1st Circuit Court of Appeals, March, 2009, Federal Case law

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 - March 24 - March 26, 2009

Lye Fong Shia v. Holder, No. 08-1842, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 24, 2009, Decided
View this case - free

Search Cases for Free

Sullivan v. City of Springfield, No. 08-1817, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 24, 2009, Decided
View this case - free

Overview: Summary judgment in a city's favor was affirmed because white police officers failed to establish a causal link between the city's alleged impermissible racial classification in hiring and the adverse action, i.e., ranking of officers at time of hire. Moreover, the city had acted within the scope of a minority hiring consent decree.

Search Cases for Free

United States v. Merced-Rodriguez, No. 07-1159, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 24, 2009, Decided
View this case - free

Overview: Defendant's 18 U.S.C.S. ? 2119 aiding and abetting carjacking conviction was upheld as appellate waiver did not work manifest injustice; plea colloquy was sufficient and there was no plain error in finding that conditional intent was present: besides defendant's conduct, his codefendant had gun, which supplied culpability as aider and abettor.

Search Cases for Free

United States v. Gonzalez-Ramirez, No. 07-1880, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 25, 2009, Decided
View this case - free

Search Cases for Free

Chadwick v. WellPoint, Inc., No. 08-1685, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2009, Decided
View this case - free

Overview: Employer was not entitled to summary judgment on Title VII "sex plus" claim, although decisionmaker did not explicitly say that employee's sex was basis for assumption that employee--mother of triplets--would be unable to handle demands of promotion and home, because jury could reasonably determine that sex-based stereotype was behind explanation.

Search Cases for Free

Dawoud v. Holder, No. 08-1262, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2009, Decided
View this case - free

Overview: Alien's petition for review of BIA's denial of his motion to reopen on timeliness grounds was denied as alien was not entitled to equitable tolling even if available; he did not explain why he waited over two years from IJ's decision or 11 months from denial of his I-130 petition, which was filed under ? 245(e) of the INA, 8 U.S.C.S. ? 1255(e).

Search Cases for Free

Pierre v. Holder, No. 08-1390, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2009, Decided
View this case - free

Search Cases for Free

United States v. Lovely, No. 08-1371, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2009, Decided
View this case - free

Overview: Defendant's sentence was upheld as trial court recognized the U.S. Sentencing Guidelines range to be advisory in context of the application of the career criminal offender statute, 28 U.S.C.S. ? 994(h), and properly considered the 18 U.S.C.S. ? 3553(a) factors, including the Congressional intent evidenced in Sentencing Commission policy statements.

Search Cases for Free

United States v. Wyatt, No. 08-1539, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 26, 2009, Decided
View this case - free

Overview: Defendant's conspiracy to commit wire fraud conviction under 18 U.S.C.S. ? 1343, 1349 was proper as trial court's tentative decision to deny his motion in limine and permit Government to cross-examine him regarding a similar transaction to prove intent, knowledge, and absence of mistake under Fed. R. Evid. 404(b) was not an abuse of discretion.

Search Cases for Free

Yules v. Gillis (In re Gillis), BAP NO. MB 08-067, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, March 26, 2009, Decided
View this case - free

Search Cases for Free

Communities Portal