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United States First Circuit - October 2006 Opinion Summaries

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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. 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

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

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

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

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

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

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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