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| Cherry Hill Vineyard, LLC v. Baldacci, No. 07-1513,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 11, 2007, Decided
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Overview: Me. Rev. Stat. Ann. tit. 28-A, § 1355 did not violate the dormant Commerce Clause by allowing direct sales to consumers by farm wineries, but only in face-to-face transactions, as Maine wineries were not benefitted at the expense of out-of-state competitors; further, Maine outlawed all direct wine shipping, and farm licenses were equally available.
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| Ortiz-Araniba v. Keisler, No. 06-2650,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 11, 2007, Decided
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Overview: Petition for review of an alien, whose report of a robbery had led to the robber's conviction, was denied because substantial evidence supported the BIA's finding that the government of El Salvador was willing and able to control the alien's potential persecutors and, thus, the alien was not eligible for asylum under 8 U.S.C.S. § 1158.
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| United States v. Newbert, No. 07-1387,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 11, 2007, Decided
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Overview: When defendant withdrew his guilty plea due to plausible new evidence of innocence, the Government unsuccessfully argued that, by withdrawal, he breached his agreement and, per the agreement, waived his Fed. R. Evid. 401 and Fed. R. Crim. P. 11 rights as the agreement was ambiguous and contract law application was limited as innocence was involved.
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| United States v. Portes, No. 05-1691,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 11, 2007, Decided
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Overview: Sentence was affirmed where the district court did not err when it sentenced defendant pursuant to a statute with an increased statutory maximum on the basis of a drug quantity that the jury did not find beyond a reasonable doubt, in violation of Apprendi, where there was overwhelming and uncontroverted evidence of the requisite quantity of drugs.
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| Galarneau v. Merrill Lynch, Pierce, Fenner & Smith Inc., No. 06-2410,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 12, 2007, Decided
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Overview: Sufficient evidence supported the jury's verdict for the stockbroker on her defamation claim where the expert testimony that the stockbroker's trading was appropriate, even if active, was strong evidence that the employer's statement on the termination notice was false and there was evidence that the employer recklessly disregarded its falsity.
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| Rivera-Olmo v. State Ins. Fund Corp., No. 06-1767,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 12, 2007, Decided
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Overview: An employee's claims against her employer under the Americans with Disabilities Act, 42 U.S.C.S. §§ 12101-12213; P.R. Laws Ann. tit. 1, § 501 et seq.; and P.R. Laws Ann. tit. 31, § 5141 were barred by a prior settlement agreement as they were all connected with facts alleged in a prior complaint and, further, they were barred by a general release.
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| Global NAPs, Inc. v. Verizon New Eng., Inc., No. 06-2701,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 16, 2007, Decided
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Overview: Interconnection agreement required reciprocal compensation under 47 U.S.C.S. § 251 during the interim period between the start of the agreement and the effective date of the FCC's interim plan where the company and the competing carrier tied the obligation vel non to the forthcoming FCC order, and the company agreed to pay interim compensation.
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| United States v. Connolly, No. 05-2772,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 16, 2007, Decided
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Overview: Defendant's Fed. R. Crim. P. 33 new trial motion was properly denied sans an evidentiary hearing as, reviewed for abuse of discretion and under the Brady, rather than the Wright, test, a witness's jailhouse recantation was unworthy of credence as his testimony was corroborated, many assertions were false, and it was, to some extent, cumulative.
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| Wan Chien Kho v. Keisler, No. 06-2306,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 16, 2007, Decided
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Overview: An alien's petition for review of the BIA's denial of withholding of removal pursuant to 8 U.S.C.S. § 1231(b)(3)(A) was denied because there was no ongoing pattern or practice of persecution against ethnic Chinese or Christians in Indonesia, the BIA's decision was supported by substantial evidence, and a "disfavored group" standard was rejected.
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