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

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Federal Courts - 1st Circuit Court of Appeals - June 8 - June 11, 2009

Martinez-Serrano v. Quality Health Servs., No. 08-1127, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 8, 2009, Decided
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Overview: In medical malpractice suit, exclusion of expert testimony and granting of hospital's Fed. R. Civ. P. 50 motion were proper because district court could preclude testimony of expert witness who changed theory of case after time for filing expert reports. Without expert opinion, record contained no significantly probative evidence as to causation.

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United States v. Zayas, No. 08-1089, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 8, 2009, Decided
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Overview: Defendant's two-level role-in-the-offense enhancement under U.S.S.G. ? 3B1.1(c) was affirmed where the finding that defendant was an organizer, leader, manager or supervisor of others in the offense was supported by the PSR, which stated that defendant used two or three individuals to sell his crack cocaine.

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Josselyn v. Dennehy, No. 08-1095, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 9, 2009, Decided
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Overview: In rejecting inmates' facial First Amendment challenge to an inmate-mail regulation, a district court correctly applied the four-part test set forth in Turner v. Safley. An as-applied challenge was also properly rejected. A cell-decoration policy was reasonably related to legitimate governmental interests, including prison security.

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Schomaker v. United States, No. 08-1915, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 9, 2009, Decided
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Overview: Because plaintiff's Fourth Amendment claim was not filed until nearly nine years after the date of accrual, or when no response was made to his request for return of seized property, the claim was untimely. Since his claims could not have accrued without his awareness, he could not demonstrate circumstances warranting equitable tolling.

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United States v. Benitez-Avila, No. 08-1463, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 9, 2009, Decided
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Overview: Although district court erred in admitting hearsay evidence, pursuant to Fed. R. Evid. 801(c), which tended to identify defendant as assailant in an armed robbery of a consular representative of foreign government under 18 U.S.C.S. ? 112(a), in light of the very strong evidence of defendant's guilt--including identification--the error was harmless.

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O'Laughlin v. O'Brien, No. 08-1010, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 10, 2009, Decided
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Overview: Because the inmate was not connected to the crime scene by forensic evidence or eyewitness testimony, and the consciousness of guilt evidence constituted bare conjecture regarding the inmate's guilt, the state court's decision that relied primarily on that evidence, was objectively unreasonable under 28 U.S.C.S. ? 2254.

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Pangemanan v. Holder, No. 08-1381, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 10, 2009, Decided
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Overview: Christian alien from Indonesia was properly denied withholding of removal under 8 U.S.C.S. ? 1231 because she, her husband, and her daughters were never themselves mistreated on account of their Christian faith, she alleged a series of isolated incidents involving others, and her family continued to live safely in Indonesia.

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Gonzalez Figueroa v. J.C. Penney P.R., Inc., No. 08-1032, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 11, 2009, Decided
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Overview: Derivative claims under P.R. Laws Ann. tit. 31, ? 5141, brought by an employee's adult relatives were properly dismissed as time-barred. They could have brought stand-alone claims within one-year of knowing of the employee's discriminatory treatment. Filing of an EEOC charge did not toll their claims; however, a minor child's claim was tolled.

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Melfi v. WMC Mortg. Corp., No. 09-1066, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 11, 2009, Decided
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Overview: Where a borrower refinanced his home mortgage, but the form providing notice of his right to rescind the transaction left blank the spaces for the date of the transaction and the actual deadline to rescind, the notice adequately complied with TILA because a reasonable borrower could not have been misled.

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