Every decision we've summarized from United States Court of Appeals for the First Circuit.
The First Circuit affirmed a district court's judgment against five defendants who participated in a decade-long pump-and-dump scheme involving penny stocks and concealed ownership. The court upheld the SEC's civil enforcement action, finding the defendants liable for ill-gotten gains and imposing disgorgement and civil penalties, while vacating one specific injunction for lack of clarity.
The First Circuit affirmed a district court's judgment against five defendants who participated in a decade-long pump-and-dump scheme involving penny stocks and misleading promoters. The court upheld the SEC's civil enforcement action and the imposition of disgorgement liabilities for ill-gotten gains, while vacating one specific injunction against appellant Sexton for failing to describe the prohibited conduct with sufficient clarity.
The First Circuit affirmed Keion Rowell's conviction for sex trafficking of a minor, rejecting his Fourth Amendment challenge to a warrantless police entry. The court also dismissed claims regarding courtroom sealing, evidence admission, and alternate jurors, finding no reversible error in any instance.
The First Circuit vacated the Board of Immigration Appeals' denial of asylum and related relief, ruling that the agency erred by relying solely on an adverse credibility finding while ignoring independent documentary and testimonial evidence. The court also held that the agency applied the incorrect legal standard to the withholding of removal claim by failing to conduct a purely objective assessment of future persecution.
The First Circuit denied a petition for review of an asylum denial because the petitioner failed to develop specific legal or factual arguments challenging the Board of Immigration Appeals' nexus finding. The court held that without a developed argument connecting the abuse to the petitioner's protected status, the claim fails regardless of the severity of the harm suffered.
The First Circuit affirmed the dismissal of Soscia Holdings' federal constitutional and statutory claims against state officials, upholding Eleventh Amendment immunity for the State and qualified immunity for individual defendants. The court sustained the district court's dismissal of remaining federal claims arising from a civil penalty assessment under the state Permitting Act.
The First Circuit vacated summary judgment on design defect claims because expert testimony raised a genuine dispute over whether a reasonable alternative design could have prevented a fatal accident. The court affirmed summary judgment on manufacturing defect and maintenance claims, finding insufficient evidence to link the missing safety barrier to the victim's entry into the danger zone.
The First Circuit affirmed the dismissal of a negligence and public nuisance suit against an online firearms marketplace for lack of personal jurisdiction based on pre-2017 contacts. However, the court vacated the dismissal to allow jurisdictional discovery, ruling that evidence of thousands of New Hampshire-specific listings from 2018 onward may establish that the company purposefully availed itself of the state's laws.
The First Circuit affirmed a district court ruling that a partially completed beneficiary designation form under the Federal Employees' Group Life Insurance Act was valid. The court held that the statutory requirement of a signed and witnessed writing was met, and the appellant failed to provide medical evidence proving the insured lacked mental capacity.
The United States Court of Appeals for the First Circuit issued an errata sheet to correct the caption and clarify the representation of the government in a criminal appeal. The amendment clarifies that the U.S. Attorney's Office for the District of Puerto Rico litigated the case while an attorney from the Criminal Division of the Department of Justice presented the appeal.