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

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Federal Courts - 1st Circuit Court of Appeals - March 4 - March 11, 2010

Figueroa v. Alejandro, No. 08-1921, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 4, 2010, Decided
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Overview: Because an employee sought a position as an administrator, whose job description included developing and formulating the employer state agency's legal strategy and developing, understanding, and executing policy goals, it was a policy position not within First Amendment protection; judgment on the pleadings to the employer was affirmed.

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Peralta v. United States, No. 08-1765, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 5, 2010, Decided
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Overview: Defendant failed to meet both prongs of the Strickland test on either of his claims of ineffective assistance of counsel. Accepting the plea instead of pursuing a motion to dismiss was a strategic choice. Also, even if he were a juvenile at the time of a predicate offense, it was likely the conviction would have qualified him as a career offender.

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Foley v. Town of Randolph, No. 09-1558, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 10, 2010, Decided
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Overview: Under circumstances which indicated that a fire chief was speaking as chief, town selectmen did not violate his free speech right when they concluded that it was inappropriate for the fire chief to address budgetary and staffing issues at the scene of a fatal fire. Their 15 day suspension without pay did not violate the First Amendment.

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Lockridge v. Univ. of Me. Sys., No. 09-1895, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 10, 2010, Decided
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Overview: Given the material difference between a male professor on a non-scholarly track and plaintiff female professor on a scholarly track, and the lack of evidence suggesting that the proffered reason for denying plaintiff a pay raise--her unsatisfactory scholarship--was pretextual, her Title VII gender discrimination claim failed as a matter of law.

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Riley v. Decoulos (In re Am. Bridge Prods.), No. 09-1165, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 10, 2010, Decided
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Overview: But for defendant's status as receiver, a limitations defense would likely have succeeded, but it failed because the receiver had not rendered a final accounting or been discharged in either state or federal court; thus, the 3-year period under Mass. Gen. Laws ch. 160, ? 2A, was not triggered, and claims for mismanagement were not time-barred.

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SEC v. Tambone, No. 07-1384, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 10, 2010, Decided
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Overview: Securities professionals could not be said to have made a statement, such that liability under S.E.C. Rule 10b-5(b) attached, either by (i) using statements to sell securities, regardless of whether those statements were crafted entirely by others, or (ii) directing the offering and sale of securities on behalf of an underwriter.

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Vaqueria Tres Monjitas, Inc. v. Irizarry, No. 07-2240; No. 07-2369, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 11, 2010, Entered
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