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

June 2015 Archives

Sometimes you just need to switch it up, whether you're getting a new pair of sneaks or ending a 28 year long business arrangement. In 2013, Nike, the massive shoe and apparel company, decided it was time to make a change when its retailers severed the relationship with Carter's of New Bedford, a tiny, family-owned Massachusetts retailer. Carter's wasn't about to let Nike get away, however.

Carter's, alleging that Nike was turning its back on small businesses, sued the shoe company for breach of contract in Massachusetts court. Unfortunately for Carter's, Nike removed the case to federal court and had it dismissed. The issue? Nike's invoices contained a forum selection clause, limiting contract disputes to courts in Oregon, Nike's home state.

After Blessing Iwuala received his master's degree in business administration in Nigeria, he put his learning to use opening a medical supply company. When Iwuala teamed up with John Nasky, who ran a medical billing business, the two used Iwuala's company to circumvent Nasky's pervious ban from Medicare payments. Soon, Medicare payments for durable medical equipment left Iwuala "awash in a flood of easy money."

That arrangement netted Iwuala quick cash with little work, but it also landed him in jail when Nasky's fraudulent billing was revealed. Iwuala was sentenced to three and a half years in prison, despite his claims that he was an innocent dupe. On appeal, the First Circuit upheld his conviction in full.

"Alien reporting requirements" -- a terrifying phrase for immigrants in the U.S. The phrase becomes particularly ominous given the fact that it was completely misinterpreted by an immigration court in Alan Soares Renaut v. Loretta E. Lynch.

How is that possible, you ask? Aren't the reporting requirements simple enough?

Here's the requirement at issue: as an alien in the U.S., you're required to give the government a valid mailing address. If your address changes, you must inform the government of that change.

The parents of a young boy injured during birth lost their appeal to the First Circuit last Friday, largely due to lack of evidence to support their claims.

When F.A.F.R. was born, his shoulders failed to deliver after his head emerged, resulting in Erb's Palsy, which causes weakness and loss of motion in the arms. His parents sued in federal court in Puerto Rico and the jury found that both the delivering doctor, Dr. Capre-Febus, and the hospital, Dorado Health, had been negligent, yet only the doctor's negligence had caused F.A.F.R.'s injuries.