U.S. First Circuit: October 2010 Archives
U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

October 2010 Archives

Vega-Colon v. Wyeth Pharm., 09-1861

Employee's suit against his employer for violation of the USERRA and Puerto Rico law

Vega-Colon v. Wyeth Pharm., 09-1861, concerned a challenge to the district court's grant of summary judgment in favor of employer, in plaintiff's suit against his employer, claiming that the employer discriminated and retaliated against him based on his military service in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Puerto Rico law.

 

Concillo De Salud Integral De Loiza, Inc. v. Perez-Perdomo, 09-2067

Denial of Puerto Rican community health centers' request for an injunction to compel Secretary of Health to reimburse wraparound payments vacated

Concillo De Salud Integral De Loiza, Inc. v. Perez-Perdomo, 09-2067, concerned a challenge to the district court's denial of two Puerto Rican community health centers' request for an injunction requiring payment by Puerto Rico's Secretary of Health of Medicaid reimbursements that the two centers claimed to be due to them.

 

Raiche v. Pietroski, 09-1910

Civil rights suit against a police officer for excessive force

Raiche v. Pietroski, 09-1910, concerned a challenge to the district court's denial of a police officer's motion for judgment as a matter of law and a motion for a new trial, in plaintiff's civil rights suit against the police officer for injuries sustained as a result of excessive force during arrest.

In re Handy, 09-9021

Bankruptcy Appellate Panel's affirmance of bankruptcy court order denying plaintiff's motion for relief from stay in a suit against a debtor affirmed

In re Handy, 09-9021, concerned a challenge to a Bankruptcy Appellate Panel's (BAP) decision affirming a bankruptcy court order denying plaintiff's motion for relief from stay of his suit against a debtor under the Uniform Fraudulent Transfer Act (UFTA).

Fed. Trade Comm'n v. Direct Mktg. Concepts, Inc., 09-2172

Federal Trade Commission's suit to recover millions in damages to customers who purchased defendants' purported panaceas off their infomercials

Fed. Trade Comm'n v. Direct Mktg. Concepts, Inc., 09-2172, involved the Federal Trade Commission's (FTC) suit against a number of parties seeking both injunctive relief and monetary equitable relief in order to redress customers who had purchased defendants' purported panaceas off their infomercials, claiming violations of the FTC Act, 15 U.S.C. sections 45 and 52.

 

Animal Welfare Inst. v. Martin, 09-2643

Denial of a permanent injunction against Maine state officials from using foothold traps to prevent incidental takes of Canadian lynx affirmed

Animal Welfare Inst. v. Martin, 09-2643, concerned a challenge to a district court's denial of plaintiffs' motion to enjoin Maine state officials from allowing the use of any foothold traps, claiming that the relief was necessary to prevent incidental takes of Canadian lynx, a threatened species, in these traps.

US v. Overseas Shipholding Group, Inc., 09-2684

Challenge to a district court's judgment limiting an attorney's legal fees in representation of whistleblower clients in government's investigation of a shipping company for discharging oil

US v. Overseas Shipholding Group, Inc., 09-2684, concerned a challenge to a district court's decision limiting an attorney's legal fees under two contingent fee agreements while representing two whistleblowers, in proceedings arising out of a government investigation in six judicial districts into allegations that a shipping company had for years engaged in the practice of discharging oil from its vessels in American waters and falsifying mandatory ship records to conceal the discharges, in violation of the Act to Prevent Pollution from Ships.

Statchen v. Palmer, 09-2418

Civil rights suit against police officers for excessive force dismissed

Statchen v. Palmer, 09-2418, involved a plaintiff's 42 U.S.C. section 1983 suit against police officers, claiming that they used excessive force in arresting him for public intoxication and in transporting him from a station house to jail.  In affirming the district court's grant of summary judgment in favor of defendants on the basis of qualified immunity, the court held that the district court had no basis for sending the case to a jury because plaintiff's own deposition provided no evidence to indicate that the force exerted was unnecessary, or that a reasonable police officer would have thought otherwise.

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Zhu v. Holder, 10-1042

Chinese Citizen's Petition for Review of BIA's Denial of His Motion to Reopen Removal Proceedings Denied

Zhu v. Holder, 10-1042, concerned a Chinese citizen's petition for review of a BIA's decision denying his motion to reopen removal proceedings based on a claim of changed country circumstances.  In denying the petition, the court held that the BIA did not act in an arbitrary and capricious manner in denying petitioner's motion to reopen, but rather, it carefully considered all of the evidence on which the petitioner rested his case and provided a clear explanation of its reasoning in finding the evidence insufficient to support his motion to reopen.

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US v. Kinsella, 09-1201

Defendant's conviction and sentence for oxycodone related offenses affirmed

US v. Kinsella, 09-1201, concerned a challenge to a conviction of defendant for conspiring to possess and distribute oxycodone, possessing oxycodone with intent to distribute,  and willfully failing to appear in court as required, and a 97-month sentence.  In affirming both the conviction and the sentence, the court held rejected defendant's claim of multiple instances of prosecutorial misconduct, and held that the district judge did not clearly err in his drug-quantity calculations.

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Museum of Fine Arts, Boston v. Seger-Thomschitz, 09-1922

Declaratory action to confirm rightful ownership of painting sold during the Holocaust

Museum of Fine Arts, Boston v. Seger-Thomschitz, 09-1922, involved an art museum's action for a declaratory judgment to confirm its rightful ownership of a painting, which a sole surviving heir of the painting's artist claimed that the artist was forced to sell under duress after Austria was annexed by Nazi Germany in 1938.

 

Genzyme Corp. v. Federal Ins. Co., 09-2485

Public policy does not bar corporation from recovering under the policy for its settlement of a shareholder class action lawsuit

Genzyme Corp. v. Federal Ins. Co., 09-2485, concerned a challenge to the district court's judgment that a corporation's loss was not insurable as a matter of Massachusetts public policy, in the corporation's suit against its insurer seeking to recover its costs in settling a shareholder class action under a corporate and director and officer liability insurance policy.

 

Pena-Beltre v. Holder, 09-2072

BIA and IJ's conclusion that petitioner's marriage was fraudulent is supported by evidence

Pena-Beltre v. Holder, 09-2072, concerned a petition for review, brought by a citizen of the Dominican Republic, of a final order of removal issued by the BIA.  In denying the petition, the court held that the evidence of marriage fraud is so overwhelming that it hardly needs detailing, the government has more than met its burden of proof, and the BIA's and IJ's conclusions are amply supported by the evidence.

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Braintree Laboratories, Inc. v. Citigroup Global Markets Inc., 09-2540

Denial of Preliminary Injunction In Plaintiffs' Suit Against a Broker Re Purchase of Auction-Rate Securities Affirmed

Braintree Laboratories, Inc. v. Citigroup Global Markets Inc., 09-2540, involved plaintiffs' suit against defendant broker, Citigroup Global Markets, Inc., claiming that  defendant misrepresented the purchased auction-rate securities as entirely liquid money market investments, seeking rescission of the transactions, restitution of the consideration paid, and damages.

 

Melendez v. Autogermana, Inc., 09-1804

Dismissal of Former Car Salesman's Age Discrimination in Employment Suit Affirmed

Melendez v. Autogermana, Inc., 09-1804, concerned a challenge to the district court's dismissal of plaintiff's discriminatory discharge claim and denial of plaintiff's motions for reconsideration, in the former car salesman's age discrimination in employment suit. 

 

US v. Brown, 09-1803

US v. Brown, 09-1803, concerned a challenge to a defendant's conviction for possession of cocaine base with intent to distribute.  In affirming the conviction, the court held that, although the district court's factual findings and the inferences made from those findings, which formed the basis of its conclusion that reasonable suspicion existed to stop a car, are not compelled by the record or by the facts, both are nonetheless reasonable and therefore pass constitutional muster.  Further, the affirmance of the district court's finding that the officers had reasonable suspicion to stop the car forecloses the need to address defendant's challenge to the district court's alternate conclusion that the car was not seized when the officers first approached.  Lastly, there was no abuse of discretion in the district court's denial of defendant's motion to suppress evidence without an evidentiary hearing.

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Tevlin v. Spencer, 09-1894

Tevlin v. Spencer, 09-1894, concerned a challenge to the district court's denial of defendant's request for habeas relief from his convictions for first-degree murder, armed robbery, and assault and battery by means of a dangerous weapon.  In affirming the convictions, the court held that the defendant has failed to demonstrate the existence of ineffective assistance of counsel in any of his theories.  The court also held that the Massachusetts discovery procedures are not on their face unconstitutional and defendant has not established that their application here violated due process.

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Bielunas v. F/V Misty Dawn, Inc., 09-2048

Bielunas v. F/V Misty Dawn, Inc., 09-2048, concerned a challenge to the jury verdict in favor of plaintiff and a judgment against defendant for $2,307,690, in a plaintiff's suit against a vessel owner for suffering serious injuries while working as a commercial fisherman, claiming Jones Act negligence, ship unworthiness, and a right to maintenance and cure.

 

US v. Figueroa-Gonzalez, 07-2225

Defendant's Convictions for Carjacking and Firearm Use Affirmed

US v. Figueroa-Gonzalez, 07-2225, concerned a challenge to a conviction of defendant for carjacking and firearm use during and in relation to a crime of violence, claiming that defendant's alleged actual competence at the time of the pleading violated his substantive due process under the Fifth Amendment and that the court violated Federal Rule of Criminal Procedure 11.

 

Vera v. McHugh, 08-1886

Ruling for Defendants in Title VII Suit Partially Vacated

Vera v. McHugh, 08-1886, concerned a challenge to the district court's judgment in favor of the defendants, in plaintiff's Title VII suit claiming that she was sexually harassed by a co-worker and subsequently by a supervisor at a Fort Buchanan Army garrison in Puerto Rico, and then fired in retaliation for filing her sexual harassment complaints.

 

Tasker v. DHL Ret. Sav Plan, 09-2661

Tasker v. DHL Ret. Sav Plan, 09-2661, concerned a challenge to the district court's dismissal of plaintiff's claim, in plaintiff's ERISA suit claiming that defendants violated the anti-cutback rule when they eliminated his unexercised option to transfer funds from his profit-sharing plan account to his retirement plan.

Perry v. Blum, 09-1977

Perry v. Blum, 09-1977, involved a plaintiff's suit for an accounting of foreclosure proceeds and all rents collected between 1996 and 2002, claiming that as an equal partner in the company, he was entitled to one-half of the property's equity of redemption, arising from an underlying litigation, bankruptcy proceedings, and defendants' settlement with the FDIC.