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

The First Circuit affirmed the district court's entry of summary judgment in favor of BB&S Acquisition Corp. in this case brought by the personal representative of the estate of George Forbes, who was killed in an accident allegedly caused by Wiley Hooks, holding that the district court did not err.Before the accident, Hooks, the employee of Gregory Trucking, had delivered lumber to BB&S, which contracted with Gregory Trucking to transport a separate load of its treated lumber. After Hooks completed Gregory Trucking's contractual obligation to BB&S, Gregory Trucking hit a pick-up truck driven by George Forbes. Plaintiff brought this suit alleging that BB&S had negligently selected Gregory Trucking as an independent contractor to transport its lumber and that BB&S was the "statutory employer" of Hooks under 49 C.F.R. 390.5. The district court granted summary judgment for BB&S. The First Circuit affirmed, holding that the district court did not err in (1) concluding that BB&S could not be liable under Massachusetts common law for the actions of an independent contractor that occurred after the completion of the job; and (2) concluding that BB&S was not the "statutory employer" of Hooks. View "Forbes v. BB&S Acquisition Corp." on Justia Law

The First Circuit affirmed in part and vacated in part the declaratory judgment and permanent injunction issued by the district court in this class action challenging the bond procedures used to detain noncitizen during the pendency of removal proceedings under 8 U.S.C. 1226(a), the discretionary immigration detention provision, holding that the district court lacked jurisdiction to issue injunctive relief in favor of the class.Specifically, the First Circuit held (1) the district court did not err in declaring that noncitizens "detained pursuant to 8 U.S.C. 1226(a) are entitled to receive a bond hearing at which the government must prove the alien is either dangerous by clear and convincing evidence or a risk of flight by a preponderance of the evidence"; (2) the classwide injunction in this case unlawfully enjoined or restrained the operation of section 1226(a); and (3) the remaining portion of the district court's declaration was advisory. View "Pereira Brito v. Garland" on Justia Law

The First Circuit affirmed Defendant's convictions for several contraband-possession offenses, including being a felon in possession of a firearm, holding that there was no reversible error in the proceedings below.Specifically, the First Circuit held (1) the district court properly instructed the jury on joint possession; (2) the government presented sufficient evidence on the element of possession for all counts; (3) any possible error in the admission at trial of lay opinion testimony from law enforcement witnesses was harmless; and (4) Defendant made no showing that errors in his indictment, evidence, and jury instructions under the Supreme Court's decision in Rehaif v. United States, 139 S. Ct. 2191 (2019), affected the outcome of his proceedings. View "United States v. Norris" on Justia Law

The First Circuit affirmed Defendant's conviction of possession with intent to distribute marijuana and possession of a firearm and ammunition by a convicted felon, holding that the district court did not err by not granting Defendant's motion to suppress.In his motion to suppress, Defendant sought to suppress evidence obtained after the execution of a search warrant at his residence, asserting errors and omissions in the underlying search warrant affidavit. The First Circuit affirmed the district court's denial of Defendant's motion, holding that the various motions that Defendant filed ultimately seeking to suppress the evidence seized from his residence were correctly denied. View "United States v. Maglio" on Justia Law

The First Circuit affirmed the decision of the district court entering summary judgment against the political discrimination claims brought by Plaintiffs, former Automobile Accident Compensation Administration (AACA) employees, against Defendants, the AACA and its former executive director, holding that the district court did not err.Plaintiffs were laid off pursuant to an agency-wide, facially-neutral layoff plan based on seniority. Plaintiffs brought this action under 42 U.S.C. 1983 alleging violations of their rights under the First, Fifth, and Fourteenth Amendments, along with violations of Puerto Rico law. The district court adopted Puerto Rico court decisions concluding that it was the Board of Directors, and not the Executive Director, that was responsible for the layoff plan, and then granted summary judgment for Defendants. The First Circuit affirmed, holding that the district court correctly concluded that Plaintiffs were barred from arguing in this litigation that the executive director was responsible for the layoff plan. View "Diaz-Baez v. Alicea-Vasallo" on Justia Law

The First Circuit reversed the judgment of the district court dismissing Plaintiffs' securities fraud class action alleging that Carbonite, Inc. and certain current and former officers misled investors by touting a new product that they knew did not work, holding that the complaint sufficiently pleaded a claim.Plaintiffs, the Construction Industry and Laborers' Joint Pension Trust and other holders of Carbonite's common stock, brought this complaint seeking recovery under sections 10(b) and 20(a) of the Securities Exchange Act. Defendants filed a motion to dismiss, which the district court allowed. The First Circuit reversed, holding that the complaint sufficiently pled that Defendants' statements were material misrepresentations made with scienter. View "Construction Industry & Laborers Joint Pension Trust v. Carbonite, Inc." on Justia Law

The First Circuit reversed the judgment of the district court requiring the parties to arbitrate their dispute in this case, holding that the district court erred in compelling arbitration.In 2000, Air-Con signed a written distribution agreement with Daikin Industries, LTD to be an authorized distributor in Puerto Rico of air conditioning and refrigeration equipment. The agreement contained an arbitration provision requiring the parties to arbitrate any disputes in Japan. Also in 2000, Air-Con established a distribution relationship with Daikin Applied Latin America, LLC, Daikin Industries' subsidiary. In 2018, Air-Con filed suit against Daikin Applied seeking injunctive relief and damages under Puerto Rico's Dealer Protection Act. After the case was removed to federal court Daikin Applied filed a motion to compel arbitration, arguing that the written agreement between Air-Con and Daikin Industries governed Daikin Applied's relationship with Air-Con. The district court agreed with Daikin Applied. The First Circuit reversed, holding that the district court erred in concluding that Air-Con agreed to arbitrate the claims at issue in this case. View "Air-Con, Inc. v. Daikin Applied Latin America, LLC" on Justia Law

The First Circuit affirmed Defendant's upwardly variant sentence imposed in connection with his conviction for possessing a firearm in furtherance of a drug-trafficking crime, holding that the sentence was neither procedurally nor substantively unreasonable.Defendant entered a straight guilty plea to two counts of possession of drugs with intent to distribute and one count of possession of a firearm in furtherance of a drug-trafficking crime. The district court imposed an aggregate incarcerate sentence of eighty-eight months. On appeal, Defendant argued, among other things, that the sentencing court erred in imposing an upwardly variant sentence without providing adequate justification. The First Circuit affirmed, holding (1) there was no procedural error; and (2) the sentence was substantively reasonable. View "United States v. Valle-Colon" on Justia Law

The First Circuit affirmed the decision of the Massachusetts Department of Environmental Protection (DEP) reaffirming the issuance of an air permit to Algonquin Gas Transmission, LLC for a natural gas compressor station in Weymouth, Massachusetts, holding that the agency's actions were not arbitrary or capricious.DEP had previously approved Algonquin's plans to power the Weymouth station using a natural gas-fired turbine, which emitted nitrogen oxides. In a prior appeal, the City of Quincy, the Towns of Braintree and Hingham, and a group of citizens (collectively, the City) and other petitioners established that the DEP did not follow its own procedures when it eliminated an electric motor as a possible alternative to the gas-fired turbine, and the First Circuit remanded the case. On remand, DEP again concluded that an electric motor was not what Massachusetts regulations call the "best available control technology" (BACT) for the new compressor station and reaffirmed the air permit at issue. The First Circuit affirmed the DEP's decision after remand, holding that substantial evidence supported the decision and that the agency's determination was not arbitrary and capricious. View "City of Quincy v. Massachusetts Department of Environmental Protection" on Justia Law

The First Circuit affirmed the district court's judgment denying Defendant's motion to suppress evidence obtained during the execution of a no-knock search warrant at the apartment where he and his girlfriend lived, holding that the district court did not err.On appeal, Defendant argued that the district court erred by failing to suppress evidence obtained from the search of his backpack because his backpack was not properly subject to search and erred in failing to find that there was insufficient justification for the no-knock provision of the warrant. The First Circuit affirmed, holding (1) there was nothing improper about the search; and (2) the district court did not commit plain error by not ruling that the no-knock provision was unsupported. View "United States v. Congo" on Justia Law