U.S. First Circuit: January 2011 Archives
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January 2011 Archives

Securities Fraud Class Action

City of Dearborn Heights Act 345 Police & Fire Retirement Sys. v. Inter-Local Pension Fund GCC/IBT, 10-1514, concerned plaintiffs' securities fraud class action under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Securities Exchange Commission Rule 10b-5, claiming that defendants intentionally or recklessly failed to disclose a March 2007 change in Japanese regulations that predictably reduced demand for defendants' products and services in Japan.


US v. Cardales-Luna, 08-1028

Conviction of defendant for drug related offenses in international waters

US v. Cardales-Luna, 08-1028, concerned a challenge to a defendant's conviction for drug related offenses, arising from a search of a Bolivian flag vessel in international waters by the United States Coast Guard.


Barton v. Clancy, 08-2479

Civil rights action against a mayor for disability harassment and retaliation

Barton v. Clancy, 08-2479, concerned a challenge to the district court's grant of defendant's motion for summary judgment in plaintiff's suit against a mayor for disability harassment and retaliation based on the exercise of his First Amendment rights, arising from an ongoing conflict between the mayor and plaintiff, a retired firefighter.


Downey v. Bob's Discount Furniture Holdings, Inc., 09-2137

Action against a furniture store for selling bedbug infested mattress

Downey v. Bob's Discount Furniture Holdings, Inc., 09-2137, concerned a challenge to the district court's exclusion of plaintiffs' expert testimony as a sanction for failure to comply with the disclosure requirements of Federal Rule of Civil Procedure 26(a)(2)(B), in plaintiffs' suit against a furniture store asserting claims for negligence, breach of implied warranties of fitness for a particular purpose and merchantability, and violations of a Massachusetts consumer protection law, for selling to plaintiffs a bedbug infested mattress.


Telyatitskiy v. Holder, 08-1774

Ukrainian citizen's petition for review of the BIA denial of a motion to reconsider removal order

Telyatitskiy v. Holder, 08-1774,concerned a Ukrainian citizen's petition for review of the BIA's denial of his motion to reconsider its earlier affirmance of an IJ's removal order.  In dismissing the petition, the court held that, because of the limited nature of the motion to reconsider and because of his complete failure to argue the scope of relevant evidence issue to the BIA, petitioner's withholding of removal claim is not reviewable for lack of jurisdiction.  The court also held thatjudicial review of petitioner's weight-of-the-evidence argument is not permitted under section 1252.

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Dillion v. Select Potfolio Servicing, 09-1469

Dismissal of an action for damages for engaging in illegal practices in foreclosure based on res judicata

Dillion v. Select Potfolio Servicing, 09-1469, concerned a challenge to the district court's grant of summary judgment in favor of the defendants in plaintiff's new suit against the defendants seeking damages claims under new theories, in determining that plaintiff's claims are foreclosed by res judicata, following an injunction against defendants for engaging in illegal practices in seeking to foreclose upon plaintiff's home mortgage.


McNamara v. City of Nashua, 10-1322

Action against a city for inadequate pension fund time barred

McNamara v. City of Nashua, 10-1322, concerned a plaintiff's suit against a city for inadequate pension payments, alleging violation of Fourteenth Amendment rights under 42 U.S.C. section 1983, breach of contract, breach of the covenant of good faith and fair dealing, and fraudulent inducement.


US v. Prochilo, 09-1450

District court's exclusion of cooperating witnesses from testifying for Brady violations

US v. Prochilo, 09-1450, concerned a challenge to the district court's orders excluding cooperating witnesses from testifying at trial in concluding that the government had failed to meet its disclosure obligations under Brady v. Maryland, in interlocutory appeals in two unrelated criminal cases.


US v. Poulin, 10-1126

Conviction for the production of child pornography 

US v. Poulin, 10-1126, concerned a challenge to a conviction of defendant for the production of child pornography in violation of 18 U.S.C. section 2251(a).  In affirming, the court held that defendant's claim that section 2251(a) is unconstitutional as applied to him because his conduct did not have a substantial effect on interstate commerce as, defendant's conduct falls within the sphere of activity that Congress legitimately regulates.  The court also held that defendant's claim that the government failed to prove that he "produced" sexually explicit images of a minor using materials that traveled in interstate commerce, is without merit.


Brown v. Ruane, 09-2508

Claim of Confrontation Clause Violation

Brown v. Ruane, 09-2508, concerned a challenge to the district court's denial of defendant's request for habeas relief from his conviction for armed assault with intent to rob a person sixty years of age or older.  In affirming, the court held that the Appeals Court's conclusion that the defendant was not prejudiced by the preclusion of certain testimony from the investigating officers was an unreasonable application of clearly established law on the right to present a defense.

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URI Student Senate v. Town of Narragansett, 10-1209

Constitutionality of a town's ordinance

URI Student Senate v. Town of Narragansett, 10-1209, concerned an action challenging the constitutionality of a town's ordinance authorizing local police officers to post a bright orange sticker at the front entrance of any residence found to have hosted an "unruly gathering."  In affirming the district court's entry of judgment in favor of the town,  the court held that the town's unorthodox solution to the problems caused by unruly gatherings does not, on its face, offend either state law or the United States Constitution.

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US v. Franklin, 09-1529

Crack cocaine conviction

US v. Franklin, 09-1529, concerned a challenge to a conviction of defendant for several charges stemming from the sale of crack cocaine and the possession of both drugs and ammunition.  In affirming, the court held that the district court adequately addressed an admitted Speedy Trial Act violation by dismissing defendant's charges without prejudice as the record reveals a serious crime, a somewhat lengthy but innocuous delay, a just sanction, and no harm to defendant.  The court also held that defendant's conviction was properly based in part on a vehicle search that was legal in every respect.

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