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| Council of Ins. Agents & Brokers v. Juarbe-Jimenez, No. 05-2607,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 30, 2006, Decided
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Overview: An association representing insurance agencies and brokerage firms had associational standing to challenge the constitutionality of 26 P.R. Laws Ann. § 329 and § 927, which prohibited nonresident agents and brokers from soliciting insurance and inspecting risks in Puerto Rico, because at least one of its members was licensed in Puerto Rico.
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| Dominion Energy Brayton Point, LLC v. Johnson, No. 05-2231,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 30, 2006, Decided
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Overview: District court properly dismissed for lack of subject matter jurisdiction a power plant owner's suit against the EPA, alleging that the EPA erred in not holding an evidentiary hearing on a proposed permit and thermal variance, because the denial was a reasonable interpretation of 33 U.S.C.S. §§ 1342(a), 1326(a), and entitled to deference.
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| Galibois v. Fisher, No. 05-1576,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 31, 2006, Decided
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Overview: Protester's federal civil rights action was erroneously dismissed under the Rooker-Feldman doctrine because it sought relief from an injury caused by a police sergeant, not by a state court dismissal of a similar action for failure to state a claim; also, the protester was not precluded from bring a federal claim by the Full Faith and Credit Act.
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| Sephton v. FBI, No. 05-1820,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 31, 2006, Decided
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Overview: Where a requester sought documents from the FBI regarding a plane crash, the FBI was properly granted summary judgment because the FBI adequately searched for responsive documents, and the requester forfeited the argument that, by operation of Fed. R. Civ. P. 8(d), the FBI's failure to file an answer to his FOIA complaint amounted to an admission.
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| United States v. Brooks, No. 04-1894,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 31, 2006, Decided
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Overview: Defendant's sentence for a drug conspiracy was proper, given the lack of plain error under Booker or as to the weight given by the district court to the drug quantity and the absence of clear error as to the leadership role and obstruction of justice enhancements.
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| United States v. Montero-Diaz, No. 05-1496,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 3, 2006, Decided
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Overview: Defendant's sentence for illegal reentry, which was at the bottom of the advisory guidelines range, did not raise fair warnings under the Due Process Clause and was based on the district court's reasonable reliance on defendant's record of prior convictions and repeated illegal re-entries.
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| Adorno v. Crowley Towing & Transp. Co., No. 05-1839,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 4, 2006, Decided
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Overview: Where former employees who alleged an employer violated a CBA and a union breached its duty of fair representation waited 15 months after motions for summary judgment were filed to request additional discovery, their Fed. R. Civ. P. 56(f) motion was untimely.
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| Borinquen Biscuit Corp. v. M.V. Trading Corp., No. 05-2591,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 4, 2006, Decided
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Overview: The district court did not err in preliminarily enjoining defendant from advertising, distributing, or selling cookies or crackers in Puerto Rico under the trade name "Ricas" because the plaintiff's registered trademark for "RICA" had a presumption of inherent distinctiveness and use of the competing mark would likely result in consumer confusion.
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| Mass. Mut. Life Ins. Co. v. Fraidowitz, No. 05-1578,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 4, 2006, Decided
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Overview: A district court's determination that an insurer was not obligated to pay additional disability coverage and granting summary judgment in favor of the insurer was affirmed because the requirement that the insured must not be disabled to obtain additional coverage satisfied both parts of the condition-precedent standard.
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