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 23 - March 1, 2007

  
Eze v. Gonzales, No. 04-2091, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2007, Decided
View this case - free  

Overview: The court affirmed the decision of the BIA finding that service by delivery of a notice of the termination of temporary resident status satisfied the principle of "notice and opportunity to be heard," especially where petitioner admitted that he had received and signed the notice of his termination of his temporary resident status.

Search Cases for Free

  
Malot v. Dorado Beach Cottages Assocs. S. En C. Por A , No. 06-1035, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2007, Decided
View this case - free  

Overview: Dismissal of plaintiffs' case with prejudice under Fed. R. Civ. P. 37(b)(2) and 41(b) was reversed because plaintiffs' delay or failure to complete depositions in Puerto Rico delayed discovery only a few months, plaintiffs made efforts to comply with orders by offering teleconference depositions, and there was no evidence of deliberate misconduct.

Search Cases for Free

  
Universal Commun. Sys. v. Lycos, Inc., No. 06-1826, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2007, Decided
View this case - free  

Overview: Claims against the operator of an Internet message board for fraudulent securities transactions and cyberstalking based on the posting of allegedly false messages were properly dismissed based on the immunity afforded the operator under 47 U.S.C.S. ? 230; an anti-dilution claim raised First Amendment concerns and was also properly dismissed.

Search Cases for Free

  
United States v. Miller, No. 05-2763, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 26, 2007, Decided
View this case - free  

Overview: A defendant's sentence under the Armed Criminal Career Act for three prior felonies was affirmed because, by his silence, defendant "adopted," pursuant to Fed. R. Evid. 801, a state judge's recitation of the predicate facts that the burglary occurred in a store which qualified it as "generic burglary" and a third ACCA predicate conviction.

Search Cases for Free

  
Curtis v. Salem Five Mortg. Co., LLC (In re Curtis), BAP NO. EB 06-028, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 28, 2007, Decided
View this case - free  

Overview: On remand, bankruptcy court was to consider time at which defendant learned of discharge, and whether any or all of default notices or credit reporting activities violated 11 U.S.C.S. ? 524(a)(2). Per Pratt standards, variety of somewhat passive acts were potential violations of ? 524(a)(2) if they were objectively coercive or coercive in effect.

Search Cases for Free

  
Asociacion De Subscripcion Conjunta Del Seguro De Responsabilidad Obligatorio v. Flores Galarza, No. 05-1430, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
View this case - free  

Overview: Puerto Rico's Secretary of the Treasury was entitled to quality immunity on insurer's claims seeking damages from the Secretary because law was not clearly established that Secretary violated Fifth and Fourteenth Amendments to the U.S. Constitution when he withheld funds that were collected from motorists under P.R. Laws Ann. tit. 26, ?? 8051-61.

Search Cases for Free

  
Frederique-Alexandre v. Dep't of Natural & Envtl. Res., No. 06-1132, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
View this case - free  

Overview: Summary judgment was properly granted to a public employer because a former employee's Title VII discrimination and hostile work environment claims were not timely filed, and the court declined to consider an untranslated document submitted in support of the employee's timeliness assertion; the employee also failed to exhaust his retaliation claim.

Search Cases for Free

  
Morley v. Ontos, Inc. (In re Ontos, Inc.), Nos. 06-1512 and 06-1513, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
View this case - free  

Overview: Trustee had authority to enter into a stipulation for waiver and release to settle claims for fraudulent transfer, breach of fiduciary duty, and alter ego liability brought by former employees against a debtor, its officers and directors, because the claims were property of the estate, and the bankruptcy court had jurisdiction over the stipulation.

Search Cases for Free

  
Trapp v. Spencer, No. 05-2827, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
View this case - free  

Overview: Habeas petition was denied as untimely where allowing the inmate to equitably toll the limitations period under 28 U.S.C.S. ? 2244 based on his attorney's mistake as to the habeas limitations period would have been inconsistent with the U.S. Supreme Court's holding that attorney miscalculation was not sufficient to warrant equitable tolling.

Search Cases for Free

  
Watson v. Trans Union LLC, Nos. 05-2289, 05-2360, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
View this case - free  

Overview: The dismissal of a prisoner's claims brought under the FCRA was affirmed; even if the dismissal of the complaint for noncompliance was an abuse of discretion, the prisoner's prospects of ultimately establishing injury were minimal, i.e., he had not applied for credit and did not expect to do so during his incarceration.

Search Cases for Free

  
Back to Top