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

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

Federal Courts - 1st Circuit Court of Appeals - February 18 - February 24, 2010

United States v. Damon, No. 09-1705, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 18, 2010, Decided
View this case - free

Overview: Because defendant's involvement in his associates' simultaneous attempts to obtain the other two guns from the same pawnbroker, at the same time, and through the same proxy, was relevant conduct, defendant's offense "involved" these other two guns as well, and the U.S. Sentencing Guidelines Manual ? 2K2.1(b)(1)(A) enhancement was properly applied.

Search Cases for Free

Cianbro Corp. v. George H. Dean, Inc., No. 09-1574, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 22, 2010, Decided
View this case - free

Overview: Nothing supported a conclusion that defendant supplier relied on the vessels' credit in supplying its steel and labor to a subcontractor, or established that it supplied the necessaries to the vessels as required by 46 U.S.C.S. ? 31342(a). Thus, the supplier lacked standing to claim a maritime lien upon the vessels.

Search Cases for Free

Pleasures of San Patricio, Inc. v. Mendez-Torres, No. 08-2388, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 22, 2010, Decided
View this case - free

Overview: Action seeking injunctive and declaratory relief from a tax assessed under Puerto Rico law was barred by the Butler Act because it fell within the ambit of the Act and Puerto Rico's requirement that plaintiff absorb the burden of a tax before contesting it did not deprive plaintiff of a plain, speedy, and efficient remedy in Puerto Rico courts.

Search Cases for Free

United States v. Mitchell, No. 09-1260, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 22, 2010, Decided
View this case - free

Overview: Because Government offered more than sufficient extrinsic evidence to support admission of coconspirator statements, district court properly admitted statements under Fed. R. Evid. 801(d)(2)(E). There was no plain error in failure to give buyer-seller instruction because record did not support theory that defendant was mere buyer for personal use.

Search Cases for Free

Carreras v. Sajo, No. 08-2068, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2010, Decided
View this case - free

Overview: District court acted within its discretion when it deemed admitted facts submitted by defendant because plaintiff's opposition to summary judgment failed to comply with D. P.R. R. 56(e). Plaintiff's wrongful discharge claim failed because he did not create a genuine issue of fact that he was disabled within the meaning of the ADA.

Search Cases for Free

Gintis v. Bouchard Transp. Co., No. 09-1717, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2010, Decided
View this case - free

Overview: Where property owners asserted claims against barge owners based on an oil spill, but their motion for class certification was denied, remand was warranted because the property owners presented substantial evidence of predominating common issues that called for a searching evaluation, which the district court failed to conduct.

Search Cases for Free

Walden v. City of Providence, No. 08-1534, No. 08-1535, No. 08-1536, No. 08-2417, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2010, Decided
View this case - free

Overview: District court erred in denying city officials qualified immunity because in 2002, public safety employees did not have a clearly established right under the Fourth Amendment not to have calls made at work recorded. Also, the city itself was entitled to judgment as a matter of law on the Fourth Amendment claims.

Search Cases for Free

Castro-Soto v. Holder, No. 08-1399, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 24, 2010, Decided
View this case - free

Overview: BIA's determination that a 1992 petition was extinguished for "grandfathering" purposes under 8 U.S.C.S. ? 1255(i), at the latest, by the time an alien's conditional lawful permanent residency expired and he became removable, was not clearly erroneous and the decision was affirmed.

Search Cases for Free

Garcia-Perez v. Hosp. Metropolitano, No. 09-1721, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 24, 2010, Decided
View this case - free

Overview: Dismissal of plaintiffs' suit under Fed. R. Civ. P. 41(b) for failure to produce an expert report was an abuse of discretion because the district court did not set a clear deadline under Fed. R. Civ. P. 16 for expert reports or give sufficient notice that failing to produce a report sooner was going to result in the drastic sanction of dismissal.

Search Cases for Free

Indigo Am., Inc. v. Big Impressions, LLC, No. 08-2444, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 24, 2010, Decided
View this case - free

Overview: Although a trial judge's findings on a motion to set aside default judgment under Fed. R. Civ. P. 55(c) were normally given deference, the judge made no findings nor provided any explanation, and while the lack of an explanation may have been inconsequential if the ruling were amply supported, that was not the case; thus, the default was vacated.

Search Cases for Free

Communities Portal