U.S. First Circuit: December 2011 Archives
U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

December 2011 Archives

Jason Wayne Pleau Custody Battle Rages On; Full Panel to Rehear Transfer

Custody battles are typically associated with the children of divorcing parents and, occasionally, the beloved pets of over-indulgent rich people.

For convicted murderer Jason Wayne Pleau, it's the feds and state authorities who are fighting for custody of him. In his case, however, the winner could decide whether he lives or dies, and the outcome of the custody battle is once again in the hands of the First Circuit Court of Appeals.

First Circuit Upholds Legality of Arrest, Ban of UNH Professor

Parking tickets may be tiny squares of paper placed under your windshield, but they have the powerful potential of turning a great day into a terrible one.

For University of New Hampshire professor John Collins, receiving a parking ticket got him so rankled it resulted in him "unleashing an expletive-filled tirade" against a fellow professor in 2007 for reporting his car. The tirade then resulted in him getting arrested by UNH authorities, being banned from campus, and losing his department chair position - turning a bad situation into a worse one.

First Circuit: NLRA Doesn't Preempt Rhode Island Retention Ordinance

The First Circuit Court of Appeals rejected a challenge to a Rhode Island ordinance requiring new hospitality employers to retain their predecessor’s employees for three months.

The challenger, Rhode Island Hospitality Association’s, primary argument was that the National Labor Relations Act preempted the ordinance. The trade group also argued that the ordinance violated the Equal Protection Clause and Contract Clause, but the First Circuit quickly dismissed both as non-serious and focused on its preemption clams.

Who Will Replace First Circuit Judge Kermit Lipez?

With the recent Senate Republican filibuster of judicial nominee Caitlin Halligan to the D.C. Circuit Court of Appeals, it wouldn’t be a surprise if President Barack Obama has become a bit gun-shy about making new judicial appointments.

However, his failure to nominate a replacement for soon-to-be-retired Judge Kermit Lipez of the First Circuit Court of Appeals has gotten critics grumbling about a potential “blow to Maine’s legal prestige and delayed justice in a key federal court.”

Not Just Another Brick: Banquet Sales Managers Have Discretion

It's common for employees to sometimes feel like they have no power or control over their jobs. Marx's alienation theory basically states that "you're just another brick in the wall."

If you don't feel like you are the director of your actions in your current job, perhaps you should consider a career in hospitality? The First Circuit Court of Appeals recently held in Hines v. State Room, Inc. that banquet sales managers have a fair amount of sufficient discretion and independent judgment to at least qualify for the administrative exemption to the Fair Labor Standards Act.

First Circuit Denies Guatemalan Citizen NACARA Relief, Asylum Claim

The First Circuit Court of Appeals denied review of a Board of Immigration Appeals' (BIA) decision to deny asylum to a Guatemalan citizen, finding that the petitioner was not a member of a protected social group or faced persecution in his home country. In addition, the Court denied NACARA relief because he was apprehended at the time of entry.

Gorgonio Sicaju-Diaz, who currently resides in Rhode Island with his wife and three children, was taken into custody by federal immigration officials over twenty years ago in Texas. Three months after officials initiated deportation proceedings, he filed an application for asylum, but failed to appear for his hearing. An immigration judge issued a deportation order in absentia, but it took ten years before he filed a suspension of deportation and his case was reopened.

Court Affirms Conviction, Finds Admissible Hearsay in Fogg

Remember the days before the Affordable Care Act when reimportation was one of the biggest healthcare controversies? Consumer groups argued that pharmaceutical drugs were cheaper in Canada than in the U.S., so patients should be allowed to import prescription drugs from our northern neighbor.

Today’s First Circuit Court of Appeals appellant had a similarly industrious plan, except that he was part of a conspiracy to import marijuana from Canada for re-sale in Maine.

Five Things to Know About First Circuit Judge Kermit Lipez

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list.

Muppet-mania is consuming the nation in the most unexpected ways following the release of The Muppets. Needless to say, we have Kermit on the brain.

But Kermit the Frog isn’t the only noteworthy Kermit in America. Today we’re taking a look at the equally-important, and not-at-all-green, First Circuit Court of Appeals Judge Kermit Lipez.