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

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Federal Courts - 1st Circuit Court of Appeals - May 15 - May 21, 2009

Reifler v. Brown (In re Simply Media Inc.), No. 08-2275, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 15, 2009, Decided
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Overview: Because defendant's brief was wholly inadequate since it neither referenced the facts nor offered any case law to support her arguments, her appeal was dismissed for violation of Fed. R. App. P. 28(a)(7), (9), and her counsel was ordered to show cause why he should not pay fees and double costs for filing a brief that rendered the appeal frivolous.

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United States v. Melendez-Rivas, No. 07-1962, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 15, 2009, Decided
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Overview: Case was remanded for new trial because, although sufficient evidence supported conviction under 18 U.S.C.S. ? 2119(3), totality of record showed that the judge's questions to a witness elicited inadmissible, prejudicial testimony which was not stricken, nor was a curative instruction given. The inadmissible evidence contradicted a central defense.

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N. Am. Catholic Educ. Programming Found., Inc. v. Cardinale, No. 08-1403, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 19, 2009, Decided
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Overview: Where a nonprofit organization filed suit regarding a failed business relationship with a wireless network company and others, certain claims were dismissed because they failed to satisfy the particularity requirement of Fed. R. Civ. P. 9(b); other claims survived based plausible allegations of dilution and management use of inside information.

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Santana v. Holder, No. 07-2024, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 19, 2009, Decided
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Overview: Where petitioners applied for adjustment of status pursuant to the grandfathering provision of 8 U.S.C.S. ? 1255(i) based on a visa petition filed by a relative, denial of the application was proper because, inter alia, substantial evidence supported the BIA's finding that the relative's revoked petition was not "approvable when filed."

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United States v. Paret-Ruiz, No. 06-2709, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 19, 2009, Decided
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Overview: Where defendant was convicted of conspiracy to import with intent to distribute cocaine under 21 U.S.C.S. ?? 841, 846, 960, and 963, the verdict was reversed because the evidence was insufficient for a reasonable jury to conclude that he had an agreement with anyone other than a special agent to work together to import and possess illegal drugs.

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Neang Chea Taing v. Napolitano, No. 08-1179, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 20, 2009, Decided
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Overview: Despite the death of her husband, who was a U.S. citizen, an alien widow remained a "spouse" and thus qualified as an "immediate relative" for purposes of 8 U.S.C.S. ? 1151(b)(2)(A)(i). The meaning of the statute was unambiguous, Chevron deference to the USCIS's interpretation was not accorded, and the court's decision comported with common sense.

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United States v. Pulido, No. 08-1626, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 20, 2009, Decided
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Overview: Where defendant pled guilty to drug and firearm charges under 21 U.S.C.S. ?? 841 and 846 and 18 U.S.C.S. ? 924, his motion to withdraw his guilty plea was properly denied without conducting an evidentiary hearing because, inter alia, his claim of an oral agreement was contradicted by the record; his motion for recusal was properly denied.

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Fothergill v. United States, No. 08-1365, No. 08-1951, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 21, 2009, Decided
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Overview: Patrons alleged misconduct against the U.S. Postal Service that involved decisions about what safety measures should have been included and excluded in the layout of the post office and its appurtenant amenities. Those decisions were discretionary, and the patrons' claims were foreclosed by the FTCA's discretionary function exception.

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United States v. Scott, No. 08-1205, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 21, 2009, Decided
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Overview: Where a state parole warrant for temporary custody was executed on defendant while he was on parole, law enforcement officers' involvement did not violate the Fourth Amendment, because, inter alia, parole officers initiated the warrant and arrest process, and the law enforcement officers served in an auxiliary capacity.

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Vernet v. Serrano-Torres, No. 07-2699, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 21, 2009, Decided
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Overview: Where an employee crashed into a vehicle allegedly after leaving his employer's party legally drunk, the employer was not liable under P.R. Laws Ann. tit. 31, ? 5141, because dram-shop liability did not extend to business hosts like the employer; however, a vicarious liability claim under P.R. Laws Ann. tit. 31, ? 5142 survived dismissal.

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