Archive for the '1st COA' Category

Environmental Attorney’s Political Discrimination and Retaliation Claims Rejected

In Uphoff-Figueroa v. Alejandro, No. 08-1921, the First Circuit faced a challenge to the district court’s judgment against an environmental attorney in his action against his employer, the Puerto Rico Electric Power Authority (PREPA) and PREPA officials claiming various causes of action, including employment discrimination and retaliation.
Plaintiff’s suit arose from his main contention that the [...]

Environmental Attorney’s Political Discrimination and Retaliation Claims Rejected

In Uphoff-Figueroa v. Alejandro, No. 08-1921, the First Circuit faced a challenge to the district court’s judgment against an environmental attorney in his action against his employer, the Puerto Rico Electric Power Authority (PREPA) and PREPA officials claiming various causes of action, including employment discrimination and retaliation.
Plaintiff’s suit arose from his main contention that the [...]

Decisions in Subrogation and Child Sex Trafficking Cases

The First Circuit decided an insurance subrogation matter and a criminal case. 
In Fed. Ins. Co. v. Commerce Ins. Co., No. 09-1156, the court faced a challenge to the district court’s judgment against the insurer of a retirement home in its subrogation claim against the insurer of the resident who accidentally caused a fire, and [...]

Decisions in Subrogation and Child Sex Trafficking Cases

The First Circuit decided an insurance subrogation matter and a criminal case. 
In Fed. Ins. Co. v. Commerce Ins. Co., No. 09-1156, the court faced a challenge to the district court’s judgment against the insurer of a retirement home in its subrogation claim against the insurer of the resident who accidentally caused a fire, and [...]

Ruling in Motion for an Order of Restitution on Direct Appeal

In US v. Aguirre-Gonzalez, No. 08-1276, the First Circuit faced a challenge to the denial of petitioners’ motion for an order of restitution at defendant’s sentencing, arising from a fraudulent investment scheme.
The court first addressed the question of whether petitioners, as crime victims denied their right to restitution under federal statutes, may appeal the restitution component [...]

Ruling on Arbitration and Standard of Review Issues

In Powershare, Inc. v. Syntel, Inc. No. 09-1625, the First Circuit decided an issue of whether a parties’ agreement contained a mandatory arbitration provision.
In reversing the decision of the district court, the First Circuit first clarified the standard of review to be used by a district judge when reviewing a magistrate judge’s order on [...]

Ruling Involving the Colorado River Abstention Doctrine

In Jimenez v. Rodriguez-Pagan, No. 09-1135, the First Circuit dealt with the issue of whether the Colorado Abstention doctrine applied to two identical actions in federal district court and in a Puerto Rico Commonwealth court, involving plaintiff’s action seeking her late husband’s share of certain stocks and to exercise his option on a penthouse apartment, [...]

Ruling in Action against DEA Agents by Police Officer

In Martinez-Rodriguez v. Guevara, No. 08-1086, the First Circuit faced a Fourth Amendment violation claim against several DEA agents by an acquitted police officer, arising from his grand jury indictment and arrest for drug trafficking.
As stated in the decision: “The undisputed facts establish that: (1) Martinez-Rodriguez attended the May 14th meeting Lopez-Lopez, an individual who was [...]

Rulings In Criminal Cases

The First Circuit decided two criminal cases yesterday; one involving defendant’s conviction and life sentence for possession and distribution of crack cocaine, and the other involving a defendant’s conviction and sentence for selling oxycodone.
In US v. Rodriguez-Velez, No. 07-2813, the court faced a challenge to a conviction for conspiracy to possess with intent to [...]

Rulings in an Immigration Case, Court’s Sanction, and Default Judgment

The First Circuit dealt with a contract matter, an immigration case and a case involving a district court’s dismissal as a sanction upon a party for discovery related matters.
In Indigo Am., Inc. v. Big Impressions, LLC, the court vacated and remanded district court’s entry of default against the defendant in a breach of contract case.  [...]