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| Rivera-Martinez v. Puerto Rico, No. 05-2605,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 4, 2007, Decided
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Overview: Summary judgment for defendants in employee's suit under Title VII, 42 U.S.C.S. § 2000e et seq., and P.R. Const. art. I, § 2, was affirmed because employee failed to show that alleged harassment was because of gender. She claimed that she was "sexually touched" on the forearm and that her supervisor grabbed her and pushed her out of his office.
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| United States v. Alvarez-Cuevas, No. 06-1075,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 4, 2007, Decided
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Overview: District court did not err when it denied defendant's motion seeking preparation of a new presentence investigation report (PSR) before he was sentenced for hostage taking because factors defendant asked court to consider were addressed in original PSR and defendant did not raise specific mitigating facts related to those factors at resentencing.
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| Velazquez-Garcia v. Horizon Lines of P.R., Inc., No. 06-1082,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 4, 2007, Decided
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Overview: Summary judgment was not appropriate in an action under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) where a former employee presented sufficient facts to create issues of fact on whether his military status was a motivating factor in his dismissal and whether his employer's reason was pretext.
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| Frei v. Town of Holland, No. 06-1523,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 5, 2007, Decided
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Overview: Entry of judgment on the pleadings was affirmed substantially for the reasons set forth in the district court's order; the reviewing court only added a few comments, noting for instance that a landowner's substantive due process claim based on allegations of perjury, falsification of documents, and retaliation failed under First Circuit precedent.
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| Vives v. Fajardo, No. 05-2813,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 5, 2007, Decided
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Overview: Summary judgment in favor of education employees and a public official was affirmed because the evidence did not establish retaliatory animus pursuant to 29 U.S.C.S. § 794a on the employees' part in reporting a child's parents for negligence, and while summary judgment was granted to the official without adequate notice, there was no prejudice.
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| Collins v. Greater Atl. Mortg. Corp. (In re Lazarus), No. 06-1982,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 9, 2007, Decided
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Overview: Earmarking doctrine did not provide an escape from the preferential transfer rule under 11 U.S.C.S. § 547(b) to a mortgagee that belatedly-perfected its mortgage and the transfer was not excepted under § 547(c) because the court refused to expand the 10-day recording limitation so that the transfer might qualify as a contemporaneous exchange.
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| Payne-Barahona v. Gonzales, No. 06-1420,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 10, 2007, Decided
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Overview: An alien's argument that the Fifth Amendment provided his U.S. born children the right to have their father reside in the U.S. as grounds for the cancellation of his removal was rejected; a parent's otherwise valid deportation did not violate a child's constitutional rights.
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| Punsoda-Diaz v. Ford Motor Co., No. 06-1799,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 10, 2007, Decided
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Overview: To prevail on a claim of defective air bag design, plaintiff vehicle owner needed to show the air bag design proximately caused his injury, but he made no such showing, and thus, the court affirmed the district court's granting of summary judgment in favor of defendant manufacturer.
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| United States v. Rodriguez-Rivera, No. 05-1428,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 10, 2007, Decided
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Overview: Defendant's convictions for his role in two robberies and sentence were affirmed because he failed to show why being denied discovery about his co-conspirators prejudiced him, that the judge abused her discretion and denied him a fair trial, or that his sentence was imposed in violation of the Due Process or Ex Post Factor Clauses.
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