United States First Circuit - January 2003 Opinion Summaries

PORTLAND NATURAL GAS TRANSMISSION SYS. v. 19.2 ACRES OF LAND

Constitutional Law, Oil and Gas Law, Property Law & Real Estate
The district court properly calculated the amount of compensation due under Massachusetts law after plaintiff took, by eminent domain, temporary and...

ELLSWORTH v. WARDEN

Criminal Law & Procedure, Habeas Corpus
In sexual assault convictions, petitioner's Confrontation Clause rights were violated when the judge failed to allow him to cross-examine a juvenile...

U.S. v. RIVERA-RODR-GUEZ

Criminal Law & Procedure, Sentencing
The government did not meet its burden of justifying a six-level upward adjustment under U.S.S.G. section 2S1.1, based on defendant's responsibility...

U.S. v. CORCHADO-PERALTA

Criminal Law & Procedure
A money laundering conviction is reversed where the 18 U.S.C. section 1956(a)(1)(B)(i) knowledge requirement is not satisfied. A bank fraud conviction...

U.S. v. BROWNE

Criminal Law & Procedure, Evidence, Sanctions
The district court did not err in not affording defendant an evidentiary hearing on his motion to withdraw his guilty plea, but a contempt judgment is...

BRITELL v. US

Civil Procedure
The First Circuit lacks jurisdiction over appeal based on a case brought under 28 U.S.C. section 1346 but, where dismissal would not be in the...

US v. STROTHER

Criminal Law & Procedure, Evidence
The totality of: a cooperating witness's personal knowledge as to the location of drugs and firearms; specificity and detail of the witness's...

ROLLAND v. ROMNEY

Elder Law, Government Benefits, Health Law
The Nursing Home Reform Amendments to Medicaid require states to provide dual need nursing home residents with specialized services if screening deems...

LEWIS v. CITY OF BOSTON

Civil Rights, Labor & Employment Law
A race discrimination in employment claim under Massachusetts law was not actionable, where plaintiff failed to show something more than evidence of...

BRIGHAM v. SUN LIFE OF CANADA

ERISA, Insurance Law, Labor & Employment Law
A decision to terminate long-term disability benefits was not arbitrary and capricious under ERISA, as insurer did not lack a reasonable basis for its...