United States First Circuit - Opinion Summaries

US v. SMITH

Criminal Law & Procedure
In appeal from conviction for possession of a firearm and various rounds of ammunition, 1) admission of evidence of drug dealing was proper, 2) a...

IN RE: MIDDLESEX POWER EQUIPMENT & MARINE, INC.

Bankruptcy Law, Civil Procedure, Property Law & Real Estate, Tax Law
The district court was not required to resolve a dispute over payment of taxes owed to a town on real estate sold by a trustee in bankruptcy, and...

HOTZ v. BLUE CROSS & BLUE SHIELD OF MASSACHUSETTS, INC.

ERISA, Health Law, Insurance Law
Because a claim against an insurer for unfair claim settlement practices involves a "benefit" under ERISA, removal jurisdiction was proper; claim is...

WATKINS v. MURPHY

Criminal Law & Procedure
Jury instructions regarding joint venture and withdrawal did not remove from the jury the issues of withdrawal and degree of murder, in violation of...

UTICA MUT. INS. CO. v. WEATHERMARK INV., INC.

Contracts, Environmental Law, Insurance Law, Property Law & Real Estate
A repair contractor's insurer was under no contractual obligation to indemnify its insureds for costs incurred in cleaning up a fuel oil spill on the...

RILEY v. HARR

Constitutional Law, Injury & Tort Law
In a suit against an author and publisher for a book's depiction of claimant, summary judgment against claimant was proper (on First Amendment...

THE GULF OF MAINE FISHERMEN'S ALLIANCE v. DALEY

Civil Procedure, Environmental Law
A claim by an association of commercial fishermen, who were severely impacted by regulations and closures formulated by the Department of Commerce to...

LARGE v. CONSESCO FINANCE SERVICING CORP.

Commercial Law, Consumer Protection Law, Dispute Resolution & Arbitration
A borrower's assertion of the right to rescind a loan transaction subject to the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq., does not undo...

MEDINA-CLAUDIO v. RODR-GUEZ-MATEO

Administrative Law, Civil Rights, Constitutional Law
Because appellant was required to first submit his claim to the prison's internal grievance process, alleging that the prison conditions under which...

BENHAM v. LENOX SAV. BANK

Civil Procedure, ERISA, Labor & Employment Law
In an ERISA discrimination claim, when the district court introduced and accepted its own alternative explanation instead of crediting the proffered...