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

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Federal Courts - 1st Circuit Court of Appeals - October 29 - November 5, 2009

Casey v. Am. Home Mortg. Servicing, Inc. (In re Fuentes), BAP NO. MB 09-007, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, October 29, 2009, Decided
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Overview: Bankruptcy appellate panel did not have jurisdiction to hear a mortgage servicing company's appeal from a bankruptcy court's judgment that a Chapter 7 debtor fraudulently transferred her interest in real property to her mother because the bankruptcy court erred when it certified that the judgment was final under Fed. R. Civ. P. 54(b).

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Guillemard-Ginorio v. Contreras-Gomez, No. 08-1302, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 29, 2009, Decided
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Overview: Judgment in favor of a husband and wife and their jointly-owned insurance agency was affirmed because the Office of the Insurance Commissioner of Puerto Rico investigated and sanctioned them due to their political affiliation in violation of U.S. Const. amends. I and XIV. Denial of abstention and qualified immunity had been proper.

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Holder v. Town of Sandown, No. 08-1582, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 29, 2009, Decided
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Overview: At the time he arrested plaintiff husband, the officer had sufficient information to conclude that the offense of simple assault against his estranged wife had taken place; thus, there was no violation of the Fourth Amendment, and a district court properly granted summary judgment to the police and a city on the husband's ? 1983 claim.

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Sonoran Scanners, Inc. v. Perkinelmer, Inc., No. 09-1089, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 29, 2009, Decided
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Overview: Defendant was entitled to summary judgment on a Massachusetts General Laws Chapter 93A claim because the alleged unfair or deceptive conduct of defendant did not occur primarily and substantially in Massachusetts. Defendant did have implied obligation under purchase agreement to use reasonable efforts to develop and promote plaintiffs' technology.

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Glacken v. Dickhaut, No. 09-1491, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 3, 2009, Decided
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Overview: 28 U.S.C.S. ? 2254 petitioner's jury instruction claim was procedurally defaulted because the Massachusetts Supreme Judicial Court consistently applied the rule that contemporaneous objection to a jury instruction was necessary to avoid forfeiture, and petitioner's brief was insufficient to demonstrate cause for the default.

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Omnipoint Holdings, Inc. v. City of Cranston, No. 08-2491, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 3, 2009, Decided
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Overview: Town zoning board effectively prohibited personal wireless service in violation of 47 U.S.C.S. ? 332 by denying variance for construction of tower since wireless carrier demonstrated significant gap in service by using reasonable signal level, and carrier properly explored alternatives and established that chosen site was only feasible option.

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Gourdet v. Holder, No. 08-2422, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 4, 2009, Decided
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Overview: In affirming the denial of CAT relief, the court deferred to the BIA's findings that although horrendous, prison conditions that a criminal detainee would face upon return to Haiti were not sufficiently severe to rise to the level of torture and that acts of mistreatment that he would likely face did not amount to torture.

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Miller v. Nichols, No. 09-1174, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 4, 2009, Decided
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Overview: A federal court lacked jurisdiction over a claim brought by parents who sought to enjoin the adoption of their child because it was an end run around a state court's judgment terminating their parental rights, and because the factual issues underlying plaintiffs' other claims could not be relitigated under the doctrine of issue preclusion.

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United States v. Eisom, No. 08-1893, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 5, 2009, Decided
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Overview: Prosecution of conduct by the State of Maine in a separate state proceeding did not, without more, disqualify that conduct from inclusion in a federal court's sentencing calculus for a defendant who had pled guilty to a federal drug-trafficking charge pursuant to the relevant conduct guideline, U.S. Sentencing Guidelines Manual ? 1B1.3.

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United States v. Oquendo-Rivera, No. 08-2481, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 5, 2009, Decided
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Overview: Evidence that defendant shot at an officer was shaky, and the court could not on the record, at least on the basis of the explanation provided, sustain the finding of defendant's guilt. Whether more evidence and more explanation could justify the result was a matter for the future. On remand, the case was to be assigned to a different judge.

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