Recent Cases from the First Circuit Court of Appeals and New Hampshire District Court:
October and November 2012.
LABOR & EMPLOYMENT LAW
Nat'l Labor Relations Bd. v. Solutia, Inc., No. 12-1129 In a labor dispute arising from an employer's decision to consolidate two of its product testing labs at different locations on its worksite into one lab, the decision of the National Labor Relations Board (Board), finding that the employer had violated sections 8(a)(1) and (5) of the National Labor Relations Act, is affirmed where: 1) the Board made no error of law in reaching its decision and its findings were supported by substantial evidence in the record; 2) the Board did not err in its conclusion that the employer did not violate the collective bargaining agreement; and 3) the challenges to the Board's remedial order by both the employer and the union are either premature or without merit.
ANTITRUST & TRADE REGULATION, INSURANCE LAW
Saint Consulting Group, Inc. v. Endurance Am. Specialty Ins. Co. Inc., No. 12-1569 In plaintiff's suit against its insurer for breach of duty to defend in an underlying lawsuit, district court's dismissal of the complaint is affirmed where the antitrust claims in the underlying action were expressly excluded by an exclusion in the policy and the policy coverage was precluded as to the other claims because they arose out of plaintiff's alleged restraint of trade.
CIVIL PROCEDURE, INJURY & TORT LAW
Hatch v. Trail King Indus., Inc., No. 12-1473 In plaintiff's suit against a manufacturer of a trailer involved in his accident at his workplace, district court's denial of plaintiff's motion to add a claim for unfair and deceptive trade practices following a jury verdict in favor of the defendant, is affirmed where the doctrine of claim preclusion applies to this case and plaintiff may not now bring this claim because of the failure to appeal from the denial of the motion to amend.
ELECTIONS, GOVERNMENT LAW, REMEDIES
Colon-Marrero v. Conty-Perez, No. 12-2145 In plaintiff's suit claiming that Article 6.012 of Puerto Rico Law No. 78 prohibited the government from removing her from the voting roll for the upcoming election of Puerto Rico's only elected federal officer, district court's denial of a preliminary injunction is affirmed and remanded where: 1) the National Voter Registration Act by its terms does not apply to Puerto Rico, and it therefore cannot provide any relief for plaintiff in this
case; and 2) the record and the parties' arguments fail to demonstrate that such extraordinary relief could be granted only weeks before the election without creating uncertainty and confusion in the Puerto Rico electoral process.
Rojas-Perez v. Holder, No. 11-1047 A Mexican citizens' petition for review of an order of removal is denied where the BIA's decision was reasonable and adequately supported by substantial evidence.
CIVIL RIGHTS, LABOR & EMPLOYMENT LAW, REMEDIES
Trainor v. HEI Hospitality, LLC, No. 12-1152 In plaintiff's age discrimination and retaliation suit against his former employer, judgment of the district court is affirmed for the most part, but vacated where: 1) the $500,000 award for emotional distress damages is vastly out of proportion, even after remittitur; and 2) the district court must adjust its award of multiplied damages on remand.
CRIMINAL LAW & PROCEDURE, SENTENCING, EVIDENCE
US v. Green, No. 11-2157 Defendant's conviction and sentence for his participation in an oxycodone distribution conspiracy, are affirmed where: 1) any error in the district court's refusal to suppress evidence that the DEA agents obtained from defendant's cellular phone, without a warrant, two weeks after they seized the phone, was harmless beyond a reasonable doubt; 2) there was no abuse of discretion in admitting the challenged witness testimony; 3) the evidence was sufficient to support the conspiracy conviction; and 4) the district court did not err in calculating the drug quantity attributable to defendant as a result of his participation in the conspiracy.
NEW HAMPSHIRE DISTRICT COURT CASES:
SOCIAL SECURITY APPEAL
Susan Gould, v. Michael J. Astrue, Commissioner, Social Security Administration [Case No. 11-CV-485-SM],
Opinion No. 2012 DNH 182 - Finding of no disability affirmed (Steven J. McAuliffe, District Judge). Good review and analysis of a social security disability claim appeal and the burdens of proof and standards of review on appeal.