Thursday, March 17, 2011

Daily Opinion Summaries for U.S. 1st Circuit Court of Appeals - 03/16/2011

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Daily Opinion Summaries
U.S. 1st Circuit Court of Appeals

March 16, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

Civil Procedure, Corp. Governance, Securities Law
Firstbank Puerto Rico, Inc. v. La Vida Merger Sub, Inc.

Criminal Law & Procedure, Sentencing
US v. Villar

Criminal Law & Procedure, Sentencing
US v. Cole

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LATEST SUMMARIES

Civil Procedure, Corp. Governance, Securities Law
Firstbank Puerto Rico, Inc. v. La Vida Merger Sub, Inc., No. 10-1585
In a securities action alleging Section 10(b) and Rule 10(b)(5) violations two years after alleged violations occurred, dismissal by district court is affirmed because federal claims are time-barred under Sarbanes-Oxley, 28 U.S.C. section 1658(b)(1). Read more...

Criminal Law & Procedure, Sentencing
US v. Villar, No. 10-1789
Conviction and sentencing of defendant for bank robbery charges is upheld where factual findings by district court that the jurors were not biased and that verdict was untainted are amply supported by the record and are not clearly erroneous. Read more...





Criminal Law & Procedure, Sentencing
US v. Cole, No. 10-1202
Conviction and sentencing of defendant for drug and Hobbs Act offenses in violation of 21 U.S.C. section 841(a)(1), 844 and 18 U.S.C. section 1951, are upheld where district court imposed a sentencing variance without the requisite notice because defendant was not prejudiced by the lack of notice and, assuming district court erred, error was neither clear nor obvious. Read more...

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