2018 First Circuit US Court of Appeals Case Law

United States v. Miller  
Date: December 28, 2018
Docket Number: 17-2053

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction and sentence without prejudice to his right to raise his claim of ineffective assistance of counsel in a collateral proceeding brought pursuant to 28 U.S.C. 2255, holding...

Walker v. Medeiros  
Date: December 21, 2018
Docket Number: 16-1479

Justia Opinion Summary: The First Circuit affirmed the district court’s dismissal of Appellant’s federal petition for writ of habeas corpus filed pursuant to 28 U.S.C. 2254, holding that the district court did not err in dismissing the petition...

United States v. Montanez-Quinones  
Date: December 21, 2018
Docket Number: 17-1577

Justia Opinion Summary: The Supreme Court affirmed Defendant’s 109-month sentence for possession of child pornography, holding that the government did not violate the plea agreement in this case and that the district court did not err in applyi...

United States v. Sostre-Cintron  
Date: December 20, 2018
Docket Number: 17-1778

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions and sentence for conspiring to defraud the United States and stealing government property in violation of 18 U.S.C. 371, 641, holding that there was sufficient evidence...

United States v. Nagell  
Date: December 19, 2018
Docket Number: 17-1058

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence of thirty months’ imprisonment for knowingly failing to update his registration, holding that the district court neither committed clear error in finding that Defendant per...

United States v. Henderson  
Date: December 19, 2018
Docket Number: 17-1362

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction of being a felon in possession of a firearm an ammunition and sentence to time served plus three weeks of imprisonment and three years of supervised release, holding that...

Escalera-Salgado v. United States  
Date: December 19, 2018
Docket Number: 17-1838

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court entering judgment against Plaintiff on his lawsuit against the United States under the Federal Tort Claims Act, 28 U.S.C. 1346(b), 2671-2680, holding that the...

United States v. Gilley  
Date: December 19, 2018
Docket Number: 17-2197

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence for distribution of heroin and fentanyl, holding that the sentence was not substantively unreasonable. After a hearing, the district court sentenced Defendant to 168 month...

Leite v. Goulet  
Date: December 19, 2018
Docket Number: 18-1682

Justia Opinion Summary: In this 42 U.S.C. 1983 case, the First Circuit affirmed the judgment of the district court granting summary judgment in favor of Kathy Bergeron, a corrections officer, holding that no reasonable juror could conclude that...

US v. Pena, US v. Rocheford
Date: December 18, 2018
Docket Numbers: 17-1503, 17-1504
United States v. Bodon-Lespier  
Date: December 18, 2018
Docket Number: 17-1555

Justia Opinion Summary: The First Circuit affirmed the district court’s order revoking Appellant’s supervised release, holding that the district court’s decision was not an abuse of discretion. In 2009, Appellant was sentenced to a term of sev...

United States v. Severino-Pacheco  
Date: December 18, 2018
Docket Number: 17-1806

Justia Opinion Summary: The First Circuit affirmed Appellant’s sentence of forty months for illegal possession of a machine gun, holding that there was no reversible error or abuse of discretion in the district court’s decision. After Appellan...

US v. Suarez-Reyes
Date: December 18, 2018
Docket Number: 17-1849
United States v. Pena  
Date: December 14, 2018
Docket Numbers: 17-1503, 17-1504

Justia Opinion Summary: The First Circuit affirmed the judgments of the district court convicting Alba Pena and Indranis Rocheford, sisters, of multiple counts of wire fraud and Rocheford’s sentence to thirty-three months in prison and three ye...

United States v. Suarez-Reyes  
Date: December 14, 2018
Docket Number: 17-1849

Justia Opinion Summary: The First Circuit dismissed Defendant’s appeal from his sentence as moot because Defendant had already completed serving the custodial sentence he attempted to challenge on appeal. Defendant pled guilty to unlawfully a...

Anderson v. Brennan  
Date: December 14, 2018
Docket Numbers: 17-2162, 17-2170

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court concluding that Plaintiff was not discriminated against but that Defendant’s decision to terminate her employment, rather than impose lesser discipline, was i...

Ruiz-Guerrero v. Whitaker  
Date: December 12, 2018
Docket Number: 18-1130

Justia Opinion Summary: The First Circuit denied Petitioner’s appeal of an order of the Board of Immigration Appeals (BIA) denying her request for deferral of removal under the United Nations Convention Against Torture (CAT), holding holding th...

Smith v. State of Maine Bureau of Revenue Services  
Date: December 12, 2018
Docket Number: 18-1573

Justia Opinion Summary: At issue was whether 11 U.S.C. 362(c)(3)(A) terminates the automatic stay as to actions against property of the bankruptcy estate. Maine’s Bureau of Revenue Services (MRS) had a claim for a tax debt owed by Leland Smith...

Sinapi v. Rhode Island Board of Bar Examiners  
Date: December 11, 2018
Docket Numbers: 16-2251, 16-2261

Justia Opinion Summary: In this case against members of the Rhode Island Board of Bar Examiners the First Circuit reversed the district court’s grant of attorneys’ fees in favor of Plaintiff and affirmed the court’s dismissal of Plaintiff’s ame...

J.S. v. The Westerly School District
Date: December 11, 2018
Docket Numbers: 17-1311, 17-1817
United States v. Obiora  
Date: December 11, 2018
Docket Number: 17-1569

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction of conspiracy to possess with intent to distribute heroin and sentence of 120 months’ imprisonment followed by thirty-six months of supervised release, holding that there...

Mendez v. Sessions  
Date: December 11, 2018
Docket Number: 18-1314

Justia Opinion Summary: The First Circuit denied Petitioner’s petition seeking judicial review of an order of the Board of Immigration Appeals (BIA) dismissing his application for asylum, holding that substantial evidence supported the BIA’s de...

J.S. v. Westerly School District  
Date: December 7, 2018
Docket Numbers: 17-1311, 17-1817

Justia Opinion Summary: The First Circuit dismissed as moot a school district’s challenge to the district court’s order compelling the school district to determine a student’s eligibility for an Individualized Education Program (IEP) without fi...

United States v. Morillo  
Date: December 4, 2018
Docket Number: 17-1506

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence of 168 months in prison imposed in connection with his guilty plea to conspiracy to distribute and possess with intent to distribute oxycodone and cocaine, holding that Def...

US v. Reyes-Rivas
Date: December 3, 2018
Docket Number: 16-2008
In Re: Grand Jury Subpoena v.
Date: December 3, 2018
Docket Number: 18-1464
Conduragis v. Prospect CharterCARE, LLC  
Date: November 30, 2018
Docket Number: 18-1009

Justia Opinion Summary: The First Circuit reversed the decision of the district court denying Defendants’ motion to dismiss Plaintiff’s complaint and compel arbitration based on the parties’ signed arbitration agreement, holding that, contrary...

Hardy v. Maloney  
Date: November 30, 2018
Docket Number: 18-1278

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying the petition for a writ of habeas corpus filed by Appellant, who was serving a life sentence in a state correctional facility, holding that the state...

Britto v. Prospect CharterCare SJHSRI, LLC  
Date: November 30, 2018
Docket Number: 18-1422

Justia Opinion Summary: The First Circuit affirmed the district judge’s order sending Appellant’s case to arbitration, holding that the arbitration agreement between the parties was enforceable and did not fail for lack of consideration or unco...

Applebee v. Berryhill
Date: November 30, 2018
Docket Number: 18-1510
United States v. Reyes-Rivas  
Date: November 28, 2018
Docket Number: 16-2008

Justia Opinion Summary: The First Circuit vacated Defendant’s sentence of seventy-seven months’ imprisonment and remanded this case for further proceedings, holding that, under the Jones Act, 48 U.S.C. 864, the district court impermissibly cons...

United States v. Rodriguez-Rosado  
Date: November 28, 2018
Docket Number: 17-1530

Justia Opinion Summary: The First Circuit affirmed the district court’s order denying Defendant’s motion for a sentence reduction, holding that the district court did not abuse its discretion in denying Defendant’s motion. Defendant pleaded gu...

Thomas v. Town of Salisbury  
Date: November 28, 2018
Docket Number: 18-1102

Justia Opinion Summary: The First Circuit affirmed the decision of the district court granting summary judgment in favor of Defendants on Plaintiff’s claim that Defendants conspired against him and violated the Massachusetts Civil Rights Act (M...

Mancini v. City of Providence  
Date: November 21, 2018
Docket Number: 18-1011

Justia Opinion Summary: The First Circuit affirmed the decision of the district court granting summary judgment to the City of Providence, Rhode Island (the City) as to Plaintiff’s complaint for discrimination under the Americans with Disabilit...

In re Grand Jury Subpoena  
Date: November 21, 2018
Docket Number: 18-1464

Justia Opinion Summary: The First Circuit granted a writ of advisory mandamus sought by the Rhode Island Department of Education and Training (Department) and directed the district court to vacate its denial of a motion to quash a federal grand...

United States v. Davis  
Date: November 20, 2018
Docket Number: 17-1692

Justia Opinion Summary: The First Circuit affirmed the district court’s denial of Defendant’s motion to suppress and affirmed Defendant’s conviction of one count of possession of a firearm by a convicted felon, holding (1) there was no basis on...

United States v. Vicente  
Date: November 20, 2018
Docket Number: 17-2144

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence imposed after he pleaded guilty to conspiracy to distribute and possess with intent to distribute oxycodone, holding that there was no error in the proceedings below. On a...

Burgos-Yantin v. Municipality of Juana Diaz  
Date: November 19, 2018
Docket Number: 14-1359

Justia Opinion Summary: The First Circuit affirmed the order of the district court exercising its ancillary jurisdiction to enforce a resolution issue by the Puerto Rico Secretary of Justice (Secretary) directing the Municipality of Juana Diaz...

Pineda v. Whitaker  
Date: November 19, 2018
Docket Number: 18-1162

Justia Opinion Summary: The First Circuit upheld the rejection of Petitioner’s motion to reopen his removal proceedings by the Board of Immigration Appeals (BIA) and denied his petition for judicial review, holding that Petitioner failed to dem...

Begin v. Drouin  
Date: November 16, 2018
Docket Number: 17-1451

Justia Opinion Summary: The First Circuit affirmed in part and dismissed in part Defendant’s interlocutory appeal from the district court’s denial of her motion for summary judgment arguing that she was immune to Plaintiff’s damage claims, hold...

Avelar Gonzalez v. Whitaker  
Date: November 15, 2018
Docket Number: 18-1122

Justia Opinion Summary: The First Circuit denied in part and dismissed in part Petitioner’s petition for judicial review of a Board of Immigration Appeals (BIA) decision affirming an immigration judge’s (IJ) denial of his requests for asylum, f...

Brotherston v. Putnam Investments
Date: November 13, 2018
Docket Number: 17-1711
US v. Ackell
Date: November 13, 2018
Docket Number: 17-1784
Gould v. Morgan  
Date: November 2, 2018
Docket Number: 17-2202

Justia Opinion Summary: The First Circuit affirmed the decision of the district court granting summary judgment in favor of Defendants on Plaintiffs’ claims that the Massachusetts firearms licensing statute, as implemented in the communities of...

K.L. v. Rhode Island Board of Education  
Date: October 29, 2018
Docket Number: 17-1517

Justia Opinion Summary: The First Circuit vacated the decision of the district court and remanded this case for entry of judgment in favor of Plaintiff and for remedial proceedings, holding that the district court erred in finding that Rhode Is...

Zingg v. Groblewski  
Date: October 29, 2018
Docket Number: 17-2115

Justia Opinion Summary: The First Circuit affirmed the district court’s decision granting Defendants’ motion for summary judgment on Plaintiff’s 42 U.S.C. 1983 claim and dismissing Plaintiff’s Massachusetts state law negligence claim without pr...

United States v. Mangual-Rosado  
Date: October 26, 2018
Docket Number: 17-1726

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence of thirty months’ imprisonment for possessing a firearm while being an unlawful user of a controlled substance, holding that the sentence was neither procedurally nor subst...

Kuffour v. Sessions  
Date: October 26, 2018
Docket Number: 17-1855

Justia Opinion Summary: The First Circuit denied Petitioner’s petition for review challenging the Board of Immigration Appeals’ (BIA) denial of his motion to reconsider its order refusing to open his case, holding that the BIA did not abuse its...

United States v. Orsini  
Date: October 26, 2018
Docket Number: 17-2042

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence to a 188-month term of immurement, holding that Defendant waived his “career offender” argument and made no showing sufficient to excuse that waiver. Defendant pleaded gui...

Brotherston v. Putnam Investments
Date: October 25, 2018
Docket Number: 17-1711
Williams v. American Honda Finance Corp.  
Date: October 24, 2018
Docket Number: 16-1275

Justia Opinion Summary: The First Circuit affirmed in part, reversed in part, and vacated in part the district court’s entry of summary judgment in favor of American Honda Finance Corporation (Honda) on Plaintiff’s putative class action allegin...

United States v. Ackell  
Date: October 24, 2018
Docket Number: 17-1784

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction of one counts of stalking in violation 18 U.S.C. 2216A, holding that Defendant’s constitutional challenge was unsuccessful, there was no error in the district court’s jur...

United States v. Oliveira  
Date: October 24, 2018
Docket Number: 17-2102

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence imposed in connection with his plea of guilty to being a felon in possession of a handgun and twenty rounds of ammunition, holding that there was no error in the sentence f...

LP Solutions LLC v. Duchossois  
Date: October 24, 2018
Docket Number: 18-1351

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing this contract action for lack of personal jurisdiction over the defendants in Maine, holding that the district court did not err in concluding that...

Klimowicz v. Deutsche Bank National Trust Co.  
Date: October 19, 2018
Docket Number: 17-1916

Justia Opinion Summary: The First Circuit affirmed the district court’s order dismissing the case brought by Plaintiff seeking to have the district court address the same grievances she brought without success in the Massachusetts state courts,...

Conlogue v. Hamilton
Date: October 19, 2018
Docket Number: 17-2210
US v. Douglas
Date: October 19, 2018
Docket Number: 18-1129
Brotherston v. Putnam Investments, LLC  
Date: October 15, 2018
Docket Number: 17-1711

Justia Opinion Summary: The First Circuit vacated the judgment of the district court in part ruling in favor of Putnam Investments, LLC and other fiduciaries of Putnam’s defined-contribution 401(k) retirement plan on Plaintiffs’ lawsuit claimin...

United States v. Hernandez-Ramos  
Date: October 15, 2018
Docket Number: 17-1779

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence of sixty months in prison following his guilty plea to being a felon in possession of a firearm and unlawfully possessing a machine gun, holding that there was no error in...

Teamsters Union 25 Health Services & Insurance Plan v. Warner Chilcott Limited  
Date: October 15, 2018
Docket Number: 18-1065

Justia Opinion Summary: The First Circuit reversed the district court’s certification of a class of all purchasers of Asacol, including purchasers who had not suffered any injury attributable to Defendants’ allegedly anticompetitive behavior, h...

Brown v. United States  
Date: October 12, 2018
Docket Number: 16-1293

Justia Opinion Summary: The First Circuit denied Petitioner’s application seeking permission to file a successive motion under 28 U.S.C. 2255 to vacate her conviction and sentence for possessing a destructive device during and in relation to an...

Johnson v. Boston Public Schools  
Date: October 12, 2018
Docket Number: 16-2122

Justia Opinion Summary: The First Circuit affirmed the district court’s decision upholding the determination of the Massachusetts Bureau of Special Education Appeals (BSEA) ruling against all of Plaintiff’s claims seeking placement for her mino...

Ellicott v. American Capital Energy, Inc.  
Date: October 12, 2018
Docket Number: 17-1421

Justia Opinion Summary: The First Circuit affirmed the district court’s judgment in favor of Stephen Elliott on his suit against American Capital Energy, Inc. (ACE) and its two principals (collectively, Appellants) claiming breach of contract a...

United States v. Romero  
Date: October 12, 2018
Docket Number: 17-1706

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence of 276 months in prison for conspiracy to commit kidnapping, holding that the sentence was neither procedurally flawed nor substantively unreasonable. After Defendant plea...

United States v. Naphaeng  
Date: October 12, 2018
Docket Numbers: 17-1800, 18-1126

Justia Opinion Summary: The First Circuit affirmed the sentence imposed upon Defendant, a convicted fraudster, particularly the restitution order entered pursuant to the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. 3663A, in the amount o...

United States v. Douglas  
Date: October 12, 2018
Docket Number: 18-1129

Justia Opinion Summary: At issue was whether it is appropriate to use the categorical approach in determining what is a “crime of violence” under 18 U.S.C. 924(c)(3)(b). The First Circuit affirmed the district court’s denial of Appellant’s mo...

Conlogue v. Hamilton  
Date: October 11, 2018
Docket Number: 17-2210

Justia Opinion Summary: In this case arising from the fatal shooting of an armed civilian by a state trooper, the First Circuit affirmed the district court’s grant of summary judgment to Defendant, holding that Defendant was entitled to qualifi...

Insite Corp. Inc. v. Walsh Construction Co. Puerto Rico  
Date: October 5, 2018
Docket Number: 17-1436

Justia Opinion Summary: At issue in this bankruptcy case was whether a defaulting subcontractor who has no contractual right to compensation is nonetheless entitled to an equitable recovery if the general contractor has benefited at the subcont...

Woodward v. US
Date: October 3, 2018
Docket Number: 17-2114
Bebo v. Medeiros  
Date: October 3, 2018
Docket Number: 17-2218

Justia Opinion Summary: The First Circuit affirmed the district court’s dismissal of Appellant’s habeas petition, holding that the state court ruling challenged in this case was neither contrary to nor an unreasonable application of clearly est...

US v. Mayendia-Blanco
Date: September 28, 2018
Docket Number: 17-1404
Knox v. Vanguard Group, Inc.
Date: September 28, 2018
Docket Number: 18-1110
Bonilla-Ramirez v. MVM, Inc.
Date: September 26, 2018
Docket Number: 17-1512
US v. Pineda Mateo
Date: September 26, 2018
Docket Number: 17-1857
Woodward v. US  
Date: September 26, 2018
Docket Number: 17-2114

Justia Opinion Summary: In 1996, a jury convicted former Massachusetts state representative Francis Woodward of, among other crimes, honest-services mail and wire fraud. He appealed the district court's denial of his most recent petition for a...

Scholz v. Goudreau
Date: September 25, 2018
Docket Numbers: 17-1264, 17-1316
United States v. Mayendia-Blanco  
Date: September 25, 2018
Docket Number: 17-1404

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence of twenty-one months’ imprisonment imposed in connection with Defendant’s conviction of making and conspiring to make false statements on a mortgage loan application, holdi...

United States v. Vallellanes-Rosa  
Date: September 20, 2018
Docket Number: 17-1541

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence of 154 months’ imprisonment, holding that the sentence was both procedurally and substantively reasonable. Defendant pleaded guilty to carjacking with the intent to cause...

US v. Garcia-Ortiz
Date: September 18, 2018
Docket Number: 16-1405
United States v. Pineda-Mateo  
Date: September 18, 2018
Docket Number: 17-1857

Justia Opinion Summary: The First Circuit affirmed the conclusion of the district court that recognition of a “joint participant” exception to the spousal testimonial privilege is not warranted. The joint participant exception to the evidentia...

United States v. Garcia-Ortiz  
Date: September 17, 2018
Docket Number: 16-1405

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction stemming from an armed robbery committed in Puerto Rico and the sentence imposed, holding that armed robbery committed in violation of the Hobbs Act, 18 U.S.C. 1951, qual...

United States v. Russell  
Date: September 17, 2018
Docket Numbers: 16-2386, 16-2392

Justia Opinion Summary: The First Circuit vacated the district court’s denial of Defendants’ motion for a new trial based partly on a claim that one juror lied in filling out the written questionnaire given to prospective jurors prior to trial,...

United States v. Cruz-Rivera  
Date: September 14, 2018
Docket Number: 16-1321

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions and sentence for federal carjacking and weapons counts, holding that Defendant’s arguments on appeal failed. Specifically, the Court held (1) the force clause in 18 U.S...

National Federation of the Blind v. Container Store, Inc.  
Date: September 14, 2018
Docket Number: 16-2112

Justia Opinion Summary: In this case alleging several violations of federal and state discrimination laws the First Circuit affirmed the decision of the district court denying Defendant’s motion to stay the proceedings in district court and com...

Bonilla-Ramirez v. MVM, Inc.  
Date: September 14, 2018
Docket Number: 17-1512

Justia Opinion Summary: The First Circuit affirmed the district court’s grant of summary judgment to MVM, Inc. as to a former employee’s claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000, et seq., and related Puerto Rico la...

United States v. Brake  
Date: September 14, 2018
Docket Numbers: 17-1978, 17-1979

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court applying a two-level enhancement for possession of a stolen firearm and a four-level enhancement for using a firearm in connection with another felony in calc...

Plixer International, Inc. v. Scrutinizer GMBH  
Date: September 13, 2018
Docket Number: 18-1195

Justia Opinion Summary: The First Circuit affirmed the decision of the district court that the exercise of specific personal jurisdiction against a German corporation did not offend the Fifth Amendment’s Due Process Clause, holding that on the...

United States v. Ocean  
Date: September 11, 2018
Docket Numbers: 16-2468, 17-1183

Justia Opinion Summary: The First Circuit affirmed the convictions of Akeen Ocean and Jermaine Mitchell for conspiracy to distribute and possess with intent to distribute cocaine base and Ocean’s sentence of 120 months’ imprisonment with three...

United States v. Irizarry-Rosario  
Date: September 10, 2018
Docket Number: 17-1117

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court sentencing Defendant to eighty-four months’ incarceration for possessing firearms in furtherance of a drug trafficking crime, holding that the government did...

Aguilar de Guillen v. Sessions
Date: September 10, 2018
Docket Number: 17-2095
Doe v. Harvard Pilgrim Health Care, Inc.  
Date: September 6, 2018
Docket Number: 17-2078

Justia Opinion Summary: The First Circuit reversed in part, vacated in part, and remanded for further proceedings the district court’s denial of Plaintiff’s challenge of Harvard Pilgrim Health Care’s (HPHC) denial of coverage for the cost of Pl...

United States v. Freitas  
Date: September 6, 2018
Docket Number: 17-2092

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for bulk-cash smuggling and currency structuring, holding that no reversible error occurred during the proceedings below. Specifically, the Court held (1) Defendant fai...

Rivera v. Sessions  
Date: September 6, 2018
Docket Number: 18-1243

Justia Opinion Summary: The First Circuit dismissed Petitioner’s petition for review of a Board of Immigration Appeals (BIA) final decision denying his application for cancellation of removal, holding that the Court lacked jurisdiction over Pe...

Boudreau v. Lussier
Date: September 4, 2018
Docket Number: 16-1049
Scholz v. Goudreau
Date: September 4, 2018
Docket Numbers: 17-1264, 17-1316
Lemelson v. Bloomberg L.P.
Date: September 4, 2018
Docket Number: 17-1620
Lemelson v. Bloomberg L.P.  
Date: August 30, 2018
Docket Number: 17-1620

Justia Opinion Summary: The First Circuit affirmed the district court’s dismissal of Plaintiff’s suit against Bloomberg News and authors of an article Plaintiff claimed rendered Bloomberg liable for several common-law torts, including defamatio...

Narragansett Indian Tribe v. Rhode Island Department of Transportation  
Date: August 30, 2018
Docket Number: 17-1951

Justia Opinion Summary: The First Circuit affirmed the district court’s dismissal of the complaint filed by the Narragansett Indian Tribe against federal and Rhode Island agencies concerning a highway bridge reconstruction over historic tribal...

Perry v. Spencer
Date: August 29, 2018
Docket Number: 16-2444
Campbell v. Ackerman  
Date: August 29, 2018
Docket Number: 17-1927

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court excluding certain evidence during trial in this case alleging violations of the Fourth Amendment and 42 U.S.C. 1983, holding that Plaintiff’s grounds for atta...

US v. Bain
Date: August 27, 2018
Docket Number: 16-1140
Gustavsen v. Alcon Laboratories, Inc.  
Date: August 27, 2018
Docket Number: 17-2066

Justia Opinion Summary: The First Circuit held that federal law requires prior FDA approval for a manufacturer of prescription eye drops to change the medication’s bottle so as to alter the amount of medication dispensed into the eye, and there...

Aguilar-de Guillen v. Sessions  
Date: August 27, 2018
Docket Number: 17-2095

Justia Opinion Summary: The First Circuit affirmed the opinion of the Board of Immigration Appeal (BIA) affirming an Immigration Judge’s (IJ) denial of Petitioner’s application seeking asylum relief, withholding of removal under the Immigration...

United States v. Rivera-Berrios  
Date: August 24, 2018
Docket Number: 17-1212

Justia Opinion Summary: At issue was whether a sentencing court may assess criminal history points for a prison sentence imposed following revocation of probation when the revocation-triggering conduct also constitutes the gravamen of the feder...

Torres-Pagan v. Berryhill
Date: August 24, 2018
Docket Number: 17-2146
Harry v. Countrywide Home Loans, Inc.  
Date: August 23, 2018
Docket Numbers: 16-2380, 17-1101

Justia Opinion Summary: In this action filed by Plaintiffs seeking to enjoin their property’s foreclosure sale, the First Circuit affirmed the district court’s dismissal of Plaintiffs’ complaint under Fed. R. Civ. P. 12(b)(6) and the denial of...

Boudreau v. Lussier  
Date: August 21, 2018
Docket Number: 16-1049

Justia Opinion Summary: The First Circuit affirmed the district court’s grant of summary judgment in favor of Defendants on Plaintiff’s claims brought under 42 U.S.C. 1983 and the Electronic Communications Privacy Act, holding that there was no...

United States v. Arias-Mercedes  
Date: August 21, 2018
Docket Number: 17-1229

Justia Opinion Summary: After addressing how a district court should apply the Sentencing Commission’s revised commentary regarding mitigating role adjustments the First Circuit affirmed Defendant’s sentence to eighty-seven months of imprisonme...

Scholz v. Goudreau  
Date: August 21, 2018
Docket Numbers: 17-1264, 17-1316

Justia Opinion Summary: The First Circuit affirmed the district court’s summary judgment findings, evidentiary rulings, and denials of various motions on claims brought by a member of the rock band BOSTON against a former BOSTON guitarist alleg...

Scholz v. Goudreau
Date: August 21, 2018
Docket Number: 17-1316
United Food & Commercial Workers Unions & Employers Midwest Health Benefits Fund v. Novartis Pharmaceuticals Corp.  
Date: August 21, 2018
Docket Numbers: 17-1714, 17-1776

Justia Opinion Summary: In these consolidated appeals from orders dismissing two putative antitrust class actions, the First Circuit affirmed the judgment of the district court holding that purchasers of a brand-name prescription drug had not p...

Richard v. Regional School Unit 57  
Date: August 21, 2018
Docket Number: 17-2200

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court for Regional School Unit 57 (RSU 57) on Charlene Richard’s claims that RSU 57 violated the Americans With Disabilities Act, Rehabilitation Act, Maine Human Ri...

United States v. Villodas-Rosario  
Date: August 20, 2018
Docket Number: 15-1981

Justia Opinion Summary: After addressing the proper standard for evaluating the enforceability of an appellate waiver the First Circuit dismissed Appellant’s appeal challenging the procedural and substantive reasonableness of his sentence, hold...

Newman v. Lehman Brothers Holdings Inc.  
Date: August 20, 2018
Docket Number: 15-2239

Justia Opinion Summary: The First Circuit affirmed the dismissal of Plaintiff’s retaliation claims as pertains to a handful of the original defendants in this case, holding that the district court did not err in dismissing the claims pursuant t...

Soto-Cintron v. United States  
Date: August 20, 2018
Docket Number: 17-1180

Justia Opinion Summary: The First Circuit affirmed the district court’s grant of summary judgment in favor of the government on Plaintiff’s claim under the Federal Tort Claims Act (FTCA) for false imprisonment, holding that while the decision o...

US v. Madera-Rivera
Date: August 20, 2018
Docket Number: 17-1319
Lemus v. Sessions
Date: August 20, 2018
Docket Number: 17-2068
Mondol v. Somerville, MA
Date: August 20, 2018
Docket Number: 17-2076
United States v. Valdes-Ayala  
Date: August 15, 2018
Docket Number: 16-1002

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions and the order of restitution imposed by the trial court but vacated the sentence of incarceration and remanded for resentencing, holding that the trial judge erred when...

Sihotang v. Sessions  
Date: August 15, 2018
Docket Number: 17-2183

Justia Opinion Summary: The First Circuit granted Petitioner’s petition for judicial review of the decision of the Board of Immigration Appeals (BIA) denying Petitioner’s motion to reopen his removal proceedings, holding that the BIA overlooked...

United States v. Gierbolini-Rivera  
Date: August 14, 2018
Docket Number: 15-2076

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence for wire fraud and theft in connection with health care, holding that Defendant’s upwardly variant sentence was both procedurally and substantively reasonable. Defendant p...

United States v. Sosa-Gonzalez  
Date: August 14, 2018
Docket Number: 17-2005

Justia Opinion Summary: The First Circuit affirmed the sentence imposed in connection with Defendant’s plea of guilty to one count of being a felon in possession of a firearm and ammunition and one count of possession of a machine gun, holding...

Lemus v. Sessions  
Date: August 14, 2018
Docket Number: 17-2068

Justia Opinion Summary: The First Circuit (1) denied Petitioners’ petition for review as to their challenge to the determination of the Board of Immigration Appeals (BIA) that Petitioners' motion to reopen a removal order was untimely and numbe...

Sexual Minorities Uganda v. Lively  
Date: August 10, 2018
Docket Number: 17-1593

Justia Opinion Summary: The First Circuit dismissed this appeal in part for want of appellate jurisdiction and otherwise affirmed the district court’s dismissal of the underlying action asserting a claim under the Alien Tort Statute (ATS), 28 U...

Carlson v. University of New England  
Date: August 10, 2018
Docket Number: 17-1792

Justia Opinion Summary: The First Circuit reversed in part the district court’s grant of summary judgment against Plaintiff, a faculty member, on her claim of retaliation under Title VII and the Maine Human Rights Act against Defendant, the uni...

Medical Mutual Insurance Co. of Maine v. Burka  
Date: August 10, 2018
Docket Number: 17-1872

Justia Opinion Summary: In this declaratory judgment action filed by a professional liability insurer seeking to establish that it had no duty to defend its insured in two state court proceedings, the First Circuit affirmed the judgment of the...

Lassend v. US
Date: August 10, 2018
Docket Number: 17-1900
United States v. Perez-Crisostomo  
Date: August 10, 2018
Docket Number: 17-1914

Justia Opinion Summary: The First Circuit affirmed the 121-month sentence imposed in connection with Defendant's plea of guilty to conspiracy to distribute cocaine and cocaine base, holding that the district court correctly calculated Defendant...

United States v. Reid  
Date: August 10, 2018
Docket Number: 17-2021

Justia Opinion Summary: The First Circuit affirmed the sentenced imposed in connection with Defendant’s guilty plea to possession with intent to distribute, holding that Defendant’s sentence was not substantively unreasonable and that there was...

Puerto Rico Elec. Power Auth. v. Ad Hoc Group-PREPA Bondholders
Date: August 10, 2018
Docket Number: 17-2079
United States v. Harrison  
Date: August 10, 2018
Docket Number: 17-2088

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence of 120 months’ imprisonment followed by lifetime supervised release imposed in connection with Defendant’s plea of guilty to possession of child pornography, holding that D...

Torres-Pagan v. Berryhill  
Date: August 10, 2018
Docket Number: 17-2146

Justia Opinion Summary: The First Circuit vacated and remanded the district court’s order upholding an administrative law judge’s (ALJ) conclusion that although Appellant had previously been eligible for Supplemental Security Income (SSI) benef...

Peaje Investments LLC v. PR Highways and Transportation
Date: August 10, 2018
Docket Numbers: 17-2165, 17-2167, 17-2166
Puerto Rico Electric Power Authority (PREPA) v. Ad Hoc Group of PREPA Bondholders  
Date: August 8, 2018
Docket Number: 17-2079

Justia Opinion Summary: The First Circuit vacated the district court’s order denying the request for relief from a stay of actions against PREPA sought by holders of revenue bonds issued by PREPA (the bondholders), holding that the district cou...

Peaje Investments LLC v. Puerto Rico Highways & Transportation Authority  
Date: August 8, 2018
Docket Numbers: 17-2165, 17-2167, 17-2166

Justia Opinion Summary: In this consolidated appeal from adversary proceedings challenging an alleged diversion of funds to which Peaje Investments LLC (Peaje) claimed it was entitled, the First Circuit held that Peaje did not hold a statutory...

United States v. Acevedo-Hernandez  
Date: August 6, 2018
Docket Number: 15-1763

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction and sentence for participating in a conspiracy to bribe an agent of an organization receiving federal funds and of receiving a bribe, holding that there was no error or a...

Del Grosso v. Surface Transportation Board  
Date: August 6, 2018
Docket Number: 17-1794

Justia Opinion Summary: In this action brought under the Interstate Commerce Commission Termination Act (ICCTA) the First Circuit denied the petition for review filed by Petitioners, holding that the Surface Transportation Board (STB) did not e...

United States v. Sirois  
Date: August 6, 2018
Docket Number: 17-1797

Justia Opinion Summary: The First Circuit affirmed the sentence imposed in connection with the district court’s revocation of Defendant’s supervised release, holding that Defendant’s sentence did not violate the Eighth Amendment’s prohibition o...

Jimenez-Castaner v. Liberty Mutual Insurance Co.  
Date: August 2, 2018
Docket Number: 15-2138

Justia Opinion Summary: The First Circuit vacated the district court’s grant of Liberty Mutual Insurance Company’s summary judgment motion in this case alleging that Liberty breached Plaintiff’s contractual rights by wrongfully denying his requ...

United States v. Madera-Rivera  
Date: August 2, 2018
Docket Number: 17-1319

Justia Opinion Summary: The First Circuit affirmed Defendant’s 180-month sentence for conspiracy to possess five kilograms or more of cocaine with intent to distribute, holding that the district court’s failure to impose a downward departure or...

Lassend v. United States  
Date: August 2, 2018
Docket Number: 17-1900

Justia Opinion Summary: The First Circuit affirmed the district court’s denial of Appellant’s 28 U.S.C. 2255 petition, holding that Appellant’s three prior convictions were Armed Career Criminal Act (ACCA) predicates, and therefore, Appellant’s...

US v. Fernandez-Jorge
Date: August 1, 2018
Docket Number: 15-1900
Rojas-Buscaglia v. Taburno-Vasarhelyi
Date: August 1, 2018
Docket Number: 16-2343
Rivera-Rivera v. Medina & Medina, Inc.  
Date: August 1, 2018
Docket Number: 17-1191

Justia Opinion Summary: The First Circuit affirmed in part and reversed in part the district court’s grant of summary judgment in favor of Medina & Medina, Inc. in this employment discrimination lawsuit, holding that summary judgment was proper...

Micheo-Acevedo v. Stericycle of Puerto Rico, Inc.  
Date: July 27, 2018
Docket Number: 17-1431

Justia Opinion Summary: The First Circuit affirmed the order granting summary judgment to Stericycle of Puerto Rico and other defendants on Plaintiff’s claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and dismiss...

US v. Serrano-Acevedo, US v. Diaz-Jimenez
Date: July 26, 2018
Docket Numbers: 16-2009, 16-2049
City of Taunton v. U.S. Environmental Protection
Date: July 25, 2018
Docket Number: 16-2280
US v. Rose, US v. Weems, US v. Sabetta, US v. Rodriguez
Date: July 25, 2018
Docket Numbers: 17-1059, 17-1067, 17-1064, 17-1066
United States v. Cates  
Date: July 25, 2018
Docket Number: 17-1423

Justia Opinion Summary: The First Circuit affirmed Defendant’s 120-month prison sentence, holding that the district court did not err in imposing a five-level enhancement for “engag[ing] in a pattern of activity involving the sexual abuse or ex...

Fustolo v. The Patriot Group LLC
Date: July 25, 2018
Docket Number: 17-1984
Rojas-Buscaglia v. Taburno-Vasarhelyi  
Date: July 24, 2018
Docket Number: 16-2343

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court in favor of Defendant on several of her counterclaims against her business partner (Plaintiff) and awarding Defendant more than $400,000 in damages, ordering...

Martinez-Perez v. Sessions  
Date: July 24, 2018
Docket Number: 17-1285

Justia Opinion Summary: The First Circuit denied Petitioner’s petition for judicial review of a decision of the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ) denial of Petitioner’s applications for asylum, withholdin...

United States v. Tosi  
Date: July 24, 2018
Docket Number: 17-1340

Justia Opinion Summary: The First Circuit affirmed the sentence imposed upon Defendant in connection with his plea of guilty to possessing a firearm while subject to a qualifying court order, holding that Defendant failed to show that the distr...

Foley v. Wells Fargo Bank, N.A.
Date: July 24, 2018
Docket Number: 17-1631
United States v. Frates  
Date: July 18, 2018
Docket Number: 16-1933

Justia Opinion Summary: Although the district court did not err in its application of the United States Sentencing Guidelines in this case, the First Circuit exercised its discretion under United States v. Godin (Godin II), 522 F.3d 133 (1st Ci...

United States v. Rose  
Date: July 18, 2018
Docket Numbers: 17-1059, 17-1067, 17-1064, 17-1066

Justia Opinion Summary: The First Circuit affirmed the district court’s grant of Defendants’ motions brought under 28 U.S.C. 2255 to vacate, set aside, or correct their sentences, holding (1) the Rhode Island offense of assault with a dangerous...

United States v. Caballero-Vazquez  
Date: July 18, 2018
Docket Numbers: 17-1144, 17-1247

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentences imposed in connection with his convictions for possession ammunition as a convicted felon (the felon in possession case) and for possessing a machine gun (the machine gun...

United States v. Morales-De Jesus  
Date: July 18, 2018
Docket Number: 17-1549

Justia Opinion Summary: The First Circuit affirmed the sentence imposed in connection with Appellant’s convictions, holding that the district court’s application of a four-level leadership enhancement under U.S.S.G. 3B1.1(a) was proper and that...

United States v. Arif  
Date: July 18, 2018
Docket Number: 17-1597

Justia Opinion Summary: The First Circuit affirmed Appellant’s conviction for wire fraud and his sentence, holding (1) Congress did not impliedly repeal the wire fraud statute, 18 U.S.C. 1343, as to prosecutions that also fall within the reach...

United States v. Pinkham  
Date: July 18, 2018
Docket Number: 17-1664

Justia Opinion Summary: The First Circuit summarily affirmed Defendant’s 240-month incarcerative sentence, holding that the district court did not hold Defendant responsible for an incorrect drug quantity or improperly count two prior convictio...

United States v. Romero  
Date: July 18, 2018
Docket Number: 17-1702

Justia Opinion Summary: The First Circuit vacated Defendant’s sentence and remanded for resentencing, holding that the presentencing report erroneously applied an enhancement, but for which his United States Sentencing Guidelines range would ha...

Doe v. Brown University  
Date: July 18, 2018
Docket Number: 17-1941

Justia Opinion Summary: The First Circuit affirmed the district court’s grant of Brown University’s motion for judgment on the pleadings in this case brought by a college student alleging that she was sexually assaulted by three students of Bro...

United States v. Barbosa  
Date: July 16, 2018
Docket Number: 17-1284

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction and sentence, holding that the district court did not err in refusing to order a pretrial hearing to test the sufficiency of probable cause allegations supporting an arre...

Justo v. Sessions  
Date: July 16, 2018
Docket Number: 17-1457

Justia Opinion Summary: The First Circuit remanded this case to the Board of Immigration Appeals (BIA) for reconsideration of Petitioner’s eligibility for asylum, holding that the BIA committed several errors in its review of the decision of th...

US v. Powell
Date: July 16, 2018
Docket Number: 17-1683
Fustolo v. Patriot Group LLC  
Date: July 16, 2018
Docket Number: 17-1984

Justia Opinion Summary: The First Circuit reversed the judgment of the bankruptcy court allowing The Patriot Group, LLC to amend its pleadings in its adversary complaint requesting denial of the discharge in bankruptcy of Steven Fustolo’s debt...

US v. Cabrera-Rivera
Date: July 11, 2018
Docket Number: 15-1337
Sindi v. El-Moslimany  
Date: July 11, 2018
Docket Number: 16-2347

Justia Opinion Summary: The issues before the First Circuit were (1) the power of a court to impose a prior restraint in the form of a permanent injunction forbidding the publication of words that the court believes have been used to defame the...

Tang v. Citizens Bank
Date: July 11, 2018
Docket Numbers: 17-1365, 17-1523
Acosta v. Local Union 26, UNITE HERE  
Date: July 11, 2018
Docket Number: 17-1666

Justia Opinion Summary: In this case brought under section 104 of the Labor-Management Reporting and Disclosure Act of 1959 (the LMRDA), 29 U.S.C. 414, the First Circuit affirmed the district court’s holding that a union member’s statutory righ...

Hajdusek v. United States  
Date: July 11, 2018
Docket Number: 17-2137

Justia Opinion Summary: The First Circuit affirmed the district court’s conclusion that the discretionary function exception to the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), barred Appellant’s suit under the circumstances of this ca...

United States v. Pagan-Romero  
Date: July 9, 2018
Docket Number: 16-1396

Justia Opinion Summary: The district court’s decision to grant the jury’s oral request, made during deliberations, for a dictionary was improper, but under the circumstances of this case, the judge did not abuse his discretion in denying Appell...

City of Taunton v. United States Environmental Protection Agency  
Date: July 9, 2018
Docket Number: 16-2280

Justia Opinion Summary: The First Circuit upheld the decision of the Environmental Protection Agency (EPA) to impose a limit - through a National Pollutant Discharge Elimination System permit - on the amount of nitrogen that the Taunton Wastewa...

United States v. Acosta-Joaquin  
Date: July 2, 2018
Docket Number: 17-1379

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction for social security fraud stemming from his fraudulent use of a social security number not his own, holding that the evidence was sufficient to sustain a conviction. On...

MAZ Partners LP v. Shear  
Date: July 2, 2018
Docket Numbers: 17-1821, 17-1904

Justia Opinion Summary: The First Circuit addressed questions that were “intricate, entangled, and in some instances novel” in this case implicating Massachusetts law. The questions included (1) whether a non-majority shareholder who also ser...

Cortes-Ramos v. Martin-Morales  
Date: June 27, 2018
Docket Number: 16-2456

Justia Opinion Summary: The district court erred in granting Defendant’s motion to dismiss, based on an arbitration provision, Plaintiff’s claims that Defendant violated various articles of the Puerto Rico Civil Code and federal copyright and t...

United States v. Fernandez-Jorge  
Date: June 26, 2018
Docket Numbers: 15-1900, 15-1975, 15-2001, 15-2104, 15-2168, 15-2244

Justia Opinion Summary: The First Circuit affirmed in part, reversed in part, and vacated in part the convictions of Angel Gabriel Fernandez-Jorge, Brian Perez-Torres, Jose A. De La Cruz-Vazquez, Edwin Otero-Díaz, Isaias Mendoza-Ortega, Edwin O...

Cullinane v. Uber Technologies, Inc.  
Date: June 25, 2018
Docket Number: 16-2023

Justia Opinion Summary: The First Circuit reversed the district court’s grant of Uber Technologies, Inc.’s motion to compel arbitration in this putative class action brought by users of Uber’s ride-sharing service in the Boston area, concluding...

United States v. Tineo-Gonzalez  
Date: June 25, 2018
Docket Number: 16-2153

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction for importation of controlled substances, possession with intent to distribute, and conspiracy, holding that by entering an unconditional guilty plea, Defendant forfeited...

Clukey v. Town of Camden, Maine  
Date: June 25, 2018
Docket Number: 17-1120

Justia Opinion Summary: The First Circuit affirmed the district court’s judgment in favor of the Town of Camden, Maine on Plaintiff’s complaint claiming that Camden deprived him of his procedural due process rights when Camden laid him off beca...

United States v. Aquino-Florenciani  
Date: June 25, 2018
Docket Number: 17-1178

Justia Opinion Summary: The First Circuit affirmed the sentenced imposed after Defendant pleaded guilty to both producing and possessing child pornography, holding that Defendant’s claims of error failed. After Defendant pleaded guilty, the di...

Gillis v. Chase  
Date: June 25, 2018
Docket Number: 17-1533

Justia Opinion Summary: The First Circuit affirmed the district court’s dismissal of a complaint filed by George Gillis against William Chase in this third complaint against Chase, Gillis III, seeking to reopen Gillis I. Gillis was operating a...

Lawless v. Steward Health Care System, LLC  
Date: June 25, 2018
Docket Number: 17-2128

Justia Opinion Summary: In this case brought pursuant to the Massachusetts Wage Act, the First Circuit affirmed the judgment of the district court granting summary judgment in favor of Plaintiff. Plaintiff brought an action against Defendant,...

United States v. Cabrera-Rivera  
Date: June 20, 2018
Docket Number: 15-1337

Justia Opinion Summary: In this appeal brought by a criminal defendant challenging the length of his terms of imprisonment and supervised release and several of the supervised release conditions, the First Circuit dismissed the appeal with the...

In re Application of George W. Schlich  
Date: June 20, 2018
Docket Number: 17-1377

Justia Opinion Summary: The First Circuit affirmed the decision of the district court denying Petitioner’s request for discovery from Respondents in relation to opposition proceedings before the European Patent Office (EPO) under 28 U.S.C. 1782...

Mission Product Holdings, Inc v. Tempnology, LLC
Date: June 18, 2018
Docket Number: 16-9016
Dimanche v. Massachusetts Bay Transportation Authority  
Date: June 18, 2018
Docket Number: 17-1169

Justia Opinion Summary: The First Circuit affirmed the entry of a jury verdict awarding over $1.3 in compensatory damages and $1.3 million in punitive damages to Plaintiff, a black female former employee of the Massachusetts Bay Transportation...

United States v. Lee  
Date: June 18, 2018
Docket Number: 17-1490

Justia Opinion Summary: The district court did not err in imposing a 218-month sentence on Defendant for conspiracy to distribute and possession with intent to distribute 100 grams or more of a mixture or substance containing heroin, holding th...

Doherty v. Merck & Co., Inc.  
Date: June 18, 2018
Docket Number: 17-1997

Justia Opinion Summary: Plaintiff was not entitled to relief on her constitutional challenges to Maine’s Wrongful Birth Statute. After she gave birth to a healthy child, Plaintiff brought this lawsuit against Merck & Co., Inc., claiming that a...

United States v. Tanco-Pizarro  
Date: June 13, 2018
Docket Number: 15-2388

Justia Opinion Summary: The First Circuit affirmed the sixty-month sentence Defendant received following the revocation of his supervised release, holding that his sentence was neither procedurally nor substantively unreasonable. In 2010, Defe...

United States v. Serrano-Acevedo  
Date: June 13, 2018
Docket Numbers: 16-2009, 16-2049

Justia Opinion Summary: The First Circuit vacated Virgilio Diaz-Jimenez’s (Diaz) conviction and remanded the cause for further proceedings, holding that the search of Diaz’s home was unconstitutional, and the error was prejudicial. Diaz and He...

United States v. Benitez-Beltran  
Date: June 13, 2018
Docket Number: 17-1161

Justia Opinion Summary: The First Circuit affirmed the 120-month sentence Defendant received after pleading guilty to being a prohibited person in possession of a firearm, holding that the sentence was neither procedurally nor substantively unr...

United States v. Gonzalez-Negron  
Date: June 13, 2018
Docket Number: 17-1302

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction for possessing a firearm in furtherance of a drug trafficking crime, holding that Defendant’s argument that the conviction was invalid owing to the district court’s accep...

Caraballo-Caraballo v. Correctional Administration  
Date: June 8, 2018
Docket Number: 16-1597

Justia Opinion Summary: The district court correctly granted summary judgment to the Defendant regarding Plaintiff’s hostile work environment and retaliation claims but erred in analyzing Plaintiff’s disparate treatment claim. After Plaintiff...

United States v. Rivera-Hernandez  
Date: June 8, 2018
Docket Number: 16-2144

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court in this criminal case, holding that the sentence imposed upon Defendant in connection with his plea of guilty to transporting child pornography was without er...

Doe v. Trustees of Boston College  
Date: June 8, 2018
Docket Number: 16-2290

Justia Opinion Summary: The First Circuit vacated in part the district court’s grant of summary judgment in Defendants’ favor on Plaintiffs’ claims seeking compensatory damages, declaratory relief, a permanent injunction, and expungement of dis...

United States v. Laureano-Perez  
Date: June 8, 2018
Docket Number: 16-2399

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence following his guilty plea to a two-count indictment charging him with possession of a firearm by a convicted felon and unlawful possession of a machine gun. The district c...

United States v. Robles-Pabon  
Date: June 8, 2018
Docket Number: 16-2455

Justia Opinion Summary: The First Circuit vacated the judgment of the district sentencing Defendant to twenty-one months of imprisonment for conspiracy to possess with intent to distribute cocaine and marijuana and seventy-two months of impriso...

United States v. Handa  
Date: June 8, 2018
Docket Number: 17-1961

Justia Opinion Summary: On the facts of the case, the constitutional speedy trial clock began to run from the date of the original indictment rather than from the date of an additional charge first brought in a superseding indictment. A federa...

Congregation Jeshuat Israel v. Congregation Shearith Israel
Date: June 7, 2018
Docket Number: 16-1756
AIG Property Casualty Co. v. Cosby  
Date: June 7, 2018
Docket Number: 17-1505

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court declaring that AIG Property Casualty Company had a duty to defend William H. Cosby, Jr. In 2014 and 2015, nine of the women who had, over the past decade, a...

Internal Revenue Service v. Murphy  
Date: June 7, 2018
Docket Number: 17-1601

Justia Opinion Summary: An employee of the Internal Revenue Service (IRS) “willfully violates” an order from the bankruptcy court discharging the debts of a debtor-taxpayer, as that term is used in 26 U.S.C. 7433(e), when the employee knows of...

Morales-Melecio v. US
Date: June 6, 2018
Docket Number: 16-2064
United States v. Lawson  
Date: June 4, 2018
Docket Number: 16-2263

Justia Opinion Summary: The First Circuit vacated Defendant’s fifteen-year term of supervised release imposed in connection with Defendant’s guilty plea to violating the Sex Offender Registration and Notification Act. On appeal, Defendant arg...

United States v. Melendez-Gonzalez  
Date: June 4, 2018
Docket Numbers: 17-1084, 17-1113

Justia Opinion Summary: The First Circuit affirmed Defendants’ convictions for wire fraud, embezzlement of public money, and conspiracy, holding that there was no merit in any of Defendants’ claims of error. Defendants, members of the United S...

Coskery v. Berryhill  
Date: June 4, 2018
Docket Number: 17-1886

Justia Opinion Summary: The First Circuit affirmed the district court’s order upholding an administrative law judge’s (ALJ) denial of Appellant’s application for Social Security Disability Insurance Benefits and Supplemental Security Income. Th...

Potvin v. Speedway LLC  
Date: June 4, 2018
Docket Number: 17-1993

Justia Opinion Summary: The First Circuit affirmed the district court’s grant of summary judgment for the proprietor of a self-service gas station (Defendant) on a customer’s (Plaintiff) negligence claim. Plaintiff filed suit in a Massachusett...

Rodriguez-Tirado v. Speedy Bail Bonds  
Date: May 30, 2018
Docket Number: 16-2412

Justia Opinion Summary: At issue here was cross-claims arising out of a bail bondsman’s attempt to seize a bailed man who had failed to appear for a court hearing. Rodriguez, the bailed man, left New Jersey to return to his home in Puerto Rico...

Morris v. Sessions  
Date: May 30, 2018
Docket Number: 17-1518

Justia Opinion Summary: The First Circuit denied Petitioner’s petition for review of a decision by the Board of Immigration Appeals (BIA) to deny Petitioner’s application for deferral of removal based on the protection to which he claimed he wa...

Blattman v. Scaramellino  
Date: May 30, 2018
Docket Number: 17-1589

Justia Opinion Summary: The First Circuit reversed the district court’s denial of Eric Blattman’s motion to compel Thomas Scaramellino to respond to questions regarding certain documents in this appeal arising out of a civil action brought in a...

Santos-Guaman v. Sessions  
Date: May 23, 2018
Docket Number: 16-2204

Justia Opinion Summary: At issue was whether the Board of Immigration Appeals (BIA) erred in concluding that Petitioner had not suffered past persecution nor had a well-founded fear of future persecution if he returned to Ecuador on account of...

Ortiz-Rivera v. United States  
Date: May 23, 2018
Docket Number: 16-2278

Justia Opinion Summary: At issue was whether the mailing of a claim filed pursuant to the Federal Tort Claims Act (FTCA) for wrongful death was timely presented to the appropriate federal agency where Plaintiffs mailed the notice through the Un...

Bradley v. Sugarbaker  
Date: May 23, 2018
Docket Number: 16-2405

Justia Opinion Summary: The First Circuit affirmed the district court’s judgment in favor of Defendant after this Court remanded the case, holding that any error in the district court’s evidentiary rulings was harmless and that the district cou...

Sullivan v. Republic of Cuba  
Date: May 22, 2018
Docket Number: 17-2011

Justia Opinion Summary: The First Circuit affirmed the federal district court’s denial of Plaintiff’s motion for a default judgment against the Republic of Cuba seeking to enforce a Maine Superior Court’s default judgment of $21 million for the...

Morales-Melecio v. United States  
Date: May 21, 2018
Docket Number: 16-2064

Justia Opinion Summary: Appellants’ action brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680, seeking compensatory damages for the allegedly negligent act of a federal employee was time-barred under the FTCA’s statu...

Irobe v. United States Department of Agriculture  
Date: May 21, 2018
Docket Number: 17-1943

Justia Opinion Summary: The district court properly placed the burden of proof on a grocery store (Store) in this action brought by Plaintiffs alleging that the Store unlawfully trafficked in Supplemental Nutrition Assistance Program (SNAP) ben...

United States v. Flores-Carter  
Date: May 18, 2018
Docket Number: 16-2226

Justia Opinion Summary: The First Circuit affirmed Defendant’s sentence of eighty-four months in prison, followed by five years of supervised release, imposed in connection with Defendant’s straight guilty plea to conspiracy to possess cocaine...

United States v. Akanni  
Date: May 18, 2018
Docket Numbers: 17-1732, 17-1733

Justia Opinion Summary: The First Circuit affirmed Appellant’s conviction for marriage fraud in violation of 8 U.S.C. 1325(c), which prohibits knowingly entering into a marriage for the purpose of evading the immigration laws, holding that the...

Delaney v. Town of Abington
Date: May 16, 2018
Docket Number: 16-2308
US v. Ramirez-de-Jesus
Date: May 16, 2018
Docket Number: 17-1026
United States v. Lopez  
Date: May 16, 2018
Docket Number: 17-1080

Justia Opinion Summary: Appellant’s challenge to the sufficiency of his prior convictions to serve as Armed Career Criminal Act (ACCA) predicates failed because no intervening law alters the validity of the First Circuit’s prior decisions conce...

Theriault v. Genesis Healthcare LLC  
Date: May 16, 2018
Docket Number: 17-1717

Justia Opinion Summary: In this complaint alleging violation of the Maine Whistleblower Protection Act (WPA), Me. Rev. Stat. Ann. tit. 26, 833, the district court faithfully followed the teachings of the Maine Supreme Judicial Court (the Law Co...

United States v. Tirado  
Date: May 9, 2018
Docket Numbers: 17-1127, 17-1128

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions of drug offenses and failure to appear for arraignment, holding that, contrary to Defendant’s argument on appeal, Defendant’s counsel did not suffer from a conflict of i...

United States v. Belanger  
Date: May 9, 2018
Docket Number: 17-1462

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and an unspecified amount of oxycodone and using and maintaining a d...

Delgado-Caraballo v. Hospital Pavia Hato Rey, Inc.  
Date: May 7, 2018
Docket Number: 17-1654

Justia Opinion Summary: The First Circuit vacated in part the district court’s grant of summary judgment in favor of Defendants in this lawsuit alleging violations of the Emergency Medical Treatment and Active Labor Act (EMTALA) and claiming me...

APB Realty, Inc. v. Georgia-Pacific LLC  
Date: May 7, 2018
Docket Number: 17-1906

Justia Opinion Summary: The First Circuit vacated the judgment of the district court dismissing APB Realty, Inc.’s complaint against Georgia-Pacific alleging breach of contract stemming from the failure of a proposed deal concerning the purchas...

United States v. Lopez-Pastrana  
Date: May 4, 2018
Docket Number: 15-1894

Justia Opinion Summary: The First Circuit remanded Appellant’s case for resentencing, holding that the district court erred by ordering a twelve-month term of home detention as part of Appellant’s sentence. Appellant was convicted, pursuant to...

Delaney v. Town of Abington  
Date: May 4, 2018
Docket Number: 16-2308

Justia Opinion Summary: The First Circuit affirmed the order of the district court granting summary judgment to Defendants - the Town of Abington, Massachusetts and leaders of the Abington Police Department (Department) - on Plaintiff’s federal...

Cortes-Ramos v. Sony Corp. of America  
Date: May 4, 2018
Docket Number: 16-2441

Justia Opinion Summary: The district court erred in awarding attorney’s fees to Defendants in this case alleging various claims under Puerto Rico and federal law, including claims under the Copyright Act, 17 U.S.C. 505. Plaintiff sued Sony C...

US v. Saad
Date: May 4, 2018
Docket Number: 17-1445
Sepulveda-Vargas v. Caribbean Restaurants Inc.
Date: May 3, 2018
Docket Number: 16-2451
United States v. Daoust  
Date: May 1, 2018
Docket Number: 17-1234

Justia Opinion Summary: The First Circuit affirmed the sentence imposed following the revocation of Defendant’s supervised release term, holding that Defendant’s claims of sentencing error were unavailing. Defendant admitted to violating his s...

Sepulveda-Vargas v. Caribbean Restaurants, LLC  
Date: April 30, 2018
Docket Number: 16-2451

Justia Opinion Summary: Employee’s failure to accommodate claim and retaliation claim under the Americans with Disabilities Act (ADA) failed. Employee, who was previously employed by Employer as an assistant manager of a Burger King, was attac...

United States v. Pinet-Fuentes  
Date: April 30, 2018
Docket Number: 17-1350

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court sentencing Defendant, who pled guilty to a charge of illegal possession of a machine gun, to thirty months in prison to be followed by supervisory release, wi...

United States v. Saad  
Date: April 30, 2018
Docket Number: 17-1445

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions of arson, wire fraud, and the use of fire in furtherance of a federal felony, holding that any alleged errors during trial were, whether individually or collectively, ha...

Rivera v. Thompson
Date: April 26, 2018
Docket Number: 16-2167
US Bank, N.A. v. HLC Escrow, Inc.  
Date: April 25, 2018
Docket Number: 17-1121

Justia Opinion Summary: The First Circuit affirmed in substantial part the district court’s judgment dismissing US Bank’s complaint against HLC Escrow, Inc. and First American Title Insurance Company, vacating only its dismissal of US Bank’s cl...

United States v. Flores  
Date: April 25, 2018
Docket Number: 17-1510

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court determining that probable cause existed for the arrest of Appellant and refusing to suppress evidence seized during a warrant-back search of Appellant’s hotel...

Axia NetMedia Corp. v. Massachusetts Technology Park Corp.  
Date: April 25, 2018
Docket Number: 17-1607

Justia Opinion Summary: In this appeal arising from the efforts of the Massachusetts Technology Park Corporation (MTC) to provide broadband network access in Massachusetts, the First Circuit affirmed the judgment of the district court as to all...

US v. Cohen
Date: April 20, 2018
Docket Numbers: 16-1682, 16-1703
US v. Sweeney
Date: April 20, 2018
Docket Number: 17-1325
Keach v. Wheeling & Lake Erie Railway Co.  
Date: April 18, 2018
Docket Number: 17-1912

Justia Opinion Summary: At issue was whether the proceeds of a multi-million-dollar sale of certain railroad lines constituted property of the bankruptcy estate. Debtor purchased the assets of several United States and Canadian railways. Debto...

Hiam v. Homeaway.com, Inc.  
Date: April 12, 2018
Docket Number: 17-1898

Justia Opinion Summary: The First Circuit affirmed the district court’s grant of summary judgment to Defendant, the owner of the website on which Plaintiff found a tropical villa that did not exist, holding that the district court correctly app...

Dixon v. US
Date: April 11, 2018
Docket Number: 17-1069
United States v. Sweeney  
Date: April 11, 2018
Docket Number: 17-1325

Justia Opinion Summary: The First Circuit affirmed in all respects Defendant’s conviction of distribution and possession of child pornography and his sentence of seventeen years of imprisonment followed by ten years of supervised release. The C...

United States v. Cohen  
Date: April 6, 2018
Docket Numbers: 16-1682, 16-1703

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for one count of conspiracy to convert government property, fourteen counts of conversion of government property, and one count of conspiracy to commit money laundering...

Benenson v. Commissioner of Internal Revenue  
Date: April 6, 2018
Docket Numbers: 16-2066, 16-2067

Justia Opinion Summary: The First Circuit reversed the decision of the Tax Court ruling that Appellants owed an excise tax for contributions made to their Roth individual retirement accounts (Roth IRAs) in violation of contribution limits, hold...

United States v. Mejia-Encarnacion  
Date: April 4, 2018
Docket Number: 16-1030

Justia Opinion Summary: The First Circuit affirmed the district court’s judgment convicting Defendant, after he pleaded guilty, to two counts of conspiring to possess with intent to distribute narcotics and sentencing him to 121 months’ impriso...

Kader v. Sarepta Therapeutics, Inc.  
Date: April 4, 2018
Docket Number: 17-1139

Justia Opinion Summary: The district court did not err in dismissing Plaintiffs’ first amended complaint (FAC) for failure to state a claim or in denying Plaintiffs leave to file their proposed second amended complaint (PSAC) in this litigation...

New Hampshire Hospital Ass’n v. Hargan  
Date: April 4, 2018
Docket Number: 17-1615

Justia Opinion Summary: The First Circuit affirmed the district court’s ruling that the “set-off rule” announced by the United States Secretary of Health and Human Services (Secretary) in the form of answers to Frequently Asked Questions (FAQs)...

United States v. Rentas-Muniz  
Date: April 3, 2018
Docket Number: 15-2275

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court sentencing Defendant to a 202-month term of immurement on the charge of conspiring to possess with intent to distribute cocaine base and to a sixty-month term...

Purdy v. Berryhill  
Date: April 3, 2018
Docket Number: 16-2242

Justia Opinion Summary: The First Circuit affirmed the district court’s decision affirming an administrative law judge’s (ALJ) finding that Appellant was not disabled within the meaning of the Social Security Act and thus not entitled to Supple...

Sawyer Brothers, Inc. v. Island Transporter, LLC  
Date: April 3, 2018
Docket Number: 16-2470

Justia Opinion Summary: Plaintiffs within the zone of danger may recover for negligent infliction of emotional distress under the general maritime law. Plaintiffs brought this maritime action against Defendant, which they hired to ferry three...

Scottsdale Capital Advisors v. The Deal, LLC  
Date: April 3, 2018
Docket Number: 17-1968

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing this defamation action for lack of personal jurisdiction. The Deal, LLC posted to a subscriber-only website an attached to email newsletters three...

Samuelsson v. HSBC Bank USA, N.A.
Date: March 29, 2018
Docket Number: 16-1679
Olmos-Colaj v. Sessions  
Date: March 29, 2018
Docket Number: 16-2388

Justia Opinion Summary: The First Circuit denied the petition sought by Petitioners, natives and citizens of Guatemala, seeking review of the denial of their applications for asylum, withholding of removal, and protection under the Convention A...

Reyes v. Sessions  
Date: March 29, 2018
Docket Number: 17-1892

Justia Opinion Summary: The First Circuit denied Petitioner’s petition for review as to his challenge to the Board of Immigration Appeals’ (BIA) determination that his motion to reopen was untimely and dismissed for lack of jurisdiction as to P...

US v. Sarmiento-Palacios
Date: March 26, 2018
Docket Number: 15-2025
United States v. Casanova  
Date: March 26, 2018
Docket Number: 16-2334

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for tampering with a witness by attempting to kill him and making false statements to a federal agent, holding that the trial court did not commit plain error. The Court...

United States v. Delima  
Date: March 26, 2018
Docket Number: 17-1132

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for conspiring to commit access-device fraud, holding that the district court did not err in denying Defendant’s motion to suppress wiretap evidence and that Defendant’s...

Pollack v. Regional School Unit 75  
Date: March 26, 2018
Docket Number: 17-1700

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court for Regional School Unit 75 (the district) on this complaint filed by a student’s parents on his behalf under, among other things, the Americans with Disabili...

United States v. Padilla-Galarza  
Date: March 23, 2018
Docket Number: 16-1035

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for possession of a controlled substance with intent to distribute and for being a prohibited person in possession of ammunition and his sentence, subject to a remand fo...

Flores v. OneWest Bank, F.S.B.  
Date: March 23, 2018
Docket Number: 16-1385

Justia Opinion Summary: The First Circuit affirmed the district court’s order dismissing a suit that challenged the lawfulness of a 2012 foreclosure sale of a Massachusetts home. In their complaint, Plaintiffs, who formerly owned the property...

United States v. Rondon-Garcia  
Date: March 23, 2018
Docket Number: 17-1098

Justia Opinion Summary: The First Circuit affirmed Defendant’s eighteen-month sentence imposed in connection with his conviction for one count of possession with intent to distribute less than fifty grams of cocaine. Defendant pled guilty to th...

United States v. Favreau  
Date: March 23, 2018
Docket Number: 17-1261

Justia Opinion Summary: The First Circuit affirmed the district court’s denial of Defendant’s motion to suppress drug evidence as having resulted from an unlawful search under the Fourth Amendment, holding that the search was constitutional. A...

United States v. George  
Date: March 23, 2018
Docket Number: 17-1371

Justia Opinion Summary: In this appeal from a forfeiture order, the First Circuit held that the district court did not abridge Defendant’s procedural rights and that the district court applied an appropriate yardstick in measuring the proceeds...

Barchock v. CVS Health Corp.  
Date: March 23, 2018
Docket Number: 17-1515

Justia Opinion Summary: The First Circuit affirmed the district court’s denial of Plaintiffs’ complaint alleging violations of the fiduciary duty of prudence under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001-1461...

United States v. Gomez-Encarnacion  
Date: March 20, 2018
Docket Number: 15-2345

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for money laundering and conspiracy to commit money laundering and his sentence of fifty-five months in prison. The Court held that the district court did not err in (1)...

Mu v. Omni Hotels Management Corp.
Date: March 20, 2018
Docket Numbers: 16-2293, 16-2442
United States v. Sarmiento-Palacios  
Date: March 16, 2018
Docket Number: 15-2025

Justia Opinion Summary: Amendment 794 to the U.S. Sentencing Commission Guidelines clarifies the Sentencing Commission’s original intent regarding section 3B1.2 of the Sentencing Guidelines and therefore applies retroactively. Defendant pleade...

United States v. Garay-Sierra  
Date: March 16, 2018
Docket Number: 16-2394

Justia Opinion Summary: The First Circuit affirmed the eighty-four-month prison term Defendant received on a firearm charge following a remand for resentencing. On appeal from his resentencing, Defendant claimed that the trial judge incorrectly...

United States v. Morel  
Date: March 16, 2018
Docket Numbers: 17-1331, 17-1353, 17-1332

Justia Opinion Summary: The First Circuit affirmed the convictions of co-defendants Doris Morel and Erika Tomasino for conspiracy and multiple fraud-related counts based on their participation in a multi-year tax-return fraud scheme. On appea...

United States v. Sabean  
Date: March 16, 2018
Docket Number: 17-1484

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for tax evasion, unlawful distribution of controlled substances, and health-care fraud, holding that Defendant was fairly tried and lawfully convicted. The Court held (1...

Lopez-Lopez v. Sessions  
Date: March 16, 2018
Docket Number: 17-1907

Justia Opinion Summary: The First Circuit denied Petitioner’s petition for review from the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The immigration judge (IJ) denie...

US v. Suarez-Guzman
Date: March 2, 2018
Docket Number: 16-2302
Ellis v. Fidelity Management Trust
Date: March 2, 2018
Docket Number: 17-1693
Union de Empleados de Muelles de Puerto Rico, Inc. v. International Longshoremen's Ass’n, AFL-CIO  
Date: February 28, 2018
Docket Number: 16-1372

Justia Opinion Summary: On the merits of the remaining portion of this appeal not dismissed as moot, the First Circuit held that the district court properly struck a local union (“UDEM”) as a plaintiff and dismissed this case brought challengin...

United States v. Coleman  
Date: February 28, 2018
Docket Number: 17-1041

Justia Opinion Summary: The First Circuit affirmed the sentence imposed upon Defendant in connection with his conviction for knowing and intentional distribution of a controlled substance, holding that the district court properly denied an offe...

Sosa-Perez v. Sessions  
Date: February 28, 2018
Docket Number: 17-1304

Justia Opinion Summary: The First Circuit denied Petitioner’s petition for review from the Board of Immigration Appeals’ (BIA) dismissal of her appeal from the denial of her application for asylum and withholding of removal of herself and, deri...

US v. Rivera-Ruperto, US v. Gonzalez-Miranda, US v. Nieves-Velez
Date: February 27, 2018
Docket Numbers: 12-2364, 14-1892, 13-2017, 12-2367, 14-1329
United States v. Lopez-Cotto  
Date: February 27, 2018
Docket Number: 14-1142

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for federal program bribery, lying to a federal agent, and obstructing justice. The court held that, contrary to Defendant’s arguments on appeal, (1) the district court’...

Hill v. Walsh  
Date: February 27, 2018
Docket Number: 17-1669

Justia Opinion Summary: Here, the First Circuit clarified its circuit’s emergency aid doctrine, holding that police officers seeking to justify their warrantless entry into homes need only demonstrate an objectively reasonable basis for believi...

Teixeira v. Town of Coventry
Date: February 21, 2018
Docket Number: 17-1049
Ellis v. Fidelity Management Trust Co.  
Date: February 21, 2018
Docket Number: 17-1693

Justia Opinion Summary: In this certified class action brought under the Employee Retirement Income Security Act of 1974 (ERISA), the district court correctly concluded that Plaintiffs failed to adduce evidence necessary to proceed to trial. P...

Teixeira v. Town of Coventry
Date: February 16, 2018
Docket Number: 17-1049
Valerio-Ramirez v. Sessions  
Date: February 15, 2018
Docket Number: 16-2272

Justia Opinion Summary: In 1991, Valerio, a citizen of Costa Rica, entered the U.S. without inspection. She was apprehended and placed in deportation proceedings but failed to appear. Valerio's then-boyfriend purchased her a birth certificate a...

Rosa Pena v. Sessions
Date: February 15, 2018
Docket Number: 17-1310
United States v. Ducoudray-Acevedo  
Date: February 14, 2018
Docket Number: 16-2247

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for tampering with a witness, victim, or an informant and for obstructing the due administration of justice. On appeal, Defendant argued, among other things, that a seri...

United States v. Rasberry  
Date: February 14, 2018
Docket Number: 16-2465

Justia Opinion Summary: The First Circuit affirmed the district court’s denial of Defendant’s motion to suppress, holding that the seizure of contraband in Defendant’s undershorts did not violate the “plain feel” doctrine. During a pat-down in...

United States v. Colby  
Date: February 14, 2018
Docket Number: 17-1031

Justia Opinion Summary: The First Circuit affirmed the sentence imposed in connection with Defendant’s conviction for possession of a firearm by a prohibited person. The district court sentenced Defendant to ninety-five months imprisonment. In...

Transupport, Inc. v. Commissioner of Internal Revenue  
Date: February 14, 2018
Docket Number: 17-1265

Justia Opinion Summary: The First Circuit affirmed the Tax Court’s decision upholding the Commissioner’s notice of deficiency against Transupport, Inc. The notice of deficiency reduced Transport’s cost of goods sold, reduced deductions it took...

Rosa Pena v. Sessions  
Date: February 14, 2018
Docket Number: 17-1310

Justia Opinion Summary: The First Circuit remanded this immigration case to the Board of Immigration Appeals (BIA) due to its insufficient explanation of why the least culpable conduct prohibited under Mass. Gen. Laws ch. 266, 2 is morally repr...

Mu v. Omni Hotels Management Corp.  
Date: February 7, 2018
Docket Number: 16-2293

Justia Opinion Summary: The First Circuit reversed the district court’s order granting summary judgment to Appellee Omni Hotels Management Corporation (“Omni”) in this negligence action brought by Appellant Henry Mu. Mu was assaulted by an unid...

Teixeira v. Town of Coventry  
Date: February 7, 2018
Docket Number: 17-1049

Justia Opinion Summary: A trial court that wishes to us the McDonnell Douglas framework, see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804 (1973), as part of its jury instructions should translate it into everyday parlance and fit it...

Villalta-Martinez v. Sessions  
Date: February 7, 2018
Docket Number: 17-1201

Justia Opinion Summary: The First Circuit denied Petitioner’s petition for review of an order of the Board of Immigration Appeals (BIA) denying Petitioner’s applications for asylum, withholding of removal, and protection under the Convention Ag...

A.C. Castle Construction Co. v. Acosta  
Date: February 7, 2018
Docket Number: 17-1537

Justia Opinion Summary: The First Circuit denied Petitioner’s petition for review of an order of the Occupational Safety and Health Review Commission, which declined Petitioner’s petition for review of a decision of the Occupational Safety and...

Dimott v. United States  
Date: February 2, 2018
Docket Numbers: 16-2289, 16-2368, 16-2319

Justia Opinion Summary: The First Circuit affirmed the district court’s dismissal of three federal post-conviction relief petitions filed under 28 U.S.C. 2255, holding that the three petitions were untimely. Petitioners in these consolidated a...

Cooper v. D'Amore  
Date: February 2, 2018
Docket Number: 17-1442

Justia Opinion Summary: The First Circuit reversed the district court’s grant of summary judgment for Plaintiffs in this alleging that certain assets should have been distributed to the estate of the decedent in this case, holding that the dist...

Ruiz-Escobar v. Sessions  
Date: February 2, 2018
Docket Number: 17-1539

Justia Opinion Summary: The First Circuit denied the petition for review filed by Petitioner, a native and citizen of Honduras, seeking relief from the decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) den...

United States v. De-La-Cruz-Gutierrez  
Date: January 31, 2018
Docket Number: 16-2350

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court sentencing Defendant to a 120-month term of imprisonment in connection with Defendant’s plea of guilty to possession with intent to distribute five kilograms...

US v. Lacouture
Date: January 31, 2018
Docket Number: 17-1021
United States v. Payne  
Date: January 31, 2018
Docket Number: 17-1382

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court sentencing Defendant enhancing Defendant’s offense level by four levels, resulting in a guideline sentencing range of seventy to eighty-seven months in connec...

United States v. Azor  
Date: January 26, 2018
Docket Number: 15-2056

Justia Opinion Summary: The First Circuit affirmed the district court’s denials of Defendant’s motions for suppression and severance and declined to vacate Defendant’s sentence. Defendant pled guilty to crimes related to the distribution of dr...

Perez-Rabanales v. Sessions  
Date: January 26, 2018
Docket Number: 17-1803

Justia Opinion Summary: The First Circuit denied the petition filed by Petitioner, a Guatemalan national, seeking judicial review of a final order of the Board of Immigration Appeals (BIA) denying her application for asylum, withholding of remo...

Franchina v. Providence Fire Department  
Date: January 25, 2018
Docket Number: 16-2401

Justia Opinion Summary: The First Circuit affirmed the judgment of the trial court, entered after a jury trial, ruling in favor of Plaintiff on both her gender-based hostile work environment discrimination and retaliation claims. The court awar...

United States v. Kennedy  
Date: January 24, 2018
Docket Number: 15-2298

Justia Opinion Summary: The First Circuit affirmed Defendant’s conviction for being a felon in possession of ammunition but vacated his sentence. On appeal, Defendant argued that the district court erred in denying his motion to suppress eviden...

Conservation Law Foundation v. Pruitt  
Date: January 24, 2018
Docket Numbers: 17-1166, 17-1354

Justia Opinion Summary: The First Circuit affirmed the dismissal of Plaintiffs’ two suits against the Environment Protection Agency (EPA), holding that the EPA’s role in developing and approving several total maximum daily loads (TMDLs) in Mass...

AngioDynamics, Inc. v. Biolitec AG  
Date: January 23, 2018
Docket Number: 17-1239

Justia Opinion Summary: In this appeal, the fifth in a case stemming from Plaintiff’s unsuccessful attempts to enforce a $23 million judgment against Defendants, Defendants challenged the district court’s denial of their Rule 60 motion. Defenda...

US v. Nieves
Date: January 23, 2018
Docket Number: 17-1329
Cranston Firefighters, IAFF v. Raimondo  
Date: January 22, 2018
Docket Number: 17-1293

Justia Opinion Summary: The First Circuit affirmed the district court's dismissal of a complaint filed by unions representing the firefighters and police officers employed by the City of Cranston. The Unions filed a complaint claiming that legi...

Kando v. Rhode Island Board of Elections  
Date: January 22, 2018
Docket Number: 17-1635

Justia Opinion Summary: The First Circuit affirmed the decision of the district court granting the Rhode Island State Board of Election's motion for judgment on the pleadings with respect to Plaintiff's claims that his constitutional rights wer...

Eves v. LePage
Date: January 19, 2018
Docket Number: 16-1492
Gross v. Sun Life Assurance Co. of Canada  
Date: January 18, 2018
Docket Numbers: 16-1958, 16-2002

Justia Opinion Summary: After a previous remand of this case, the First Circuit addressed whether the district court’s ruling in favor of Claimant on her claim for disability benefits based on chronic and severe pain was correct and whether the...

United States v. Gorski  
Date: January 18, 2018
Docket Number: 16-2471

Justia Opinion Summary: The First Circuit affirmed Defendant’s convictions for conspiring to defraud the United States and four counts of wire fraud and the sentence imposed by the district court, thus rejecting Defendant’s arguments on appeal....

Hamilton v. Partners Healthcare System, Inc.  
Date: January 12, 2018
Docket Numbers: 12-2313, 16-2087

Justia Opinion Summary: The First Circuit affirmed the district court’s denial of a motion for leave to amend a complaint after certain court proceedings, holding that the district court was not required to allow leave to amend. Plaintiffs fil...

United States v. Stepanets  
Date: January 12, 2018
Docket Numbers: 16-2402, 16-2403, 16-2404

Justia Opinion Summary: The First Circuit reversed the trial judge’s dismissal of counts in an indictment that charged Defendants with dispensing misbranded drugs in violation of the Federal Food, Drug, and Cosmetic Act (FFDCA). Defendants, M...

Mission Product Holdings, Inc. v. Old Cold, LLC  
Date: January 12, 2018
Docket Numbers: 16-9012, 16-9015

Justia Opinion Summary: The First Circuit affirmed the sale of Debtor’s remaining finished goods inventory to Schleicher and Stebbins Hotels LLC (S&S) after Debtor auctioned of its assets pursuant to section 363 of the Bankruptcy Code. Debtor a...

Mission Product Holdings, Inc. v. Tempnology LLC
Date: January 12, 2018
Docket Number: 16-9016
United States v. Steed  
Date: January 12, 2018
Docket Number: 17-1011

Justia Opinion Summary: The First Circuit affirmed the judgment of district court sentencing Defendant to a prison term of sixty-three months - the high end of the resulting guidelines sentencing range - after Defendant pleaded guilty to posses...

US v. Clark
Date: January 12, 2018
Docket Number: 17-1125
Rivera v. Thompson  
Date: January 9, 2018
Docket Number: 16-2167

Justia Opinion Summary: The First Circuit reversed the district court's denial of Appellant’s petition for a writ of habeas corpus challenging his convictions for armed assault with intent to murder and other offenses, holding that trial counse...

United States v. Clark  
Date: January 9, 2018
Docket Number: 17-1125

Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Defendant’s motion to suppress drug evidence found on his person during a traffic stop. A law enforcement officer stopped a vehicle in which Defenda...

Sasen v. Spencer  
Date: January 9, 2018
Docket Number: 17-1394

Justia Opinion Summary: In this case concerning the application and operation of Article 31 of the Uniform Code of Military Justice, the First Circuit held that the exclusionary remedy limned in Article 31(d) applies to evidence offered in a tr...

US v. Aiken, US v. Bonnett
Date: January 2, 2018
Docket Numbers: 17-1036, 17-1040