Garcia-Garcia v. Costco Wholesale Corp.

After approximately 11 years of working his way up the Costco employment ladder, Garcia was fired following an investigation which revealed an inventory discrepancy in the Meat Department that he managed. Garcia sued, alleging six Puerto-Rico-based claims. The First Circuit affirmed summary judgment in favor of Costco, upholding the admission of affidavits by Costco employees and attached exhibits. Puerto Rico’s “Law 80,” provides a remedy to employees who are discharged “without just cause.” Costco met its burden of proving just cause, which was not rebutted by evidence of Garcia’s employment…

United States v. Rivera-Cruz, No. 16-2398 (1st Cir. 2017)

Police officers were searching a mall for a motorcyclist who had violated traffic laws when they were spotted by Rivera-Cruz, who ran, yelling “police!” into a walkie-talkie. The officers recovered a loaded revolver with an obliterated serial number from a fanny pack that Rivera-Cruz had tossed onto the ground during his flight. On the eve of trial, Rivera-Cruz pleaded guilty to being a felon in possession of a firearm. The Sentencing Guidelines calculations in his plea agreement included a three-level reduction in offense level for acceptance of responsibility. The plea…