2016 First Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 503
Date: December 30, 2016
Docket Number: 16-1115
Justia Opinion Summary: Petitioner, a Honduran nation, conceded removability after being charged for being present in the United States without legal sanction. Petitioner cross-applied for asylum, withholding of removal, and protection under…
Date: December 28, 2016
Docket Number: 15-2015
Justia Opinion Summary: Eight police officers, a police cadet, and a provisionally hired 911 operator (collectively, the Officers) alleged that they suffered adverse employment actions by the Boston Police Department as a result of a racially…
Date: December 23, 2016
Docket Number: 15-1921
Justia Opinion Summary: In 2010, Petitioner pleaded guilty to several charges in connection with a drug-trafficking enterprise. The district court sentenced Petitioner to a ten-year term of immurement. Thereafter, Petitioner moved to correct…
Date: December 23, 2016
Docket Number: 16-1126
Justia Opinion Summary: Plaintiff filed filed a qui tam action against a corporation and its subsidiary, both of whom manufacture and market medical devices, alleging that Defendants violated the False Claims Act in selling two particular…
Date: December 23, 2016
Docket Number: 16-1130
Justia Opinion Summary: Brian Blackden, a freelance photographer who sends photos to several regional-media outlets, including Belsito Communications (Belsito), and Belsito filed suit alleging that James Decker, a New Hampshire State Trooper,…
Date: December 23, 2016
Docket Number: 16-1192
Justia Opinion Summary: Erasmo Rodriguez-Vazquez (Rodriguez) successfully worked to obtain the reversal of several wrongfully convicted individuals. Those individuals and/or their heirs or assigns brought two suits, consolidated into this case,…
Date: December 23, 2016
Docket Number: 16-1267
Justia Opinion Summary: Jamie Rogers, a seaman, was injured on a fishing vessel owned and operated by Block Island Fishing, Inc. Block Island made some “maintenance and cure” payments to Rogers. Block Island then brought this suit against…
Date: December 21, 2016
Docket Number: 15-2145
Justia Opinion Summary: In the 1945 case Crespo v. United States, the First Circuit held that 18 U.S.C. 2421(a), which prohibits transportation of an individual “in interstate or foreign commerce, or in any Territory or Possession of the United…
Date: December 20, 2016
Docket Number: 15-1848
Justia Opinion Summary: After a jury trial, Defendant was convicted of making false statements in a passport application, aggravated identity theft, and use of a falsely-obtained Social Security account number to obtain benefits. The district…
Date: December 19, 2016
Docket Numbers: 14-2313, 14-2314, 14-2315
Justia Opinion Summary: Defendants, who previously served as high-ranking officials in the Massachusetts Office of the Commissioner of Probation (OCP), were convicted for Racketeer Influenced and Corrupt Organizations (RICO) violations, RICO…
Date: December 19, 2016
Docket Number: 15-2089
Justia Opinion Summary: On three occasions, Defendant sold heroin to a person surreptitiously cooperating with the federal government. Defendant was charged with three counts of possessing heroin with intent to distribute. A jury subsequently…
Date: December 19, 2016
Docket Number: 15-2227
Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, was arrested and charged with removability on the basis that he had remained in the United States beyond the six months permitted by his visa. Defendant filed a motion to…
Date: December 16, 2016
Docket Number: 15-1803
Justia Opinion Summary: Plaintiff, an African-American, filed an employment discrimination case against Amtrak, his employer, alleging that his opportunities for overtime were reduced because of his race and that he was subjected to a hostile…
Date: December 16, 2016
Docket Number: 15-1906
Justia Opinion Summary: Plaintiffs, a group of construction-industry employers’ associations and employers, sought relief from a broad category of enforcement actions that may be brought under the Massachusetts Earned Sick Time Law (ESTL).…
Date: December 16, 2016
Docket Number: 15-2103
Justia Opinion Summary: Defendant pled guilty to failing to register as a sex offender in violation of the Sex Offender Registration and Notification Act (SORNA). The district court sentenced Defendant to time served on the SORNA violation…
Date: December 16, 2016
Docket Number: 16-1282
Justia Opinion Summary: Pursuant to the Internal Revenue Code, taxpayers receive credits against owed U.S. income tax for money paid to a foreign country for “taxable international business transactions of economic substance.” Some banks have…
Date: December 16, 2016
Docket Number: 16-1304
Justia Opinion Summary: Appellant brought a qui tam action against Cyberonics, Inc. alleging that Cyberonics violated the False Claims Act (FCA) and related state statutes by promoting medically unnecessary replacements of batteries in nerve…
Date: December 16, 2016
Docket Number: 16-1307
Justia Opinion Summary: While working at a subsidiary of General Dynamics Corporation (GDC), Plaintiff participated in GDC’s long-term disability (LTD) plan, which was funded and administered by Aetna Life Insurance Company. Plaintiff became…
Date: December 14, 2016
Docket Number: 16-1228
Justia Opinion Summary: After Appellants went bankrupt, Appellees foreclosed on their home. Appellants each received an IRS Form 1099-A in the mail at the end of the tax year stating that the foreclosure might have tax consequences. The…
Date: December 14, 2016
Docket Number: 16-1351
Justia Opinion Summary: Plaintiff filed a complaint against his employer, the United States Postal Service (USPS), and his supervisor, Michael King, (together, Defendants), alleging that Defendants terminated him from the Brookline,…
Date: December 13, 2016
Docket Number: 15-2112
Justia Opinion Summary: Here the United States Citizenship and Immigration Services approved an I-130 “immediate relative” visa petition based on an the marriage of Petitioner, a Chinese national, to a United States citizen. In a parallel…
Date: December 13, 2016
Docket Number: 15-2186
Justia Opinion Summary: Defendant was convicted of possessing a firearm after being convicted of a felony and possessing a machine gun. Defendant was sentenced to a term of imprisonment of sixty-five months. In Defendant’s prior appeal, the…
Date: December 13, 2016
Docket Number: 16-1150
Justia Opinion Summary: The underlying dispute in this case concerned a mortgage purported granted by Andrew and Maureen DeMore to the predecessor in interest to HSBC Bank, USA, N.A. on a parcel of property owned by the DeMores. This appeal…
Date: December 12, 2016
Docket Number: 14-1058
Justia Opinion Summary: Defendant pleaded guilty to production of child pornography. Defendant’s plea agreement contained a knowing and voluntary waiver of any right to appeal his sentence. Defendant appealed, challenging certain special…
Date: December 12, 2016
Docket Number: 16-1254
Justia Opinion Summary: Plaintiff brought this class action against his former landlord (Landlord) alleging that Landlord violated several provisions of the Massachusetts Security Deposit Law by impermissibly deducting certain charges from his…
Date: December 7, 2016
Docket Number: 15-2526
Justia Opinion Summary: Plaintiff filed a complaint against the Transportation Security Administration and other defendants alleging violations of federal statutes prohibiting discriminatory treatment of disabled persons. The statutory scheme…
Date: December 7, 2016
Docket Number: 15-2539
Justia Opinion Summary: The Phoenix Insurance Company refused to defend and/or indemnify its named insured, an attorney referred to as “John Doe,” against claims advanced by Harry Sanders. Suing in his capacity as executor of the estate of…
Date: December 2, 2016
Docket Number: 15-1065
Justia Opinion Summary: Defendant pled guilty to conspiring to distribute narcotics near three public housing projects and possessing a firearm in furtherance of the drug trafficking offense. Defendant was appointed new counsel for sentencing…
Date: December 2, 2016
Docket Number: 15-1869
Justia Opinion Summary: Defendant was charged with one count of being a felon in possession of a firearm and ammunition. Defendant filed a motion to suppress a pistol and ammunition found after a search conducted at his house, arguing that the…
Date: December 2, 2016
Docket Number: 15-2068
Justia Opinion Summary: The State of New Hampshire requires that political parties seeking to have their nominees listed on statewide election ballots demonstrate that one of its candidates received at least four percent of the statewide vote…
Date: December 2, 2016
Docket Number: 16-1010
Justia Opinion Summary: David Efron and Madeleine Candelario were involved in a divorce proceeding and a pending marital property division proceeding before the superior court of Puerto Rico. In the divorce proceeding, the superior court…
Date: December 1, 2016
Docket Number: 14-2319
Justia Opinion Summary: After a jury trial, Defendant was convicted of being a felon in possession of a firearm. The district court imposed an eighty-four-month prison term. Defendant appealed, challenging both his conviction and his sentence.…
Date: November 29, 2016
Docket Number: 16-1731
Justia Opinion Summary: The Centers for Medicare & Medicaid Services (CMS) terminated its Provider Agreement with Parkview Adventist Medical Center after finding that Parkview was no longer a “hospital” under the Medicare statute. Parkview,…
Date: November 28, 2016
Docket Number: 15-1491
Justia Opinion Summary: Following a drop in the share price of ARIAD Pharmaceuticals, Inc., investors filed suit against the corporation and four corporate officers (collectively, ARIAD). Plaintiffs alleged securities fraud in violation of the…
Date: November 23, 2016
Docket Number: 15-1336
Justia Opinion Summary: On the fifth time before the First Circuit, Plaintiff, a United States citizen-resident of Puerto Rico, and his fellow plaintiffs challenged the denial of the right of Puerto Rico citizens to vote for representatives to…
Date: November 23, 2016
Docket Number: 15-1782
Justia Opinion Summary: Appellant, an officer with the Puerto Rico Police Department (PRPD), filed an employment discrimination claim against the Commonwealth of Puerto Rico, the PRPD, and several of her coworkers, alleging violations of…
Date: November 23, 2016
Docket Number: 15-1945
Date: November 23, 2016
Docket Number: 15-2541
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to distribute, and possess with the intent to distribute, controlled substances. The presentence report attributed 1,451.7 kilograms of synthetic cannabinoid product to Defendant,…
Date: November 22, 2016
Docket Number: 14-1400
Justia Opinion Summary: After a jury trial in a Massachusetts state court, Appellant was convicted of unarmed robbery. The Massachusetts Appeals Court affirmed the conviction, rejecting Appellant’s claim that certain identification procedures…
Date: November 22, 2016
Docket Number: 14-1423
Justia Opinion Summary: Relators’ daughter died of a seizure after receiving mental health treatment at Arbour Counseling Services, a facility in Massachusetts owned and operated by Universal Health Services (UHS). When Relators learned that…
Date: November 22, 2016
Docket Numbers: 16-1302, 16-1565
Justia Opinion Summary: Plaintiff, a former professional sailor, was an employee of Defendant, which owed a sailing vessel and motor support vessel. Plaintiff was injured during his employment. Plaintiff later invoked admiralty jurisdiction and…
Date: November 22, 2016
Docket Number: 16-1382
Justia Opinion Summary: Plaintiff brought a qui tam action against Takeda Pharmaceutical Company and its affiliates (collectively, Takeda) and Eli Lilly and Company (Eli Lilly) (collectively, Defendants) under the False Claims Act (FCA) and the…
Date: November 22, 2016
Docket Number: 16-1492
Justia Opinion Summary: Mark Eves, the Maine Legislature Speaker of the House, obtained a contract of employment with Good Will-Hinckley (GWH), a Maine nonprofit that is largely funded by biennial grants from the state. Whether to disburse that…
Date: November 21, 2016
Docket Number: 14-1672
Justia Opinion Summary: Defendant was convicted of Hobbs Act extortion, tax fraud, and making false statements to obtain federal worker’s compensation. Defendant appealed, arguing that the district court erred in denying her motion to suppress…
Date: November 21, 2016
Docket Number: 14-1729
Justia Opinion Summary: In Castaneda v. Souza, the First Circuit divided evenly over the question of whether the “when…released” clause in 8 U.S.C. 1226(c)(1) limits the scope of section 1226(c)(2). The result of the deadlock was the affirmance…
Date: November 21, 2016
Docket Number: 15-1945
Justia Opinion Summary: Tutor Perini Corporation, a giant construction company, sued Banc of America Securities LLC (BAS) and Bank of America, N.A. (BANA), alleging that BAS, acting as its broker-dealer and with BANA’s knowledge and…
Date: November 21, 2016
Docket Numbers: 15-2005, 15-2006, 15-2007
Justia Opinion Summary: AstraZeneca, a drug manufacturer that owns the patents covering Nexium, a prescription heartburn medication, sued Ranbaxy for patent infringement after Ranbaxy announced that it sought to market a generic version of…
Date: November 18, 2016
Docket Numbers: 15-1368, 15-1376
Justia Opinion Summary: After a merger in 1995, William and Patricia Cavallaro received 38 shares of stock in Camelot, the merged company. Their three sons received 54 shares each. When Camelot was subsequently acquired, the Cavallaros received…
Date: November 16, 2016
Docket Number: 13-2249
Justia Opinion Summary: Appellant pled guilty to illegally bringing aliens into the United States by boat. Appellant was sentenced to thirty-eight months’ imprisonment based, in part, on a ten-level enhancement for the death of a passenger who…
Date: November 16, 2016
Docket Number: 15-1136
Justia Opinion Summary: Defendant pleaded guilty to dealing in firearms without a license and for being a felon in possession of a firearm and ammunition. The district court sentenced Defendant to 180 months in prison - the mandatory minimum -…
Date: November 16, 2016
Docket Number: 15-2205
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to distribute a controlled substance (oxycodone) and distribution of that controlled substance. The district court imposed a bottom-of-the-range sentence of a fifty-seven-month term…
Date: November 14, 2016
Docket Number: 15-2421
Justia Opinion Summary: Edythe Dyer executed a promissory note to Dreamhouse Mortgage Corporation and granted a mortgage on her property in Boston, Massachusetts to Mortgage Electronic Registration Systems, Inc. (MERS). MERS assigned the…
Date: November 14, 2016
Docket Number: 16-1053
Justia Opinion Summary: A Massachusetts district court awarded damages to Dawn Irish arising out of her divorce from Craig Irish and the separation agreement filed in their divorce proceeding. Dawn later filed a complaint in federal district…
Date: November 10, 2016
Docket Number: 15-1289
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to possession of a machine gun. After a sentencing hearing, the district court imposed a thirty-six-month incarcerate sentence. Defendant appealed, alleging that the…
Date: November 7, 2016
Docket Number: 15-1892
Justia Opinion Summary: After a jury trial, Defendant was found guilty of conspiracy and embezzlement from a federal funded organization for using his political clout to divert federal funds granted to a state agency. The district court…
Date: October 31, 2016
Docket Number: 14-1879
Justia Opinion Summary: In 2002, Appellant entered a guilty plea, pursuant to a plea agreement, to four counts of conspiracy to commit, and aiding and abetting, insurance and mail fraud. In 2011, Appellant consulted an immigration attorney to…
Date: October 31, 2016
Docket Number: 15-2563
Justia Opinion Summary: Petitioner filed an application for a good-faith-marriage waiver of the joint-filing requirement for a Petition to Remove Conditions on Residence (Form I-751 waiver) but made a series of representations to advance her…
Date: October 28, 2016
Docket Number: 15-1990
Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to commit arson, wire fraud, mail fraud, and theft of government funds. The convictions stemmed from Defendant’s participation in a scheme to burn down a tenement…
Date: October 28, 2016
Docket Number: 15-2408
Justia Opinion Summary: The consolidated appeals in this case involved a dispute between the Secretary of Health and Human Services and a group of Maine hospitals about certain payments - called disproportionate share payments (DSH payments) -…
Date: October 24, 2016
Docket Number: 15-1154
Justia Opinion Summary: While she was a student at Harvard Law School (HLS), Megon Walker was a member of the staff of the Journal of Law and Technology. During Walker’s final semester, concerns arose regarding a draft article (the Note) that…
Date: October 24, 2016
Docket Number: 15-2372
Justia Opinion Summary: Petitioner, a Ugandan national, was subjected to removal proceedings. Petitioner conceded removability and applied for asylum and withholding of removal. An immigration judge denied Petitioner’s application for asylum…
Date: October 24, 2016
Docket Number: 16-1285
Justia Opinion Summary: Appellant, a financially sophisticated individual, petitioned for bankruptcy. A bankruptcy court denied the petition, in part, because Appellant omitted the existence of his Cash Balance Plan (CBP), a retirement account,…
Date: October 21, 2016
Docket Numbers: 14-2055, 14-2066
Justia Opinion Summary: Medina & Medina, Inc., a Puerto Rico-based distributor of refrigerated food products, sued its principal, Hormel Foods Corp. Medina sought a declaration that Medina was the exclusive distributor of Hormel’s retail…
Date: October 21, 2016
Docket Number: 15-2310
Justia Opinion Summary: The Federal Motor Carrier Safety Administration (FMSCA) maintains a database of inspection history and safety records relating to commercial motor vehicle operators. Appellants, a group of commercial motor vehicle…
Date: October 21, 2016
Docket Number: 16-1260
Justia Opinion Summary: Petitioner, a native and citizen of Colombia, was charged as removable. In response, Petitioner sought asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). The…
Date: October 19, 2016
Docket Number: 14-2297
Justia Opinion Summary: Appellant pleaded guilty to conspiracy to possess with intent to distribute twenty-eight grams or more of cocaine base. In sentencing Appellant, the district court departed downward and imposed a ninety-seven-month…
Date: October 19, 2016
Docket Number: 15-2404
Justia Opinion Summary: After a jury trial in a Massachusetts state court, Appellant was found guilty of unlawful possession of a firearm, unlawful possession of ammunition, and other offenses. The appeals court affirmed. Appellant later filed…
Date: October 19, 2016
Docket Number: 16-1008
Justia Opinion Summary: After a bench trial, Defendant was convicted on one count under 18 U.S.C. 1344, the Bank Fraud Act, for knowingly executing and attempting to execute a scheme and artifice to defraud a federally-insured financial…
Date: October 14, 2016
Docket Number: 14-2245
Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy, manufacturing over 100 marijuana plants, maintaining a residence for marijuana manufacturing, and possessing a firearm as a felony. The district court sentenced…
Date: October 14, 2016
Docket Number: 15-1576
Justia Opinion Summary: After Defendant was intercepted in a thirty-foot vessel by the United States Coast Guard, the Coast Guard found approximately 144 kilograms of cocaine onboard. Defendant pleaded guilty to one count of possession with…
Date: October 10, 2016
Docket Number: 15-2269
Justia Opinion Summary: Patrick Hannon and his wife sought protection from their creditors by filing a voluntary bankruptcy petition under Chapter 11 of the Bankruptcy Code. Three companies filed an adversary complaint against Hannon in the…
Date: October 10, 2016
Docket Number: 15-2400
Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of manufacturing marijuana. Defendant was sentenced to twelve months and one day of imprisonment. Defendant appealed, raising several procedural challenges and…
Date: October 10, 2016
Docket Number: 15-2568
Justia Opinion Summary: Petitioner, a Peruvian national, became a lawful conditional resident of the United States in 2001 at age eleven. The government initiated removal proceedings against Petitioner in 2007. After a serious of mistakes on…
Date: October 3, 2016
Docket Number: 15-2250
Justia Opinion Summary: Following an announcement that overstated the positive interim results from clinical trials for an experimental drug combination intended to treat a fatal lung disease, Vertex Pharmaceuticals, Inc.’s stock price rose…
Date: September 28, 2016
Docket Number: 15-2021
Justia Opinion Summary: In 2014, New Hampshire amended a statute by forbidding citizens from photographing their marked ballots and publicizing those photographs (referred to as “ballot selfies”). Three New Hampshire citizens filed suit,…
Date: September 26, 2016
Docket Number: 15-2460
Justia Opinion Summary: Phillip McCue died after an encounter with five police officers with the City of Bangor. During the encounter, the officers sought to take McCue into protective custody due to his erratic behavior allegedly caused by…
Date: September 23, 2016
Docket Number: 14-2121
Justia Opinion Summary: Plaintiff, an Army veteran, began working as a probationary patrol officer for the Billerica Police Department in 2009. Later that year, the town manager terminated Plaintiff’s employment. Plaintiff subsequently filed…
Date: September 23, 2016
Docket Number: 15-2270
Justia Opinion Summary: At issue in this dispute was a piece of real estate, called Long Wharf, that juts into Boston Harbor. The Boston Redevelopment Authority (BRA) wished to develop the Long Wharf pavilion, which stands at the northern side…
Date: September 23, 2016
Docket Number: 15-2529
Justia Opinion Summary: Petitioner, a native and citizen of Haiti, sought asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). In his asylum application, Petitioner claimed that he had…
Date: September 21, 2016
Docket Number: 15-1312
Justia Opinion Summary: Defendant pleaded guilty to participating in a conspiracy to possess illegal drugs with intent to distribute and with using or carrying a firearm in furtherance of the conspiracy. Defendant was sentenced to thirty-three…
Date: September 21, 2016
Docket Number: 16-1692
Justia Opinion Summary: In 2014, four residents of the City of Cranston, Rhode Island, and the American Civil Liberties Union of Rhode Island filed a complaint against the City under 42 U.S.C. 1983 for declaratory and injunctive relief,…
Date: September 20, 2016
Docket Number: 15-1672
Justia Opinion Summary: After a jury trial, Defendant was convicted of using a means of interstate commerce to entice a minor to engage in illegal sexual activity. Defendant was sentenced to ten years in prison to be followed by five years of…
Date: September 20, 2016
Docket Number: 15-2373
Justia Opinion Summary: Petitioner, a native and citizen of China, was charged as removable based on allegations that Petitioner had misrepresented himself as a Japanese citizen and national. An Immigration Judge (IJ) sustained the charge of…
Date: September 19, 2016
Docket Number: 15-2061
Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to commit bank fraud and conspiracy to pass counterfeit currency. Defendant appealed, alleging five purported evidentiary errors that he failed to raise below,…
Date: September 14, 2016
Docket Number: 15-1460
Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of possession of child pornography. Defendant appealed, arguing that the district court committed reversible error when it declined to view a limited number of…
Date: September 14, 2016
Docket Number: 15-1858
Date: September 14, 2016
Docket Number: 15-1898
Justia Opinion Summary: Defendant entered into a plea agreement pursuant to Fed. R. Crim. P. 11(c)(1)(C) (a “C-type plea agreement”), which binds the district court to a pre-agreed sentence if the court accepts the defendant’s plea. Under…
Date: September 14, 2016
Docket Number: 15-2299
Justia Opinion Summary: Plaintiffs, former and current tenants of residential property in Massachusetts leased to them by Defendants, challenged certain amenity use fees imposed by Defendants, alleging violations of the Massachusetts Security…
Date: September 13, 2016
Docket Number: 15-1923
Justia Opinion Summary: Brian O’Shea worked for UPS for thirty-seven years. As an employee of UPS, O’Shea participated in the UPS Retirement Plan. O’Shea became eligible for retirement in 2009 and decided to retire at the end of that year. In…
Date: September 13, 2016
Docket Number: 15-2305
Justia Opinion Summary: Daniel George, a self-taught chemist who created his own health supplements, was convicted of tax evasion based on his failure to pay taxes for the tax years 1996 through 1999. Six weeks after his tax evasion indictment,…
Date: September 9, 2016
Docket Number: 14-2247
Justia Opinion Summary: Plaintiff filed a complaint against Defendants - both FBI special agents - alleging that Defendants violated his Fourth Amendment right to be protected against seizure but upon probable cause. Defendants moved to dismiss…
Date: September 9, 2016
Docket Number: 15-1786
Justia Opinion Summary: Plaintiff entered an original song and music video to a variety of companies affiliated with Sony Music Entertainment (Sony) as part of a songwriting contest sponsored by Sony. Plaintiff later sued Sony alleging contract…
Date: September 9, 2016
Docket Number: 15-2254
Justia Opinion Summary: Appellant, a native of Cameroon, pleaded guilty to filing a false healthcare claim, larceny, and attempted larceny, in violation of Massachusetts state law. Appellant paid the full restitution amount and his case was…
Date: September 7, 2016
Docket Number: 15-1770
Justia Opinion Summary: After a jury trial in the Commonwealth of Massachusetts, Petitioner was convicted of first-degree murder, armed home invasion, and unlawful possession of a firearm. The Supreme Judicial Court (SJC) reversed Petitioner’s…
Date: September 7, 2016
Docket Number: 15-1983
Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, applied for withholding of removal, asserting that he suffered past persecution and faced a clear probability of future persecution in Guatemala on account of his political…
Date: September 6, 2016
Docket Number: 16-1199
Justia Opinion Summary: Plaintiff purchased CVS-brand Vitamin E 400 International Units Softgels at a CVS in Plainview, New York. The bottle containing the product bore a label that advertised the product as supporting “heart health.” Plaintiff…
Date: August 31, 2016
Docket Number: 15-2011
Justia Opinion Summary: Plaintiffs, former employees of the Boulevard Motel Corporation, filed separate complaints alleging that Boulevard filed them in violation of the Maine Human Rights Act (MHRA) and the Maine Whistleblowers’ Protection Act…
Date: August 31, 2016
Docket Number: 15-2224
Justia Opinion Summary: Plaintiff - a former police officer with the City of Quincy, Massachusetts - brought this action against the City, its chief of police, and a police captain, (collectively, Appellees), alleging, among other claims, that…
Date: August 30, 2016
Docket Number: 14-2246
Justia Opinion Summary: After a jury trial, Defendant was convicted of possessing drugs with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. Defendant appealed his conviction and sentence, asserting…
Date: August 30, 2016
Docket Number: 15-1897
Justia Opinion Summary: Plaintiffs, two high-profile medical researchers that held faculty appointments at Harvard Medical School and were intimately involved with a research laboratory at Brigham and Women’s Hospital, were investigated for…
Date: August 24, 2016
Docket Number: 14-1995
Justia Opinion Summary: Petitioner, a native and citizen of Eritrea, filed an application for asylum, withholding of removal, and protection under the Convention Against Torture, claiming that she was persecuted in Eritrea because of her…
Date: August 24, 2016
Docket Number: 15-1507
Justia Opinion Summary: Plaintiffs filed a class action suit on behalf of approximately 1.5 million Puerto Rican residents who are customers of Autoridad de Energia Electrica de Puerto Rico (PREPA), alleging that PREPA used a portion of its…
Date: August 24, 2016
Docket Number: 16-1370
Justia Opinion Summary: In an effort to raise more tax revenue, the Puerto Rico legislature amended the corporate alternative minimum tax (AMT) in 2015. Wal-Mart Puerto Rico, Inc., the largest private employer in Puerto Rico, brought this…
Date: August 23, 2016
Docket Number: 14-2138
Justia Opinion Summary: Petitioner, who was born and raised in Guatemala, entered the United States without inspection. The Government initiated removal proceedings against Petitioner for entering the United States without a valid entry…
Date: August 23, 2016
Docket Number: 15-1198
Justia Opinion Summary: Plaintiffs, a putative class of unionized “visiting” nurses, sued their employer - Baystate Visiting Nurse association & Hospice, Inc. and Baystate Health, Inc. (collectively, “Baystate”) - in state court for unpaid…
Date: August 22, 2016
Docket Number: 14-2092
Justia Opinion Summary: Plaintiff, a former graduate student intern at the John A. Volpe National Transportation System Center, sought access to the Volpe Centers propriety data through a Cooperative Research and Development Agreement (CRADA)…
Date: August 22, 2016
Docket Number: 15-1037
Justia Opinion Summary: After a bench trial, Defendant was convicted of thirteen counts of child pornography. The First Circuit vacated Defendant’s conviction on six of those counts and remanded. Defendant subsequently fled the state of Maine…
Date: August 19, 2016
Docket Number: 14-2132
Justia Opinion Summary: After a jury trial, Appellant, a citizen of the Dominican Republic who entered the United States illegally, was found guilty of theft of public money, use of a falsely obtained social security number to obtain benefits,…
Date: August 19, 2016
Docket Number: 15-1495
Justia Opinion Summary: Defendant entered a conditional guilty plea to conspiracy to distribute and possess with intent to distribute twenty-eight grams or more of cocaine base and possession of a firearm in furtherance of a drug trafficking…
Date: August 19, 2016
Docket Number: 15-2189
Justia Opinion Summary: Robert Harris sought to recover in federal bankruptcy court a real estate broker’s commission that he alleged he was owed by Rosa Scarcelli and Oak Knoll Associates, LP (together, Oak Knoll). The bankruptcy court granted…
Date: August 17, 2016
Docket Numbers: 13-2139, 13-2427
Justia Opinion Summary: After a joint jury trial, Alexis Candelario-Santana (Candelario) and David Oquendo-Rivas (Oquendo) (together, Defendants) were found guilty of numerous crimes stemming from a drug-related mass shooting carried out in…
Date: August 17, 2016
Docket Number: 15-1316
Justia Opinion Summary: Defendant pleaded guilty to three counts of distributing cocaine, one count of possession with intent to distribute cocaine, and one count of felon in possession of a firearm. The district court sentenced Defendant to a…
Date: August 17, 2016
Docket Number: 15-1343
Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of possession of cocaine with intent to distribute. The district court sentenced Defendant to a term of imprisonment of forty-one months. The First Circuit…
Date: August 16, 2016
Docket Number: 15-1009
Date: August 16, 2016
Docket Number: 15-1166
Justia Opinion Summary: Defendant was convicted in Massachusetts state court of rape and indecent assault and battery on a person over fourteen years of age. After his release from prison, Defendant was arrested for failing to register.…
Date: August 10, 2016
Docket Number: 14-1175
Justia Opinion Summary: Appellant pled guilty to conspiracy to possess with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. The government filed a complaint for forfeiture in rem against jewelry…
Date: August 10, 2016
Docket Numbers: 14-1515, 14-1514, 14-1516
Justia Opinion Summary: Appellant was indicted in three separate criminal cases for his involvement in various drug-related crimes. The parties eventually negotiated a plea deal that resolved the three criminal cases. The plea agreement…
Date: August 10, 2016
Docket Number: 15-1161
Justia Opinion Summary: Defendant, a school aide for special-needs students, pled guilty to the sexual exploitation of three minors, as well as the transportation, receipt, and possession of child pornography. After a hearing, the judge imposed…
Date: August 10, 2016
Docket Number: 15-2114
Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, was charged with removability. Petitioner conceded removability and indicated her intent to seek asylum, withholding of removal, and protection under the Convention…
Date: August 10, 2016
Docket Number: 15-2158
Justia Opinion Summary: Petitioner, a native and citizen of the People’s Republic of China, conceded removability and applied for asylum, withholding of removal, and relief under the Convention Against Torture. Before the immigration judge…
Date: August 10, 2016
Docket Number: 15-2337
Justia Opinion Summary: When Plaintiff observed that a company named 110, Inc. was operating a substance abuse treatment facility next door to his residence, he argued that the Town of Wenham’s unilateral, non-public approval of 110, Inc.’s use…
Date: August 9, 2016
Docket Number: 15-1998
Justia Opinion Summary: Defendant pleaded guilty in federal court to a single count of wire fraud. A judge sentenced Defendant to a term of imprisonment, thirty-six months of supervised release, and restitution. After Defendant was released…
Date: August 5, 2016
Docket Number: 15-1155
Justia Opinion Summary: When Jane Doe was in second grade, she began receiving special education under the Individuals with Disabilities Education Act based on her deficiency in reading fluency. More than six years later, an administrative…
Date: August 5, 2016
Docket Number: 15-1326
Justia Opinion Summary: After her employment was terminated, Employee filed sexual harassment, gender discrimination, and retaliation claims under federal and Puerto Rico law against her former employer (Employer) and its co-owners and…
Date: August 5, 2016
Docket Number: 15-1418
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to carjacking and possessing a firearm. After a sentencing hearing, the judge imposed a within-guidelines prison sentence of seventy months for the carjacking crime and…
Date: August 4, 2016
Docket Number: 16-1727
Justia Opinion Summary: Petitioner pleaded guilty to two counts of carjacking resulting in death. The jury sentenced Petitioner to death under the Federal Death Penalty Act (FDPA). Due to jury taint, Petitioner’s sentence was vacated and his…
Date: August 3, 2016
Docket Number: 15-1009
Justia Opinion Summary: Four years ago, the First Circuit affirmed a judgment that Defendant, a Puerto Rico credit union, infringed on the trademark rights of Plaintiff, a competing bank, by adopting a confusingly similar logo and trade dress.…
Date: August 3, 2016
Docket Number: 15-2213
Date: August 2, 2016
Docket Number: 15-1839
Justia Opinion Summary: Evergreen Partnering Group, Inc. processed used polystyrene products into a recycled polystyrene resin, which it sold to converters to use in a “green foam” line of products. Evergreen sued Defendants - the five largest…
Date: August 2, 2016
Docket Number: 15-1858
Date: July 29, 2016
Docket Number: 15-1041
Justia Opinion Summary: In 2012, Plaintiff applied for disability insurance benefits under the Social Security Act, alleging a disability onset date of 1995. Plaintiff’s date last insured (DLI) was in 1998. An administrative law judge (ALJ)…
Date: July 29, 2016
Docket Number: 15-1858
Date: July 29, 2016
Docket Number: 15-1962
Justia Opinion Summary: Pursuant to a non-binding plea agreement, Appellant pled guilty to knowingly possessing a firearm and ammunition after having been convicted of a felony. The presentence investigation report resulted in a guidelines…
Date: July 26, 2016
Docket Number: 15-1278
Justia Opinion Summary: At issue in this case was whether one of the Commonwealth of Puerto Rico’s special-purpose public corporations, the Puerto Rico Ports Authority (PRPA), is an arm of the Commonwealth that enjoys sovereign immunity under…
Date: July 26, 2016
Docket Number: 15-2106
Justia Opinion Summary: Defendant, a tile salesman, received material, nonpublic information from a corporate inside and then passed that information along to friends, who used it to obtain substantial trading gains. After a jury trial,…
Date: July 21, 2016
Docket Number: 15-2181
Justia Opinion Summary: Petitioner, a Guatemalan national, entered the United States and was placed in removal proceedings. Petitioner cross-applied for asylum, withholding of removal, and protection under the United Nations Convention Against…
Date: July 19, 2016
Docket Number: 14-2030
Justia Opinion Summary: Plaintiff, a Puerto Rico Police Department law enforcement officer, filed a complaint alleging that Defendants, his superior officers, violated the Establishment Clause by holding a group prayer while on duty and…
Date: July 18, 2016
Docket Number: 15-1262
Justia Opinion Summary: Defendant pled guilty to one count each of robbery, brandishing of a firearm during and in relation to a crime of violence, and possession of a firearm by a felon subject to the Armed Career Criminal Act’s (ACCA)…
Date: July 18, 2016
Docket Number: 15-1498
Justia Opinion Summary: Plaintiffs brought a citizen enforcement action under the Federal Water Pollution Control Act against Defendants, the owner of a neighboring parcel of land and the business operating on it, alleging that contaminated…
Date: July 18, 2016
Docket Number: 15-1858
Justia Opinion Summary: Patricia Cornwell, a well-known crime novelist, and her spouse filed suit against their former business managers Anchin Block & Anchin and the company’s principal, Evan Snapper, alleging New York state law claims of…
Date: July 15, 2016
Docket Number: 14-1948
Justia Opinion Summary: Defendant pleaded guilty to possessing child pornography. The district court sentenced Defendant to 135 months in prison. At a second change-of-plea hearing, Defendant acknowledged that the indictment charged…
Date: July 15, 2016
Docket Number: 15-1487
Justia Opinion Summary: Ms. S. filed a request for a due process hearing with the Maine Department of Education (MDOE) concerning alleged Individuals with Disabilities Education Act (IDEA) violations in the case of her son, B.S., during his…
Date: July 15, 2016
Docket Number: 15-1652
Justia Opinion Summary: After a jury trial, Appellant was convicted of making a false declaration before a federal grand jury investigating a money laundering scheme. Appellant filed a motion for a new trial, claiming that newly discovered…
Date: July 15, 2016
Docket Number: 15-2214
Justia Opinion Summary: When the decedent in this case died he owed over $340,000 in unpaid federal income tax liabilities. The decedent was survived by his wife, Appellant, and four minor children. Appellant, the decedent’s wife, was appointed…
Date: July 13, 2016
Docket Numbers: 14-1334, 14-1518
Justia Opinion Summary: This appeal stemmed from an employment dispute between Angel Edgardo Rodriguez-Miranda (Rodriguez) and Malik Benin (Benin), two former colleagues. At issue in this, the the latest round of litigation, was a judgment…
Date: July 13, 2016
Docket Number: 15-1445
Justia Opinion Summary: Plaintiffs, retirement-plan participants and one plan administrator, filed a putative class action on behalf of the plans themselves, contending that the plans were being cheated of certain plan assets. Specifically,…
Date: July 13, 2016
Docket Number: 15-1602
Justia Opinion Summary: Defendant pled guilty to eight counts of wire fraud and seven counts of mail fraud for sending fraudulent invoices appearing to be sent by a legitimate trade association to thousands of businesses, which unwittingly sent…
Date: July 11, 2016
Docket Number: 14-1864
Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiring to distribute and to possess with intent to distribute at least five kilograms of cocaine. The district court sentenced Defendant within the Guidelines sentencing…
Date: July 11, 2016
Docket Number: 15-1982
Justia Opinion Summary: Plaintiff, a former employee of the Transportation Security Administration, filed suit against David Johnson, the Supervisory Air Marshal in Charge at the Boston Field Office of the Federal Air Marshals Service where…
Date: July 8, 2016
Docket Number: 14-2147
Justia Opinion Summary: Appellant conceded that he violated the conditions of his release by committing an offense involving possession of a firearm. The district court imposed a sentence of thirty-six months’ imprisonment, which was six months…
Date: July 8, 2016
Docket Number: 15-1800
Justia Opinion Summary: Plaintiff filed a negligence suit in the Puerto Rico federal district court, naming as defendants the Municipality of Caguas, Consolidated Waste Service Corporation (ConWaste), and ConWaste’s insurance provider, stating…
Date: July 8, 2016
Docket Number: 15-2127
Justia Opinion Summary: Defendant pleaded guilty to a federal indictment charging him with possession of a firearm and ammunition by an unlawful user of a controlled substance and possession of a machine-gun. Before sentencing, the probation…
Date: July 5, 2016
Docket Number: 15-1805
Justia Opinion Summary: When Thomas was a child, he was lawfully admitted to the United States for six months, but he and his parents remained in the country beyond that date. Thomas’s mother later became a naturalized United States citizen…
Date: July 5, 2016
Docket Number: 15-1827
Justia Opinion Summary: After seeking a mortgage modification under the Home Affordable Modification Program Plaintiff filed a complaint against Wells Fargo Bank, N.A. and Homeward Residential Inc., claiming breach of contract, unfair debt…
Date: July 5, 2016
Docket Number: 15-2383
Justia Opinion Summary: As an individual and doing business as Halloween Costume World, Appellant filed a voluntary petition for bankruptcy under Chapter 11 of the Bankruptcy Code. The Trustee filed a motion to dismiss or convert the case to a…
Date: July 5, 2016
Docket Number: 15-2386
Justia Opinion Summary: Defendant was a tenant of condominium unit (Unit 1801) when unit’s bathtub overflowed and leaked into the condominium units below, causing damage. Pacific Indemnity Company, which insured Unit 1601, brought an action…
Date: July 1, 2016
Docket Number: 15-1191
Justia Opinion Summary: Defendant was convicted under a Massachusetts statute of possessing child pornography as a repeat offender. The Massachusetts Appeals Court (MAC) affirmed. Defendant later filed a petition for federal habeas relief under…
Date: July 1, 2016
Docket Number: 15-1991
Justia Opinion Summary: The False Claims Act (FCA) forbids private parties from bringing qui tam actions on the government’s behalf alleging fraud on government programs if the complaint rests on allegations that were already publicly disclosed…
Date: June 29, 2016
Docket Number: 11-2132
Justia Opinion Summary: Appellant was convicted of aiding and abetting an armed robbery affecting interstate commerce in violation of the Hobbs Act, using a firearm in connection with the robbery, and being a felon in possession of a firearm.…
Date: June 29, 2016
Docket Number: 14-1965
Justia Opinion Summary: Plaintiff brought suit against his former employer, Springfield Terminal Railway Company (Defendant), under the whistleblower provisions of the Federal Railroad Safety Act after he was fired. After a trial, the jury…
Date: June 29, 2016
Docket Number: 15-2384
Justia Opinion Summary: Appellant, an experienced bankruptcy attorney, represented Debtor, who sought relief under Chapter 11 of the Bankruptcy Code. During the proceedings, Appellant engaged in conduct that caused the bankruptcy court to order…
Date: June 28, 2016
Docket Number: 14-2134
Justia Opinion Summary: Appellant was convicted of drug conspiracy charges and imprisoned for almost four years. The charges also led to Appellant’s forfeiture of two trucks and a boat. A previous panel of the First Circuit reversed the…
Date: June 28, 2016
Docket Number: 14-2209
Justia Opinion Summary: Pursuant to a plea agreement, Appellant pleaded guilty to possession of a firearm in furtherance of a drug-trafficking crime. The agreement memorialized a joint sentencing recommendation of seventy-two months’…
Date: June 27, 2016
Docket Number: 15-1607
Justia Opinion Summary: In 2007, Plaintiff was diagnosed with an eye disease. In 2010, Plaintiff’s contract with her employer expired and was not renewed. Plaintiff filed discrimination and retaliation claims against Defendants. The district…
Date: June 21, 2016
Docket Number: 14-1819
Justia Opinion Summary: Defendant pleaded guilty to transportation of a minor with the intent that she engage in prostitution, in violation of 18 U.S.C. 2423(a). The plea agreement contained a joint recommendation that Defendant be sentenced to…
Date: June 21, 2016
Docket Number: 14-2119
Justia Opinion Summary: Petitioner, a native of El Salvador with multiple convictions, was placed in removal proceedings. An Immigration Judge (IJ) rejected Petitioner’s application for Nicaraguan Adjustment and Central American Relief Act…
Date: June 21, 2016
Docket Number: 15-2230
Justia Opinion Summary: Sig Sauer, Inc., a gun manufacturer headquartered in New Hampshire, sought to market a gun that included a “silencer” under the National Firearms Act (NFA). The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)…
Date: June 21, 2016
Docket Number: 15-2494
Justia Opinion Summary: Thomas and Frances Frangos (Plaintiffs) secured a loan and pledged their home as collateral to secure a promissory note issued to the lender. Plaintiffs defaulted on the mortgage twice. A foreclosure sale was scheduled,…
Date: June 17, 2016
Docket Number: 14-1732
Justia Opinion Summary: Defendant pleaded guilty to four felony counts related to a conspiracy to import more than 13,000 kilograms of cocaine. The sentencing court ultimately sentenced Defendant to concurrent prison terms of 151 months for…
Date: June 17, 2016
Docket Number: 15-1429
Justia Opinion Summary: It is a violation of Massachusetts state law for a handgun-purveyor to transfer to customers any handgun “which does not contain a load indicator or magazine safety disconnect.” When the Attorney General (AG) informed…
Date: June 17, 2016
Docket Number: 15-1470
Justia Opinion Summary: Xolair, an injected drug approved by the FDA for treating allergies, is co-promoted in the United States by Genentech, Inc. and Roche Holdings, Inc. (Genentech) and Novartis Pharmaceuticals Corp. and Novartis Corp.…
Date: June 17, 2016
Docket Number: 15-1523
Justia Opinion Summary: Defendant entered a conditional guilty plea to two counts of sexual exploitation of children. Defendant appealed, arguing that the district court erred in determining that he was not entitled to raise a “mistake of age”…
Date: June 17, 2016
Docket Numbers: 15-1653, 15-1721
Justia Opinion Summary: The National Labor Relations Board (Board) issued an order ruling that a Massachusetts car dealership was liable for unfair labor practices. The dealership petitioned for review, arguing that the Board’s findings were…
Date: June 17, 2016
Docket Number: 15-1857
Justia Opinion Summary: Shelly Rando, a pharmacy technician at a CVS Pharmacy in Massachusetts, was suspected of stealing more than 100 bottles of a pain medication. Michelle Leonard, a loss prevention manager at CVS, interviewed Rando. Durimg…
Date: June 14, 2016
Docket Numbers: 15-1458, 15-1515
Justia Opinion Summary: In 2013, Plaintiff, a participant in the Section 8 Federal Housing Choice Voucher Program, listed among her assets a trust that had been established in 2010 to hold Plaintiff's proceeds from a series of tort settlements.…
Date: June 9, 2016
Docket Number: 15-1318
Justia Opinion Summary: After a jury trial, Defendant was convicted of twenty-two counts of theft of government property and one count of aggravated identity theft. Defendant appealed, arguing that the evidence was insufficient to support her…
Date: June 9, 2016
Docket Number: 15-1349
Justia Opinion Summary: Defendant entered into a conditional guilty plea to being a felon in possession of a firearm. Defendant appealed the denial of his motion to suppress evidence seized from his home, arguing that the affidavit a law…
Date: June 9, 2016
Docket Number: 15-1351
Justia Opinion Summary: Gary Sullivan filed suit against VisionAid, Inc., his former employer and a Massachusetts-based company, in Massachusetts state court alleging that he was terminated as the result of illegal age discrimination. In its…
Date: June 9, 2016
Docket Number: 15-1424
Justia Opinion Summary: Article 3 of Puerto Rico’s Law No. 80 requires companies that operate in Puerto Rico to pay a “mesada” - or a statutory severance - to employees who are terminated without “just cause.” Plaintiffs were the former, and…
Date: June 9, 2016
Docket Number: 15-1655
Justia Opinion Summary: Officers sought to execute a warrant for Bey's arrest, stemming from a domestic violence dispute involving a firearm. They determined that Bey was likely at the Summons home. Bey was barred from that residence by an…
Date: June 9, 2016
Docket Number: 15-1918
Justia Opinion Summary: In 2000, Chen entered the U.S. illegally. Luo followed in 2002, with a visitor's visa, which he overstayed. They married 2008. They became members of the China Democracy Party Foundation, a group committed to political…
Date: June 6, 2016
Docket Number: 14-1417
Justia Opinion Summary: An armed assailant entered Banco Popular, covered his face with a mask, and told a teller to fill a bag with money. The teller complied, but added red security dye packs. The robbery was captured by video surveillance…
Date: June 6, 2016
Docket Number: 15-2190
Justia Opinion Summary: Baskin-Robbins, a Delaware LLC, franchises ice cream stores. Alpenrose, a dairy products manufacturer incorporated in Oregon, is headquartered in Portland. In 1965, the two executed a territorial franchise agreement. …
Date: June 3, 2016
Docket Number: 13-1839
Justia Opinion Summary: In 2005, Puerto Rico Police Agent Lizardi was undercover, investigating Casey. Lizardi went missing on the day of a scheduled drug buy. Casey was arrested, signed a Miranda waiver, and at some point, told officers he was…
Date: June 2, 2016
Docket Number: 15-1342
Justia Opinion Summary: In 1997, Jaynes befriended 10-year-old Jeffrey in his Massachusetts neighborhood. Jaynes took Jeffrey for rides in Jaynes's Cadillac without his parents' knowledge. On October 1, Jaynes and Sicari picked Jeffrey up in…
Date: June 2, 2016
Docket Number: 15-1378
Justia Opinion Summary: Acevedo and Vazques seized Doe at gunpoint, pulling him out of a car in Boston. Doe’s family paid the ransom with money marked by the FBI. Agents watched the ransom drop. Vazquez, Moreno, and Acevedo later met to hide…
Date: June 1, 2016
Docket Number: 14-1576
Justia Opinion Summary: Guzman, a supervisor at Kmart, provided his co-conspirators with information about a Kmart store, including the store's layout and the identity of the security guard. Guzman's co-conspirators robbed the store, using a…
Date: May 31, 2016
Docket Number: 14-2065
Justia Opinion Summary: Operation Guard Shack began in 2008, focusing on Puerto Rico police officers who were suspected of accepting money from drug dealers in exchange for providing security during drug transactions. In 2010, as part of that…
Date: May 31, 2016
Docket Number: 15-1779
Justia Opinion Summary: A U.S. Postal Service worker was delivering mail in Mayagüez, Puerto Rico in her USPS vehicle when Soto approached. With a gun in hand, Soto demanded that the victim give him the packages in her vehicle. Soto took two…
Date: May 27, 2016
Docket Number: 15-1081
Justia Opinion Summary: Jenkins was convicted in Massachusetts state court in 2005 of the first-degree murder of his cousin and was sentenced to life in prison. He did not testify. The state trial court denied Jenkins's motion for a new trial,…
Date: May 26, 2016
Docket Number: 15-1149
Justia Opinion Summary: The Pandits, citizens of India, have lived in the U.S. for 21 years. They reside in Massachusetts with their 19-year-old daughter, Pooja, who is a U.S. citizen. In 2009, DHS began removal proceedings on the grounds that…
Date: May 26, 2016
Docket Number: 15-1994
Justia Opinion Summary: Acting on “obviously nonpublic information” that a golfing buddy, McPhail, received from a corporate insider, Parigian made more than $200,000 trading in securities. A federal criminal securities fraud indictment alleged…
Date: May 23, 2016
Docket Numbers: 15-1446, 15-1447
Justia Opinion Summary: Fabry Disease, a rare genetic disorder, leaves afflicted persons unable to synthesize a key enzyme that helps the body break down fats. Untreated, Fabry patients suffer progressively more severe symptoms, including pain…
Date: May 23, 2016
Docket Number: 15-2174
Justia Opinion Summary: R.M. was a 12-year-old middle school student in Lexington, when several students pulled him to the ground and beat him, repeatedly kicking and punching him in the head and stomach. The beating was captured on a video.…
Date: May 19, 2016
Docket Number: 15-2003
Justia Opinion Summary: Tang began working at Citizens' Boston Commercial Real Estate Group in 2007. After applying for a position as a portfolio manager in the Technology Banking Group, Tang interviewed with Nackley in 2010, who had arranged…
Date: May 18, 2016
Docket Number: 14-1952
Justia Opinion Summary: The City of Boston and other Massachusetts communities and state employers, in selecting police officers for promotion to the position of sergeant in 2005 and 2008, adapted a test developed by a Massachusetts state…
Date: May 13, 2016
Docket Number: 14-2137
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and ammunition. The district court sentenced Defendant to a term of imprisonment of sixty months. Defendant appealed, arguing that the district court…
Date: May 13, 2016
Docket Number: 15-1574
Justia Opinion Summary: After a jury trial, Defendant was convicted of two weapons possession counts and witness tampering. Appealing from a federal district court, Defendant argued that the evidence was insufficient to support his convictions…
Date: May 12, 2016
Docket Numbers: 15-1802, 15-1809
Justia Opinion Summary: Michael McLaughlin, James Fitzpatrick, and Bernard Morosco, all of whom worked for a public agency responsible for providing low-income housing, were indicted for knowingly and unlawfully conspiring to defraud the United…
Date: May 12, 2016
Docket Numbers: 15-1808, 15-2080
Justia Opinion Summary: Two brothers were awarded a $2.79 billion judgment against the Republic of Cuba and other Cuban parties. The brothers subsequently sought to satisfy the federal judgment. The district court concluded that certain assets…
Date: May 11, 2016
Docket Number: 14-1193
Justia Opinion Summary: Petitioner, a native of St. Vincent and the Grenadines, overstayed her visa and was subjected to removal proceedings. Petitioner applied for special rule cancellation of removal for battered spouses, a relief provision…
Date: May 11, 2016
Docket Number: 15-1908
Justia Opinion Summary: The Massachusetts Delivery Association (MDA), a trade organization representing same-day delivery companies in Massachusetts, brought this suit on behalf of its members seeking a declaration that “Prong 2” of the…
Date: May 11, 2016
Docket Number: 15-2306
Justia Opinion Summary: Plaintiffs were property owners who privately leased units in Worcester, Massachusetts to students from the College of the Holy Cross. Plaintiffs brought suit alleging that the City of Worcester engaged in a scheme,…
Date: May 9, 2016
Docket Number: 14-2124
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to possession of ammunition by a felon. The district court sentenced Defendant to a 216-month incarcerative term followed by five years of supervised release. Defendant…
Date: May 9, 2016
Docket Numbers: 15-1466, 15-1533
Justia Opinion Summary: Maribel Quilez-Bonelli died from injuries she received in an automobile accident with a truck used by employees of the Municipality of San Juan. The truck had fitted onto its trash body an underride guard designed by Ox…
Date: May 9, 2016
Docket Number: 15-1520
Justia Opinion Summary: John Fanning founded Jerk LLC (Jerk) and Jerk.com in 2009. From 2009 to 2014, Jerk operated Jerk.com. In 2014, the Federal Trade Commission (Commission) filed an administrative complaint charging Jerk and Fanning with…
Date: May 9, 2016
Docket Number: 15-1633
Justia Opinion Summary: In 2009, an Immigration Judge (IJ) entered an order of removal of Petitioner, a native and citizen of the Dominican Republic. In 2012, Petitioner reentered the United States unlawfully. Thereafter, Petitioner was charged…
Date: May 6, 2016
Docket Number: 15-1216
Justia Opinion Summary: Defendant pleaded guilty to murder in the second degree in exchange for the mandatory sentence of life imprisonment with the possibility of parole. Defendant subsequently filed a motion to revise or revoke under Mass. R.…
Date: May 6, 2016
Docket Number: 15-1645
Justia Opinion Summary: This was Defendants’ fourth appeal from a lawsuit in which Plaintiff obtained a $23 million judgment based on an an indemnification clause in an agreement. Plaintiff sought to secure payment on that judgment by bringing…
Date: May 2, 2016
Docket Numbers: 14-2139, 15-1223
Justia Opinion Summary: When Carlo Gimenez Bianco (Gimenez) refused to remove his emotional support dog from his condominium unit in violation of the Castillo Condominium Association’s “no pets” bylaw, the Association forced Gimenez to vacate…
Date: May 2, 2016
Docket Number: 14-2148
Justia Opinion Summary: In 2011, Federal Home Loan Bank of Boston (Bank), a federally-chartered entity pursuant to 12 U.S.C. 1432(a), filed suit against multiple defendants, including Moody’s Corporation and Moody’s Investors Service, Inc.…
Date: May 2, 2016
Docket Number: 15-1031
Justia Opinion Summary: When he was arrested, Defendant confessed to allegations that he engaged in conduct sufficient to support convictions for the coercion and enticement of a minor and the sexual exploitation of a child. During a…
Date: May 2, 2016
Docket Number: 15-1320
Justia Opinion Summary: Plaintiffs purchased a piece of land with plans to develop the property. In response to the opposition Defendants’ mounted to Plaintiffs’ plan, Plaintiffs filed suit, alleging violations of their constitutional rights…
Date: May 2, 2016
Docket Numbers: 15-1419, 15-1577
Justia Opinion Summary: Trafon Group, Inc., a Puerto Rico-based wholesale food distributor, filed suit in the District of Puerto Rico alleging that Butterball LLC breached an exclusive distribution agreement in violation of Puerto Rico’s Law 75…
Date: May 2, 2016
Docket Number: 15-1954
Justia Opinion Summary: In 2013, CNE Direct, Inc., a Massachusetts corporation that buys and resells bulk technological components, reached an agreement with the now-defunct Asset Recovery Associates Worldwide, Ltd. to purchase phone parts…
Date: May 2, 2016
Docket Number: 15-1987
Justia Opinion Summary: TelTech Systems, Inc.’s SpoofCard service, a prepaid minutes-based calling service, enables customers to disguise the phone number from which they place calls. In 2009, a customer placed several phone calls to Appellant…
Date: April 29, 2016
Docket Number: 15-1719
Justia Opinion Summary: Gannett Satellite Information Network, Inc. is an international media company that produces news and entertainment programming through a proprietary mobile software application (the “App”). Plaintiff downloaded and…
Date: April 26, 2016
Docket Number: 14-2156
Justia Opinion Summary: Pursuant to a merger agreement, Sellers agreed to indemnity Buyer for the tax liabilities of the company being sold. The tax bills for indemnification purposes, however, were to be calculated as if certain deductions…
Date: April 26, 2016
Docket Number: 15-1640
Justia Opinion Summary: Defendants were business entities that organize physically challenging obstacle course events in locations throughout the United States. The four named Plaintiffs registered to participate in one of those events.…
Date: April 26, 2016
Docket Number: 15-1641
Justia Opinion Summary: Plaintiff brought a civil rights action against the City of Lawrence after being sexually assaulted by one of the City’s police officers. The City made a Fed. R. Civ. P. 68 offer of judgment that was silent as to whether…
Date: April 25, 2016
Docket Number: 13-2132
Justia Opinion Summary: Brian Milward and his wife sued, among other defendants, Rust-Oleum Corporation alleging that Defendants’ negligence caused Milward’s Acute Promyelocytic Leukemia. To succeed against Rust-Oleum, the Milwards had the…
Date: April 25, 2016
Docket Number: 13-2133
Justia Opinion Summary: After he was terminated from his employment Plaintiff sued his former employer and its parent company (collectively, Defendants) alleging violations of the Americans with Disabilities Act and its Massachusetts analog.…
Date: April 22, 2016
Docket Number: 14-1810
Justia Opinion Summary: Petitioner, a native and citizen of Colombia, sought to register permanent residence or adjust status. In support of his application, he submitted evidence, including a visa and Form I-94, that he was legally admitted to…
Date: April 22, 2016
Docket Number: 14-2042
Justia Opinion Summary: Petitioner, a native and citizen of Honduras who entered the United States illegally, conceded removability but requested cancellation of removal. An immigration judge held that Petitioner was not eligible for…
Date: April 22, 2016
Docket Number: 15-1233
Justia Opinion Summary: Pursuant to a plea agreement, Defendant was convicted of one count of conspiring to distribute cocaine and one count of possessing a firearm while being an unlawful user of a controlled substance. Defendant was sentenced…
Date: April 22, 2016
Docket Number: 15-1234
Justia Opinion Summary: Defendant entered a guilty plea to several criminal counts related to his role in a cocaine-smuggling venture. The district court calculated Defendant’s guidelines sentencing range (GSR) as 135-168 months and imposed a…
Date: April 20, 2016
Docket Number: 14-2150
Justia Opinion Summary: Defendant entered a conditional guilty plea to armed bank robbery and related firearm charges. Defendant appealed the denial of his motion to suppress evidence seized during a warrantless search of a residence by police.…
Date: April 20, 2016
Docket Number: 14-2304
Justia Opinion Summary: Plaintiff was shot and wounded in the vicinity of San Lorenzo, Puerto Rico, after one of several police vehicles closely approached him. Plaintiff plausibly alleged that he had been shot by a police officer. Plaintiff…
Date: April 19, 2016
Docket Number: 14-1976
Justia Opinion Summary: After a jury trial, Appellant was convicted of participating in a conspiracy to import five or more kilograms of cocaine into the customs territory of the United States arising from his role in a scheme to fly drug…
Date: April 19, 2016
Docket Number: 15-1220
Justia Opinion Summary: Utica Mutual Insurance Company (Utica) insured Herbert H. Landy Insurance Agency (Landy) under a professional liability insurance policy. The policy required Utica to defend Landy in lawsuits arising from Landy’s…
Date: April 13, 2016
Docket Numbers: 14-1270, 14-1803, 14-1823
Justia Opinion Summary: For aliens who have committed certain criminal or terrorist offenses, removal proceedings are mandatory under 8 U.S.C. 1226(c). Petitioner, a lawful permanent resident, committed such offenses. After being released from…
Date: April 13, 2016
Docket Number: 15-1045
Justia Opinion Summary: In 2007, Appellant was convicted of attempted gross sexual assault and solicitation of a child by computer. Thereafter, Appellant was convicted for failing to register as a sex offender. In 2012, Appellant pleaded guilty…
Date: April 13, 2016
Docket Number: 15-1303
Justia Opinion Summary: Darlene Ford, her husband James Ford, and their two adult sons were all sentenced to prison for running an illicit, indoor marijuana farm. Among other crimes, the government indicted Darlene for letting James use her…
Date: April 8, 2016
Docket Number: 14-1538
Justia Opinion Summary: After Enrique Ojeda-Morales (Ojeda) died, his widow and his sister (collectively, Plaintiffs) filed a negligence action against two doctors, including Dr. Jorge Rodriguez-Wilson (Dr. Rodriguez), and related medical…
Date: April 8, 2016
Docket Number: 14-1850
Justia Opinion Summary: Defendant pled guilty to violating the registration requirements of the Sex Offender Registration and Notification Act. The district court sentenced Defendant to thirty months in prison and five years of supervised…
Date: April 8, 2016
Docket Numbers: 14-1993, 15-2194
Justia Opinion Summary: After a jury trial, Defendant was convicted of thirteen counts - including wire fraud, conspiracy to commit wire fraud, and conspiracy to commit money laundering - for participating in a multi-million dollar investment…
Date: April 7, 2016
Docket Number: 16-1313
Justia Opinion Summary: Petitioners, a group of individuals and advocacy groups, filed a petition challenging the constitutionality of Article 68 of the Civil Code of Puerto Rico and other laws of the Commonwealth that prohibit same-sex couples…
Date: April 4, 2016
Docket Number: 15-1571
Justia Opinion Summary: Flovac, Inc. and Airvac, Inc. both fabricate vacuum sewer systems. Flovac filed suit against Airvac seeking relief under both federal and Puerto Rico antitrust laws and alleging that Airvac’s conduct in marketing its…
Date: April 1, 2016
Docket Numbers: 13-1450, 15-1254
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to possess with intent to distribute controlled substances within 1,000 feet of property comprising a school, public housing project, and/or playground. The district court sentenced…
Date: April 1, 2016
Docket Number: 14-1530
Justia Opinion Summary: Defendant pleaded guilty to carjacking and carrying a firearm during and in relation to a crime of violence. The district court imposed a total sentence of 360 months’ imprisonment. The First Circuit affirmed, holding…
Date: April 1, 2016
Docket Number: 15-1247
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to one count of being a felon in possession of a firearm. In keeping with the plea agreement, both parties recommended that the district court impose a low-end…
Date: March 30, 2016
Docket Number: 14-2120
Justia Opinion Summary: After a jury trial in federal district court, Defendant was convicted of sex trafficking and transporting minors to engage in prostitution. The First Circuit affirmed, holding (1) Defendant’s argument that the indictment…
Date: March 30, 2016
Docket Numbers: 15-1259, 15-1404
Justia Opinion Summary: Plaintiff filed a discrimination and retaliation suit against his Employer, alleging illegal harassment, discrimination and retaliation. Employer filed a motion for summary judgment, arguing that it did not employ the…
Date: March 30, 2016
Docket Number: 15-1369
Justia Opinion Summary: Pursuant to a plea agreement, Defendant, a police officer with the Puerto Rico Police Department, pleaded guilty to making a false declaration to a federal grand jury. In the plea agreement, the parties jointly…
Date: March 30, 2016
Docket Number: 15-1817
Date: March 30, 2016
Docket Number: 15-1822
Date: March 29, 2016
Docket Number: 13-1496
Justia Opinion Summary: Petitioner was convicted of conspiring to smuggle narcotics into the United States. Petitioner filed a petition for post-conviction relief under 28 U.S.C. 2255 claiming that his trial counsel provided ineffective…
Date: March 29, 2016
Docket Number: 15-1188
Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. Defendant appealed, challenging the…
Date: March 25, 2016
Docket Number: 14-2340
Justia Opinion Summary: Appellant filed for Chapter 13 bankruptcy protection, and the bankruptcy court set July 19, 2012 as the deadline for creditors to file unsecured claims. The case was dismissed on June 13, 2012 and reinstated on August 1,…
Date: March 25, 2016
Docket Numbers: 15-1324, 15-1325
Justia Opinion Summary: Defendant pleaded guilty to two conspiracies - conspiracy to possess with intent to distribute controlled substances within 1,000 feet of public housing and conspiracy to import controlled substances from the Dominican…
Date: March 25, 2016
Docket Number: 15-1448
Justia Opinion Summary: Plaintiff was allegedly raped and assaulted by an officer of the Fall River Police Department. Plaintiff filed federal civil rights and state law negligence claims against the City of Fall River, Massachusetts, and…
Date: March 25, 2016
Docket Numbers: 15-1503, 15-1529
Justia Opinion Summary: Father, a Florida resident, filed this diversity suit against Daughter, a Massachusetts resident, in the District of Massachusetts, alleging that Daughter, to whom he had given a power of attorney, breached her fiduciary…
Date: March 23, 2016
Docket Number: 14-1927
Justia Opinion Summary: During 1997, Appellant was prescribed Pondimin, a weight loss drug developed and sold by Wyeth and its subsidiaries and other affiliates (collectively, Wyeth). Appellant later filed suit against Wyeth, alleging that…
Date: March 23, 2016
Docket Number: 15-1107
Justia Opinion Summary: Defendant entered a conditional guilty plea to being a felon in possession of a firearm, reserving his right to appeal the denial of his motion to suppress. Defendant appealed, arguing that the trial court erred in…
Date: March 23, 2016
Docket Number: 15-1405
Justia Opinion Summary: Appellant was found to be in violation of the conditions of his supervised release. The guideline sentencing range for this offense was six to twelve months, but the district court sentenced Appellant to a sixty-month…
Date: March 16, 2016
Docket Number: 15-1293
Justia Opinion Summary: After a jury trial, Appellant was convicted of multiple crimes arising from his roles as the supplier to, part-owner of, and lessor of a drug-distribution network. The First Circuit reduced Appellant’s convictions to…
Date: March 14, 2016
Docket Number: 14-2323
Justia Opinion Summary: In a criminal prosecution in a New York district court, a federal grand jury indicted Appellant on drug-trafficking and money laundering charges. Appellant pleaded guilty to money laundering violations. The government,…
Date: March 14, 2016
Docket Number: 15-1273
Justia Opinion Summary: Appellant participated in Shell Chemical Yabucoa, Inc.’s employee welfare benefit plan, which Shell provided through a group insurance policy issued by Metropolitan Life Insurance Company (MetLife). On November 23, 2008,…
Date: March 14, 2016
Docket Number: 15-1724
Justia Opinion Summary: Plaintiffs - all minors at the relevant times - were all trafficked through advertisements posted on Backpage.com. Plaintiffs filed suit against Backpage, alleging that Backpage tailored its website to facilitate sex…
Date: March 9, 2016
Docket Number: 14-2242
Justia Opinion Summary: Defendant, an employee with the Massachusetts Registry of Motor Vehicles (RMV), was convicted of two counts of mail fraud and one count of conspiracy to interfere with interstate commerce by threats or violence. The…
Date: March 9, 2016
Docket Number: 15-1739
Justia Opinion Summary: After a trial in 2003, Petitioner was convicted of rape in a Massachusetts state court. The Supreme Judicial Court (SJC) affirmed. In 2008, Petitioner sought a new trial claiming that his counsel on appeal had been…
Date: March 4, 2016
Docket Number: 13-2447
Justia Opinion Summary: After a jury trial, fugitive James “Whitey” Bulger, the former head of an organized crime syndicate in Boston, was found guilty of racketeering, the murder of eleven individuals, multiple instances of extortion and money…
Date: March 4, 2016
Docket Number: 15-1467
Justia Opinion Summary: Lopez & Medina Corp. (L&M) filed a lawsuit against several insurers for Patriot Air, LLC, alleging that the insurers were liable for L&M’s breach of contract claims against Patriot Air. The district court dismissed L&M’s…
Date: March 4, 2016
Docket Number: 15-1685
Justia Opinion Summary: In 1994, Petitioner crossed the U.S.-Mexican border in violation of United States law. The day after he entered the country, Petitioner was served an Order to Show Cause charging him as being deportable. An Immigration…
Date: March 3, 2016
Docket Number: 14-1066
Justia Opinion Summary: After a jury trial, Defendant was convicted of being a felon in possession of a firearm. The district court sentenced Defendant to seventy-four months of imprisonment. Defendant appealed, challenging primarily the denial…
Date: March 3, 2016
Docket Number: 14-2003
Justia Opinion Summary: As part of an investigation into the 2008 tax liability of Defendant and his wife, the IRS served a summons on Defendant requiring him to appear for an interview and to produce banking and financial records. Defendant…
Date: March 3, 2016
Docket Number: 15-1327
Justia Opinion Summary: Plaintiff sued the Commonwealth of Puerto Rico and three other Puerto Rico governmental entities under Title II of the Americans with Disabilities Act, alleging that, in ordering her committed to a psychiatric hospital,…
Date: March 2, 2016
Docket Number: 14-1794
Justia Opinion Summary: After a jury trial, Defendant was convicted of fifty-eight criminal counts arising from her participation in a Medicare fraud scheme. Defendant appealed, alleging several procedural defects in the proceedings below and…
Date: March 2, 2016
Docket Number: 15-1174
Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to commit securities fraud and several counts of mail and wire fraud. The district court sentenced Defendant to a thirty-month term of immurement for the fraud…
Date: March 2, 2016
Docket Number: 15-1543
Justia Opinion Summary: While working for Wal-Mart Stores East, L.P., Plaintiff claimed a disability arising from her “pregnancy status.” Plaintiff, however, claimed she could perform the essential functions of her job with a reasonable…
Date: February 25, 2016
Docket Numbers: 13-1531, 13-1665, 13-1705, 13-1714
Justia Opinion Summary: In 2004, five structural steel contractors filed a complaint against a local union - Labor Union No. 7 of the International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers - alleging labor law…
Date: February 25, 2016
Docket Number: 14-1738
Justia Opinion Summary: Appellant pleaded guilty to one count of possession of child pornography. Appellant was sentenced to ten years’ imprisonment followed by fifteen years of supervised release. The terms of Appellant’s supervised release…
Date: February 25, 2016
Docket Number: 15-1258
Justia Opinion Summary: Petitioner, a native and citizen of Pakistan, was ordered removed in 2002. After Petitioner unsuccessfully appealed his removal to the Board of Immigration Appeals (BIA), Petitioner filed a motion to reconsider, which…
Date: February 24, 2016
Docket Number: 15-1340
Justia Opinion Summary: Steven Fustolo’s affiliate companies issued four promissory notes to Patton Drive, LLC. Fustolo personally guaranteed two of the notes. When the principal debtors defaulted on all four notes, Patton drive sued Fustolo.…
Date: February 24, 2016
Docket Number: 15-1752
Justia Opinion Summary: Elena Granada-Rubio and two of her sons illegally entered the United States. Granada-Rubio applied for asylum for herself and her two sons, as well as withholding of removal and protection under the Convention Against…
Date: February 24, 2016
Docket Number: 15-1789
Justia Opinion Summary: Petitioner, a native and citizen of China, entered the United States without inspection. Petitioner was issued a notice to appear and conceded removability but sought asylum, withholding of removal, and protection under…
Date: February 22, 2016
Docket Numbers: 14-2071, 15-1250
Justia Opinion Summary: Warner Chilcott, a brand-name drug manufacturer that owns the patent covering Loestrin 24 Fe, and Watson Pharmaceuticals, Inc., which sought to introduce a generic version of Loestrin 24, entered into a settlement…
Date: February 22, 2016
Docket Number: 15-1214
Justia Opinion Summary: Plaintiffs, individuals who contracted with FedEx to provide pick-up and delivery services, filed a complaint claiming that FedEx should have treated and paid them as employees rather than as independent contractors…
Date: February 18, 2016
Docket Number: 13-1934
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to import a hundred grams or more of heroin. At the time, Defendant had pending criminal charges in the Northern District of Georgia. The district court in Puerto Rico sentenced…
Date: February 18, 2016
Docket Number: 15-1224
Justia Opinion Summary: This three-way dispute between Link Development, LLC (Link), BD Lending Trust (BD), and RFF Family Partnership LP (RFF) stemmed from an unauthorized conveyance of a mortgage to BD on commercial property in Massachusetts,…
Date: February 18, 2016
Docket Number: 15-1334
Justia Opinion Summary: Defendant was indicted for failure to register as a sex offender. Defendant filed a motion to dismiss the indictment, claiming that Sex Offender Registration and Notification Act was unconstitutional (the SORNA motion).…
Date: February 17, 2016
Docket Number: 15-1434
Justia Opinion Summary: GlaxoSmithKline (GSK) fired Blair Hamrick after Hamrick told two Human Resources managers and several co-workers that he wanted to shoot some co-workers. Hamrick alleged that GSK had fired him in retaliation for…
Date: February 17, 2016
Docket Number: 15-1531
Justia Opinion Summary: This benefits-denial case related to some charges incurred during M.G.’s stay at a residential/educational mental healthcare facility. Stephanie C., individually and on behalf of M.G., her minor son, brought this action…
Date: February 12, 2016
Docket Number: 14-1535
Justia Opinion Summary: Defendant was arrested for driving under the influence. Shortly after he was brought by Puerto Rico Police Department officers to the police station, he died in a holding cell. Defendant’s family members and estate filed…
Date: February 12, 2016
Docket Number: 15-1199
Justia Opinion Summary: Plaintiff was employed by Defendants as a store manager from 2009 through 2013. Defendant filed this suit challenging his compensation arrangement under the Fair Labor Standards Act (FLSA) and the Massachusetts Minimum…
Date: February 10, 2016
Docket Number: 13-2275
Justia Opinion Summary: Defendant pleaded guilty to aiding and abetting murder and aiding and abetting in the carrying and use of a firearm during and in relation to a crime of violence causing death. The district court imposed a high-end…
Date: February 10, 2016
Docket Number: 14-1030
Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of possession with intent to distribute a controlled substance within one thousand feet of a school and one count of conspiracy to do the same. Defendant later…
Date: February 10, 2016
Docket Number: 15-1052
Justia Opinion Summary: The Town of Portsmouth, Rhode Island filed claims against various federal and state transportation agencies and officers in federal district court challenging tolls collected on the Sakonnet River Bridge. The Town…
Date: February 10, 2016
Docket Number: 15-1108
Justia Opinion Summary: After a jury trial, Defendant was convicted of smuggling narwhal tusks into the United States, conspiracy to illegally import narwhal tusks into the United States, money laundering, and conspiracy to commit money…
Date: February 10, 2016
Docket Number: 15-1266
Justia Opinion Summary: In 1996, Petitioner, a citizen and native of the Dominican Republic, obtained permanent resident status after marrying an American citizen. In 2008, Petitioner and his wife divorced. In 2011, Petitioner was served with a…
Date: February 10, 2016
Docket Number: 15-1397
Justia Opinion Summary: Redondo Construction Corporation filed for Chapter 11 bankruptcy. Through the proceedings, Redondo filed three complaints against the Puerto Rico Highway and Transportation Authority for money owed under construction…
Date: February 5, 2016
Docket Number: 14-1174
Justia Opinion Summary: Defendant was convicted of possession of child pornography. Defendant appealed, arguing that the district court erred in refusing to suppress evidence that had been gathered in a police search of his home and computer.…
Date: February 5, 2016
Docket Number: 14-2183
Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiring to possess and aiding and abetting to possess with intent to distribute five kilos or more of cocaine. Defendant was sentenced to 240 months in prison and ten…
Date: February 5, 2016
Docket Number: 15-1141
Justia Opinion Summary: Eurie Stamps, Sr., an innocent, elderly, African-American man, was shot by Paul Duncan, a local police officer, during a SWAT team raid executing a search warrant for drugs and drug-related paraphernalia belonging to two…
Date: February 5, 2016
Docket Number: 15-1433
Justia Opinion Summary: Appellants in this case were family child care providers who were considered public employees for purposes of the statute authorizing employees in public service to organize for collective bargaining. A majority of the…
Date: February 5, 2016
Docket Number: 15-1522
Justia Opinion Summary: Appellant was civilly committed as a sexually dangerous person. When a forensic psychologist concluded that Appellant was no longer sexually dangerous, Appellant moved for a hearing to determine whether he satisfied the…
Date: February 1, 2016
Docket Number: 14-2110
Justia Opinion Summary: After a jury trial, Defendant was convicted of the first-degree murder of his wife. The Massachusetts Supreme Judicial Court (SJC) affirmed. Thereafter, Defendant filed a petition for a writ of habeas corpus in federal…
Date: February 1, 2016
Docket Numbers: 15-1356, 15-1722
Justia Opinion Summary: In 2012, Plaintiffs brought this action arguing that they were unlawfully removed from the Commonwealth’s active voter registry for having failed to vote in the 2008 election for Resident Commissioner. On interlocutory…
Date: January 29, 2016
Docket Number: 13-1772
Justia Opinion Summary: After Plaintiff was terminated from her employment with Puerto Rico’s Vocational Rehabilitation Administration, she filed a federal-court suit alleging that Defendants discriminated against her because of her disability,…
Date: January 29, 2016
Docket Number: 14-1712
Justia Opinion Summary: Defendant was the mastermind of a Ponzi scheme that defrauded more than 230 investors out of over $22 million. Defendant pled guilty to bank fraud and to conspiracy to commit wire fraud. The district court sentenced…
Date: January 29, 2016
Docket Numbers: 14-2173, 14-2224
Justia Opinion Summary: The Commodity Futures Trading Commission (CFTC) filed this commodity trading fraud action against John B. Wilson and JBW Capital LLC, alleging that Defendants were liable under the Commodity Exchange Act for failing to…
Date: January 29, 2016
Docket Number: 14-2179
Justia Opinion Summary: Richard Schiffmann and Stephen Cummings were officers of ICOA, Inc. (ICOA), a corporation that struggled to stay current on federal trust fund tax - or payroll tax - obligations. After Schiffmann and Cummings were fired,…
Date: January 29, 2016
Docket Number: 14-2207
Justia Opinion Summary: Defendant pleaded guilty to one count of conspiracy to possess with intent to distribute narcotics. Defendant was sentenced to seventy months in prison and eight years of supervised release. While Defendant was on…
Date: January 29, 2016
Docket Number: 15-1177
Justia Opinion Summary: M&K Engineering, Inc. filed an I-140 Immigration Petition for Alien Worker for its employee. The United States Citizenship and Immigration Services (USCIS) initially approved the visa petition. The Director of the USCIS…
Date: January 28, 2016
Docket Number: 14-1926
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder, armed assault with intent to murder, assault and battery with a dangerous weapon, and the unlicensed possession of a firearm. The Supreme Judicial Court…
Date: January 27, 2016
Docket Number: 14-1648
Justia Opinion Summary: Defendant pleaded guilty to illegal possession of a machine gun. The presentence report calculated Defendant’s Guidelines range as twenty-seven to thirty-three months’ imprisonment. After a sentencing hearing, the…
Date: January 27, 2016
Docket Number: 14-1733
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to two counts of conspiracy to possess and aiding and abetting the possession of cocaine on a vessel subject to the jurisdiction of the United States, in violation of Maritime Drug…
Date: January 27, 2016
Docket Numbers: 14-2335, 14-2337
Justia Opinion Summary: Defendant was convicted in a federal court of being a felon in possession of a firearm and criminal contempt. Only a few years after his supervised release started, Defendant was arrested for theft and admitted to…
Date: January 27, 2016
Docket Number: 15-1239
Justia Opinion Summary: Relator, an employee of the University of Massachusetts Medical School (UMMS), sued UMMS alleging violations of the False Claims Act (FCA) and its Massachusetts counterpart. The district court dismissed Relator’s FCA…
Date: January 27, 2016
Docket Number: 15-1384
Justia Opinion Summary: Plaintiff sued the City of Waltham, Massachusetts and several of its officials alleging that Defendants conspired to deprive Plaintiff of his federal constitutional rights and alleging various violations of Massachusetts…
Date: January 27, 2016
Docket Number: 15-1509
Justia Opinion Summary: A Corp., a Massachusetts plumbing corporation and franchisor, brought a trademark infringement action against All American Plumbing, Inc., an Arizona corporation with its principal place of business in Arizona, alleging…
Date: January 25, 2016
Docket Number: 14-1047
Justia Opinion Summary: Angela Rivera-Carrasquillo was injured when she was thrown from a horse during a guided ride she took at a ranch outside San Juan, Puerto Rico. Rivera and her husband filed a personal injury action in the federal…
Date: January 25, 2016
Docket Number: 14-2172
Justia Opinion Summary: Plaintiff filed this action alleging that she was stripped of various job duties and eventually terminated from her job at the Puerto Rico Highway and Transportation Authority due to her affiliation with the Popular…
Date: January 22, 2016
Docket Number: 14-1216
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to illegally possessing a firearm and ammunition. The district judge sentenced Defendant to 108 months’ imprisonment, determining that Defendant should be sentenced…
Date: January 22, 2016
Docket Number: 15-1292
Justia Opinion Summary: Defendant was convicted of possession with intent to distribute cocaine base. Prior to trial, Defendant moved unsuccessfully to suppress evidence found in the car in which Defendant was riding before he was arrested.…
Date: January 22, 2016
Docket Number: 15-1424
Justia Opinion Summary: Article 3 of Puerto Rico’s Law No. 80 requires companies that operate in Puerto Rico to pay a “mesada” - or a statutory severance - to employees who are terminated without “just cause.” Specifically, if the employer…
Date: January 20, 2016
Docket Number: 14-1325
Justia Opinion Summary: After a jury trial, Defendant was convicted of mail fraud. At the sentencing hearing, the district court ordered Defendant to pay restitution to his victims in an amount of over $2 million. Defendant appealed,…
Date: January 20, 2016
Docket Number: 14-2068
Justia Opinion Summary: After a jury trial, Defendant was convicted of aiding and abetting a convicted felon in possession of a firearm. Defendant appealed, arguing that the district court erred in denying his motion for acquittal.…
Date: January 20, 2016
Docket Number: 15-9005
Justia Opinion Summary: Debtor filed a chapter 7 bankruptcy petition seeking to discharge nearly $3,500,000 in unsecured debt. The bankruptcy court denied Debtor a discharge, concluding that Debtor had not satisfactorily explained the…
Date: January 13, 2016
Docket Number: 14-1751
Justia Opinion Summary: Petitioner, a native and citizen of Honduras, was issued a notice to appear. Petitioner conceded removability and sought withholding of removal based on race, nationality, and membership in a particular social group. As…
Date: January 13, 2016
Docket Number: 14-1953
Justia Opinion Summary: After a jury trial in a Massachusetts court, Appellant was convicted of murder in the first degree and other crimes. On appeal to the Massachusetts Supreme Judicial Court (SJC), Appellant, who is African-American, argued…
Date: January 13, 2016
Docket Number: 14-1988
Justia Opinion Summary: Appellant, a social worker, worked for Appellee for several months. Appellant was fired for allegedly “creating disharmony in the workplace.” Appellant filed suit, alleging that Appellee illegally retaliated against her…
Date: January 13, 2016
Docket Number: 15-1270
Justia Opinion Summary: Sharel Giroux executed a promissory note secured by a mortgage on her home. The mortgage and note were assigned to Federal National Mortgage Association (Fannie Mae). Giroux filed suit in a New Hampshire state court…
Date: January 13, 2016
Docket Number: 15-1330
Justia Opinion Summary: Copia Communications, LLC, a Massachusetts company, brought this action in federal district court in Massachusetts against Seawind Key Investments, Limited, a Jamaican resort operator, and Seawind’s alleged alter-ego,…
Date: January 8, 2016
Docket Number: 14-1402
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to conspiracy to distribute a controlled substance and aiding and abetting possession of a firearm in furtherance of a drug crime. The parties agreed to a total…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.