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| Braunstein v. McCabe, Nos. 08-1690; 08-1691,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 26, 2009, Decided
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Overview: Where a trustee filed a turnover complaint under 11 U.S.C.S. ¿ 542 seeking insurance proceeds for a damaged houseboat, a jury trial demand filed by a debtor and his wife was properly denied because no right to trial by jury under the Seventh Amendment attached to the statutory turnover action authorized by ¿ 542.
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| Broderick v. Evans, Nos. 08-1692, 08-1730,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 26, 2009, Decided
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Overview: Where a police employee was terminated and a jury found in his favor as to retaliation claims under ¿ 1983, the First Amendment, and Mass. Gen. Laws ch. 149, ¿ 185, the judgment was upheld because the evidence of liability was adequate, remittitur was not warranted, and it was proper to refuse to send the punitive damages issue to the jury.
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| TAG/ICIB Servs. v. Sedeco Servicio de Descuento en Compras, No. 08-1625,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 26, 2009, Decided
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Overview: In an action for overdue demurrage owed to an ocean carrier for shipments of goods originating in foreign ports that were discharged at a Puerto Rico port, there was no analogous federal statute of limitations applicable to the claims, P.R. Laws Ann. tit. 10, ¿ 1909 was perfectly on point, and it made sense to apply a controlling state law.
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| United States v. Bristol-Martir, No. 06-2722, No. 06-2723, No. 06-2724, No. 06-2725,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 26, 2009, Decided
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Overview: District court improperly handled a juror misconduct issue--the jury did her own internet search for terms that she shared with the jury--because it compromised defendants' right to have a trial by an unbiased jury. The district court should have questioned all jury members regarding their ability to remain impartial in light of the misconduct.
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| United States v. Stepanian, No. 08-1053,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 26, 2009, Decided
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Overview: Because individuals who were reimbursed for financial losses were "victims" for purposes of U.S. Sentencing Guidelines Manual ¿ 2B1.1(b)(2), the appellate court rejected defendant's challenge to the imposition of a six-level guideline enhancement for crimes affecting more than 250 victims.
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| United States v. Ter-Esayan, No. 07-2419,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 26, 2009, Decided
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Overview: All three Teeter requirements for a valid waiver of the right to appeal were met. The waiver was clearly delineated, the waiver was voluntarily made, and given the absence of any error in the application of the guidelines, there was no miscarriage of justice caused by enforcing defendant's waiver of the right to appeal.
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| Foxworth v. St. Amand, No. 08-1751,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 29, 2009, Decided
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Overview: Holding that evidence of the inmate's guilt was insufficient was reversed where the eyewitness's testimony could have reasonably comprised part of a constitutionally adequate foundation for the murder conviction since the eyewitness, in close proximity to the time of the murder, picked the inmate's picture from each of two separate photo arrays.
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| Garcia-Rubiera v. Calderon, No. 07-2409,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2009, Decided
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Overview: Owners' Fifth Amendment Takings Clause claim was ripe with respect to the requests for declaratory and injunctive relief where the appropriation of the duplicate insurance premiums constituted a final decision for purposes of the finality prong, and the owners claim regarding the direct appropriation of funds satisfied the just compensation prong.
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| United States v. Sanchez-Ramirez, No. 08-1116,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2009, Decided
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Overview: Defendant's third-degree burglary convictions under Fla. Stat. ¿ 810.02(3), (4) otherwise involved conduct that presented a serious potential of physical injury to another, and thus were encompassed by the ACCA's residual clause, since the risks of the possibility of confrontation with police or bystanders were present in defendant's convictions.
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| Zheng v. Holder, No. 08-2041,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2009, Decided
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Overview: Where an alien from China had two American-born children and feared forced sterilization, her asylum and withholding of removal claims under 8 U.S.C.S. ¿¿ 1101, 1158, and 1231 were properly denied because she did not prove that she had a well-founded fear of future persecution and the BIA properly weighed the evidence and did not ignore precedent.
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