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

Petitioner sought review of an administrative determination sustained by the Securities and Exchange Commission (SEC) that Petitioner mismanaged various brokerage accounts under his supervision. The original determination including sanctions was made by the Financial Industry Regulatory Authority (FINRA). The First Circuit Court of Appeals affirmed, holding, inter alia, (1) FINRA gave Petitioner the substance of due process as required by statute; (2) FINRA and the SEC did not err in finding that investments Petitioner made were unsuitable even though the investments ultimately turned a profit; (3) the findings against Petitioner were well supported; and (4) although one of the exhibits offered against Petitioner had errors, the exhibit's exclusion cured any potential error in the analysis. View "Cody v. SEC" on Justia Law

On January 4, 2010, an immigration judge (IJ) denied Petitioner's application for asylum, withholding of removal, and withholding under the Convention Against Torture. The board of immigration appeals (BIA) affirmed this denial on September 8, 2011. Petitioner petitioned for review of the BIA's decision. The First Circuit Court of Appeals denied the petition, holding that the IJ and BIA did not err by (1) concluding that Petitioner's past treatment on Ukraine did not rise to the level of persecution; and (2) concluding that Petitioner had failed to establish the requisite objective basis that a reasonable person in her circumstances would fear persecution. View "Rebenko v. Holder" on Justia Law

Employee was terminated from his job at a Walgreens store in Puerto Rico after a two-week absence from his job due to a medical condition. Following his termination, Employee and his wife (Wife) sued Walgreens, alleging that Employee was fired in retaliation for conduct protected by the Family Medical Leave Act (FMLA), that his termination was wrongful under Puerto Rico law, and that the loss of Employee's job caused Wife to suffer compensable emotional distress. The district court granted summary judgment for Walgreens on Wife's claim and the plaintiffs voluntarily dismissed the other Puerto Rico law claim. The FMLA claim went to trial, and a jury found in Employee's favor, awarding compensatory damages. The First Circuit Court of Appeals affirmed the judgment of the district court in all respects, save its rejection of Wife's Puerto Rico law claim. Because the claim presented an important and unresolved issue of Puerto Rico law that the Court declined to address in the first instance, the Court certified the question to the Supreme Court of Puerto Rico and reserved judgment on this particular issue pending its response. View "Pagan-Colon v. Walgreens of San Patricio, Inc." on Justia Law

Plaintiffs purchased a flood insurance policy from Appellee, American Bankers Insurance Company of Florida. Their policy was issued pursuant to a federal program under which private insurers issue and administer standardized flood insurance policies (WYO companies), and all claims are paid by the government. After a flood damaged their home in Rhode Island, including the contents of their basement, Plaintiffs sought compensation. American Bankers disallowed much of the amount claimed, asserting that the contents of Plaintiffs' basement were not covered by their policy. Plaintiffs subsequently brought suit in federal court, arguing that the Declarations Page of their policy created an ambiguity as to the scope of coverage and that, under federal common law and general insurance law principles, this ambiguity should be resolved in their favor. The district court entered summary judgment in favor of American Bankers. The First Circuit Court of Appeals affirmed, holding that Plaintiffs' claim was not remotely a claim on which a WYO company may be required to pay damages. View "McGair v. Am. Bankers Ins. Co. of Fla." on Justia Law

in this trade secret misappropriation and breach of contract case, defendant Chance Mold Steel Co. (Chance) appealed from a permanent injunction and from a jury award of damages. The injunction, based on a finding of contract breach, prohibited Chance from selling, displaying, manufacturing, or assisting others in manufacturing a number of ergonomic computer mouse products. The injunction barred sale of specific products that were materially identical to products Chance had previously manufactured for Contour Design, Inc. (Contour) and a new product known as the ErgoRoller. Chance challenged the scope of the injunction and contended that the jury improperly awarded lost profits damages. The First Circuit Court of Appeals (1) reversed the injunction as applied to the ErgoRoller, holding that the record did not support the finding that Chance breached the contract in producing the ErgoRoller; (2) affirmed the scope of the injunction as applied to the other enjoined products; and (3) affirmed the damages award. View "Contour Design, Inc. v. Chance Mold Steel Co., Ltd." on Justia Law