United States First Circuit - November 2009 Opinion Summaries

Cunningham v. Nat'l City Bank

Banking Law, Consumer Protection Law, Contracts, Debt Collection, False Advertising
In plaintiffs' putative class action against defendant for breach of contract, violation of the Truth in Lending Act (TILA), and violation of the...

Shaner v. Chase Bank USA

Banking Law, Civil Procedure, Consumer Protection Law, Contracts
Dismissal of a class action relating to interest rate charges on late bank credit card payments is affirmed where: 1) plaintiff's transactions took...

Medina v. Metro. Life Ins. Co.

Administrative Law, Attorney's Fees, Civil Procedure, ERISA, Insurance Law, Labor & Employment Law
In plaintiff's ERISA suit against defendant alleging that it used an arbitrary and capricious procedure in terminating his short-term disability...

Decky v. Holder

Administrative Law, Government Law, Immigration Law
Petitioners-Indonesian citizens' petition for review of the BIA's denial of their application for asylum and related relief is denied over...

US v. Gonzalez-Velez

Criminal Law & Procedure, Evidence, Sentencing
Defendant's sentence of 135-months' imprisonment after being convicted of participating in a conspiracy to distribute narcotics is affirmed where: 1)...

Boston & Maine Corp. v. Massachusetts Bay Transp. Auth.

Bankruptcy Law, Civil Procedure, Environmental Law, Government Law, Oil and Gas Law, Transportation
In a suit filed by a railroad operator (B&M) seeking to enjoin the Massachusetts Bay Transportation Authority (MBTA) from making its Chapter 21E...

Vaqueria Tres Monjitas, Inc. v. Irizarry

Administrative Law, Agriculture, Civil Procedure, Commercial Law, Constitutional Law, Government Law
In plaintiffs' suit against Puerto Rico's Milk Industry Regulation Administration, claiming that the Administration's regulatory scheme governing milk...

In re Pharm. Indus. Average Wholesale Price Litig.

Civil Procedure, Class Actions, Consumer Protection Law, Drugs & Biotech, False Advertising
Approval of a settlement in a class action lawsuit involving claims that AstraZeneca Pharmaceuticals published artificially inflated prescription drug...

Perez v. Holder

Administrative Law, Evidence, Immigration Law
Guatemalan national's petition for review of the BIA's order denying petitioner's request for withholding of removal is denied as the BIA adequately...

US v. McElroy

Criminal Law & Procedure, Evidence, Government Law, Sentencing, Tax Law, White Collar Crime
Defendants' sentence and conviction for conspiring to defraud the US of employment and income taxes and to commit insurance fraud by use of the mails...