1st Circuit Court of Appeals, August, 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 - August 5, 2009

Am. Nat'l Fire Ins. Co. v. York County, No. 08-2439, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
View this case - free

Overview: Insurance company was equitably estopped from pursuing its claim for reimbursement of deductibles because the insurance company's course of conduct was unreasonable and misleading, the county reasonably bought into the impression that the insurance company had created, and the county, through that reliance, suffered a cognizable detriment.

Search Cases for Free

Franklin Mem. Hosp. v. Harvey, No. 08-2550, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
View this case - free

Overview: A non-profit hospital's objections to Maine's free care laws and to the MaineCare program was a dispute with political policy choices and the laws were not unconstitutional regulatory takings under either a per se or ad hoc analysis. The hospital's better course of action was to seek redress through the state's political process.

Search Cases for Free

Interface Partners Int'l, Ltd. v. Hananel, No. 08-1983, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
View this case - free

Overview: In a former employer's breach of contract suit against a former employee, it was not an abuse of discretion to grant the employee's motion to dismiss on forum non conveniens grounds, because, inter alia, the employee's alleged breaches of the contract occurred in Israel and testimony from the employee's Israeli witnesses was relevant.

Search Cases for Free

Morse v. Rudler (In re Rudler), No. 08-9007, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
View this case - free

Overview: Means test for identifying an abusive Chapter 7 petition allowed the debtor to deduct from his income the installment payments due for property he planned to surrender in the bankruptcy under 11 U.S.C.S. ? 707(b)(2) because at the time the disposable income calculation was performed, such payments remained "scheduled as contractually due."

Search Cases for Free

Punzalan v. Holder, No. 08-2277, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
View this case - free

Overview: Where an alien's first motion to reopen was filed after his voluntary departure deadline, his second motion to reopen under 8 U.S.C.S. ? 1229a based on ineffective assistance of counsel was properly denied because, inter alia, he failed to meet his burden of providing sufficient detail of counsel's ineffectiveness.

Search Cases for Free

United States v. Stone, No. 08-1459, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
View this case - free

Overview: Where defendant pled guilty to child pornography under 18 U.S.C.S. ?? 2252A and 2256, his 210-month sentence was upheld because the district court appreciated its Kimbrough discretion and clearly understood that it could impose a variant sentence under the advisory Sentencing Guidelines, and the sentence was substantively reasonable.

Search Cases for Free

Communities Portal