U.S. First Circuit: October 2009 Archives
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October 2009 Archives

Guillemaro-Ginorio v. Contreras-Gomez, No. 08-1302

In plaintiffs' case against the Office of the Insurance Commissioner of Puerto Rico and two consecutive Insurance Commissioners claiming that they were investigated and sanctioned for Insurance Code violations solely because of their political affiliations, district court's judgment in favor of the plaintiffs in the amount of $4.7 million and a permanent injunction is affirmed as all of defendants' grounds for relief are without merit.     

Read Guillemaro-Ginorio v. Contreras-Gomez, No. 08-1302

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided October 27, 2009

Judges

Before:  Torruella, Silar, and Howard, Circuit Judges

Opinion by Torruella, Circuit Judge

Counsel

For Appellant:  Carlos A. Del Valle-Cruz, Special Counsel, Department of Justice, with whom Roberto J. Sánchez-Ramos, Secretary of Justice, Commonwealth of Puerto Rico, and Maite Oronoz-Rodríguez, Acting Solicitor General,

For Appellee:   Joseph D. Steinfield and Jeffrey J. Pyle of Prince, Lobel, Glovsky & Tye, LLP, Joan S. Peters of Nachman & Guillemard

Holder v. Town of Sandown, No. 08-1582

In plaintiff's section 1983 action against the town and employees arising from his arrest for simple assault of his estranged wife, grant of defendants' motion for summary judgment is affirmed as an officer had sufficient information to conclude that the state offense of simple assault had taken place, and as such, there was no violation of the Fourth Amendment.  

Read Holder v. Town of Sandown, No. 08-1582

Appellate Information

Appeal from the United States District Court for the District of New Hampshire

Decided October 29, 2009

Judges

Before:  Lynch, Chief Judge, Torruella, Ripple, Circuit Judges

Opinion by Ripple, Circuit Judge

Counsel

For Appellant:  Sven D. Wiberg and Wiberg Law Office

For Appellee:   Brian J.S. Cullen and CullenCollimore, PLLC

Sonoran Scanners, Inc. v. Perkinelmer, Inc., No. 09-1089

In plaintiffs' suit against defendant for breach of contract and related claims arising from an Asset Purchase Agreement, summary judgment in favor of defendant is affirmed for the most part and reversed in part where: 1) the district court correctly granted summary judgment to defendant with respect to most of the claims; but 2) reversal was warranted in one respect as, under Massachusetts law the Purchase Agreement contains an implied contractual term that required defendant to use reasonable efforts to develop and promote plaintiff's technology.  

Read Sonoran Scanners, Inc. v. Perkinelmer, Inc., No. 09-1089

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided October 29, 2009

Judges

Before:  Torruella, Boudin, and Dyk, Circuit Judges

Opinion by Dyk, Circuit Judge

Counsel

For Appellant:  Edward T. Dangel, III

For Appellee:   Jonathan Isaac Handler

Nkihtaqmikon v. Impson, No. 08-2122

In an Indian tribe's challenge to the decision approved by the Bureau of Indian Affairs (BIA) to lease a plot of Passamaquoddy land for the construction and operation of a liquefied natural gas facility, claiming that the BIA approved the lease in violation of the National Historic Preservation Act and the Administrative Procedure Act, the district court's judgment dismissing the case is affirmed as the plaintiff did not present its argument in its first appeal and its request for relief from the mandate that exhaustion was mandatory unless an exception applied requires a showing of both blatant error and the threat of serious injustice if the court adheres to the mandate.   

Read Nkihtaqmikon v. Impson, No. 08-2122

Appellate Information

Appeal from the United States District Court for the District of Maine

Decided October 28, 2009

Judges

Before:  Torruella, Ripple, and Boudin, Circuit Judges

Opinion by: Boudin, Circuit Judge

Counsel

For Appellant:  Teresa B. Clemmer, Environmental and Natural Resources Law Clinic, Vermont Law School, with David K. Mears.

For Appellee: John L. Smeltzer, Department of Justice, Environment & Natural Resources Division, with John C. Cruden, Acting Assistant Attorney General, Sara E. Costello, M. Alice Thurston, Department of Justice, Environment & Natural Resources Division, and John Harrington, Assistant Regional Solicitor, Department of the Interior, Office of the Solicitor

US v. Correa-Alicea, No. 08-1124

Defendants' convictions and sentences for conspiracy to possess with intent to distribute certain narcotics is affirmed where: 1) there is clear record support for the district court's finding that one of the defendants was accountable for more than 4.5 kg of cocaine base during the charged conspiracy; 2) district court's error in not handling a defendant's expert request on an ex parte basis was harmless; 3) district court did not abuse its discretion in refusing to order production of a pretrial photograph; and 4) there was no abuse of discretion in the court's ruling that the government's failure to produce an audio recording did not result in prejudice.     

Read US v. Correa-Alicea, No. 08-1124

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided October 27, 2009

Judges

Before:  Torruella, Howard, and Lipez, Circuit Judges

Opinion by: Lipez, Circuit Judge

Counsel

For Appellant:  Vivianne M. Marrero, Joseph C. Laws, Jr., Federal Public Defender, and Patricia A. Garrity, Assistant Federal Public Defender

For Appellee: Luke Cass, Assistant United States Attorney, Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division

Awuah v. Coverall N. Am, Inc., No. 09-1284

In a class action lawsuit against defendants brought by their franchisees, defendants' interlocutory appeal seeking review of a discovery-related order by the district court is dismissed for want of a final judgment.    

Read Awuah v. Coverall N. Am, Inc., No. 09-1284

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided October 27, 2009

Judges

Before:  Stahl, Boudin, and Lipez, Circuit Judges

Opinion by Boudin, Circuit Judge

Counsel

For Appellant:  Michael D. Vhay , Paul S. Ham, Norman M. Leon, John F. Dienelt and DLA Piper LLP

For Appellee:   Hillary Schwab,Harold L. Lichten, Shannon Liss-Riordan and Lichten & Liss-Riordan, P.C

District court's rejection of two regulatory barriers imposed by defendants to plans to build a Liquified Natural Gas terminal in the City of Fall River with a berth in Massachusetts coastal waters of Mount Hope Bay is affirmed where: 1)the Court has Article III jurisdiction to decide the matter; 2) district court did not err in holding that defendant's failure to respond within six months to plaintiff's application for federal consistency review requires there be a presumption of concurrence is the project, pursuant to 16 U.S.C. section 1456(c)(3)(A) of the Coastal Zone Management Act of 1972; and 3)defendant's use of its state law licensing program for alterations to the coast to block the project is preempted by the Natural Gas Act.   

Read Weaver's Cove Energy, LLC. v. Rhode Island Coastal Res. Mgmt. Council, No. 08-2440

Appellate Information

Appeal from the United States District Court for the District of Rhode Island

Decided October 26, 2009

Judges

Before:  Lynch, Torruella, and Ripple, Circuit Judges

Opinion by:  Lynch, Circuit Judge

Counsel

For Appellant:  Michael Rubin, Assistant Attorney General, Patrick C. Lynch, Attorney General of the State of Rhode Island, Paul J. Roberti, Assistant Attorney General, Brian A. Goldman, and the Goldman Law Offices

For Appellee:  Bruce F. Kiely,  Adam J. White, Baker Botts L.L.P., Gregory L. Benik, and Benik and Associates P.C.

US v. Catalan-Roman, No. 06-1182

Defendants convictions for crimes relating to a conspiracy to rob armored vehicles and the shooting death of an armored vehicle guard during a robbery committed in furtherance of the conspiracy is affirmed and most of defendants' challenges are rejected, except with respect to the government's concession that the convictions on counts eight and nine violated double jeopardy and that one of the defendants must be resentenced on a count because he was not allowed the opportunity to allocute for that count. 

Read US v. Catalan-Roman, No. 06-1182

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided October 23, 2009

Judges

Before:  Stahl, Boudin, and Lipez, Circuit Judges

Opinion by:  Lipez, Circuit Judge

Counsel

For Appellant:  Steven M. Potolsky, David Abraham Silva

For Appellee:  Maria A. Dominguez-Victoniano, Thomas Klumper, Assistant United States Attorneys, Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Perez-Sosa, Assistant United States Attorney

In plaintiffs' case challenging the constitutionality of regulations promulgated by defendants imposing restrictions on lobster fishing, district court appropriately exercised federal question jurisdiction over the case and its judgment is affirmed and the merits ruling is upheld for substantially the reasons set forth in the district court's opinion.     

Read Rhode Island Fishermen's Alliance, Inc. v. Rhode Island Dep't of Envtl. Mgmt., No. 08-2390

Appellate Information

Appeal from the United States District Court for the District of Rhode Island

Decided October 23, 2009

Judges

Before:  Torruella, Seyla, and Howard, Circuit Judges

Opinion by: Selya, Circuit Judge

Counsel

For Appellant:   Robert J. Caron

For Appellee:  Sean H. Donahue and Gary E. Powers, Chief Deputy Legal Counsel, Department of Environmental Management, Donahue & Goldberg, LLP, Terence J. Tierney, Special Assistant Attorney General, Mark A. McSally, and Kelly, Kelleher, Reilly & Simpson

Nihon Kohden America, Inc. v. Astro-Med, Inc., No. 08-2334

In plaintiff's case against its competitor, involved in the life sciences equipment market, for unfair competition arising from hiring of plaintiff's employee, district court's judgment is affirmed where: 1) district court had proper jurisdiction over plaintiff's claims; 2) court did not err in refusing to dismiss the claims against defendants in Rhode Island for improper venue, nor did the court abuse its discretion in denying defendant's motion for transfer of venue; 3) defendants have failed to demonstrate that the non-competition provision in the Employee Agreement is unenforceable, and as such, defendant's argument that they could not have interfered with the Employment Agreement fails; 4) defendant need not have shown that either the employee nor defendant used plaintiff's trade secrets, as disclosure or acquisition is sufficient to constitute misappropriation, subjecting defendant to liability for actual loss and unjust enrichment; 5) viewed in the light most favorable to the verdict, the evidence supports the damage award; and 6) district court did not err in its evidentiary rulings as defendant failed to preserve some of its claims and failed to adequately develop others. 

Read Nihon Kohden America, Inc. v. Astro-Med, Inc., No. 08-2334

Appellate Information

Appeal from the United States District Court for the District of Rhode Island

Decided October 22, 2009

Judges

Before: Howard, and Lipez, Circuit Judges, and Woodcock, District Judge

Opinion by Woodcock, District Judge

Counsel

For Appellant:  E.P. Michael Karcis, Mark A. McLean, McLean & McLean LLP, Bruce W. Gladstone, and Cameron & Mittleman LLP

For Appellee:  Stacey P. Nakasian, Duffy & Sweeney, Ltd., Craig M. Scott

In plaintiffs' class action lawsuit against defendants, judgment of the district court remanding the case is vacated and remanded as the court determined prematurely that it lacked the Class Action Fairness Act jurisdiction on the ground that the complaint does not specifically define a proposed class.   

Read College of Dental Surgeons of Puerto Rico v. Connecticut Gen. Life Ins. Co., No. 09-2201

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided October 22, 2009

Judges

Before:  Selya, Boudin, and Howard, Circuit Judges

Opinion by: Selya, Circuit Judge

Counsel

For Appellant:  Charles P. Scheeler and DLA Piper LLP, Frank Gotay-Barquet and Gotay & Perez, P.S.C.

For Appellee:  José A. Acosta-Grubb, María L. Montalvo-Vera, José Luis Ramírez-Coll, and Fiddler Gonzáles & Rodríguez, P.S.C., German J. Brau and Usera Morell Bauzá Dapena & Cartagena  

US v. Garcia-Pastrana, No. 07-1044

Conviction of eleven defendants, who were employees of the Puerto Rico Aqueducts and Sewer authority, arising from a scheme to embezzle and launder funds for a union health plan, is affirmed for the most part where: 1) based on the evidence, the Health Plan had sufficient supervision and control over the Health Plan contributions to establish that the funds embezzled were funds of a health care benefit program; 2) there was sufficient evidence to prove that the defendants acted without authority to receive the Health Plan funds; 3) evidence of defendants' knowledge and willfulness with respect to the embezzlement convictions was more than sufficient for the jury to conclude by proof beyond a reasonable doubt the element of criminal intent; 4) with respect to the Top Four defendants, the evidence was more than sufficient to support the money laundering convictions; 5) defendants' challenge to the district court's jury instructions are rejected, and any error was harmless; 6) district court did not abuse its discretion in refusing to sever mid-trial; 7) district court did not abuse its discretion when it declined to grant defendants a new trial based on an alleged misstatement made during the prosecution's closing argument; 8) district court did not abuse its discretion in declining to grant defendants a new trial based on their post-trial allegations of threats and harassment from testifying by other defendants; 9) district court did not err in assessing against each of the Top Four defendants an 18-level enhancement under the Sentencing Guidelines based on loss calculation as their extensive knowledge and control of the embezzlement scheme as a whole made the total amount each received foreseeable; 10) two of the defendants' challenges to their sentences are rejected as the sentences were reasonable; and 11) with respect to the Chapter President defendants, the money laundering convictions are reversed and remanded as conceded by the government.     

Read US v. Garcia-Pastrana, No. 07-1044

Appellate Information

Appeals from the United States District Court for the District of Puerto Rico

Decided October 20, 2009

Judges

Before:  Torruella,  Lipez and Leval, Circuit Judges

Opinion by:  Torruella, Circuit Judge

Counsel

For Appellant:   Linda Backiel, José R. Aguayo Caussade, Víctor P. Miranda Corrada, Rafael F. Castro-Lang, Anita Hill-Adames, Laura Maldonado-Rodríguez, Lydia Lizarribar, Francisco Dolz-Sánchez, Carlos E. Montañez,  Miguel E. Miranda-Gutiérrez

For Appellee:  Joseph F. Palmer, Stephan E. Oestreicher, Jr., Attorney, Appellate Section, Criminal Division, U.S. Department of Justice, Rosa E. Rodríguez-Vélez, United States Attorney, District of Puerto Rico, and José A. Ruiz-Santiago, Assistant United States Attorney, District of Puerto Rico

Zuluaga v. Spencer, No. 08-1402

District court's denial of defendant's petition for habeas relief is affirmed where: 1) deferential review is required when it is clear that the state courts either used their own state standard, which is more generous than the federal standard, or used the federal standard, although the state courts did not cite to any case law; and 2) even if the petitioner were entitled to de novo review on habeas, his petition must still be denied because there was no juncture at which evidence of a trooper's prior false testimony would have been admissible under Massachusetts law.     

Read Zuluaga v. Spencer, No. 08-1402

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided October 19, 2009

Judges

Before:  Lynch, Chief Judge, Gajarsa, and Lipez, Circuit Judges

Opinion by:  Lynch, Chief Judge

Counsel

For Appellant:  Raymond E. Gillespie

For Appellee:  Jennifer L. Sullivan, Assistant Attorney General, Criminal Bureau, Martha Coakley, Attorney General

Baldwin v. Bader, No. 08-2588

In plaintiff-shareholder's suit against the directors of a company for breach of fiduciary duty,  arising from two transactions in which the company issued equity shares as compensation for agreements made by most of its shareholders to guaranty personally loans made to the company, district court's judgment is affirmed where: 1) even without the business judgment rule, no jury could reasonably find that the directors in emergency conditions breached their duty of care as to the first transaction; and 2) a fact finder could not, on the very thin evidence available, rationally conclude that the directors had carried their burden of proof to show fairness.   

Read Baldwin v. Bader, No. 08-2588

Appellate Information

Appeal from the United States District Court for the District of Maine

Decided October 19, 2009

Judges

Before: Torruella, Boudin, Circuit Judges, and Saris, District Judge

Opinion by:  Boudin, Circuit Judge

Counsel

For Appellant:  George J. Marcus, David C. Johnson, Marcus, Clegg & Mistretta, P.A.

For Appellee:  Paul McDonald, Theodore A. Small, Bernstein Shur

Velez v. Thermo King De Puerto Rico, Inc., No. 08-1320

In plaintiff's age discrimination suit against his former employer, district court's grant of summary judgment in favor of defendant is vacated and remanded as, under the three stage burden shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), several aspects of the evidence, taken together, are more than sufficient to support a factfinder's conclusion that defendant was motivated by age-based discrimination, thus raising a genuine issue of material fact that defeats summary judgment.  

Read Velez v. Thermo King De Puerto Rico, Inc., No. 08-1320

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided October 16, 2009

Judges

Before: Torruella, Leval, and Lipez, Circuit Judges

Opinion by: Lipez, Circuit Judge

Counsel

For Appellant:  Carlos M. Vergne-Vargas

For Appellee:  Edwin J. Seda-Fernández, Mariel Y. Haack

US v. Chaney, No. 08-2089

District court's grant of defendant's motion to suppress majority of the evidence on grounds of Fourth Amendment violation is reversed as the officer's original request for defendant's identification and the first few follow-up questions did not unreasonably extend the duration of the stop and were justified based on officer safety concerns.  

Read US v. Chaney, No. 08-2089

Appellate Information

Appeal from the United States District Court for the District of New Hampshire

Decided October 15, 2009

Judges

Before:  Howard, Gibson, and Boudin, Circuit Judges

Opinion by:  Gibson, Circuit Judge

Counsel

For Appellant:  William E. Morse

For Appellee:  Robert Herrick

Riley v. Nat'l Lumber Co., No. 08-9010

Bankruptcy court's award of $20,000 preference recovery judgment against National Lumber, in bankruptcy trustee's action to recover money paid to a creditor, is affirmed where: 1) the conclusion that the debtor exercised sufficient control over the funds at issue to demonstrate that they were an interest of the debtor in property is supported by the record; and 2) the successor judge had no obligation to recall witnesses or to order a new trial.   

Read Riley v. Nat'l Lumber Co., No. 08-9010

Appeal from the Bankruptcy Appellate Panel

Decided October 15, 2009

Judges

Before:  Gibson, Howard, and Boudin, Circuit Judges

Opinion by:  Gibson, Circuit Judge

Counsel

For Appellant:  Mark E. Barnett

For Appellee:  Lynne F. Riley

Wallace v. Johnson & Johnson, No. 09-1069

In plaintiff's ERISA action against her former employer, an operating company of Johnson & Johnson, district court's judgment in favor of the defendant is affirmed as Johnson & Johnson's Long Term Disability Income Plan allows the Pension Committee to delegate its authority to render final benefits decisions.     

Read Wallace v. Johnson & Johnson, No. 09-1069

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided October 14, 2009

Judges

Before: Torruella, Dyk, and Boudin, Circuit Judges

Opinion by: Boudin, Circuit Judge

Counsel

For Appellant: Inga S. Bernstein, Ruth O'Meara-Costello, Zalkind Rodriguez, Lunt & Duncan LLP.

For Appellee:  David C. Henderson, Alexa H. O'Keefe, Nutter McClennen & Fish, LLP.

In re: Simply Media, Inc. , No. 08-2498

In a case arising from bankruptcy proceedings involving fraudulent transfers, given the deficiencies of the present briefing, the appeal is dismissed and defendant's counsel ordered to show cause by written response as to why the court should not order payment by him personally of attorney's fees, double costs or both for a brief that renders the appeal frivolous.     

Read In re: Simply Media, Inc. , No. 08-2498

Appellate Information

Appeal from the United States District Court for the District of New Hampshire

Decided October 8, 2009

Judges

Before: Torruella, Ripple, and Boudin, Circuit Judges

Per Curium Opinion

Counsel

For Appellant:  James V. Tabner

For Appellee:   Todd B. Gordon, Stephen F. Gordon and The Gordon Law Firm LLP

Seng v. Holder, No. 08-2485

A Cambodian national's petition for review of BIA's order, mandating removal from the United States and denying her application for asylum and protection under CAT, is denied where the IJ's findings that petitioner's testimony was not credible based on fundamental discrepancies and inconsistency in her testimony are supported by reasonably, substantial and probative evidence on the record.   

Read Seng v. Holder, No. 08-2485  

Appellate Information

Petition for Review of an Order of the Board of Immigration Appeals

Decided October 8, 2009

Judges

Before: Boudin, Seyla, and Dyk, Circuit Judges 

Opinion by Seyla, Circuit Judge

Counsel

For Appellant:  Joseph A. MacDonald

For Appellee:  Tony West, Assistant Attorney General, Civil Division, Thomas B. Fatouros, Senior Litigation Counsel, and Ann M. Welhaf, Trial Attorney, Office of Immigration Litigation

Med. Mut. Ins. Co. of Maine v. Indian Harbor Ins. Co., No. 08-2525

District court's entry of summary judgment in favor of the insurer is affirmed as director and officer (D&O) policies exist to fund indemnification covenants that protect corporate directors and officers from personal liability, not to protect the corporation, and to extend coverage to situations in which the directors and officers are not themselves the actual targets of the claims made would transmogrify D&O policies into comprehensive corporate liability policies which is contrary to both the letter and the spirit of the D&O policy at issue.   

Read Med. Mut. Ins. Co. of Maine v. Indian Harbor Ins. Co., No. 08-2525 

Appellate Information

Appeal from the United States District Court for the District of Maine

Decided October 8, 2009

Judges

Before: Ripple, Howard, and Syla, Circuit Judges

Opinion by Seyla, Circuit Judge

Counsel

For Appellant:  Jeffrey T. Edwards, Preti, Flaherty, Beliveau & Pachios, LLP

For Appellee:   Leslie S. Ahari, Troutman Sanders LLP, Louis K. Thomas, and Pierce Atwood LLP

Sugarloaf Funding, LLC v. US Dep't of the Treasury, No. 08-2515

District court's denial of defendants' motion to quash administrative summonses issued by the IRS related to an investigation into possible improper tax shelters is affirmed where: 1) the summonses are not overly broad; 2) the summonses were not issued for an improper purpose; 3) defendants' claim that the IRS is already in possession of the summoned documents fails; and 4) defendants' remaining claims are rejected.      

Read Sugarloaf Funding, LLC v. US Dep't of the Treasury, No. 08-2515

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided October 7, 2009

Judges

Before:  Torruella, Lipez and Howard, Circuit Judges 

Opinion by Howard, Circuit Judge

Counsel

For Appellant:  Jerome R. Weitzel, Paul J. Kozacky, Kozacky & Weitzel, P.C., Richard E. Quinby, Lauren J. Coppola and Craig & MaCauley

For Appellee:  Rachel I. Wollitzer, Attorney, Tax Division, Department of Justice, Michael J. Sullivan, United States Attorney, John A. DiCicco, Acting Assistant Attorney General, Gilbert S. Rothenberg, Acting Deputy Assistant Attorney General and Robert W. Metzler, Attorney, Tax Division, Department of Justice

US v. Rene E., No. 08-1974

Defendant's conviction and sentence for possessing a handgun is affirmed where: 1) the federal ban on juvenile possession of handguns, 18 U.S.C. section 922(x)(2)(A), does not violate the Second Amendment and the court reaffirms the holding in US v. Cardoza, 129 F.3d 6 (1st Cir. 1997) that the section does not exceed Congress's Commerce Clause authority; and 2) defendant's sentencing challenge is moot as he is no longer in detention or under juvenile supervision. 

Read US v. Rene E., No. 08-1974

Appellate Information

Appeal from the United States District Court for the District of Maine

Decided October, 2009

Judges

Before:  Torruella, Lipez and Howard, Circuit Judges 

Opinion by Lipez, Circuit Judge

Counsel

For Appellant:  J. Hilary Billings

For Appellee:  Renée M. Bunker, Assistant United States Attorney, Paula D. Silsby, United States Attorney

Remexcel Managerial Consultants, Inc. v. Arlequin, No. 08-1753

In a political discrimination case against a municipality in Puerto Rico, default judgment against defendants is affirmed where the district court did not abuse its discretion in entering the default judgment for repeated discovery violations, and the law of the case doctrine bars defendants' attempt to re-argue the adequacy of plaintiffs' complaint. 

Read Remexcel Managerial Consultants, Inc. v. Arlequin, No. 08-1753

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided October 1, 2009

Judges

Before:  Torruella, Tashima, and Lipez, Circuit Judges 

Opinion by Lipez, Circuit Judge

Counsel

For Appellant:  Jorge Martínez-Luciano, with whom Johanna M. Emmanuelli Huertas and Emil Rodríguez-Escudero

For Appellee:  Pedro R. Vázquez III

R&G Mortgage Corp. v. Fed. Home Loan Mortgage Corp., No. 08-2542

In plaintiff-mortgage lender's lawsuit against the Federal Home Loan Mortgage Corp. (Freddie Mac), district court did not abuse its discretion in denying bank's untimely motion to intervene post-settlement between the parties. 

Read R&G Mortgage Corp. v. Fed. Home Loan Mortgage Corp., No. 08-2542

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided October 1, 2009

Judges

Before:  Howard, Ripple, and Seyla, Circuit Judges 

Opinion by Seyla, Circuit Judge

Counsel

For Intervenor:  Nelson N. Cordova-Morales, Harold D. Vicente and Vicente & Cuebas.

For Plaintiff:  Raul M. Arias, John Oberdorfer, Samantha R. Petrich, Patton Boggs LLP, Francisco G. Bruno, Irma M. Léon González, and McConnell Valdes. 

For Defendant:  William C. Ballaine, Mark S. Landman, Landman Corsi Ballaine & Ford, Ricardo F. Casellas, Casellas Alcover & Burgos, P.S.C., and Kenton W. Hambrick.

US v. Torres-Oliveras, No. 07-2720

Sentence and conviction of defendant for drug-related crimes is affirmed where: 1) defendant's appeal waiver is valid, and thus, direct appeal of his conviction and sentence is not permitted under the terms of the waiver to which he assented; 2) district court did not abuse its discretion in denying defendant's pro se motion for modification of his term of imprisonment as he stipulated to possession with intent to distribute powder cocaine, and the revised guideline regarding crack cocaine possession was simply not applicable; and 3) defendant's Kimbrough claim is rejected.  

Read US v. Torres-Oliveras, No. 07-2720

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided October 1, 2009

Judges

Before:  Lynch, Chief Judge, Boudin and Stahl, Circuit Judges

Opinion by Stahl, Circuit Judge

Counsel

For Appellant;  Lisa Aidlin

For Appellee:  Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Perez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and Julia M. Meconiates, Assistant United States Attorney