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  • Torres v. National Starch, 1st Cir. (1997)

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    The US Court of Appeals for the First Circuit affirmed the district court's grant of summary judgment in favor of the defendants in a case brought by Luis Torres. The appellate court reviewed the district court record and briefs and found the district court's opinions and orders properly granted summary judgment for essentially the reasons provided. The court also found Torres forfeited appellate review of the notice issue regarding one defendant's motion for summary judgment by not first raising it in the district court.

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    Filed: 1997-09-26 Precedential Status: Precedential Docket: 96-2194

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    The US Court of Appeals for the First Circuit affirmed the district court's grant of summary judgment in favor of the defendants in a case brought by Luis Torres. The appellate court reviewed the district court record and briefs and found the district court's opinions and orders properly granted summary judgment for essentially the reasons provided. The court also found Torres forfeited appellate review of the notice issue regarding one defendant's motion for summary judgment by not first raising it in the district court.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    6 views4 pages

    Torres v. National Starch, 1st Cir. (1997)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the First Circuit affirmed the district court's grant of summary judgment in favor of the defendants in a case brought by Luis Torres. The appellate court reviewed the district court record and briefs and found the district court's opinions and orders properly granted summary judgment for essentially the reasons provided. The court also found Torres forfeited appellate review of the notice issue regarding one defendant's motion for summary judgment by not first raising it in the district court.

    Copyright:

    Public Domain
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    of 4

    USCA1 Opinion

    [NOT FOR PUBLICATION]


    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT
    ____________________
    No. 96-2194
    LUIS A. TORRES,
    Plaintiff, Appellant,
    v.
    NATIONAL STARCH & CHEMICAL CORP., ET AL.,
    Defendants, Appellees.
    ____________________

    APPEAL FROM THE UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF PUERTO RICO
    [Hon. Juan M. Perez-Gimenez, U.S. District Judge]
    ____________________

    Before
    Boudin, Stahl and Lynch, Circuit Judges.
    ____________________
    Luis R. Torres on brief pro se.
    Juan
    Carlos
    Morales
    Ducret and

    Reichard
    &

    Escalera on brief fo
    appellee Mallinckrodt Chemical, Inc.
    Don M. Kennedy
    ,
    Brooks R. Brown
    ,
    Goodwin, Procter & Hoar
    ,
    Manuel
    Guzman, Rosa
    Maria
    Cruz, and

    McConnell

    Valdes on brief for appelle


    Fisher Scientific Company.
    Enrique Peral and Munoz
    Boneta
    Gonzalez Arbona
    Benitez &
    Peral
    brief for appellee Baxter Healthcare Corp.
    Ricardo
    R. Rodriguez-Padilla, Orlando
    Duran-Medero and Ricardo
    Rodriguez-Padilla
    Law

    Offices on brief for appellee JT Baker Chemica


    Company.

    ____________________
    SEPTEMBER 25, 1997
    ____________________

    Per Curiam
    . We have carefully reviewed the district

    court record and the parties' briefs and affirm the judgment of
    the district court for essentially the reasons set out in its
    Opinions and Orders, dated March 23, 1995 and July 9, 1996.
    In relation to the court's grant of summary judgment
    for JT Baker Chemical Co., appellant only argues that he never
    received notice of Baker's motion; he does not claim that he
    failed to receive a copy of the district court's opinion
    granting summary judgment. By not presenting the question of
    notice to the district court in the first instance, appellant
    has forfeited appellate review of the issue.

    See Johnston v.

    Holiday
    Inns,
    Inc., 595 F.2d 890, 894 (1st Cir. 1979). We

    therefore do not address the merits of the Opinion and Order,


    dated August 22, 1995.
    Affirmed.

    See Local Rule 27.1.

    -2-

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