Justia U.S. 1st Circuit Court of Appeals Opinion Summaries

Articles Posted in October, 2013
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Appellant was a bondholder who acquired German Agra Bonds issued in 1928. Under a 1953 treaty, the courts of the United States could be used for enforcement of Agra Bonds only under certain conditions, requiring prior use of enumerated validation procedures pursuant to several post-World War II international treaties. Appellant filed suit in federal court against several German banks seeking payment on the bonds. However, the bonds were not validated. The federal court dismissed the suit for failure to meet the conditions. The First Circuit Court of Appeals affirmed, holding (1) under the 1953 treaty, the Agra Bonds are enforceable in U.S. courts only if they have been validated; and (2) because Appellant's bonds were not validated, they were unenforceable in U.S. courts. View "Fulwood v. Fed. Republic of Germany" on Justia Law

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After removal proceedings were instituted against Petitioner, a native and citizen of Ecuador, Petitioner conceded his removability but applied for withholding of removal and for protection under the Convention Against Torture. In support, Petitioner claimed his unfavorable financial prospects in Ecuador made him fearful of returning against his native country. The immigration judge (IJ) denied relief, and the Board of Immigration Appeals (BIA) affirmed. Petitioner subsequently filed a motion to reopen, which the BIA denied. Petitioner filed a motion requesting that the BIA reconsider its decision rejecting his claim of persecution as well as a second motion to reopen, alleging ineffective assistance of his prior counsel. The BIA denied both motions. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not abuse its discretion in (1) denying Petitioner's motion for reconsideration where the BIA correctly found that Petitioner did not allege grounds for withholding of removal. and (2) denying Petitioner's second motion to reopen because Petitioner did not carry his burden of demonstrating ineffective assistance of counsel. View "Muyubisnay-Cungachi v. Holder" on Justia Law

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Petitioner, a Guatemalan national, applied for withholding of removal and protection under the United Nations Convention Against Torture after the Department of Homeland Security (DHS) commenced removal proceedings against him. Because the DHS had also initiated removal proceedings against Petitioner's cousin, who also applied for similar relief, the two sets of proceedings were consolidated. After a hearing, the immigration judge (IJ) denied the cousins' applications, grounding her decision on a determination that neither man had testified credibly. The Board of Immigration Appeals (BIA) affirmed the orders of removal. The First Circuit Court of Appeals denied Petitioner's petition for review, holding (1) the Court had jurisdiction to consider Petitioner's issues even though it was Petitioner's cousin who raised them before the BIA; (2) the IJ's adverse credibility determination was correctly upheld because it was adequately tied to substantial evidence in the record; and (3) the IJ's denial of Petitioner's mid-trial request for a continuance was not an abuse of discretion. View "Mazariegos-Paiz v. Holder" on Justia Law

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Plaintiff filed suit against Kmart Corporation and Sears Holdings Corporation (collectively, Kmart), bringing a federal claim of racial discrimination under 42 U.S.C. 1981 and a pendent state law claim of negligent infliction of emotional distress. Plaintiff, an African-American woman, alleged that a white Kmart sales clerk insulted her with racial slurs and comments while she was placing items on hold in a layaway transaction. The district court dismissed the federal claim for failure to state a claim under section 1981 and dismissed without prejudice the state law claim. Plaintiff appealed the dismissal of her section 1981 claim. The First Circuit Court of Appeals affirmed, holding that Plaintiff failed to make out a section 1981 claim where her only allegation of harm she suffered was from the sales clerk's utterances, and nothing more. View "Hammond v. Kmart Corp." on Justia Law

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Petitioner was convicted in Massachusetts Superior Court of first degree murder by reason of extreme atrocity or cruelty. Defendant filed a motion for a new trial, alleging ineffective assistance of counsel, and requested an evidentiary hearing on his claim. The superior court denied the motion for a new trial without holding an evidentiary hearing. The Massachusetts Supreme Judicial Court affirmed. Petitioner subsequently field a petition for writ of habeas corpus in the U.S. district court, reiterating his ineffective assistance claims and arguing that that Massachusetts court's denial of his request for an evidentiary hearing on these claims violated his due process rights. The district court dismissed the petition, concluding that the state court record was sufficient to resolve the case. The First Circuit Court of Appeals affirmed because Petitioner's claim was adjudicated on the merits by the Supreme Judicial Court, and Petitioner failed to raise a substantial issue that might require an evidentiary hearing. View "Garuti v. Roden" on Justia Law

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Plaintiff, a school, was sued by two of the school's donors who sought a return of a monetary gift to the school, claiming that the gift had been induced by misrepresentations. The case settled, and Plaintiff sought defense costs and indemnity under a directors and officers liability insurance policy issued by Defendant. The district court granted summary judgment for Defendant based on a provision in the policy excluding from coverage any losses involving any matter disclosed in connection with "Note 8" of the school's financial statement. Note 8 set forth a description of the gift. Plaintiff appealed. The First Circuit Court of Appeals affirmed, holding that because the language of the policy clearly excluded coverage "in any way involving" the disputed gift, Plaintiff had no reasonable expectation of coverage. View "Clark Sch. for Creative Learning, Inc. v. Philadelphia Indem. Ins. Co." on Justia Law

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Petitioners, natives and citizens of Albania, entered the U.S. in 2001 but ultimately overstayed their visas. Conceding their removability, Petitioners filed applications for asylum, withholding of removal, and protection under the Convention Against Torture, contending that if they went back to Albania, they would become a target as a result of their political beliefs and activities. The Immigration Judge (IJ) denied Petitioners' requests. The Board of Immigration Appeals (BIA) affirmed. The First Circuit Court of Appeals affirmed the BIA and the IJ's denial of the asylum claim, holding that the denial was supported by substantial evidence in the record, including evidence of a fundamental change in Albania such that Petitioners did not have a well-founded fear of future persecution. As Petitioners failed to show they were eligible for asylum, they were similarly ineligible for withholding of removal and protection under CAT. View "Vasili v. Holder" on Justia Law

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Plaintiffs, minors who were born with permanent brachial plexus injuries, sued through their mothers and next friends, alleging separately that their injuries were caused by the application of excessive traction during delivery. At both trials, the defense introduced into evidence a case report that purported to document an instance of brachial plexus injury occurring in a delivery. Plaintiffs lost their medical malpractice cases and subsequently sued the authors of the report, the journal in which it was published, and the publisher, contending that the report was false and that Defendants engaged in fraudulent conduct in publishing the report. The district court dismissed the complaint for failure to state a claim upon which relief could be granted. The First Circuit Court of Appeals affirmed, holding that, because the causation allegation was wholly speculative, Plaintiffs' claim did not reach the plateau of plausibility that is the "new normal in federal civil procedure." View "A.G. v. Elsevier, Inc." on Justia Law

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Robert Smith, a schizophrenic trash collector, was induced into acting as a straw buyer for two overvalued residential properties in Massachusetts. Smith sued various entities and individuals involved in the transactions. After a jury trial, the jury returned a verdict largely favorable to Smith on his claims of fraud and breach of fiduciary duty. The district court doubled and trebled certain damages pursuant to the Massachusetts Consumer Protection Statute, Mass. Gen. Laws ch. 93A. Two defendants, a real estate brokerage firm (Century 21) and a mortgage broker (NEMCO), appealed. Smith cross-appealed the dismissal of several of his claims. The First Circuit Court of Appeals (1) vacated the damage award against Century 21 and remanded for a new trial on damages; (2) reversed the judgment against NEMCO on Smith's common-law claims; (3) vacated the judgment against NEMCO on Smith's Chapter 93A claim and remanded for a determination on the merits; (4) vacated the judgment in favor of another defendant and remanded; and (5) reversed the dismissal of Smith's Chapter 93A claim against yet another defendant and remanded for a determination of the claim on the merits. View "Smith v. Jenkins" on Justia Law

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Plaintiff, the Chairman of the Trustees of the Rhode Island Bricklayers Benefits Funds (the Funds), sued Union Stone Inc., alleging that Union Stone had failed to pay the full amount of fringe benefit contributions due for work performed in Massachusetts and Connecticut by members of the International Union of Bricklayers and Allied Craftworkers pursuant to a collective bargaining agreement. After a trial, the district court entered judgment in favor of the Funds, awarding the unpaid contributions, interest, and attorneys' fees. The First Circuit Court of Appeals affirmed, holding that the district court did not err in (1) refusing to enforce a purported settlement agreement between the parties; (2) admitting certain evidence on the ground that it was tainted by violations of the discovery rules; (3) declined to impose sanctions; and (4) awarding interest and attorneys' fees. View "Enos v. Union Stone, Inc." on Justia Law