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| Alberto San, Inc. v. Consejo De Titulares Del Condominio San Alberto, No. 07-1605,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 28, 2008, Decided
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Overview: Given the congressional intent to limit § 1983 claims brought under federal question jurisdiction to situations of state action, it was inappropriate to grant such relief in the owner's case because there was no joint participation by the board with the state or its agents, and there was no coercion or significant encouragement by the state.
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| Brown v. Am. Honda (In re New Motor Vehicles Canadian Exp. Antitrust Litig.), No. 07-2257, No. 07-2258, No. 07-2259,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 28, 2008, Decided
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Overview: Certification of injunctive class under 15 U.S.C.S. § 26 was reversed because plaintiffs lacked standing to sue for injunctive relief under the federal antitrust laws. Circumstances had changed such that there was no longer a live controversy between named plaintiffs and car manufacturers to bolster plaintiffs' standing to seek injunctive relief.
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| United States v. Girouard, No. 07-1244,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 28, 2008, Decided
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Overview: Defendant's claim that empanelment of jury that convicted her was tainted by religious discrimination in violation of Due Process Clause was rejected, and the court affirmed the verdict because it found no clear error in district court's implicit finding that defense failed to raise a prima facie case of religious discrimination in jury selection.
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| United States v. Page, No. 06-2006, No. 06-2007,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 28, 2008, Decided
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Overview: Convictions under 21 U.S.C.S. §§ 841(a)(1) and 846 were affirmed as jury could reasonably infer that defendant knew of illegal purpose and went on trip specifically to provide protective countersurveillance during drug transaction, and second defendant, who loaded bags of cocaine, formed requisite intent to possess that cocaine under § 841(a)(1).
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| United States v. Soares, No. 07-1479,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 28, 2008, Decided
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Overview: Reasonable view of evidence supported denial of defendant's motion to suppress a gun found in pat-frisk warrantless search because officers had justification under the Fourth Amendment to pat-frisk defendant, who refused repeated orders to remain still and keep his hands in officer's view and became increasingly agitated as traffic stop progressed.
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| Cuko v. Mukasey, No. 07-1273,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 31, 2008, Decided
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Overview: Petition for review was denied because court found that inconsistencies about the funding and selling of alien's home raised issues of credibility regarding alien's reasons for fleeing to the United States, which went to the heart of his application. Denial of the asylum claim also effectively disposed of his withholding of removal claim.
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| Five Star Transp., Inc. v. NLRB, No. 07-1316,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 31, 2008, Decided
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Overview: NLRB properly found the school bus drivers to be protected by the NLRA because the letters they sent to the school district were "concerted activity" under 29 U.S.C.S. § 157 of the NLRA since the fact that the drivers' letters spoke to the same concerns raised at their union meeting gave credence to the NLRB's finding that they did not act alone.
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| United States v. Alfano, No. 07-1624,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 2, 2008, Decided
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Overview: U.S.S.G. § 2B1.1 enhancement was proper where that the name of a fictitious person was used on one of the checks, in addition to the account number and payor name of two actual entities, was immaterial since the definition of "means of identification" included any name or number that may be used, alone or in conjunction with any other information.
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