United States First Circuit - May 2005 Opinion Summaries

Johnson v. Gordon

Copyright, Intellectual Property
In a copyright infringement action concerning music, summary judgment in favor of defendant is affirmed where the district court properly rejected...

Zimmerman v. Cambridge Credit Counseling Corp.

Consumer Protection Law, Tax Law, Tax-exempt Organizations
To be excluded from section 1679 of the Credit Repair Organizations Act, which creates a cause of action for consumers harmed by credit repair...

Estades-Negroni v. CPC Hosp.

Civil Rights, Constitutional Law, Injury & Tort Law
Dismissal of plaintiff's section 1983 lawsuit, alleging that defendant-hospital violated her Constitutional rights when it involuntarily hospitalized...

Mercado v. The Ritz-Carlton

Civil Procedure, Labor & Employment Law
Dismissal of plaintiffs' untimely filed employment discrimination claim is reversed where they are entitled to factual development of their claim for...

In Re: Franco

Ethics & Professional Responsibility, Ethics & Disciplinary Code

Smith v. Robertshaw Controls Co.

Civil Procedure, Injury & Tort Law, Product Liability
In a product liability suit, summary judgment in favor of defendant is affirmed where it was prejudiced by unreasonably late notice of the claim.

Federacion De Maestros v. Junta De Relaciones

Civil Procedure
The Rooker-Feldman doctrine applies in an interlocutory jurisdictional decision of the Puerto Rico appellate courts.

US v. Fornia-Castillo

Criminal Law & Procedure, Sentencing
Defendant sentence for a drug conviction is vacated and remanded for resentencing pursuant to US v. Booker 125 S.Ct. 738 (2005).

Jewelers Mut. Ins. Co. v. N. Barquet, Inc.

Contracts
Consideration or compensation to the depositary is not necessary to form a depositum contract.

Estate of Abraham v. Comm'r of Internal Revenue

Tax Law
Plaintiff's challenge to the an IRS determination of a tax deficiency is dismissed over its claim that the Tax Court erred in determining that 100% of...