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| Connectu LLC v. Zuckerberg, No. 07-1796,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 3, 2008, Decided
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Overview: Amended complaint, filed as of right, superseded and replaced the original complaint, and the action was at that point transformed from a diversity case into a federal question case, to which the time-of-filing rule did not apply. Thus, the district court mistakenly granted the founders' motion to dismiss since it had federal question jurisdiction.
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| Dixon v. Shamrock Fin. Corp., No. 07-1896,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 3, 2008, Decided
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Overview: Where a consumer argued that a financial corporation violated the FCRA, 15 U.S.C.S. § 1681 et seq., by unlawfully accessing his credit report to solicit him without extending him a firm offer of credit, his action was properly dismissed because the fact that a mailer contained no terms that allowed immediate acceptability was permitted by Congress.
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| Fernandez-Vargas v. Pfizer (Parent Corp.), No. 06-2632,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 3, 2008, Decided
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Overview: Given Puerto Rico courts' recognition of the doctrine of neutral or unexplained assaults, the victim's death undoubtedly was compensable under Puerto Rico's Work Accident Compensation Act. Thus, the district court properly held that immunity under P.R. Laws Ann. tit. 11, § 21 shielded the employer from the ex-wife's wrongful death cross-claim.
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| United States v. Politano, No. 06-2342,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 3, 2008, Decided
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Overview: After considering the PSR and the arguments of counsel, the district court concluded that, in view of the 18 U.S.C.S. § 3553(a) factors, the GSR fell below that which was appropriate for defendant's offense and circumstances, and the district court was well within its discretion in concluding that a six-month increase to the sentence was merited.
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| Delaney v. Bartee, No. 07-1526,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 4, 2008, Decided
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Overview: Denial of a state prisoner's 28 U.S.C.S. § 2254 habeas corpus petition was upheld as, given overwhelming evidence of his guilty conscience, two additional comments posed by the prosecutor, which the prisoner characterized as improper comments on his right to remain silent, did not have a substantial or injurious effect or influence on the verdict.
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| Lugo-Velzaquez v. Stiefel Labs., No. 07-2138,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 4, 2008, Decided
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Overview: Former employee's ERISA claims were properly dismissed as, though he argued that he was denied disability benefits and access to documentation in violation of 29 U.S.C.S. § 1132, he admitted he was given a brochure with enough information to allow him to calculate benefit amounts, and he failed to apply to a state-sponsored program as required.
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| Blair v. City of Worcester, Nos. 06-1626, 07-1258,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 8, 2008, Decided
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Overview: Individuals' evidence gave rise to an inference that the officers, in the past, authorized the principal clerk to act as their agent for service of process. Thus, the district court abused its discretion by dismissing the action for failure of service of process under Fed. R. Civ. P. 4 without allowing limited discovery and an evidentiary hearing.
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| Massachusetts v. United States, Nos. 07-1482, 07-1483,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 8, 2008, Decided
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Overview: Petition for review of the NRC's orders was denied because the Commonwealth chose the wrong path when it sought to raise the safety issues as a party in the licensing proceedings and had to abandon its attempt to attain formal "party" status and instead seek to participate in the licensing proceedings as an "interested governmental entity."
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