U.S. First Circuit: November 2010 Archives
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November 2010 Archives

Igartua v. U.S., 09-2186

Puerto Rican citizen's suit claiming right to vote for a Representative to the US House of Representatives from Puerto Rico

Igartua v. U.S., 09-2186, concerned a challenge to the district court's dismissal of the complaint, in plaintiff's putative class action suit claiming that U.S. citizen-residents of Puerto Rico have a right to vote for a Representative to the U.S. House of Representatives from Puerto Rico and a right to have Representatives from Puerto Rico in that body.

US v. Bunchan, 09-2144

Defendant's conviction and sentence for use of interstate commerce in the commission of murder-for-hire and related offenses

US v. Bunchan, 09-2144, concerned a challenge to a district court's conviction of defendant for use of a facility of interstate commerce in the commission of murder-for-hire and solicitation to commit a crime of violence, and imposition of a 300-month sentence.

Ji v. Bose Corp., 09-2341

Plaintiff's suit for improper use of her image to package and promote defendant's product

Ji v. Bose Corp., 09-2341, concerned a challenge to the district court's judgment, in three consolidated appeals, arising out of the improper use of a model's image to package and promote a home entertainment system.

Eaton v. Penn-America Ins. Co., 10-1273

Plaintiff's suit against a nightclub's insurer for injuries caused by a bouncer

Eaton v. Penn-America Ins. Co., 10-1273, concerned a plaintiff's suit against an insurer of a nightclub, arising from injuries caused by the nightclub's bouncer.  In affirming the district court's grant of the insurer's motion for summary judgment, the court held that the district court was correct in finding the assault and battery exclusion dispositive, which in pertinent part eliminates coverage for "damages resulting from assault or battery or physical altercations" that occur in, on, or near the insured's premises.

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Barr v. Galvin, 09-2426

Libertarian party candidates' suit against Massachusetts Secretary of State for refusal to include them on the statewide ballot for president and vice-president in the 2008 general election

Barr v. Galvin, 09-2426, concerned a challenge to the district court's judgment in favor of the plaintiff-candidates, in a suit brought by the candidates of the Libertarian Party against the Secretary of State of Massachusetts, challenging the Secretary's refusal to include them on the statewide ballot for president and vice-president in the 2008 general election.

Plaintiff's wrongful termination suit against Puerto Rico's Department of Corrections and Rehabilitation

Cortes-Rivera v. Dep't of Corr. & Rehab of the Commonwealth of Puerto Rico, 09-1858, concerned a challenge to the district court's grant of summary judgment in favor of the defendants, in plaintiff's suit against Puerto Rico's Department of Corrections and Rehabilitation, and its managing corporation, claiming that his contract to provide medical services was illegally terminated, and that he was discriminated and retaliated against on the basis of disability in violation of Title I of the ADA.

Tash v. Roden, 10-1173

Habeas petition for rape conviction

Tash v. Roden, 10-1173, concerned a challenge to the district court's denial of defendant's request for habeas relief from his conviction for raping a mentally impaired adult woman in his care at a state facility.

Freedom from Religion Found. v. Hanover Sch. Dist., 09-2473

Constitutional challenge to the New Hampshire School Patriot Act

Freedom from Religion Found. v. Hanover Sch. Dist., 09-2473, concerned a challenge to the district court's dismissal of all of plaintiffs' federal claims on their merits, in plaintiffs' suit seeking a declaration that the federal Pledge statute and the recitation of the Pledge of Allegiance in New Hampshire's public schools violates various provisions of the U.S. Constitution, the New Hampshire Constitution, and federal and state law.  In affirming, the court held that the New Hampshire School Patriot Act and the voluntary, teacher-led recitation of the Pledge by the state's public school students do not violate the Constitution.

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US v. Fernandez-Cabrera, 09-2655

Defendant's sentecen for illegal reentry conviction affirmed

US v. Fernandez-Cabrera, 09-2655, concerned a defendant's challenge to a district court's imposition of a 33-month sentence upon his conviction for illegal reentry into the United States, claiming that the district court failed to provide advance notice of its intention not to adopt the joint sentencing recommendation and that the court's explanation for the sentencing choice was inadequate. 

Monahan v. Romney, 09-2458

Former official's suit against former Massachusetts Governor Mitt Romney and Governor's senior staff for due process violations

Monahan v. Romney, 09-2458, concerned a plaintiff's suit against former Massachusetts Governor Mitt Romney and several members of the Governor's senior staff claiming that the defendants had unconstitutionally removed him from his office as Chairman of the Massachusetts Civil Service Commission in 2003, depriving him of his protected property and liberty interests without due process of law.

 

US v. Mathur, 09-1704

Conviction and sentence for defrauding millions of dollars in client funds affirmed

US v. Mathur, 09-1704, concerned a challenge to the district court's denial of a motion for a new trial and imposition of a sentence of 120 months' imprisonment on each count of conviction to run concurrently, in a prosecution of defendant for multiple counts of mail fraud and wire fraud, in connection with misrepresentations and misappropriation of millions of dollars in client funds.

 

In re Net-Valazquez, 09-1816

District court's holding that a creditor's garnishment of funds was avoidable under 11 U.S.C. section 547(b) affirmed

In re Net-Valazquez, 09-1816, concerned a challenge to the district court's affirmance of a bankruptcy court's judgment in favor of a bankruptcy trustee, holding that a creditor's garnishment of funds was a preferential transfer of estate property avoidable under 11 U.S.C. section 547(b).