Cases

KAYATTA, Circuit Judge. Plaintiff Murielle Abdallah and the members of the class that she seeks to represent worked in a luggage factory in Hénin-Beaumont, France. The factory was owned by Samsonite, which was in turn controlled by an investment group led by Bain Capital, LLC. In 2005, Samsonite sold the factory to a thinly-capitalized third party, HB Group. In early 2007, a Fre

MEMORANDUM AND ORDER TAURO, District Judge. 1. Introduction This case stems from the purchase of a majority interest in Samsonite by an investor pool that included Defendant Bain Capital, LLC (“Bain”). After the purchase of Samsonite, a factory owned by Samsonite in Hénin-Beaumont, France was sold to HB Group and was subsequently shuttered. Plaintiff Murielle Abdall

FOR PUBLICATION UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT _______________________________ BAP NO. MW 20-037 _______________________________ Bankruptcy Case No. 19-40426-EDK Adversary Proceeding No. 19-04036-EDK _______________________________ SUSAN SCUBLA,

FOR PUBLICATION UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT _______________________________ BAP NO. PR 21-017 _______________________________ Bankruptcy Case No. 18-07304-ESL _______________________________ VAQUERIA LAS MARTAS, INC.,

MEMORANDUM AND ORDER PEDRO A. DELGADO-HERNÁNDEZ, District Judge. Plaintiffs Mark and Teresita Smith initiated this action against Otis Elevators and others claiming to have suffered damages on account of defendants’ negligence under Article 1802 of the Puerto Rico1 Civil Code, P.R. Laws Ann. tit. 31 § 5141. Before the court is Otis’ motion to dismiss on timeliness grounds (Docket No. 34), which plaintiffs

Feeney, U.S. Bankruptcy Appellate Panel Judge. : Noreen Wiseoviteh-Rentas, the plaintiff and chapter 7 trustee (the “Trustee”), ap-' peals from the following bankruptcy court orders relating to her complaint seeking to avoid and recover preferential transfers: (1) the December. 2, 2014 order (the “Order”) granting the motion for summary judgment filed by the defendant-appellee, Villa Blanca VB Plaza LLC, a/k/a Villa Blanca S

PER CURIAM. In 2015, John Rife filed an 8-count complaint in state court against the servicers, holders, and assignees of his mortgage loan which had been executed in 2006. The pertinent defendants include: One West Bank, F.S.B.; Mortgage Electronic Registration Systems, Inc. (MERS); Indy Mac Mortgage Services; ' and Deutsche Bank National Trust Company, as trustee/mas

ORDER AND MEMORANDUM ON DEFENDANTS' MOTION TO DISMISS (Docket No. 10) HILLMAN, D.J. Gordon Duke ("Plaintiff") brought a negligence claim against the United States of America ("Defendant") under the Federal Torts Claims Act ("FTCA") claiming that Dr. Terry F. Osborne, II ("Dr. Osborne") negligently prescribed him amphetamines, causing injury and damage after he relapsed into addiction. Defendant moves

(iii) Obtains the consumer's affirmative consent, or opt-in, to the institution's payment of ATM or one-time debit card transactions; and (iv) Provides the consumer with confirmation of the consumer's consent in writing, or if the consumer agrees electronically, which includes a statement informing the consumer of the right to revoke such consent.

FOR PUBLICATION UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT _______________________________ BAP NO. MB 18-053 _______________________________ Bankruptcy Case No. 17-12708-FJB _______________________________ PAUL FRANCIS, Debtor. _______________________________

BARRON, Circuit Judge. This case concerns an appeal from the dismissal of a suit that challenges the lawfulness of a 2012 foreclosure sale of a home in Massachusetts. The property at issue formerly belonged to the plaintiffs: Pedro Flores, Esther Yanes-Álvarez, and Rosa Yanes. Their complaint set forth numerous claims alleging, among other things, that the defendants-OneWest Bank, Indym

KAYATTA, Circuit Judge. CVS Pharmacy, Inc. (“CVS”) sells a Vitamin E dietary supplement with a label that touts the product as supporting “heart health.” Having purchased CVS’s Vitamin E product, Ronda Kaufman alleges that CVS’s label deceives consumers because no scientifically valid studies show that the label’s “heart health” statements are both truthful and not misleading. F

FOR PUBLICATION UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT _______________________________ BAP NO. MW 20-011 _______________________________ Bankruptcy Case No. 17-40675-EDK Adversary Proceeding No. 17-04055-EDK _______________________________

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION FOR LEAVE TO AMEND SAYLOR, United States District Judge This is an action for negligence and wrongful death under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. Plaintiff Peter Camerano is the personal representative of the estate of Patrick Camerano, his late father. The complaint alleges that negligen

MEMORANDUM & ORDER GORTON, District Judge. Plaintiff Karen Arcieri (“Arcieri”) alleges that defendant New York Life Insurance Company (“New York Life”) breached the terms of a life insurance policy by 1) improperly amending the designation of the beneficiaries of the policy without her consent or knowledge and 2) distributing the proceeds in accordance with that amendment.

MEMORANDUM TAURO, District Judge. 1. Introduction Plaintiff Jennifer Broderick (“Broderick”) brings this suit against Defendant PNC Financial Services Group, Inc. (“PNC”) arising out of Broderick’s home mortgage loan. Broderick alleges that National City Mortgage (“NCM”) engaged in unfair and deceptive trade practices when it originated her home mortgage loan, and t

MEMORANDUM AND ORDER1 BESOSA, District Judge. On May 19, 2014, plaintiff Marisol Rivera-Torres (“Rivera-Torres”) filed a complaint against Fleming Castillo (“Castillo”), individually and as assistant prosecutor for the San Juan District Attorney’s Office; Edgardo Rivera-Rodriguez (“Rivera-Rodriguez”), individually and as an officer of the Puerto Rico Police Department; and Willia

MEMORANDUM & ORDER GORTON, Judge. This case arises from a dispute concerning a mortgage on property located at 89 Pimlico Pond in Mashpee, Massachusetts (“the property”). A motion to dismiss filed by defendants Ditech Financial, LLC, f/k/a Green Tree Servicing, LLC (“Ditech”), Mortgage Electronic Registration Systems, Inc. (“MERS”) and the Bank of New York Mellon, f/k/a the Bank of New York as Trustee

United States Court of Appeals For the First Circuit No. 18-1995 SCOTT BREIDING; AMY POLLUTRO; MIKAELA ORTSTEIN-OTERO; BENJAMIN ROSE; MARGARET LEWIS; RICHARD LEWIS; ERIC LONG; PETER STEERS; BRADFORD KEITH; JOHN ODUM; DAVID LEIGHTON; DONNA CORDEIRO; JANICE ANGELILLO; ANNA MARIA FORNINO; MICHELE CASSETTA; JUDY CENNAMI, on behalf of themselves and others similarly situated, Plaintiffs, Appellants, ERIK ALLEN; NICHOLAS COR

Fagone, U.S. Bankruptcy Appellate Panel Judge. Alexis Ramirez Rosado and Elsie E. Berrios Salgado (collectively, the “Debtors”) appeal from the bankruptcy court’s order denying their motion seeking the imposition of sanctions for contempt against Banco Popular de Puerto Rico (“Banco Popular”) under § 105, on account of an alleged violation of the discharge injunction.1 They also seek to appeal from