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

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Federal Courts - 1st Circuit Court of Appeals - July 8 - July 14, 2009

Colonial Life & Accident Ins. Co. v. Medley, Nos. 08-2332, 08-2379, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 8, 2009, Decided
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Overview: Where a former employee filed a discrimination charge with a state commission and the employer and an insurer alleged ERISA preemption, abstention under Younger was required because the existence of a question of first impression regarding the ADA's applicability to the employee's claims precluded preemption from being facially conclusive.

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Janney Montgomery Scott LLC v. Tobin, No. 08-1863, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 8, 2009, Decided
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Overview: Challenge to denial of attorneys fees was remanded because, pursuant to Mass. Gen. Laws ch. 93A, ? 9(4), court found Massachusetts courts would allow right to fees under ch. 93A to extend to party who successfully defeated attempt to vacate arbitration award in court, and the district court abused its discretion to award fees by not exercising it.

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McCullen v. Coakley, No. 08-2310, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 8, 2009, Decided
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Overview: Mass. Gen. Laws ch. 266, ? 120E1/2 (2007), which implicated First Amendment speech rights, survived intermediate scrutiny because its creation of a 35-foot buffer zone at abortion clinics represented a permissible response to reasonably perceived threat to public safety. It was a valid time-place-manner regulation and constitutional on its face.

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United States v. Bryant, No. 08-1160, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 8, 2009, Decided
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Overview: In light of the high degree of similarity between the two drug transactions and defendant's familiarity with both the officer and the officer's drug request the district court did not commit clear error in finding that the uncharged sale of 0.7 grams of crack cocaine constituted relevant conduct under U.S.S.G. ? 1B1.2(a)(2).

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United States v. Meadows, No. 08-1122, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 8, 2009, Decided
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Overview: Defendant's conviction for being a felon in possession of a firearm under 18 U.S.C.S. ? 922(g)(1) was upheld because, inter alia, he was properly handcuffed and removed from a home during an investigatory stop under the Fourth Amendment, the prosecutor's closing argument was proper, and his jury instruction challenges were rejected.

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Amouri v. Holder, No. 08-1993, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2009, Decided
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Overview: Immigration Judge's refusal to grant the alien's motion for a continuance did not violate the alien's due process rights because without a concrete demonstration that additional witnesses and documents existed, were not available at the hearing, and would have supported his story, the court could make no finding of prejudice.

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Gargano v. Liberty Int'l Underwriters, No. 08-2287, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2009, Decided
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Overview: Because the attorney's insurance claim was not both made and reported within the relevant policy coverage periods, the attorney stated no plausible claim for breach of contract or for deceptive business practices under Massachusetts law, and the district court's dismissal of the attorney's complaint was affirmed.

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Makieh v. Holder, No. 08-2213, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2009, Decided
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Overview: BIA's denial of the alien's application for withholding of removal and for protection under the CAT was supported by substantial evidence on the record as a whole where the administrative record did not support the alien's claim that he would more likely than not be persecuted because he was a Syrian who had lived in the United States for 17 years.

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