The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
Morev., Rex A. BUTLER, M.D., Craig A. Dennis and Melanie M. Burnette of Dennis, Jackson, Martin Fontela, P.A., Tallahassee, for Appellee., I would affirm the trial court's dismissal of this case because the constitutional minimum contacts requirement has not been demonstrated by appellant.
v., Maximano SILVA, Defendant, Appellant. 2142, 90 L. Ed. 2d 636 (1986), a case on which Silva heavily relies, where the Court reversed a conviction after the trial judge refused to admit any evidence regarding the voluntariness of a confession after denying a pre-trial motion to suppress.
v., Andres DE LEóN-QUI The direct evidence included the testimony of three bank employees. United States v. Griffin, 524 F.3d 71, 76 (1st Cir.[2], As with González's identification, we conclude that the district court committed no clear or obvious error in allowing Massanet to identify De León.
ADA Pudolsky. It is, unclear whether Burke intends his cross-appeal to encompass the, district court's decision to reduce the expenses: except for a few, passing references to costs, the brief complains only of the fees, reduction and refers only to time records and time spent;F.3d at 297.
If the alien adduces probative evidence of past persecution on account of such a ground, that evidence creates a rebuttable presumption of a well-founded fear of future persecution. See Lopez de Hincapie, 494 F.3d at 217. this case involves claimed threats of murder 812, 117 L. Ed. 2d 38 (1992).
586 F.3d 69 (2009), In re Nelson J. SMITH, Debtor., The bankruptcy court conducted a non-evidentiary hearing on the motions and held that Pritchett's claim was a domestic support obligation and thus denied Smith's motion to avoid Pritchett's lien. been treated as in the same nature as alimony.
3, The problems identified in the order to show cause were the, bankruptcy court's transmission of the notice of appeal and motion, for leave to take an interlocutory appeal to this court rather than, to the district court as required by Fed.also from the original summary judgment decision itself.
494, 133 L. Ed. 2d 461 *38 (1995), CAFA allows a court of appeals to accept an appeal from an order of a district court granting or denying a motion to remand a class action to the State court from which it was removed. it describes the College as representing the dentistry class in Puerto Rico;
Defendants, Appellants.TRIPLE-S MANAGEMENT, INC., ET AL.Defendants, Appellees.
Autoridad de Carreteras; The denial of a TRO does not become appealable if, before resolving the preliminary injunction, the district court denies a motion for reconsideration of the TRO or issues an order focusing the parties on particular issues that must be addressed in later proceedings.
Cotter v. City of Boston, 323 F.3d 160, 164-66 (1st Cir.2003) (explaining HRD's role in the promotions process in a § 1983 suit against city and state defendants claiming violations of plaintiff white police officers' civil rights when the city promoted minority police officers);
WILLIAM MOSHER, INDIVIDUALLY AND AS ADMINISTRATOR, OF THE ESTATE OF WILLIAM MOSHER, JR.;state law claims, against Kenneth Nelson, Superintendent of BSH;2, The Moshers do not appeal summary judgment that was granted, on their claims against Childs.alleged violation.inmate who later attacked Burrell.
the last, DeVille Pharmacies, asserts that it is a class member because it purchased drugs at AWP-based prices during the class period. 586, 98 L. Ed. 2d 629 (1988) (per curiam), is that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment.
[3], In this appeal, the government has not argued for reversal on the grounds that the district court mis-identified the crime of conviction, that it mis-assessed the risk presented by the nature of class C burglary or that it improperly considered evidence of Giggey's specific conduct.
To require the district court to permit, amendment here would allow plaintiffs to, pursue a case to judgment and then, if they, lose, to reopen the case by amending their, complaint to take account of the court's, decision.reconsideration into a Rule 15(a) motion.standard). Gray, 544 F.3d at 327.
, Glacken's habeas petition claimed that the quoted instruction violated his due process rights to a fair trial by precluding the jury from considering his defense and that his trial counsel's performance was constitutionally deficient. Obershaw, 453 F.3d at 68. 969, 163 L. Ed. 2d 824 (2006)).
, Nelson Pérez-Sosa, Assistant U.S. Attorney, Julia M., Meconiates, Assistant U.S. Attorney, and Rosa Emilia Rodriguez-, Velez, United States Attorney, on brief for appellee.for time spent in state custody.account for that time, see USSG § 5G1.3, comment.sentenced for the instant federal offense.
That is, Kash N' Karry says that if courts are not allowed to consider the existing class members and defendants in national class actions but are limited to those described in the complaint in a single state, *80 plaintiffs will tailor their pleading to avoid federal jurisdiction under CAFA.
CITY OF SPRINGFIELD AND, SPRINGFIELD POLICE OFFICER J.B.claims against Officer Stern's employer, the City of Springfield.1, He also brought various state civil rights claims and state, law tort claims against the defendants.grant of summary judgment on Schubert's Fourth Amendment claim.
Because the offense of conviction carries a 25-year statutory maximum, 18 U.S.C. § 2113(d), the court set the base offense level at 34. Under Maine law, the escape crime at issue here (Class C escape) is punishable by a sentence of more than one year in prison. Pratt II, 568 F.3d at 22.
