2023 First Circuit US Court of Appeals Case Law
Date: September 22, 2023
Docket Number: 23-1229
Date: September 21, 2023
Docket Numbers: 23-1267, 23-1358, 23-1268
Date: September 19, 2023
Docket Number: 22-1695
Justia Opinion Summary: The First Circuit denied Petitioner's petition for review of the Board of Immigration Appeals' (BIA) decision dismissing Sandra St. John's appeal from the judgment of the Immigration Judge (IJ) denying her statutory…
Date: September 18, 2023
Docket Number: 22-1910
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing Plaintiff's putative class action against McNeil Nutritionals, LLC and Johnson & Johnson Consumer, Inc. challenging certain statements on the…
Date: September 14, 2023
Docket Number: 21-1700
Justia Opinion Summary: The First Circuit affirmed in part and reversed in part the order of the district court ordering A.R., who was adjudicated delinquent in a proceeding under the Federal Juvenile Delinquency Act (FJDA), 18 U.S.C.…
Date: September 8, 2023
Docket Number: 22-1783
Justia Opinion Summary: The First Circuit affirmed the judgment of the tax court sustaining a notice of deficiency issued by the Internal Revenue Services (IRS) to TBL Licensing LLC for the 2011 tax year, holding that the Tax Commissioner…
Date: September 7, 2023
Docket Number: 22-1843
Justia Opinion Summary: In this appeal arising out of a challenge to Rhode Island's liquor laws the First Circuit affirmed in part and vacated in part the judgment of the district court granting summary judgment for Defendants as to all claims,…
Date: August 31, 2023
Docket Number: 21-1913
Justia Opinion Summary: The First Circuit vacated Defendant's statutory maximum thirty-six-month sentence that the district court imposed following a revocation of supervised release, holding that the district court's failure adequately to…
Date: August 30, 2023
Docket Number: 22-1202
Justia Opinion Summary: The First Circuit affirmed Defendant's 516-month sentence entered upon his guilty plea to one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity (RICO), holding that there was no…
Date: August 30, 2023
Docket Numbers: 22-1343, 22-1344
Justia Opinion Summary: The circuit court affirmed Defendant's sentence, imposed in connection with his drug-related offenses, holding that the district court did not err by adopting a four-level role-in-the-offense enhancement when formulating…
Date: August 29, 2023
Docket Number: 22-1157
Justia Opinion Summary: The First Circuit affirmed Defendant's sentence in his underlying criminal case, holding that the district court did not err in imposing a sentencing enhancement for the use or attempted use of a minor in the commission…
Date: August 29, 2023
Docket Number: 22-1258
Justia Opinion Summary: The First Circuit affirmed the decision of the district court entering summary judgment in favor of Allstate Insurance Company and dismissing the counterclaims brought by two of Allstate's former agents - James Fougere…
Date: August 29, 2023
Docket Number: 23-1030
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Plaintiff's claims against Defendant, Tufts University, on summary judgment and refusing to alter to amend that ruling under Fed. R. Civ. P. 59(e),…
Date: August 29, 2023
Docket Number: 23-1043
Justia Opinion Summary: The First Circuit certified to the Massachusetts Supreme Judicial Court (SJC) the unresolved question of what is meant, in the context of a franchise agreement, by "performing any service," as that phrase is used in the…
Date: August 28, 2023
Docket Number: 21-1396
Justia Opinion Summary: The First Circuit affirmed Defendant's conviction and sentence for violating 18 U.S.C. 666, holding that Defendant was not entitled to relief on his allegations of error. Defendant was indicted on four counts of…
Date: August 24, 2023
Docket Number: 22-1624
Justia Opinion Summary: The First Circuit affirmed the order of the bankruptcy court rejecting the valuation method espoused in the Bankruptcy Appellate Panel's (BAP) decision in Snyder v. Rockland Tr. Co., 249 B.R. 40 (1st Cir. B.A.P. 2000),…
Date: August 23, 2023
Docket Number: 20-2189
Justia Opinion Summary: The First Circuit vacated in part and reversed in part the judgment of the district court convicting Defendants, sisters Ivonne Falcon-Nieves and Marielis Falcon-Nieves, on various federal charges relating to the…
Date: August 22, 2023
Docket Number: 19-2188
Justia Opinion Summary: The First Circuit vacated Appellant's conviction for willfully violating 18 U.S.C. 922(n) - the federal prohibition on the receipt of a firearm by someone "under indictment for a crime punishable by imprisonment for a…
Date: August 22, 2023
Docket Number: 20-1749
Justia Opinion Summary: The First Circuit reversed Defendant's single-count conviction under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(c), holding that no rational jury could have found Defendant guilty of…
Date: August 22, 2023
Docket Number: 21-1493
Justia Opinion Summary: The First Circuit affirmed Defendant's sentence that he received in connection with a robbery committed in Maine, holding that Defendant was not entitled to relief on his allegations of error. On appeal, Defendant…
Date: August 22, 2023
Docket Number: 22-1092
Justia Opinion Summary: The First Circuit affirmed the judgment of the Title III court confirming a plan of adjustment that permitted the discharge of the Commonwealth of Puerto Rico from its obligation to pay Plaintiff the entire amount of a…
Date: August 22, 2023
Docket Number: 22-1579
Justia Opinion Summary: In this interlocutory appeal the First Circuit affirmed the decision of the district court granting Defendant's motion to suppress items seized during a traffic stop, holding that the government was not entitled to…
Date: August 21, 2023
Docket Numbers: 20-2129, 20-2183
Justia Opinion Summary: The First Circuit affirmed the judgment of the circuit court convicting Defendants of drug conspiracy crimes for their roles in a drug-trafficking case, holding that Defendants were not entitled to relief on their…
Date: August 21, 2023
Docket Number: 21-1737
Justia Opinion Summary: The First Circuit affirmed the sentence imposed upon Defendant in connection with his conviction of conspiracy to possess with the intent to distribute a controlled substance and conspiracy to import a controlled…
Date: August 21, 2023
Docket Number: 22-1417
Justia Opinion Summary: The First Circuit affirmed the district court's order entering summary judgment in favor of Defendant with respect to Plaintiff's assertion that he was wrongfully deprived of thousands of dollars in commissions he…
Date: August 21, 2023
Docket Number: 22-1881
Justia Opinion Summary: The First Circuit granted in part Petitioner's petition for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of Petitioner's application for deferral of removal under the Convention…
Date: August 21, 2023
Docket Number: 23-1036
Justia Opinion Summary: The First Circuit denied Petitioner's petition for review of a decision of the Board of Immigration Appeals (BIA) affirming the order of the immigration judge (IJ) denying Petitioner's application for asylum and…
Date: August 17, 2023
Docket Number: 21-1533
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing this case on res judicata grounds, holding that Plaintiff's malicious prosecution claim was precluded under the doctrine of res judicata. At issue…
Date: August 17, 2023
Docket Number: 22-1296
Justia Opinion Summary: The First Circuit vacated the judgment of the district court in favor of Philadelphia Indemnity Insurance Company in this action seeking a declaration that BAS Holding Corporation breached a condition of the parties'…
Date: August 16, 2023
Docket Number: 20-1018
Justia Opinion Summary: The First Circuit affirmed Defendant's convictions, entered after a jury trial, for distribution of controlled substances and possession of controlled substances with intent to distribute, holding that Defendant was not…
Date: August 16, 2023
Docket Number: 22-1525
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying intervenor Eugene Volokh's motion challenging the district court's decision allowing John Doe, a former New Hampshire police officer, to proceed…
Date: August 16, 2023
Docket Number: 22-1967
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court granting United States Liability Insurance Group's (USLI) motion to dismiss this lawsuit brought by Nahant Preservation Trust, Inc. to secure insurance…
Date: August 15, 2023
Docket Number: 22-1057
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court convicting Defendant, following a jury trial, of various firearm and controlled substance offenses, holding that none of Defendant's challenges on appeal had…
Date: August 14, 2023
Docket Number: 20-2051
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Plaintiff's request for preliminary injunctive relief challenging the restraint procedures used by the Massachusetts Department of Correction (DOC)…
Date: August 14, 2023
Docket Number: 21-1421
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court convicting Defendant of wire fraud and honest services wire fraud, and aiding and abetting the same, in violation of 18 U.S.C. 1343, 1346, and 2 (count seven)…
Date: August 14, 2023
Docket Numbers: 22-1134, 22-1135
Justia Opinion Summary: The First Circuit affirmed in part and reversed in part the order of the district court in the underlying action originally brought by Peter Marcus against the American Contract Bridge League (ACBL), where Marcus was…
Date: August 14, 2023
Docket Number: 22-1740
Justia Opinion Summary: The First Circuit affirmed the order of the district court dismissing Plaintiffs' claims that the closure of in-person education due to the COVID-19 pandemic deprived children of the free appropriate public education to…
Date: August 14, 2023
Docket Number: 22-1938
Date: August 10, 2023
Docket Number: 21-1884
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court sentencing Defendant to 240 months imprisonment - double the statutory minimum - in connection with his plea of guilty to one count of knowingly carrying,…
Date: August 10, 2023
Docket Numbers: 23-1267, 23-1358, 23-1268
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court granting summary judgment in favor of the Financial Oversight and Management Board for Puerto Rico on its action against the Governor of Puerto Rico seeking…
Date: August 9, 2023
Docket Number: 22-1339
Justia Opinion Summary: The First Circuit affirmed the rulings of the district court requiring Timothy Day to pay NuVasive, Inc., his former employer, more than $1.7 million in damages and attorney's fees for breach of contract and spoliation…
Date: August 9, 2023
Docket Number: 22-1444
Justia Opinion Summary: The First Circuit affirmed Defendant's prison sentence imposed in connection with his plea of guilty to crimes arising from his role in a bank fraud scheme and vacated in part the restitution order, holding that the…
Date: August 9, 2023
Docket Number: 22-1938
Justia Opinion Summary: The First Circuit affirmed the order of the district court granting summary judgment in favor of Insurer in this insurance dispute, holding that the failure to give notice according to the terms and conditions of an…
Date: August 8, 2023
Docket Number: 21-1348
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Appellant's petition for habeas review on the grounds that his trial counsel rendered ineffective assistance, holding that, although this Court's…
Date: August 8, 2023
Docket Number: 21-2011
Justia Opinion Summary: The First Circuit denied the petition for review of an order of the Board of Immigration Appeals (BIA) brought by Petitioners, several Peruvian nationals who were ordered removed from the United States, holding that…
Date: August 7, 2023
Docket Number: 21-1713
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Petitioner's petition filed pursuant to 28 U.S.C. 2255 seeking to vacate, set aside, or correct his sentence, holding that the district court did not…
Date: August 7, 2023
Docket Number: 22-1778
Justia Opinion Summary: The First Circuit denied Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) denying his motion to reopen proceedings under 8 U.S.C. 1229a(c)(7), holding that the BIA neither…
Date: August 4, 2023
Docket Number: 22-1398
Date: August 4, 2023
Docket Number: 22-1599
Justia Opinion Summary: The First Circuit granted Petitioner's petition seeking to have her removal proceedings reopened and vacated the decision of the Board of Immigration Appeals rejecting her motion to reopen her removal proceedings…
Date: August 4, 2023
Docket Number: 22-1767
Justia Opinion Summary: The First Circuit denied Petitioner's petition for judicial review of the Board of Immigration Appeals (BIA) decision affirming the judgment of the immigration judge (IJ) rejecting Petitioner's application for deferral…
Date: July 27, 2023
Docket Number: 21-1394
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court against Plaintiffs on their action brought against BMW of North America, LLC claiming that a fire that occurred in their garage was the result of a…
Date: July 27, 2023
Docket Number: 21-1661
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court sentencing Defendant to twenty-four months above the mandatory minimum of sixty months in an 18 U.S.C. 924(c) count arising from a carjacking, holding that…
Date: July 25, 2023
Docket Number: 22-1342
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing this lawsuit against the Financial Oversight and Management Board for Puerto Rico (FOMB) and its executive director challenging the FOMB's alleged…
Date: July 25, 2023
Docket Number: 22-1398
Justia Opinion Summary: The First Circuit denied Petitioners' petition objecting to a permit issued by the Environmental Protection Agency (EPA) and affirmed by the Environmental Appeals Board requiring General Electric Company (GE) to clean…
Date: July 20, 2023
Docket Numbers: 19-2253, 20-1274, 19-2262
Date: July 20, 2023
Docket Number: 21-1137
Justia Opinion Summary: The First Circuit affirmed the two district court rulings at issue in this case, one granting Defendant compassionate release from incarceration and the other denying the government's ensuing request for reconsideration,…
Date: July 20, 2023
Docket Number: 21-1276
Justia Opinion Summary: The First Circuit affirmed the order of the district court granting summary judgment in favor of the United States in this civil action brought by Gabiel Lozada-Manzano and his parents against the government under the…
Date: July 20, 2023
Docket Number: 21-1739
Date: July 14, 2023
Docket Number: 22-1815
Justia Opinion Summary: The First Circuit denied Petitioners' petition for review of their asylum and withholding of removal claims and concluded that Petitioners waived any argument regarding relief under the Convention Against Torture (CAT),…
Date: July 13, 2023
Docket Number: 22-1727
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Defendant's motion to dismiss the indictment against him on double jeopardy grounds after the district court declared a mistrial based on…
Date: July 12, 2023
Docket Number: 21-1739
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court in favor of the Puerto Rico Highways and Transportation Authority (PRHTA) and its executive directors (collectively, Appellees) and dismissing this complaint…
Date: July 12, 2023
Docket Number: 22-1276
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court sentencing Defendant to a downwardly variant sentence of twenty-four months' imprisonment in connection with her plea of guilty to conspiring to distribute…
Date: July 12, 2023
Docket Number: 22-1829
Justia Opinion Summary: The First Circuit affirmed the determination of the Title III court, during the course of its confirmation of the Modified Fifth Amended Title III Plan of Adjustment (Plan) for the Puerto Rico Highways and Transportation…
Date: July 11, 2023
Docket Numbers: 19-2253, 20-1274, 19-2262
Justia Opinion Summary: The First Circuit affirmed the convictions of the three appellants in this case - Jose R. Andino-Morales (Andino), Jose J. Folch-Colon (Folch), and Anibal Miranda-Montanez (Miranda), holding that the evidence was…
Date: July 11, 2023
Docket Number: 22-1427
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court granting summary judgment for the City of Worcester and several of its officers and dismissing Plaintiff's constitutional and tort claims, holding that the…
Date: July 5, 2023
Docket Number: 22-1348
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court entering summary judgment for the United States and rejecting the lawsuit brought by Appellant asking the district court to overturn the finding of the Food…
Date: June 30, 2023
Docket Number: 22-1896
Justia Opinion Summary: The First Circuit affirmed in part and reversed in part the judgment of the district court dismissing this putative action asserting various state law claims in relation to a data breach that allegedly exposed…
Date: June 29, 2023
Docket Number: 22-1158
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court granting Defendants' motion to dismiss the underlying complaint in its entirety, holding that the district court did not err in finding that the challenged…
Date: June 26, 2023
Docket Number: 21-1612
Justia Opinion Summary: The First Circuit affirmed Defendant's conviction of fifteen counts of an indictment charging sexual exploitation of children and distribution, receipt, and possession of child pornography and his sentence of 480 months'…
Date: June 22, 2023
Docket Numbers: 19-1927, 21-1958, 21-1957
Justia Opinion Summary: In this copyright action involving ownership rights to the board game, "The Game of Life," the First Circuit affirmed the decision of the district court denying attorney's fees sought from the unsuccessful plaintiffs,…
Date: June 16, 2023
Docket Number: 21-1813
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to suppress evidence of drugs and entering judgment on Defendant's plea of guilty to possession of cocaine with intent to…
Date: June 15, 2023
Docket Number: 21-1315
Justia Opinion Summary: The First Circuit denied Petitioner's claim that he had a reasonable fear of persecution if repatriated to his native Ghana on account of his membership in a particular social group, holding that the Board of Immigration…
Date: June 15, 2023
Docket Number: 21-1419
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Defendant's motion to withdraw his plea of guilty to possession of a firearm in furtherance of a drug trafficking crime, holding that the district…
Date: June 15, 2023
Docket Number: 21-1758
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Defendant's motion to suppress evidence showing that Defendant was carrying heroin with the intent to distribute it, holding that the district court…
Date: June 9, 2023
Docket Number: 22-1332
Justia Opinion Summary: The First Circuit affirmed the decision of the district court granting summary judgment to Vitamin Shoppe and ruling that the Food, Drug, and Cosmetic Act (FDCA) preempted Plaintiffs' state law tort claims, holding that…
Date: June 8, 2023
Docket Number: 21-1983
Justia Opinion Summary: The First Circuit affirmed in part and reversed in part the judgment of the district court denying Defendant's motion to suppress the seizure of his cell phone and its refusal to suppress evidence of child pornography,…
Date: June 8, 2023
Docket Number: 22-1500
Justia Opinion Summary: The First Circuit dismissed the appeal in the underlying putative action removed from Massachusetts state court to the federal district court concerning a motion to compel arbitration, holding that the order was not a…
Date: June 7, 2023
Docket Number: 22-1473
Justia Opinion Summary: The First Circuit affirmed Defendant's conviction and sentence for attempting to possess with intent to distribute five kilograms or more of cocaine, holding that Defendant's first three challenges on appeal were…
Date: June 6, 2023
Docket Number: 22-1446
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing Matthew Haney's complaint, brought as the Trustee of the Gooseberry Island Trust, against the Town of Mashpee and its Zoning Board of Appeals,…
Date: June 5, 2023
Docket Number: 22-1076
Justia Opinion Summary: The First Circuit affirmed the order of the district court applying the so-called "turnover" statute, 18 U.S.C. 3664(n), in this case regarding the disposition of the funds held in Appellant's inmate trust account,…
Date: June 1, 2023
Docket Number: 21-1650
Justia Opinion Summary: In this medical malpractice action brought against the U.S. Department of Veterans Affairs under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680, the First Circuit affirmed the judgment of the district…
Date: June 1, 2023
Docket Number: 22-1047
Justia Opinion Summary: The First Circuit affirmed the decision of the district court dismissing with prejudice Relators' qui tam suit brought under the False Claims Act (FCA), 31 U.S.C. 3729, against DePuy Orthopaedics, Inc. and related…
Date: May 30, 2023
Docket Numbers: 22-1297, 22-1609
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court convicting Defendant of conspiracy to commit wire fraud, wire fraud, and engaging in monetary transactions in property derived from specified unlawful…
Date: May 30, 2023
Docket Number: 22-1383
Justia Opinion Summary: The First Circuit vacated the decision of the Board of Immigration Appeals (BIA) affirming Petitioner's order of removal and denying his application for adjustment of status, holding that a conviction under Mass. Gen.…
Date: May 26, 2023
Docket Number: 21-1779
Justia Opinion Summary: In this case where Defendant was convicted of both cyberstalking and making interstate threats the First Circuit affirmed, as modified, the judgment of the district court ordering Defendant to pay restitution to the…
Date: May 25, 2023
Docket Number: 21-1597
Justia Opinion Summary: The First Circuit affirmed the decision of the district court finding Defendant voluntarily absent and applying an obstruction of justice sentencing enhancement, holding that the district court did not err. Defendant's…
Date: May 25, 2023
Docket Number: 22-1007
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Defendant's request for immediate release and reducing his sentence from 240 to 180 months, holding that there was no error or abuse of…
Date: May 25, 2023
Docket Number: 22-1710
Justia Opinion Summary: The First Circuit affirmed in part and reversed in part in this case brought against three Maine government officials in their official capacities (collectively, the State) and several healthcare providers (the…
Date: May 22, 2023
Docket Number: 22-1389
Justia Opinion Summary: The First Circuit vacated the judgment of the trial court against Plaintiff and a third-party defendant, holding that because the parties were unable to establish that no defendant shared state citizenship with any…
Date: May 19, 2023
Docket Number: 21-1542
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court granting a motion to compel arbitration in this insurance dispute, holding that the district court correctly granted the motion to compel arbitration brought…
Date: May 19, 2023
Docket Number: 22-1066
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court granting summary judgment in favor of Triple-S Management Corporation and Triple-S Vida, Inc. (collectively, Triple-S) and dismissing this case brought by…
Date: May 17, 2023
Docket Number: 22-1367
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court refusing to extend safety valve relief to Defendant after finding that Defendant possessed a firearm during and in connection with a drug-trafficking crime,…
Date: May 11, 2023
Docket Number: 22-1215
Justia Opinion Summary: The First Circuit vacated the decisions of the Board of Immigration Appeals (BIA) and the immigration judge (IJ) denying Appellant's applications for asylum and withholding of removal and denied Appellant's petition for…
Date: May 11, 2023
Docket Number: 22-1465
Justia Opinion Summary: The First Circuit affirmed the rulings of the district court granting Appellants attorney's fees under the the Equal Access to Justice Act (EAJA), which entitles a prevailing party in certain civil actions against the…
Date: May 11, 2023
Docket Number: 22-1488
Justia Opinion Summary: The First Circuit reversed the judgment of the district court dismissing Plaintiff's breach of contract claim against Defendant, a digital health company, and affirmed the district court's dismissal of all other claims…
Date: May 10, 2023
Docket Number: 22-1129
Justia Opinion Summary: In this appeal arising from the prosecution of alleged misconduct related to college admissions the First Circuit affirmed John Wilson's conviction for filing a false tax return in violation of 26 U.S.C. 7206(1) and…
Date: May 10, 2023
Docket Number: 22-1313
Justia Opinion Summary: The First Circuit vacated the judgment dismissing on claim preclusion grounds Plaintiff's claims against Eastern States Exposition alleging violations of federal copyright infringement law and the U.S. Visual Artists…
Date: May 9, 2023
Docket Number: 22-1206
Justia Opinion Summary: The First Circuit affirmed the order of the district court dismissing Petitioner's petition for habeas corpus on the grounds that it was time-barred, holding that there was no error. In May 1974, Petitioner was…
Date: May 5, 2023
Docket Number: 22-1268
Justia Opinion Summary: The First Circuit affirmed the decision of the district court denying Defendants' motion to dismiss the underlying case or, in the alternative, to compel arbitration under section 1 of the Federal Arbitration Act (FAA),…
Date: May 4, 2023
Docket Number: 21-1937
Justia Opinion Summary: The First Circuit affirmed the sentence of reimprisonment imposed upon the fourth revocation of Appellant's supervised release but vacated the subsequent term of supervised release to follow, holding that the district…
Date: May 2, 2023
Docket Number: 22-1190
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court sentencing Defendant to forty-five years of imprisonment in connection with his plea of guilty to one count each of attempted sexual exploitation of a minor…
Date: May 2, 2023
Docket Number: 22-1359
Justia Opinion Summary: The First Circuit affirmed the district court's default judgment in a tort action brought against the owner of a boat that Plaintiff was working on at the time of his injury, holding that the district court did not err…
Date: April 28, 2023
Docket Number: 21-1538
Justia Opinion Summary: The First Circuit affirmed the denial of Appellant's request for an award of attorney's fees and the costs of translation services, holding that there was no error. Appellant brought an action against her husband,…
Date: April 28, 2023
Docket Number: 22-1496
Justia Opinion Summary: The First Circuit denied Petitioner's petition challenging a final administrative removal order on grounds that Petitioner derived United States citizenship as a child, holding that there was no error. Petitioner, who…
Date: April 28, 2023
Docket Number: 22-1535
Justia Opinion Summary: The First Circuit denied Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) affirming the immigration judge's (IJ) denial of his applications for asylum and withholding of removal…
Date: April 26, 2023
Docket Number: 21-1676
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court granting in part and denying in part Cultural Care, Inc.'s motion to dismiss this putative class action alleging violations of Plaintiffs' rights under…
Date: April 25, 2023
Docket Number: 22-1317
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing this action against Blue Cross Blue Shield of Massachusetts (BCBSMA) and dismissing the Massachusetts Laborers' Health and Welfare Fund's (Fund)…
Date: April 25, 2023
Docket Number: 22-1491
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Jose Santiago, Inc.'s (JSI) motion for a preliminary injunction under Puerto Rico's Law 75, holding that the district court did not err in concluding…
Date: April 19, 2023
Docket Number: 21-1648
Justia Opinion Summary: The First Circuit reversed the judgment of the district court ruling that Insured's claim of unfair claim settlement practices in violation of Mass. Gen. Laws ch. 176D and 93A was barred by the choice-of-law provision of…
Date: April 19, 2023
Docket Number: 22-1111
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court convicting Defendant of possession with intent to distribute a controlled substance, holding that the district court did not err in denying Defendant's motion…
Date: April 19, 2023
Docket Number: 22-1451
Justia Opinion Summary: The First Circuit reversed the judgment of the district court granting Defendant's motion to dismiss this lawsuit alleging unfair and deceptive business practices under Massachusetts law by intentionally obfuscating…
Date: April 18, 2023
Docket Number: 22-1596
Justia Opinion Summary: In this civil enforcement action, the First Circuit affirmed the interlocutory order of the district court ruling that a violation of the right to poll each of the jurors individually under Civil Rule 48(c) is per se…
Date: April 14, 2023
Docket Number: 19-1523
Justia Opinion Summary: The First Circuit affirmed Defendant's conviction and sentence, holding that Defendant's arguments on appeal did not meet the exacting plain error standard. Defendant pleaded guilty to using a firearm during a…
Date: April 14, 2023
Docket Number: 22-1561
Justia Opinion Summary: The First Circuit dismissed in part and denied in part Petitioner's petition for judicial review of the decision of the Board of Immigration Appeals (BIA) affirming the decision of the immigration judge (IJ) ordering…
Date: April 14, 2023
Docket Number: 22-1601
Justia Opinion Summary: The First Circuit affirmed Defendant's conviction for possession of firearms by a felon and his thirty-month sentence, holding that Defendant was not entitled to relief on his claims of error. On appeal, Defendant…
Date: April 11, 2023
Docket Number: 20-1267
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Appellant's challenge to his sentence under 28 U.S.C. 2255, holding that Appellant did not meet his burden of showing that his counsel's performance…
Date: April 6, 2023
Docket Number: 21-1831
Justia Opinion Summary: In 2013, New Balance entered into a Distribution Agreement with PSG to distribute its products in Peru. The Agreement contained an arbitration clause, which New Balance invoked in 2018. Also joined as respondents in this…
Date: April 5, 2023
Docket Number: 21-1186
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court convicting Defendant of extortionate interstate communications and threatening to injury property or reputation, holding that Defendant did not meet his…
Date: April 4, 2023
Docket Number: 20-1913
Justia Opinion Summary: The First Circuit denied Petitioner's petition for review of a final order of removal issued by the Board of Immigration Appeals (BIA) dismissing Petitioner's appeal of the decision of the immigration judge (IJ)…
Date: April 4, 2023
Docket Number: 22-1153
Justia Opinion Summary: The First Circuit affirmed the decision of the district court entering summary judgment for Defendants on all of Plaintiff's claims in this wrongful termination case, holding that there was no error in the trial court…
Date: March 31, 2023
Docket Number: 21-1916
Justia Opinion Summary: The First Circuit affirmed Defendant's sentence imposed upon his plea of guilty to five counts of carjacking and one count of attempted carjacking with a direct modification of the restitution order as specified in this…
Date: March 31, 2023
Docket Number: 22-1118
Justia Opinion Summary: The First Circuit affirmed the order of the district court granting summary judgment in favor of Kent County Memorial Hospital and Michael Dacey, M.D., in his individual capacity and as President of Kent Hospital, and…
Date: March 30, 2023
Docket Number: 21-1363
Justia Opinion Summary: The First Circuit affirmed the order of the district court granting Defendant's motion for summary judgment and dismissing Plaintiff's action alleging gender discrimination and retaliation in violation of Title VII of…
Date: March 30, 2023
Docket Number: 22-1200
Justia Opinion Summary: The First Circuit affirmed the order of the district court granting partial summary judgment for Plaintiff and its subsequent judgment in Plaintiff's favor in this breach of contract case, holding that the plain language…
Date: March 27, 2023
Docket Number: 22-1485
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing the claim brought by the Back Beach Neighbors Committee alleging that the Town of Rockport, Massachusetts committed a class-of-one equal protection…
Date: March 23, 2023
Docket Number: 21-1796
Justia Opinion Summary: The First Circuit dismissed Appellant's appeal from the 115-month sentence imposed by the district court upon his guilty plea to one count of conspiracy to distribute and possess with intent to distribute cocaine base…
Date: March 22, 2023
Docket Number: 21-1251
Justia Opinion Summary: The First Circuit reversed in part the order of the district court granting summary judgment rejecting Defendants' affirmative defense of qualified immunity against Plaintiff's procedural due process claim, holding that…
Date: March 22, 2023
Docket Number: 22-1117
Justia Opinion Summary: In this case concerning the regulation of gambling licenses in the Commonwealth the First Circuit reversed in part the summary judgment for Defendants and certified questions of law to the Massachusetts Supreme Judicial…
Date: March 21, 2023
Docket Number: 22-1483
Justia Opinion Summary: The First Circuit affirmed the decision of the district court dismissing in part Plaintiffs' claims that a subset of Defendants participated in a conspiracy in violation of the Racketeer Influenced and Corrupt…
Date: March 20, 2023
Docket Number: 20-1708
Justia Opinion Summary: The First Circuit affirmed Defendant's conviction for distributing or possessing with intent to distribute fentanyl, in violation of 21 U.S.C. 841, holding that Defendant was not entitled to relief on his allegations of…
Date: March 20, 2023
Docket Number: 21-1856
Justia Opinion Summary: The First Circuit vacated the judgment of the sentencing court sentencing Defendant to an upwardly variant thirty-year sentence for his conviction for discharging a firearm in furtherance of a crime of violence, holding…
Date: March 16, 2023
Docket Number: 21-1886
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court concluding that a rule promulgated by the National Marine Fisheries Services (the Agency) requiring vessels fishing for herring on certain fishing trips to…
Date: March 15, 2023
Docket Number: 21-1319
Justia Opinion Summary: The First Circuit reversed the judgment of the district court dismissing Plaintiff's claims against the United States under the Federal Tort Claims Act (FTCA) for false arrest, false imprisonment, and violation of the…
Date: March 10, 2023
Docket Number: 21-1631
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court concluding that the government had shown by a preponderance of the evidence that Appellant had violated the conditions of his supervised release and…
Date: March 10, 2023
Docket Number: 22-1011
Justia Opinion Summary: The First Circuit dismissed Appellant's appeal from his conviction and sentence, holding that Appellant's waiver of appeal in the plea agreement was valid and enforceable. Appellant was charged with drug- and…
Date: March 10, 2023
Docket Number: 22-1077
Justia Opinion Summary: The First Circuit affirmed Defendant's conviction and sentence of a 108-month term of immurement for attempted possession with intent to distribute 400 grams or more of fentanyl, holding that Defendant was not entitled…
Date: March 6, 2023
Docket Number: 21-1839
Justia Opinion Summary: The First Circuit affirmed the order of the district court entering a partial judgment dismissing Plaintiffs' claims against Defendants, holding that Plaintiffs were not entitled to relief on their claims of…
Date: March 2, 2023
Docket Number: 21-1745
Justia Opinion Summary: In this dispute over indemnification arising from an underlying negligence case, the First Circuit vacated the decision of the district court as to a contractual crossclaim for indemnification, holding that the district…
Date: March 1, 2023
Docket Number: 21-1515
Justia Opinion Summary: The First Circuit affirmed the judgment of the trial court convicting Defendant of sex trafficking of a minor, use of an interstate facility to promote unlawful activity, and maintaining a drug-involved premises, holding…
Date: February 28, 2023
Docket Number: 18-2236
Justia Opinion Summary: The First Circuit vacated the sentence imposed upon Defendant after he pleaded guilty, pursuant to a plea agreement, to possessing firearms in furtherance of a drug trafficking crime and possession of marijuana with…
Date: February 28, 2023
Docket Number: 22-1169
Justia Opinion Summary: The First Circuit denied Petition's petition for review of the decision of the U.S. Railroad Retirement Board (Board) to deny Petitioner a disabled child's annuity under the Railroad Retirement Act (Act), 45 U.S.C.…
Date: February 23, 2023
Docket Number: 21-1804
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court convicting Defendant of one count of conspiracy to commit wire fraud, three counts of substantive wire fraud, and two counts of aggravated identity theft,…
Date: February 22, 2023
Docket Number: 22-1287
Justia Opinion Summary: The First Circuit affirmed the order of the bankruptcy court determining that Donald Kupperstein knowingly and fraudulently omitted and misrepresented material facts in his Chapter 7 bankruptcy petition and related…
Date: February 22, 2023
Docket Number: 22-9001
Justia Opinion Summary: The First Circuit affirmed the rulings of the bankruptcy court in this adversary proceeding brought by Ann Tracy Botelho against her neighbor and business partner, Mary E. Buscone, during Mary's bankruptcy proceedings,…
Date: February 14, 2023
Docket Number: 21-1690
Justia Opinion Summary: The First Circuit affirmed the judgment of the Title III court dismissing this adversary proceeding for lack of jurisdiction, holding that the district court properly dismissed the action. The Financial Oversight and…
Date: February 14, 2023
Docket Number: 22-1466
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court granting Defendants' motion to dismiss this case arising from a labor dispute under Fed. R. Civ. P. 12(b)(6), holding that Plaintiff's constitutional rights…
Date: February 10, 2023
Docket Number: 22-1116
Justia Opinion Summary: The First Circuit affirmed Defendant's sentence of twenty-four months in prison for violating the terms of his supervised release, holding that the sentence was both procedurally and substantively reasonable. After…
Date: February 8, 2023
Docket Number: 21-1313
Justia Opinion Summary: The First Circuit denied in part and dismissed in part the order of the Board of Immigration Appeals (BIA) upholding an immigration judge's (IJ) denial of Petitioners' request for asylum, withholding of removal, and…
Date: February 7, 2023
Docket Number: 18-1590
Justia Opinion Summary: The First Circuit vacated the order of the Board of Immigration Appeals (BIA) rejecting Petitioner's claim for withholding of removal, holding that the BIA erred in failing properly to consider significant documentary…
Date: February 7, 2023
Docket Number: 21-1907
Justia Opinion Summary: The First Circuit affirmed the order of the district court entering summary judgment for the Town of Pittsfield, New Hampshire and dismissing Plaintiff's allegation that the Town's zoning ordinance, as applied by the…
Date: February 3, 2023
Docket Number: 21-1862
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court denying Defendant's motion to suppress evidence that he possessed an AR-15 assault rifle and many rounds of ammunition, holding that the district court…
Date: February 2, 2023
Docket Number: 21-1448
Justia Opinion Summary: The First Circuit affirmed in part and vacated in part the order of the Board of Immigration Appeals (BIA) affirming the decision of the immigration (IJ) denying all three forms of relief sought by Petitioner, holding…
Date: February 1, 2023
Docket Number: 22-1137
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court entering summary judgment against Plaintiff, a police officer with the City of Somerville, and dismissing his wrongful discharge claim, holding that there was…
Date: January 30, 2023
Docket Number: 22-1421
Justia Opinion Summary: The First Circuit affirmed Defendant's conviction for possessing firearms and ammunition as a felon, in violation of 18 U.S.C. 922(g)(1), but reversed his conviction for possessing a machine-gun, in violation of 18…
Date: January 27, 2023
Docket Number: 21-1581
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing this suit brought by Plaintiff in the District of Puerto Rico against the Financial Oversight and Management Board for Puerto Rico (the FOMB) on…
Date: January 27, 2023
Docket Number: 22-1052
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court determining that this case could not be adjudicated and dismissing the suit, holding that there was no error. Plaintiff, a foreign counterterrorism…
Date: January 26, 2023
Docket Number: 18-2155
Justia Opinion Summary: The First Circuit affirmed Defendant's sentence of seventy-eight months in prison in connection with his plea of guilty to possession with intent to distribute marijuana and possession of firearms in furtherance of drug…
Date: January 26, 2023
Docket Number: 19-1331
Justia Opinion Summary: The First Circuit affirmed Defendant's conviction and sentence for possession with intent to distribute marijuana and possession of firearms in furtherance of a drug trafficking crime, holding that Defendant's arguments…
Date: January 26, 2023
Docket Number: 21-1747
Justia Opinion Summary: The First Circuit vacated the sentence the district court judge imposed after revoking Defendant's term of supervised release, holding that the district judge's use of alleged facts from the Commonwealth of Puerto Rico…
Date: January 26, 2023
Docket Number: 22-1327
Justia Opinion Summary: The First Circuit affirmed the restitution order entered by the district court holding Defendant jointly and severally liable for all sums illicitly obtained by the charged conspiracy in this case, holding that the…
Date: January 24, 2023
Docket Number: 21-1973
Justia Opinion Summary: The First Circuit dismissed Appellant's appeal from his plea of guilty to two of thirty-four child pornography possession charges for which he was indicted, holding that Appellant's waiver of appeal was valid and…
Date: January 23, 2023
Docket Number: 21-1729
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court dismissing Appellants' complaint against the Town of Lynnfield, Massachusetts and several of the town's agencies and employees (collectively, Lynnfield) in…
Date: January 23, 2023
Docket Number: 21-1951
Justia Opinion Summary: The First Circuit affirmed in part and reversed in part the judgment of the district court dismissing Plaintiff's amended complaint bringing claims for product disparagement and related torts, holding that some of…
Date: January 23, 2023
Docket Number: 22-1100
Justia Opinion Summary: The First Circuit affirmed Defendant's two convictions for possessing a firearm as a prohibited person, in violation of 18 U.S.C. 922(g)(1) and 18 U.S.C. 924(a)(2), holding that sufficient evidence supported the…
Date: January 19, 2023
Docket Numbers: 21-1016, 22-1351
Justia Opinion Summary: The First Circuit dismissed these consolidated appeals involving the Defendant's request for retention of a seal of judicial records up until the expiration of his sentence, holding that the appeals were moot. Appellant…
Date: January 19, 2023
Docket Number: 21-1487
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court imposing two four-level enhancements and sentencing Defendant to sixty months' imprisonment, holding that there was no error in the specific components in…
Date: January 18, 2023
Docket Numbers: 21-1297, 21-1379
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court determining that Act 90, passed by the Legislative Assembly of Puerto Rico in 2019, was preempted by federal law, holding that the district court did not…
Date: January 18, 2023
Docket Number: 21-1702
Justia Opinion Summary: In this suit brought under the Racketeering Influence and Corrupt Organizations Act (RICO), the First Circuit remanded this matter for further review, holding that the district court erred in dismissing the complaint…
Date: January 13, 2023
Docket Number: 18-1830
Justia Opinion Summary: The First Circuit denied Petitioner's petition for review of an immigration judge's (IJ) denial of his application for withholding of removal, holding that the Petitioner's arguments were unavailing. Petitioner, a…
Date: January 11, 2023
Docket Number: 22-1070
Justia Opinion Summary: The First Circuit vacated the judgment of the district court granting summary judgment in favor of Unitil Service Corporation and dismissing the complaint brought by the Department of Labor (DOL) seeking overtime…
Date: January 9, 2023
Docket Number: 21-1517
Justia Opinion Summary: In this appeal arising out of a multidistrict litigation concerning the pharmaceutical drug ondansetron hydrochloride, better known as Zofran, the First Circuit affirmed the order of the district court granting summary…
Date: January 9, 2023
Docket Number: 21-1688
Justia Opinion Summary: The First Circuit affirmed Defendant's sentence imposed in connection with his plea of guilty to possession with intent to distribute cocaine base and possession of a firearm and ammunition as a convicted felon, holding…
Date: January 9, 2023
Docket Number: 21-1832
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court convicting Defendant of conspiracy to commit export violations, visa fraud, making false statements to federal agents, money laundering, and smuggling,…
Date: January 3, 2023
Docket Number: 22-1471
Justia Opinion Summary: The First Circuit affirmed the judgment of the federal district court dismissing Plaintiff's complaint alleging contract claims against Defendant, holding that Plaintiff insufficiently pled that her claims met the amount…
Date: January 3, 2023
Docket Number: 22-1630
Justia Opinion Summary: The First Circuit affirmed the judgment of the district court entering judgment upon the jury verdict finding Defendant liable for three undue statements of a material fact in violation of Section 10(b) of the Securities…
