary: Plaintiff filed a lawsuit against his former employer, a school district alleging that the school district violated the Family and Medical Leave Act of 1993 (FMLA) when it reassigned Plaintiff to a new position after he...

United States v. Ayala-Vazquez  
Date: April 30, 2014
Docket Numbers: 12-1540, 11-2347

Justia Opinion Summary: Brothers Angel Ayala-Vazquez (“Alaya”) and Luis Cruz-Vazquez (“Cruz”) (collectively, “Appellants”) were arrested and indicted following a federal investigation into a wide-ranging drug trafficking organization (“DTO”) ba...

United States v. Carter  
Date: April 30, 2014
Docket Number: 12-1499

Justia Opinion Summary: Appellant conditionally pleaded guilty to one count of possessing a firearm following a prior conviction of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. 922(g)(9) and 924(a). Appellant appealed, ar...

US v. Cruz-Vazquez
Date: April 30, 2014
Docket Number: 12-1540
United States v. Jones  
Date: April 30, 2014
Docket Number: 13-1157

Justia Opinion Summary: Defendant was convicted of several federal crimes related to his efforts to have sex with a child. Some months later the judge sentenced Defendant to life plus ten years in prison. The First Circuit Court of Appeals affi...

Singh v. Holder  
Date: April 30, 2014
Docket Number: 13-1275

Justia Opinion Summary: Petitioner, an Indian national who entered the United States unlawfully in 2003, filed an application for asylum and withholding of removal. After a hearing on the merits, an immigration judge denied Petitioner’s applica...

Wang v. Holder  
Date: April 30, 2014
Docket Number: 13-1767

Justia Opinion Summary: Petitioner, a Chinese national, entered the United States without inspection in 1993. Federal authorities soon served Petitioner with a show-cause order charging removability. Petitioner failed to appear at the scheduled...

Frappier v. Countrywide Home Loans, Inc.  
Date: April 30, 2014
Docket Number: 13-1774

Justia Opinion Summary: Plaintiff purchased property with a mortgage from Countrywide Home Loans, Inc. In October 2006, Plaintiff took out a loan from Countrywide to cure his breach of a divorce agreement. In December 2006, Plaintiff took out a...

Yacubian v. United States  
Date: April 30, 2014
Docket Number: 13-1947

Justia Opinion Summary: In 2000, Plaintiff, a former scallop fisherman, was prosecuted by an enforcement arm of the National Oceanic and Atmospheric Administration (“NOAA”). The ALJ sustained all charges against Plaintiff. The district court su...

United States ex rel. Wilson v. Bristol-Myers Squibb, Inc.  
Date: April 30, 2014
Docket Number: 13-1948

Justia Opinion Summary: In 2006, Michael Wilson, a former Bristol-Myers Squibb Co. (“BMS”) sales presentative, filed a complaint alleging that BMS engaged in off-label promotion of certain drugs, and that these actions caused false claims to be...

Adamson v. Walgreen Co.  
Date: April 29, 2014
Docket Number: 13-1511

Justia Opinion Summary: Plaintiff was fifty-five years old when he was hired to work as an assistant manager at Walgreens. In 2011, Walgreens terminated Plaintiff’s employment after Plaintiff failed to provide what Walgreens considered to be ad...

Bruns v. Mayhew  
Date: April 28, 2014
Docket Number: 13-1456

Justia Opinion Summary: In 1997, in response to Congress’s enactment of the Personal Responsibility and Work Opportunity Reconciliation Act, which narrowed the eligibility of non-citizens for Medicaid and other federal benefits, the state of Ma...

United States v. Lucena-Rivera  
Date: April 24, 2014
Docket Number: 12-2200

Justia Opinion Summary: Appellant pleaded guilty to one count of conspiring to commit money laundering as set forth in an indictment that also included drug-trafficking charges. The district court subsequently sentenced Appellant to a term of i...

Thapaliya v. Holder  
Date: April 24, 2014
Docket Number: 13-1582

Justia Opinion Summary: Petitioner, a native of Nepal, was subject to removal proceedings. In 2010, Petitioner conceded removability and sought asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and, altern...

United States v. Martin  
Date: April 23, 2014
Docket Number: 12-1990

Justia Opinion Summary: After a search of Appellant’s vehicle turned up heroin, cocaine, and oxycodone, Appellant was arrested, indicted, and pled guilty to possession with intent to distribute. Relying on two prior felony convictions that Appe...

Green Mountain Realty Corp. v. Leonard  
Date: April 23, 2014
Docket Number: 13-2163

Justia Opinion Summary: Green Mountain Realty Corp. (“GMR”) sought to erect a 140-foot cell phone tower in Milton, Massachusetts that would fill a significant gap in the wireless coverage provided by T-Mobile’s networks. The Town of Milton reje...

Perera v. Holder  
Date: April 22, 2014
Docket Number: 13-1312

Justia Opinion Summary: Petitioner in this case was a native and citizen of Sri Lanka. In 2007, an immigration judge (IJ) rejected Petitioner’s claims for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) and...

United States v. Santiago-Burgos  
Date: April 21, 2014
Docket Number: 12-1897

Justia Opinion Summary: Pursuant to a plea agreement, Appellant pled guilty to a drug conspiracy charge. On appeal, Appellant argued that the district court made a prejudicial error in its Sentencing Guideline calculation and improperly imposed...

United States v. Oquendo-Rivas  
Date: April 18, 2014
Docket Number: 11-2260

Justia Opinion Summary: Defendant was indicted for aiding and abetting in the possession of a firearm with an obliterated serial number. Defendant filed a motion to suppress a series of inculpatory statements. Specifically, Defendant sought to...

United States v. Millan-Isaac  
Date: April 18, 2014
Docket Numbers: 12-1769, 12-1693

Justia Opinion Summary: Defendants, Jose Cabezudo-Kuilan (Cabezudo) and Heriberto Millan-Isaac (Millan), pleaded guilty to aiding and abetting a robbery and possessing a firearm during a crime of violence. The district court first sentenced Mil...

US v. Cabezudo-Kuilan
Date: April 18, 2014
Docket Number: 12-1769
United States v. Souza  
Date: April 18, 2014
Docket Number: 12-1949

Justia Opinion Summary: Defendant was charged with structuring financial transactions to evade reporting requirements in violation of 31 U.S.C. 5324(a)(3). After a trial, Defendant was convicted and sentenced. The First Circuit Court of Appeals...

Collins v. Roden  
Date: April 18, 2014
Docket Number: 12-2515

Justia Opinion Summary: In 2002, Appellant was convicted in Massachusetts state court on charges of forcibly raping his nephew, J.B., and J.B.’s friend when both boys were fifteen years old. Appellant appealed his conviction, arguing that his a...

Newman v. Advanced Tech. Innovation Corp.  
Date: April 18, 2014
Docket Number: 13-1132

Justia Opinion Summary: Plaintiffs found engineering jobs through Advanced Technology Innovation Corporation (“the company”), a recruiting firm. Plaintiffs were paid by the company. In 2012, Plaintiffs filed suit, alleging that the company viol...

Moreno v. Holder  
Date: April 18, 2014
Docket Number: 13-1570

Justia Opinion Summary: Petitioner, a Colombian national, obtained a tourist visa to enter the United States. Petitioner overstayed her visa, after which federal authorities initiated removal proceedings against her. Petitioner conceded removab...

Union Leader Corp. v. U.S. Dep’t of Homeland Sec.  
Date: April 18, 2014
Docket Number: 13-1752

Justia Opinion Summary: In 2011, Immigration and Customs Enforcement (ICE) agents in New Hampshire arrested six aliens who had prior criminal convictions or arrests. The arrests were part of a nationwide enforcement program. The Union Leader, a...

Gonzalez-Rios v. Hewlett Packard PR Co.  
Date: April 16, 2014
Docket Number: 12-2425

Justia Opinion Summary: Plaintiff was hired by Employer in 1983. Plaintiff was covered by a short-term disability plan, and the Life Insurance Company of North America (“LINA”) had the authority to decide questions of eligibility for coverage o...

Rivera-Velazquez v. Hartford Steam Boiler Inspection & Ins. Co.  
Date: April 16, 2014
Docket Number: 13-1301

Justia Opinion Summary: In 2010, Plaintiff, then fifty-eight years old, applied for a job with Defendant. Defendant extended a written offer of employment, which Plaintiff accepted, but before Plaintiff started on the job, Defendant rescinded t...

Diaz-Carrasquillo v. Garcia-Padilla  
Date: April 16, 2014
Docket Number: 13-2277

Justia Opinion Summary: In 2011, the then-Governor of Puerto Rico appointed Plaintiff to the position of Advocate for Persons with Disabilities. In 2013, new legislation established an Office of the Ombudsman for Personal with Disabilities. Pla...

Davidson v. Howe  
Date: April 16, 2014
Docket Number: 13-2365

Justia Opinion Summary: Marilyn Davidson, an intellectually disabled individual, was in the care of the Massachusetts Department of Developmental Services (DDS) most of her life. In 1985, Marilyn was transferred to the Fernald Developmental Cen...

SW Boston Hotel Venture, LLC v. Prudential Ins. Co.  
Date: April 11, 2014
Docket Numbers: 12-9012, 12-9011, 12-9009, 12-9008

Justia Opinion Summary: This appeal concerned a heavily contested Chapter 11 bankruptcy proceeding. After the bankruptcy court determined a secured creditor’s entitlement to post-petition interest under 11 U.S.C. 506(b) and confirmed the debtor...

Prudential Insurance Company v. Boston Hotel Venture, LLC
Date: April 11, 2014
Docket Number: 12-9009
Prudential Insurance Company v. City of Boston
Date: April 11, 2014
Docket Number: 12-9011
Prudential Insurance Company v. City of Boston
Date: April 11, 2014
Docket Number: 12-9012
Rivera-Diaz v. Humana Health Plans of P.R.  
Date: April 11, 2014
Docket Number: 13-1475

Justia Opinion Summary: Plaintiff’s employment with Employer was terminated due to what Plaintiff alleged was disability discrimination and retaliation. Plaintiff filed a discrimination complaint against Employer with the Equal Employment Oppor...

Garayalde-Rijos v. Municipality of Carolina
Date: April 11, 2014
Docket Number: 13-1487
Ardente v. Standard Fire Insurance Co.
Date: April 11, 2014
Docket Number: 13-2000
United States v. Maguire  
Date: April 8, 2014
Docket Number: 12-2458

Justia Opinion Summary: Appellant pleaded guilty to possession of marijuana with intent to distribute and was sentenced to a sixty-month incarcerative term, the maximum sentence allowable under the statute of conviction. Appellant challenged hi...

Bartlett v. Dep’t of Treasury  
Date: April 8, 2014
Docket Number: 13-1379

Justia Opinion Summary: Plaintiff was a long-time employee of the Internal Revenue Service (IRS). Plaintiff was separated from her employment as a result of her inability to return to the workplace resulting from severe depression. Plaintiff fi...

Butler v. Deutsche Bank Trust Co. Ams.  
Date: April 4, 2014
Docket Number: 12-2108

Justia Opinion Summary: Plaintiff obtained a loan secured with a promissory note and mortgage on his Massachusetts home. The mortgage document listed Mortgage Electronic Registration Systems (MERS) as mortgagee and nominee for the lender’s succ...

United States v. Almeida, III  
Date: April 4, 2014
Docket Number: 12-2265

Justia Opinion Summary: After a jury trial, Appellant was convicted of possessing counterfeit obligations of the United States and sentenced to fifty-one months’ imprisonment. The First Circuit Court of Appeals affirmed, holding (1) the distric...

Marsadu v. Holder  
Date: April 4, 2014
Docket Number: 13-1024

Justia Opinion Summary: Petitioners, Nova Flora Marsadu and Roly Rondonuwu, were a married couple who were native citizens of Indonesia. Marsadu, and later Rondonuwu, filed applications for asylum based on their fears of being persecuted in Ind...

Vargas-Colon v. Hospital Damas, Inc.
Date: April 4, 2014
Docket Number: 13-1245
Valsamis v. Gonzalez-Romero  
Date: April 4, 2014
Docket Number: 13-1419

Justia Opinion Summary: Defendant, a citizen and resident of Puerto Rico, borrowed $700,000 from Plaintiff, a citizen and resident of Greece. Plaintiff’s loan was not evidenced by "even a single scrap of paper." The parties subsequently dispute...

P.R. Dairy Farmers Ass’n v. Comas-Pagan  
Date: April 3, 2014
Docket Number: 13-2412

Justia Opinion Summary: This appeal concerned the decade-long litigation regarding the regulation of Puerto Rico’s milk industry. Intervenor Puerto Rico Dairy Farmers Association (“PRDFA”) appealed the district court’s approval of a comprehensi...

Vaqueria Tres Monjitas, Inc. v. Comas-Pagan  
Date: April 3, 2014
Docket Number: 13-2517

Justia Opinion Summary: This appeal concerned the decade-long litigation regarding the regulation of Puerto Rico’s milk industry. The district court approved a comprehensive Settlement Agreement reached by the original parties: the government d...

W Holding Co., Inc. v. AIG Ins. Co. - P.R.  
Date: March 31, 2014
Docket Number: 12-2008

Justia Opinion Summary: After Westernbank of Puerto Rico was ordered closed in the late 2000s and the Federal Deposit Insurance Corporation (“FDIC”) was appointed receiver, the FDIC discovered that certain bank directors and officers had breach...

Serra v. Quantum Servicing Corp.  
Date: March 31, 2014
Docket Number: 13-1557

Justia Opinion Summary: Plaintiff refinanced his residential home mortgage, taking out a loan secured by his home. The mortgage listed Mortgage Electronic Registration Systems, Inc. (“MERS”) as the mortgagee of record. MERS subsequently transfe...

United States v. Bobadilla-Pagan  
Date: March 28, 2014
Docket Number: 12-1447

Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking offense. Defendant appealed, arguing that the...

Garayalde-Rijos v. Municipality of Carolina  
Date: March 28, 2014
Docket Number: 13-1487

Justia Opinion Summary: Plaintiff filed a charge of gender discrimination with the Equal Employment Opportunity Commission (EEOC) alleging that the Municipality of Carolina discriminated against her because of her gender by refusing to hire her...

Macdonald v. Eastham, MA
Date: March 28, 2014
Docket Number: 13-1779
United States v. Echevarria-Rios  
Date: March 26, 2014
Docket Number: 12-1804

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of the crime of possession of a firearm by a felon. Defendant appealed the district court’s denial of his motion to suppress the evidence of a pistol found in his...

Calderon-Serra v. Banco Santander P.R.  
Date: March 26, 2014
Docket Number: 12-2128

Justia Opinion Summary: Plaintiffs filed a complaint against their bank and others, asserting a cause of action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), among other claims, asserting that Defendants engaged in an u...

In re Plaza-Martinez  
Date: March 26, 2014
Docket Number: 13-1228

Justia Opinion Summary: Appellant acted as counsel in district court for a criminal defendant (“Defendant”) who pleaded guilty to several charges arising out of a carjacking. The day before a disposition hearing was scheduled to take place, App...

Candelario-Del-Moral v. Efron  
Date: March 21, 2014
Docket Number: 13-1765

Justia Opinion Summary: David Efron and his former wife, Madeleine Candelario-Del-Moral, were engaged in long-running litigation related to their high-stakes divorce. In 2006, a Puerto Rico court in which the divorce proceedings were pending is...

Darin v. Olivero-Huffman  
Date: March 19, 2014
Docket Number: 12-2256

Justia Opinion Summary: Petitioner, a citizen of Argentina, and Respondent, a United States citizen from Puerto Rico, had a child together in 2008. The child (“LAD”) was a citizen of both the United States and Argentina. In 2011, the family tra...

United States v. Anderson  
Date: March 19, 2014
Docket Number: 12-2306

Justia Opinion Summary: Appellant pled guilty to two counts of possession of a firearm and ammunition by a convicted felon. The district court sentenced Appellant to 180 months’ imprisonment, the mandatory minimum for an individual deemed an ar...

Grand Wireless, Inc. v. Verizon Wireless, Inc.  
Date: March 19, 2014
Docket Number: 13-1149

Justia Opinion Summary: In 2002, Grand Wireless, Inc. (“Grand”) and Verizon Wireless, Inc. (“Verizon”) entered into an agreement authorizing Grand to act as a Verizon sales agent. The agreement contained an arbitration provision. In 2011, Veriz...

Redondo Constr. Corp. v. Izquierdo  
Date: March 19, 2014
Docket Number: 13-1834

Justia Opinion Summary: In 1999, Redondo Construction Corporation pled guilty to aiding and abetting the making of false statements during its work on a federal highway project. The Puerto Rico Highway and Transportation Authority (“PRHTA”) and...

Alamo-Hornedo v. Puig  
Date: March 17, 2014
Docket Number: 12-2177

Justia Opinion Summary: On February 26, 2010, Plaintiff, who worked for the Parole Board of Puerto Rico, was terminated pursuant to Law 7, which implemented a brute-force reduction in the size of the government to improve Puerto Rico’s dire fin...

United States v. Montalvo-Cruz  
Date: March 17, 2014
Docket Number: 12-2421

Justia Opinion Summary: Defendant was convicted of producing child pornography. The district court sentenced Defendant to a term of imprisonment and advised that it would order Defendant to pay restitution to the victim for mental health treatm...

United States v. Diaz-Rodriguez  
Date: March 17, 2014
Docket Number: 12-2424

Justia Opinion Summary: After a jury trial, Appellant was convicted of aiding and abetting interference with commerce by threats of violence and using a firearm during the commission of a crime of violence. On appeal, Appellant argued, among ot...

US v. Aviles-Santiago
Date: March 14, 2014
Docket Number: 12-1591
Chen v. Holder, Jr.
Date: March 14, 2014
Docket Number: 13-1294
Caban-Rodriguez v. Jimenez-Perez
Date: March 13, 2014
Docket Number: 12-2130
Caban-Rodriguez v. Jimenez-Perez
Date: March 12, 2014
Docket Number: 12-2130
Blum v. Holder
Date: March 12, 2014
Docket Number: 13-1490
Macdonald v. Town of Eastham  
Date: March 12, 2014
Docket Number: 13-1779

Justia Opinion Summary: Plaintiff was charged in state court with offenses related to the manufacture and possession of marijuana after a neighbor reported to the police that the door was wide open at Plaintiff’s vacant home, and the police ent...

Ardente v. Standard Fire Ins. Co.  
Date: March 12, 2014
Docket Number: 13-2000

Justia Opinion Summary: Evan Ardente’s yacht was insured by Standard Fire Insurance Company. After Ardente purchased the yacht, it stopped navigating properly, and its top speed had decreased due to water damage to the yacht’s hull. Specificall...

Int’l Union v. Ray Haluch Gravel Co.  
Date: March 11, 2014
Docket Numbers: 11-1970, 11-1944

Justia Opinion Summary: Union-affiliated benefit funds (collectively, the Fund) sued Employer to recover unpaid employee-related remittances allegedly due under a collective bargaining agreement (CBA). The Fund also sought attorneys’ fees and c...

International Union v. Ray Haluch Gravel Inc.
Date: March 11, 2014
Docket Number: 11-1970
United States v. Jacques  
Date: March 11, 2014
Docket Number: 12-1016

Justia Opinion Summary: Defendant confessed to participating in the arson of an African-American church following a seven-hour interrogation. Defendant was subsequently convicted in federal court of conspiracy against civil rights, damage to re...

Alicea v. Ayala  
Date: March 7, 2014
Docket Number: 12-1548

Justia Opinion Summary: Plaintiffs were Massachusetts-based producers of “reggaeton” music. This case centered on seven songs released on an album distributed by Defendants that allegedly infringed upon copyrights held by Plaintiffs and breache...

Maloy v. Ballori-Lage  
Date: March 7, 2014
Docket Number: 12-1979

Justia Opinion Summary: Plaintiff was a real estate broker in Puerto Rico who was a vocal critic of the Puerto Rico Real Estate Examining Board. After the Board denied Plaintiff’s application for a license to establish a bilingual real estate s...

Blum v. Holder  
Date: March 7, 2014
Docket Number: 13-1490

Justia Opinion Summary: Plaintiffs, committed animal rights activists, filed this action seeking declaratory and injunctive relief that the Animal Enterprise Terrorism Act (“Act”), which criminalizes “force, violence, and threats involving anim...

Riley v. Metro. Life Ins.  
Date: March 4, 2014
Docket Number: 13-2166

Justia Opinion Summary: Plaintiff, who worked for Metropolitan Life Insurance Co. (“MetLife”), made a claim for long-term disability benefits (LTD). In 2005, the claim was approved. That same year, MetLife denied Plaintiff’s assertion that he w...

Hannon v. United States  
Date: February 28, 2014
Docket Number: 13-1022

Justia Opinion Summary: The IRS held a tax lien against Patrick Hannon’s property, including a parcel of land Hannon owned in Newton, Massachusetts. The IRS discharged that specific parcel from its tax lien under 26 U.S.C. 6325(b)(2)(A) to all...

United States v. Baez  
Date: February 28, 2014
Docket Number: 13-1025

Justia Opinion Summary: Defendant pled guilty to four counts of arson. On appeal, Defendant argued that the district court erred by denying his motion to suppress evidence that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) obtai...

United States v. Santiago-Rivera  
Date: February 28, 2014
Docket Number: 13-1228

Justia Opinion Summary: Defendant pleaded guilty to carjacking resulting in serious bodily injury, use of a firearm during and in relation to a crime of violence, and possession of a stolen firearm. Defendant was sentenced to a term of immureme...

United States v. Oladosu  
Date: February 28, 2014
Docket Number: 13-1332

Justia Opinion Summary: A law enforcement officer placed a GPS device on Defendant’s vehicle without a warrant and used that device to track Defendant’s movements for forty-seven days. The GPS monitoring ultimately led to Defendant being charge...

Evans-Garcia v. United States  
Date: February 28, 2014
Docket Numbers: 13-1662, 13-1661

Justia Opinion Summary: Harold Evans-Garcia and Eric Joel Carrion-Cruz (together, Defendants) were each convicted of a carjacking resulting in death and sentenced to life imprisonment without the possibility of parole. Both Defendants committed...

Carrion-Cruz v. US
Date: February 28, 2014
Docket Number: 13-1662
United States v. Fish  
Date: February 26, 2014
Docket Number: 12-1791

Justia Opinion Summary: Appellant was charged with possessing body armor after having been convicted of a “crime of violence” as defined by 18 U.S.C. 16. The crimes that Appellant was previously convicted of under Massachusetts law included bre...

United States v. Stewart  
Date: February 26, 2014
Docket Number: 12-2395

Justia Opinion Summary: On September 22, 2011, a grand jury returned a one-count indictment charging Appellant with conspiracy to defraud the United States. The indictment alleged that, from about March 29, 2005 until at least June 22, 2007, Ap...

United States v. Colon  
Date: February 26, 2014
Docket Number: 13-1156

Justia Opinion Summary: After a jury trial in the U.S. District Court, Appellant was convicted of possession of a firearm by a convicted felon and possession of a firearm with an obliterated serial number. Prior to trial, Appellant unsuccessful...

Nat’l Cas. Co. v. OneBeacon Am. Ins. Co.  
Date: February 26, 2014
Docket Number: 13-1913

Justia Opinion Summary: For twenty years, Defendants, various entities of OneBeacon American Insurance Company (collectively, “OneBeacon”), had a program known as Multiple Line Excess Cover (“MLEC Program”) under which OneBeacon entered into re...

In re Grand Jury Proceedings  
Date: February 25, 2014
Docket Number: 13-2498

Justia Opinion Summary: In 2012, a grand jury in the District of Rhode Island served the Narragansett Indian Tribal Historic Preservation Office (NITHPO) with a subpoena duces tecum directing NITHPO to appear before the grand jury with a series...

Housen v. Gelb  
Date: February 24, 2014
Docket Number: 13-1642

Justia Opinion Summary: After a jury trial in state court, Petitioner was found guilty of first-degree murder and sentenced to life imprisonment. After the Supreme Judicial Court affirmed on direct appeal, Petitioner filed a petition for habeas...

Atlantech Inc. v. Am. Panel Corp.  
Date: February 20, 2014
Docket Numbers: 13-1514, 13-1513, 13-1437

Justia Opinion Summary: Plaintiff filed a seven-count complaint against Defendants, asserting claims related to the alleged breach of various agreements involving the sale of aviation equipment. Ultimately, a jury trial was held, and the jury a...

Atlantech Incorporated v. American Panel Corporation
Date: February 20, 2014
Docket Number: 13-1513
Atlantech Incorporated v. APC Aquisition Corporation
Date: February 20, 2014
Docket Number: 13-1514
Rodriguez-Vives v. PR Fire Fighters Corps
Date: February 20, 2014
Docket Number: 13-1587
Rodriguez-Vives v. P.R. Firefighters Corps  
Date: February 18, 2014
Docket Number: 13-1587

Justia Opinion Summary: After Plaintiff applied unsuccessfully to be a firefighter in the Puerto Rico Firefighters Corps of the Commonwealth of Puerto Rico (“the Corps”) Plaintiff sued the Commonwealth, claiming that the Corps refused to hire h...

Wilson v. HSBC Mortgage Servs., Inc.  
Date: February 14, 2014
Docket Number: 13-1298

Justia Opinion Summary: Plaintiffs granted a mortgage on their property in Massachusetts to Ameriquest Mortgage Company, which assigned its interest in the mortgage to Mortgage Electronic Registration System, Inc. (MERS). MERS later purported t...

Alvarado v. Holder  
Date: February 14, 2014
Docket Number: 13-1322

Justia Opinion Summary: Petitioners, a married couple from Guatemala, entered the United States illegally in the mid-1990s. In 2008, Petitioners applied for asylum. Their application was denied, and removal proceedings subsequently began. Petit...

Magraw v. Roden  
Date: February 14, 2014
Docket Number: 13-1483

Justia Opinion Summary: After a jury trial, Petitioner was found guilty of second-degree murder. Petitioner’s conviction was affirmed on appeal by the state court. Petitioner subsequently sought a writ of habeas corpus in the federal district c...

United States v. Delgado-Marrero  
Date: February 11, 2014
Docket Numbers: 11-1660, 11-1742

Justia Opinion Summary: After a jury trial, two former San Jan municipal police officers, Raquel Delgado-Marrero (“Delgado”) and Angel Rivera-Claudio (“Rivera”), were convicted on drug and gun charges arising from an FBI reverse sting operation...

US v. Rivera-Claudio
Date: February 11, 2014
Docket Number: 11-1742
US v. Rodriguez-Santana
Date: February 7, 2014
Docket Number: 12-2067
Mahon v. United States  
Date: February 7, 2014
Docket Number: 12-2466

Justia Opinion Summary: Michael Mahon sued the government under the Federal Tort Claims Act (FTCA) after falling from a second-story portico during a wedding reception at the Commandant’s House at the Charlestown Navy Yard in Massachusetts. Mah...

HSBC Realty Credit Corp. v. O'Neill  
Date: February 7, 2014
Docket Number: 13-1214

Justia Opinion Summary: HSBC Realty Credit Corporation loaned Brandywine Partners, LLC $15.9 million pursuant to a property-loan agreement for the purchase and development of industrial property in Delaware. J. Brian O’Neill, a principal of Bra...

United States v. Herrerra Pena  
Date: February 5, 2014
Docket Number: 12-2289

Justia Opinion Summary: Defendant was indicted for two counts of distribution of heroin. The indictment alleged that “death and serious bodily injury resulted from the use of such substance.” In federal prosecutions, under Alleyne v. United Sta...

United States v. Silva  
Date: February 5, 2014
Docket Number: 13-1084

Justia Opinion Summary: After a jury trial, Appellant was convicted of possessing with intent to defraud counterfeit United States currency. The First Circuit Court of Appeals affirmed the conviction, holding that the district court did not err...

United States v. King  
Date: January 31, 2014
Docket Number: 12-2047

Justia Opinion Summary: Defendant pleaded guilty to possessing a computer that held child pornography. The presentence investigation report (PSI Report) suggested a guideline sentencing range (GSR) of fifty-seven to seventy-one months. The dist...

Ponte v. Steelcase Inc.  
Date: January 31, 2014
Docket Number: 13-2011

Justia Opinion Summary: Plaintiff filed an action against her former employer (Employer) for violations of Title VII, 42 U.S.C. 2000e et seq., and Mass. Gen. Laws ch. 151B, alleging that she was subject to sexual harassment while working for Em...

Kosilek v. Spencer
Date: January 30, 2014
Docket Number: 12-2194
D'Angelo v. N.H. Supreme Court  
Date: January 29, 2014
Docket Number: 13-1059

Justia Opinion Summary: This matter began in a New Hampshire family court (“Family Court”) in 2006 and involved Plaintiff’s support obligations to his former wife and son. Due to Plaintiff’s financial evasiveness, the Family Court appointed a c...

Pierce v. Cotuit Fire Dist.  
Date: January 28, 2014
Docket Number: 13-1428

Justia Opinion Summary: Plaintiff, the former captain of a village fire department, filed this action against the department, its fire chief, and the board of fire commissioners (collectively, Defendants) after the board chose to terminate Pla...

United States v. Ortiz  
Date: January 27, 2014
Docket Number: 12-2190

Justia Opinion Summary: Defendant entered a guilty plea to possession of ammunition by a convicted felon pursuant to a plea agreement. The probation department recommended a guideline sentencing range (GSR) of up to twenty-seven months based in...

Pina v. Children's Place  
Date: January 27, 2014
Docket Number: 13-1609

Justia Opinion Summary: Appellant filed an action against her former employer, The Children Place (TCP) and the TCP district manager (collectively, Appellees), alleging that she was fired, harassed, and not rehired on the basis of race. The dis...

United States v. Lyons  
Date: January 17, 2014
Docket Number: 12-1835

Justia Opinion Summary: Defendants worked for Sports Off Shore (SOS), a gambling business based in Antigua. After a jury trial, Defendants were convicted of violations of the Wire Act and other offenses for conducting an illegal gambling busine...

US v. Eremian
Date: January 17, 2014
Docket Number: 12-1858
Kosilek v. Spencer  
Date: January 17, 2014
Docket Number: 12-2194

Justia Opinion Summary: Sixty-four-year-old Plaintiff was born anatomically male but suffered from severe gender identity disorder. In 1992, Plaintiff was convicted of murder and sentenced to life imprisonment. In 2000, Plaintiff filed a compla...

Geshke v. Crocs, Inc.  
Date: January 17, 2014
Docket Number: 12-2204

Justia Opinion Summary: Plaintiff’s nine-year-old daughter, N.K., was injured when N.K.'s sandals, popularly known as CROCS, were caught in an escalator, causing N.K. to sustain injuries. Plaintiff invoked diversity jurisdiction and brought sui...

Lopez v. Holder  
Date: January 17, 2014
Docket Number: 13-1264

Justia Opinion Summary: Petitioner was charged with removability based on the termination of her conditional permanent resident status. Petitioner conceded removability but filed multiple I-751 forms with the United States Citizenship and Immig...

Scotiabank de P.R. v. Burgos  
Date: January 16, 2014
Docket Number: 12-9005

Justia Opinion Summary: In 2002, the developer of a timeshare real estate venture (Developer) and Ernesto Brito and Marigloria Del Valle (together, Appellees) entered into a purchase agreement pursuant to which the Developer transferred a “peri...

Rosales-Perez v. Holder  
Date: January 15, 2014
Docket Number: 12-1377

Justia Opinion Summary: Petitioner, a native of Guatemala, illegally entered the United States in 2003. In 2006, Petitioner was charged as removable. Petitioner conceded his removability and applied for withholding of removal, protection under...

US v. Varela-Rivera
Date: January 15, 2014
Docket Number: 12-2039
Cracchiolo v. E. Fisheries, Inc.  
Date: January 15, 2014
Docket Numbers: 13-1787, 12-2174

Justia Opinion Summary: Giuseppe Cracchiolo fell and drowned after slipping from a hazardous place on a fishery pier while attempting to return to the commercial fishing boat on which he was working. Giuseppe’s wife Carla sued the owner and the...

Cracchiolo v. Eastern Fisheries, Inc.
Date: January 15, 2014
Docket Number: 13-1787
Sanchez v. United States  
Date: January 14, 2014
Docket Number: 13-1333

Justia Opinion Summary: Rafaela Sanchez died due to hemorrhaging after giving birth to her third child. Plaintiff, Sanchez’s husband, sued Rafaela’s doctors for medical malpractice. Plaintiff’s lawyers waited more than two years before presenti...

United States v. Adams  
Date: January 13, 2014
Docket Number: 12-2276

Justia Opinion Summary: Defendant was convicted on charges of conspiracy and tax evasion. Defendant appealed, arguing that the district court erred in (1) denying his motion to suppress because the premises search conducted by armed agents of t...

Ruci v. Holder, Jr.
Date: January 10, 2014
Docket Number: 12-1886
Hodge v. Mendonsa
Date: January 10, 2014
Docket Number: 13-1825
United States v. Dion  
Date: January 7, 2014
Docket Number: 12-2231

Justia Opinion Summary: After a jury trial, Defendants, Catherine Floyd and William Dion, were convicted of conspiracy to defraud the United States of payroll and income taxes and endeavoring to obstruct and impede the Internal Revenue Service...

US v. Briceno
Date: January 6, 2014
Docket Number: 12-2272
United States v. Breton  
Date: January 6, 2014
Docket Number: 12-2293

Justia Opinion Summary: After a jury trial, Defendant was convicted of producing, possessing, and distributing child pornography. Defendant was sentenced to 340 months of imprisonment followed by fifteen years of supervised release. The First C...