United States First Circuit - Opinion Summaries

HURTADO v. TUCKER

Constitutional Law, Criminal Law & Procedure
Because issues of credibility are for the jury to decide, federal courts should be cautious about issuing habeas petition on grounds of the objective...

US v. BARNES

Criminal Law & Procedure
Because supervised release terms set out in federal drug laws establish the maximum terms for violations of those sections, and 21 USC 960(b)(3) is...

VLASS v. RAYTHEON EMPLOYEES DISABILITY TRUST

Administrative Law, Insurance Law
Where there was conflicting evidence as to the effect of complainant's pain on his ability to function in a normal workplace without physical demands,...

HERMAN v. HECTOR I. NIEVES TRANSPORT, INC.

Labor & Employment Law
The "motor carrier exemption" to the overtime provisions of the Fair Labor Standards Act, 29 USC 213(b)(1), does not protect a trucking company whose...

UFFNER v. LA REUNION FRANCAISE, S.A.

Civil Procedure
Where defendants failed to raise the issue of personal jurisdiction in their motion to dismiss, they consented to the court's jurisdiction, and the...

POSADAS DE PUERTO RICO ASSOC., INC. v. NAT'L LABOR RELATIONS BD.

Insurance Law, Labor & Employment Law
Where an employer unilaterally discontinues a group cancer and life insurance policy that had been in effect for 20 years without first bargaining to...

CUMMINGS v. HPG INT'L, INC.

Injury & Tort Law
Under Massachusetts law, a negligent misrepresentation claim requires that the person making the misrepresentation knew the representation was false...

US v. MICHAUD

Criminal Law & Procedure
Under 18 USC 921(a)(6), a sawed-off shotgun with a barrel measuring twelve and one-quarter inches long and an overall length of twenty-seven and...

MILLS v. APFEL

Administrative Law, Government Benefits
An Appeals Council refusal to review an Administrative Law Judge's decision may be reviewable by appellate court where the Appeals Council gives an...

TILLER v. BAGHDADY

Evidence
In fraud case where defendant allegedly sold sibling stock to purchase land, evidence that defendant also sold another relative stock is relevant in...