Torruella: Circuit Judge, First Circuit

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RI Hosp. v. Leavitt November 17, 2008
Appeal from the District of Rhode Island
Before: Howard, Torruella, Baldock
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Blogged:Appellate Law & Practice CA1: Medicare fight over research ends in heroic victory for government
Giragosian v. Ryan November 10, 2008
Appeal from the District of Massachusetts
Before: Torruella, Lipez, Baldock
environment, fourth amendment
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Blogged:Appellate Law & Practice CA1: vindicative license revocation okay due to preclusion
v. November 7, 2008
Appeal from the District of Maine
Before: Lynch, Howard, Torruella
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Blogged:Appellate Law & Practice CA1: laches and holocaust painting caseAppellate Law & Practice CA1: data-mined prescription information not protected speech Appellate Law & Practice CA1: Medicare fight over research ends in heroic victory for governmentAppellate Law & Practice CA1: moody teens, ERISA, and shortening the limitations period Appellate Law & Practice CA1: Girl interrupted was “molested” not “exploited”Appellate Law & Practice CA1: vindicative license revocation okay due to preclusion Appellate Law & Practice CA1: declaratory judgments not that preclusiveAppellate Law & Practice CA1: The District Court acted just too jerky in dismissing the complaintAppellate Law & Practice CA1: crack retroactivity doesn’t go below mandatory minimums Appellate Law & Practice CA1: Land Rover dealer not that oppressed Appellate Law & Practice CA1: developer plaintiff moves forward with “class of one” environmental caseAppellate Law & Practice CA1: a Checkbook is not a payment under ERISAAppellate Law & Practice CA1: the limits of Scott v. HarrisAppellate Law & Practice CA1: cops can take your drivers’ license without seizing youAppellate Law & Practice CA1: First speaks on material misrepresentation Appellate Law & Practice CA1: forfeiture remand in light of Santos and excessive fines clauseAppellate Law & Practice CA1: Fifteen year mandatory minimum for guy in wheelchair trying to produce child pr0n okay
v. November 6, 2008
Appeal from the District of Massachusetts
Before: Lynch, Torruella, Stahl
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Blogged:Appellate Law & Practice CA1: laches and holocaust painting caseAppellate Law & Practice CA1: data-mined prescription information not protected speech Appellate Law & Practice CA1: Medicare fight over research ends in heroic victory for governmentAppellate Law & Practice CA1: moody teens, ERISA, and shortening the limitations period Appellate Law & Practice CA1: Girl interrupted was “molested” not “exploited”Appellate Law & Practice CA1: vindicative license revocation okay due to preclusion Appellate Law & Practice CA1: declaratory judgments not that preclusiveAppellate Law & Practice CA1: The District Court acted just too jerky in dismissing the complaintAppellate Law & Practice CA1: crack retroactivity doesn’t go below mandatory minimums Appellate Law & Practice CA1: Land Rover dealer not that oppressed Appellate Law & Practice CA1: developer plaintiff moves forward with “class of one” environmental caseAppellate Law & Practice CA1: a Checkbook is not a payment under ERISAAppellate Law & Practice CA1: the limits of Scott v. HarrisAppellate Law & Practice CA1: cops can take your drivers’ license without seizing youAppellate Law & Practice CA1: First speaks on material misrepresentation Appellate Law & Practice CA1: forfeiture remand in light of Santos and excessive fines clauseAppellate Law & Practice CA1: Fifteen year mandatory minimum for guy in wheelchair trying to produce child pr0n okayAppellate Law & Practice CA1: District Court made all sorts of errors in awarding sanctions Appellate Law & Practice CA1: speedy trial act and conspiracy counts Appellate Law & Practice CA1: some – but not all – cops are abusing trust by buying drugsAppellate Law & Practice CA1: tax blindness instructionAppellate Law & Practice CA1: No 5th or 6th problem in trickery caseAppellate Law & Practice CA1: pleading the Fifth in one proceeding prevents use in later MSJAppellate Law & Practice CA1: attorney fees in successful forfeiture cutAppellate Law & Practice CA1: jury can always draw inferences against poor peopleAppellate Law & Practice CA1: It’s okay to Begay outside of of the ACCAHow Appealing "Justices question doctrines at heart of union-fees case"Decision of the Day Another Reason To Say No To DrugsDecision of the Day Posner Gets A Big One RightDecision of the Day Finally, Some Questions about the Wisdom of RLUIPADecision of the Day Seventh Upholds Student’s Right to Wear “Be Happy, Not Gay” T-ShirtDecision of the Day Seventh Chastises Ninth for Encouraging Mickey Mouse Law SuitsDecision of the Day Second Lets Whitman Off the Hook for Post-9/11 LiabilityDecision of the Day Crossing the Border? Leave Your Laptop at HomeDecision of the Day Fifth Circuit Divides Over How To Handle Sentencing ErrorCalifornia Appellate Report U.S. v. Williams (9th Cir. - Nov. 6, 2008)California Appellate Report Rogers v. Royal Carribean Cruise Lines (9th Cir. - Nov. 6, 2008)California Appellate Report E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc. (9th Cir. - Nov. 5, 2008)California Appellate Report People v. Stier (Cal. Ct. App. - Nov. 5, 2008)California Appellate Report Payne v. Rader (Cal. Ct. App. - Nov. 4, 2008)California Appellate Report People v. Garcia (Cal. Ct. App. - Nov. 4, 2008)
Mogel v. UNUM Life Ins. November 6, 2008
Appeal from the District of Massachusetts
Before: Torruella, Boudin, Schwarzer
finance
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Blogged:Appellate Law & Practice CA1: a Checkbook is not a payment under ERISA
Parker v. Gerrish November 5, 2008
Appeal from the District of Maine
Before: Torruella, Boudin, Dyk
fourth amendment
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Blogged:Appellate Law & Practice CA1: the limits of Scott v. Harris
US v. Levesque October 30, 2008
Appeal from the District of Maine
Before: Lynch, Torruella, Stahl
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Blogged:Appellate Law & Practice CA1: forfeiture remand in light of Santos and excessive fines clause
Mathew v. Mukasey October 29, 2008
Review of Board of Immigration Appeals decision
Before: Lynch, Torruella, Boudin
immigration
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Williams v. Marshall October 29, 2008
Appeal from the District of Massachusetts
Before: Torruella, Boudin, Schwarzer
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Zheng v. Gonzales October 29, 2008
Review of Board of Immigration Appeals decision
Before: Lynch, Torruella, Boudin
immigration
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Cossette v. US Dept of Agricultu October 27, 2008
Appeal from the District of New Hampshire
Before: Lynch, Torruella, Boudin
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US v. Grullon October 24, 2008
Appeal from the District of Massachusetts
Before: Torruella, Boudin, Schwarzer
criminal
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Blogged:Appellate Law & Practice CA1: speedy trial act and conspiracy counts
Siahaan v. Mukasey October 17, 2008
Review of Board of Immigration Appeals decision
Before: Selya, Torruella, Nguez
immigration
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US v. Morales-Machuca October 17, 2008
Appeal from the District of Puerto Rico
Before: Selya, Howard, Torruella
criminal, sentencing
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Blogged:Appellate Law & Practice CA1: jury can always draw inferences against poor people
US v. Jackson October 8, 2008
Appeal from the District of Maine
Before: Torruella, Boudin, Dyk
criminal, fifth amendment
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Blogged:Appellate Law & Practice CA1: Judge Dyk sides with defendants in Miranda case
El-Labaki v. Mukasey October 1, 2008
Review of Board of Immigration Appeals decision
Before: Howard, Torruella
immigration
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Blogged:Appellate Law & Practice CA1: Petitioner not beaten enough for asylum
Kadri v. Mukasey September 30, 2008
Review of Board of Immigration Appeals decision
Before: Lynch, Torruella, Stafford
immigration
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Blogged:Appellate Law & Practice CA1: remand in Indonesian homosexual economic persecution case
Keo v. Mukasey September 25, 2008
Review of Board of Immigration Appeals decision
Before: Torruella, Lipez, Baldock
immigration
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Blogged:Appellate Law & Practice CA1: Cambodian petition not taken seriously
Rabbat v. Mukasey September 24, 2008
Review of Board of Immigration Appeals decision
Before: Howard, Torruella, Baldock
immigration
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Blogged:Appellate Law & Practice CA1: First abdicates its role in reviewing immigration cases
Welch v. Ciampa September 23, 2008
Appeal from the District of Massachusetts
Before: Torruella, Lipez, Cudahy
discrimination, first amendment
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Blogged:Appellate Law & Practice CA1: cop fight results in valid First Amendment claims

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