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United States First Circuit - October 2006 Opinion Summaries

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Description Date Docket #
US v. Johnson
United States First Circuit
Agriculture, Civil Procedure, Environmental Law, Property Law & Real Estate, Water Law 
Following the Supreme Court's decision in Rapanos v. US, 126 S.Ct. 2208 (2006), a suit against a group of cranberry farmers for violation of the Clean...
10/31/2006 05-1444
US v. Edelkind
United States First Circuit
Asset Forfeiture, Banking Law, Criminal Law & Procedure, Property Law & Real Estate, Sentencing 
Conviction and sentence for bank fraud are affirmed over defendant's arguments that: 1) no proper verdict was ever returned by the jury; 2) the...
10/31/2006 05-2125
US v. Thomas
United States First Circuit
Criminal Law & Procedure, Evidence 
A conviction for smuggling and possession of illegal drugs is affirmed where the evidence was sufficient to sustain the verdicts and the trial court...
10/27/2006 04-2386
Constructora Andrade Gutierrez v. Am. Int'l Ins. Co. of Puerto Rico
United States First Circuit
Construction, Contracts, Dispute Resolution & Arbitration, International Law 
In a dispute between contractors and a bond issuer involving on a construction project in Haiti, an appeal from rulings granting summary judgment for...
10/27/2006 05-2303
Thore v. Howe
United States First Circuit
Civil Procedure, Civil Rights, Criminal Law & Procedure, Government Law, Injury & Tort Law 
In a suit under 42 U.S.C. section 1983 asserting excessive force and conspiracy claims, summary judgment for defendants is affirmed where: 1) the...
10/27/2006 06-1627
Gao v. Gonzales
United States First Circuit
Administrative Law, Immigration Law 
Petition for review of denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT) is denied where petitioner...
10/26/2006 05-2330
MA Nurses Ass'n v. N. Adams Reg'l Hosp.
United States First Circuit
Dispute Resolution & Arbitration, Health Law, Labor & Employment Law 
Dismissal of a suit to enforce an arbitral agreement is affirmed where the district court did not err in refusing to apply and enforce the prior...
10/26/2006 05-2799
U.S. v. Rivera-Rangel
United States First Circuit
Constitutional Law, Criminal Law & Procedure, Sentencing 
Conviction for extortion under color of official right is affirmed where a witness' invocation of the Fifth Amendment on a collateral issue of the...
10/25/2006 05-2042
U.S. v. Sepulveda-Contreras
United States First Circuit
Constitutional Law, Criminal Law & Procedure, Sentencing 
Sentence for carjacking is vacated and remanded where: 1) the district court erred in imposing two conditions on defendant for the first time in its...
10/25/2006 04-1409
Happ v. Corning, Inc.
United States First Circuit
Contracts, Corporation & Enterprise Law 
Summary judgment for corporation on its counterclaim demanding repayment of indemnification provided to a former officer during an insider trading...
10/23/2006 04-1406

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