United States First Circuit - Opinion Summaries

KPS & ASSOCIATES, INC. v. DESIGNS BY FMC, INC.

Civil Procedure, Commercial Law, Contracts, Remedies, Sanctions
The district court did not err in denying a motion to dismiss or stay diversity breach of contract proceedings in light of ongoing New York...

THE DESTEK GROUP, INC. v. STATE OF NEW HAMPSHIRE PUB. UTILS. COMM'N

Civil Procedure, Civil Rights, Communications Law, Government Law, Public Utilities
A state public utilities commission never made a "determination," for purposes of section 252(e)(6) of the Telecommunications Act of 1996, thus no...

EF CULTURAL TRAVEL BV v. ZEFER CORP.

Commercial Law, Copyright, Cyberspace Law, Intellectual Property, Remedies
The district court's use of a "reasonable expectations" test, in determining whether use of a "scraper tool" to collect pricing information from...

MUNICIPALITY OF SAN JUAN v. RULLAN

Civil Procedure
A district court does not retain supplemental enforcement jurisdiction over a settlement after granting an FRCP 41(a)(1)(ii) motion, unless the...

CIRINO-ENCARNACI-N v. CONCILIO DE SALUD INTEGRAL DE LO-ZA, INC.

Civil Procedure, Health Law, Professional Malpractice
The district court erred in not first determining that defendants had met their discovery obligations, before dismissing an Emergency Medical...

MANGUAL v. MEDINA

Constitutional Law, Criminal Law & Procedure, Media Law
Puerto Rico's criminal libel statute is unconstitutional under the First Amendment, as applicable to statements regarding public officials and public...

STATE POLICE FOR AUTOMATIC RETIREMENT ASS'N v. DIFAVA

Civil Rights, Constitutional Law, Labor & Employment Law, Government Law
Neither the Supreme Court's decision in Kimel v. Florida Bd. of Regents, 528 U.S. 62 (2002), nor Eleventh Amendment jurisprudence prevents individuals...

HERSHEY v. DONALDSON, LUFKIN & JENRETTE SECS. CORP.

Contracts, Corporation & Enterprise Law, Injury & Tort Law, Securities Law
Claims of breach of fiduciary duty under Ohio law arising from the sale of a corporation are rejected where 1) facts cannot support an assertion of...

MANN v. CHASE MANHATTAN MORTGAGE CORP.

Bankruptcy Law, Property Law & Real Estate
A mortgage company's postpetition bookkeeping entries did not implicate Bankruptcy Code section 362(a)(3), and did not violate section 362(a)(5), thus...

US v. LEE

Criminal Law & Procedure
In defendant's conviction for possession of fifteen or more unauthorized credit cards, the district court appropriately rejected a proffered jury...