Recent Cases from the First Circuit Court of Appeals and
New Hampshire District Court:
October and November 2012.
FIRST CIRCUIT:
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.
IMMIGRATION
LAW
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.
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