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United States First Circuit - December 2003 Opinion Summaries

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Description Date Docket #
CORREIA v. FITZGERALD
United States First Circuit
Civil Procedure, Injury & Tort Law 
Take-nothing verdict for defendants was not tainted by jury prejudice favoring firefighter-defendant as a result of the publicity and sentiments...
12/31/2003 02-1417
LEE-CRESPO v. SCHERING-PLOUGH DEL CARIBE INC.
United States First Circuit
Civil Rights, Labor & Employment Law 
Plaintiff unsuccessfully appeals the grant of summary judgment to her employer on her Title VII and Puerto Rico law claims. Though her supervisor's...
12/31/2003 03-1033
KOZIKOWSKI v. TOLL BROS., INC.
United States First Circuit
Construction, Consumer Protection Law, Contracts, Injury & Tort Law, Property Law & Real Estate 
Plaintiffs unsuccessfully appeal the grant of summary judgment to defendant. Their breach of warranty claims were time-barred, and their deceit claims...
12/31/2003 03-1460
HILLSTROM v. BEST W. TLC HOTEL
United States First Circuit
Civil Rights, Labor & Employment Law 
In order to establish a willful violation and thereby increase the limitations period of the Family and Medical Leave Act, a plaintiff must show that...
12/31/2003 03-1972
WOOD v. HANCOCK COUNTY SHERIFF'S DEP'T
United States First Circuit
Civil Rights, Criminal Law & Procedure 
An overly narrow definition of "strip search" contained in the jury instructions improperly limited jury deliberations on the nature of two searches...
12/31/2003 03-1564
US v. MELENDEZ-SANTANA
United States First Circuit
Criminal Law & Procedure, Sentencing 
Supervised release conditions regarding drug treatment were impermissibly delegated to a probation officer by the sentencing court. Delegation to a...
12/24/2003 01-2386, 01-2397
NIEVES-MARQUEZ v. THE COMMONWEALTH OF PUERTO RICO
United States First Circuit
Education Law 
Defendants waived any Eleventh Amendment immunity, at least as to Rehabilitation Act section 504 claims, by accepting federal educational funding for...
12/24/2003 02-2721
US v. REYES
United States First Circuit
Criminal Law & Procedure 
District court's judgment, convicting defendant of possession of cocaine with intent to distribute and of conspiracy to commit the same offense, is...
12/22/2003 03-1075
WRIGHT v. COMPUSA, INC.
United States First Circuit
Civil Rights, Labor & Employment Law 
District court erred in awarding summary judgment to defendant on plaintiff's retaliation claim, because the record creates a genuine issue of...
12/22/2003 03-1099
POY v. BOUTSELIS
United States First Circuit
Attorney's Fees, Civil Rights, Injury & Tort Law 
Plaintiff, prevailing in his 42 U.S.C. section 1983 action against the police who arrested him, was inappropriately denied fees and costs.
12/22/2003 03-1201, 03-1243

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