Latest 2 Cases: United States v. Diaz-Rivera (Criminal Law), Zell v. Ricci (Personal Injury)

Even During a Pandemic, Fear-Mongering About the Debt Has Predictably Reared Its Ignorant Head

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why we should not be concerned about increasing the federal government’s debt, despite what some journalists are suggesting. Buchanan points out that sometimes—such as during a pandemic or other crisis—the federal government should borrow more to prevent a downward economic spiral.

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United States v. Diaz-Rivera

Docket: 18-1461

Opinion Date: April 20, 2020

Judge: Torruella

Areas of Law: Criminal Law

The First Circuit affirmed Defendant's upwardly variant sentence for one count of possession with intent to distribute cocaine and one count of using a firearm during and in relation to a drug-trafficking crime, holding that the sentence was neither procedurally nor substantively unreasonable. Pursuant to a plea agreement, Defendant pled guilty to drug-related crimes. After a sentencing hearing, the district court sentenced Defendant to an upwardly variant sentence of 180 months of imprisonment, thus declining to impose the government's requested sentence. On appeal, Defendant challenged both the procedural and substantive reasonableness of his sentence. The First Circuit affirmed, holding that the 180-month sentence was neither procedurally nor substantively unreasonable.

Zell v. Ricci

Dockets: 18-1372, 18-1608

Opinion Date: April 20, 2020

Judge: Ojetta Rogeriee Thompson

Areas of Law: Personal Injury

The First Circuit affirmed in part and vacated in part the judgment of the district court dismissing Plaintiff's case against various defendants, holding that the district court did not err in dismissing Plaintiff's federal law claims or state law negligent training/supervision claim but erred in dismissing Plaintiff's state law negligence claim. Kelsey Zell, a high school junior, was hit by a fellow student and sustained a concussion. Zell faced a one-day suspension for her role in the altercation. Zell and her parents (together, Plaintiffs) unsuccessfully challenged the suspension decision. Plaintiffs later filed a complaint against the school district's superintendent, the dean of students, and other school officials, alleging several claims. The district court dismissed the claims and denied Plaintiffs' motion to amend their complaint. The court then denied Defendants' motion for sanctions. The First Circuit affirmed in part and vacated in part, holding that the district court (1) did not err in dismissing Zell's federal law claims or state law negligent training/supervision claim and Zell's motion to amend as it relates to these issues; (2) did not err in denying the denial of Defendant's motion for sanctions against Zell's counsel; but (3) erred in dismissing Plaintiff's state law negligence claim.