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

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Federal Courts - 1st Circuit Court of Appeals - February 9 - February 17, 2010

Chiang v. Verizon New Eng., Inc., No. 09-1214, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 9, 2010, Decided
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Overview: A private right of action existed under 15 U.S.C.S. ? 1681s-2(b), but plaintiff consumer failed to create a disputed fact that defendant cell phone company's investigation as a furnisher to consumer reporting agencies was unreasonable or that there were actual inaccuracies that could have been detected in a reasonable investigation.

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Klaucke v. Daly, No. 09-1222, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 9, 2010, Decided
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Overview: Police officer had ample grounds to justify his reasonable suspicion that a student who was walking with companions, all of whom were visibly carrying alcohol, was a minor in possession of alcohol when he detained the student, demanded identification, and performed a warrants check, all in conformity with the Fourth Amendment.

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Pellegrino v. Boyajian (In re Pellegrino), BAP NO. RI 09-042, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 9, 2010, Decided
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Overview: Where Chapter 13 debtors did not have sufficient income over the minimum commitment period to make payments under a plan, even if the proceeds of a one time $ 8000 loan were considered income, the bankruptcy court properly found that the debtors were not eligible for chapter 13 relief under 11 U.S.C.S. ? 109(e).

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United States v. Davila-Gonzalez, No. 08-2575, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 10, 2010, Decided
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Overview: It was inferred from the protracted arguments and colloquy preceding the imposition of sentence that all arguments and evidence were considered before settling upon an appropriate sentence. The spread between the low and high ends was too modest to trigger 18 U.S.C.S. ? 3553(c)'s requirement to provide more explanation.

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ANSYS, Inc. v. Computational Dynamics N. Am., Ltd., No. 09-2634, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 12, 2010, Decided
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Overview: Where a former employer sued a former employee and his new employer based on noncompetition and confidentiality clauses in an employment contract, the former employer was properly denied a preliminary injunction because, inter alia, the relevant policy choices had not been explicitly decided by the New Hampshire courts.

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Morrissette v. Teledyne Princeton, Inc., No. 09-1787, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 12, 2010, Decided
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United States v. Dowdell, No. 08-1855, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 12, 2010, Decided
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Overview: Because defendant was prosecuted under 21 U.S.C.S. ? 841(a)(1), which prohibits distribution of any controlled substance regardless of type, drug identity had no bearing on the substance of the charge and amending the indictment from "cocaine" to "cocaine base" did not violate the Presentment Clause of U.S. Const. amend. V.

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Forsyth v. Spencer, No. 09-1011, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 16, 2010, Decided
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Overview: Habeas relief was properly denied because a state prisoner failed to establish that a state court erred in finding no promise or commitment by the prosecutor existed and in finding plea counsel did not lead petitioner to believe the contrary, still less that the state court's decision was based on an unreasonable determination of the facts.

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Baker v. St. Paul Travelers Ins. Co., No. 09-1239, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 17, 2010, Decided
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Overview: Summary judgment was reversed and an insurance coverage case was remanded because the district court had not reached the question of whether UIM coverage purchased by an employer fit within the carve-out exception to Massachusetts' rule that an injured employee could not recover both workers' compensation and her employer's UIM coverage.

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United States v. De La Rosa-Ramos, No. 08-2433, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 17, 2010, Decided
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Overview: District court correctly counted two convictions as separate offenses- -they were not described in the same charging document nor were the sentences for the convictions imposed on the same day- -for purposes of tabulating defendant's criminal history score under USSG ? 4A1.2(a).

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