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| Malloy v. WM Specialty Mortg. LLC, No. 07-1026,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 7, 2008, Decided
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Overview: There was no substantive or procedural abuse of discretion in Fed. R. Civ. P. 37(b)(2)(C) dismissal of action because plaintiffs' failure to provide discovery responses after motion to compel was granted was part of a broader pattern of delay, for which no legitimate excuse was proffered, and plaintiffs had ample notice of prospect of dismissal.
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| Picciotto v. Cont'l Cas. Co., No. 06-2685,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 7, 2008, Decided
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Overview: Where an attorney was a necessary and an indispensable party to a civil conspiracy suit per Fed. R. Civ. P. 19, but her joinder would destroy 28 U.S.C.S. ¿ 1332 jurisdiction, the suit was properly dismissed as there was no jurisdiction with or without her, and so there was no suit to which 28 U.S.C.S. ¿¿1367 supplemental jurisdiction could attach.
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| Goulet v. New Penn Motor Express, Inc., No. 06-2487,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 8, 2008, Decided
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Overview: Directed verdict for employer on union member's hybrid claim for breach of labor agreement by employer and breach of duty of fair representation by union, in violation of 29 U.S.C.S. ¿ 185 was affirmed because any error in directing a verdict was harmless. The same issues and evidence would have been presented to jury had employer not been let out.
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| Tobon-Marin v. Mukasey, No. 07-1113,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 8, 2008, Decided
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Overview: Aliens' petitions for review were denied because coercive practices in attempting to conscript aliens for guerrilla group did not trigger an entitlement to political asylum under 8 U.S.C.S. ¿ 1101(a)(42)(A). Aliens failed to provide specific evidence that group targeted aliens to punish them for their pro-government, anticommunist political views.
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| Hanna v. Sec'y of the Army, No. 07-1090,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 9, 2008, Decided
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Overview: Trial court properly found that there was no basis in fact for the denial of an Army doctor's application for discharge as a conscientious objector under former C.F.R. ¿ 75.5 because denial could not be based on the timing of her application, her religious beliefs against war were sincere, and the late crystallization of her beliefs was plausible.
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| Lee-Barnes v. Puerto Ven Quarry Corp., No. 06-2581,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 9, 2008, Decided
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Overview: Trial court improperly, per Fed. R. Civ. P. 54(b), certified its ruling declaring a surety bond null as the bonding company was not a party to the suit and the order did not dispose of a claim nor resolve a cause of action but pertained only to the bond's validity; also, the collateral order doctrine did not apply to confer appellate jurisdiction.
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| Maramis v. Mukasey, No. 07-1552,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 9, 2008, Decided
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Overview: Where an alien, a native and citizen of Indonesia, sought asylum and withholding of removal, his petition was properly denied as an IJ properly found that he failed to show a pattern or practice of persecution against Christians in Indonesia; a 2005 International Freedom Religious Report reflected measured progress rather than increasing conflict.
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| ACA Fin. Guar. Corp. v. Advest, Inc., No. 07-1367,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 10, 2008, Decided
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Overview: Bond purchasers' allegations regarding college's planned financial aid expenditures for 1998-1999 school year failed to establish an inference of scienter that was cogent and at least as compelling as available competing inferences of non-fraudulent conduct. Dismissal of the 15 U.S.C.S. ¿ 78j(b) and 17 C.F.R. ¿ 240.10b-5 claims was appropriate.
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| Cerqueira v. Am. Airlines, Inc., No. 07-1824,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 10, 2008, Decided
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Overview: Judgment for airline passenger, who asserted that his removal from a flight violated his rights under 42 U.S.C.S. ¿ 1981, was reversed because trial court failed to instruct jury on statutory permission to air carriers to remove passengers under 49 U.S.C.S. ¿ 44902(b); it also gave instructions inconsistent with that statute and otherwise in error.
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| Saliba v. Mukasey, No. 07-1647,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 10, 2008, Decided
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Overview: When the claim of an alien, a native of Lebanon, for 8 U.S.C.S. ¿ 1158 asylum failed, review was denied as he lived in the U.S. for over nine years before he filed, rendering the claim untimely per ¿¿1158(a)(2)(B), and the reviewing court's lack of jurisdiction over a finding that the time limit should not be waived was not a due process violation.
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