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The First Circuit affirmed the convictions of two Massachusetts State Police officers for wire fraud and theft of federal funds but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the financial aid received by the defendant was traceable to the fraud versus what he would have received legitimately.
The First Circuit affirmed the convictions of two Massachusetts State Police officers for defrauding federal highway safety grants but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the financial aid received by the defendant was directly traceable to the fraud rather than what he would have received anyway.
The First Circuit affirmed the District Court's grant of qualified immunity to state officials sued over the deaths of veterans at a state-run facility during the COVID-19 pandemic. The court held that the plaintiffs failed to plausibly allege that the defendants directly caused the harm or that the law was clearly established to prohibit the alleged conduct.
The Seventh Circuit affirmed the district court's certification of a class action against Amazon for alleged violations of the Illinois Biometric Information Privacy Act. The court held that common questions regarding Amazon's data collection practices predominate over individual questions about user location, allowing the case to proceed as a class action.
The First Circuit affirmed a felon-in-possession conviction, ruling that circumstantial evidence of control and behavior was sufficient to prove constructive possession of a firearm found under a car seat. The court also held that the defendant waived his facial Second Amendment challenge by failing to adequately develop the argument on appeal.
The First Circuit affirmed Tevin Abercrombie's conviction for unlawful firearm possession by a felon, ruling that circumstantial evidence of his control over the vehicle and suspicious behavior supported a finding of constructive possession. The court also held that Abercrombie waived his facial Second Amendment challenge to the statute by failing to adequately develop the argument on appeal.
The Eleventh Circuit affirmed the removal of general partners from affordable housing limited partnerships after finding their misappropriation of funds constituted a material breach of contract. The court rejected arguments that the removal was an impermissible forfeiture or that the limited partners had waived their rights through prior inaction.
The Eleventh Circuit affirmed the denial of a motion to compel arbitration in an ERISA case involving a terminated employee stock ownership plan. The court held that the plan's arbitration provision was unenforceable because it prohibited plaintiffs from seeking plan-wide relief, thereby prospectively waiving substantive statutory rights under ERISA.
The Eleventh Circuit affirmed Victor Cremades' convictions for drug distribution, rejecting his arguments that the evidence was insufficient to support the jury's verdict. The court also held that any error in admitting a drug ledger was harmless given the overwhelming evidence of guilt.
The First Circuit affirmed the denial of James Garrey's habeas petition, ruling that the Massachusetts Supreme Judicial Court did not unreasonably apply federal law in upholding a prosecutor's peremptory strike of a minority juror. The court held that the state trial court's acceptance of the prosecutor's race-neutral explanation was reasonable given the ambiguous record and the high deference required under AEDPA.
