1st Circuit Court of Appeals, January, 2010, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - January 29 - February 2, 2010

Latin Am. Music Co. v. ASCAP, No. 08-1498, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2010, Decided
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Overview: It was not error to apply New York law, rather than Copyright Act, when instructing jury on whether there had been an effective termination of contract because contract was formed in New York and was silent with respect to termination, and there was no conflict between laws because sections of Copyright Act cited by plaintiffs were inapplicable.

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Ramirez-Lebron v. Int'l Shipping Agency, Inc., No. 08-2321, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2010, Decided
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Overview: Where a group of employees alleged an employer breached a CBA by submitting a sham, secret agreement with a 2nd group to secure an arbitration award favorable to the 2nd group without the 1st group or union participating, the employer could not then invoke the CBA's arbitration procedure; dismissal of the 29 U.S.C.S. 185(a) complaint was reversed.

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United States v. Carl, No. 08-2281, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2010, Decided
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Overview: The admission of defendant's statements made to a Bureau of Alcohol, Tobacco, Firearms, and Explosives agent did not violated his Sixth Amendment right to counsel, because other evidence proved that defendant was distributing cocaine base. Three other witnesses each testified repeatedly about the drugs defendant provided to them.

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United States v. Cartagena, No. 08-2177, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2010, Decided
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Overview: Because defendant failed to point to concrete facts that would support the conclusion that disclosure of informants' identities would have aided his defense, the district court did not abuse its discretion in refusing to require the government to produce documents containing identifying information as to the informants.

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United States v. Larios, Nos. 08-1299, 08-1527, 08-1987, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2010, Decided
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Overview: Any error in admitting a recording of a controlled cocaine transaction was harmless, as to two co-defendants who plead guilty because there was ample evidence that they had not given truthful proffers and were ineligible for safety valve relief pursuant to 18 U.S.C.S. ? 3553(f) and U.S. Sentencing Guidelines Manual ? 5C1.2.

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201 Forest St., LLC v. 201 Forest St., LLC, BAP NO. MW 09-023, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 2, 2010, Decided
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Overview: Mortgagee's right to foreclose on Chapter 11 debtor's property remained viable under 11 U.S.C.S. ? 108(c) until 30 days after termination or expiration of the stay that was imposed under 11 U.S.C.S. ? 362(a) when the debtor declared bankruptcy, even though the five-year period specified in Mass. Gen. Laws ch. 260, ? 33 lapsed during that extension.

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