1st Circuit Court of Appeals, January, 2008, Federal Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

Federal Courts - 1st Circuit Court of Appeals - January 15 - January 18, 2008

Gjiknuri v. Mukasey, No. 07-1328, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 15, 2008, Decided
View this case - free

Overview: Aliens' petition for review of the BIA's denial of their applications for withholding of removal under 8 U.S.C.S. ? 1231 and asylum under 8 U.S.C.S. ? 1158 was foreclosed by circuit precedent, which upheld BIA findings based on country condition reports that persons of the aliens' political persuasion were not subject to persecution in Albania.

Search Cases for Free

Miles v. Funk, No. 07-1057, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 15, 2008, Decided
View this case - free

Overview: Defendants were properly granted summary judgment on plaintiffs' 42 U.S.C.S. ? 1983 claim because plaintiffs did not allege that the procedure for enforcement of settlement agreements under New Hampshire state law was unconstitutional. Allegations of private misuse of state procedures was not enough.

Search Cases for Free

CytoLogix Corp. v. Ventana Med. Sys., No. 07-2629, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 17, 2008, Decided
View this case - free

Overview: Where claims in patent infringement and antitrust cases were considered in both trials, an appeal to the U.S. Court of Appeals for the First Circuit was dismissed as, per 28 U.S.C.S. ? 1295(a), the U.S. Court of Appeals for the Federal Circuit had exclusive jurisdiction given that, once combined, jurisdiction arose for both per 28 U.S.C.S. ? 1338.

Search Cases for Free

United States v. Pomales-Lebron, No. 06-1620, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 17, 2008, Decided
View this case - free

Overview: Defendant's Fed. R. Crim. P. 29 motion for acquittal following his drug distribution convictions under 21 U.S.C.S. ?? 841, 846 and 18 U.S.C.S. ? 2 was properly denied as, taken together, recorded conversations and a confidential source's testimony provided ample evidence from which a rational juror could find him guilty beyond a reasonable doubt.

Search Cases for Free

C.G. v. Five Town Cmty. Sch. Dist., No. 07-1708, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 18, 2008, Decided
View this case - free

Overview: Parents who sent their daughter to out-of-state residential institution once they realized that school district would recommend IEP that provided for nonresidential public school placement were not entitled to reimbursement of costs they incurred. 20 U.S.C.S. ? 1412(a)(10)(C)(iii)(III) provided grounds for denying parents' claim for reimbursement.

Search Cases for Free

Gagliardi v. Sullivan, No. 06-2680, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 18, 2008, Decided
View this case - free

Overview: Board member's ? 1983 case alleging that his First and Fourteenth Amendment rights were violated upon the board's dissolution was properly dismissed as, though he cited speech that gave rise to the alleged retaliatory dissolution, pursuant to 29 U.S.C.S. ??2832(c), neither the mayor that he sued nor a city official was responsible for the decision.

Search Cases for Free

Nascimento v. Preferred Mut. Ins. Co., No. 07-1792, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 18, 2008, Decided
View this case - free

Overview: Summary judgment in favor of the insurance company on the insured's claim for a judgment that the insurance company was under an obligation to defend him in an environmental liability suit brought against him by his neighbors was proper because the allegations in the complaint were expressly outside the coverage of the policy.

Search Cases for Free

Naser Jewelers, Inc. v. City of Concord, No. 07-2098, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 18, 2008, Decided
View this case - free

Overview: District court did not err when it denied merchant's request for an order enjoining City of Concord, New Hampshire, from enforcing Concord, N.H., Code of Ordinances ? 28-6-7(h). The ordinance, which prohibited use of electronic messaging centers in Concord, was content-neutral and promoted the valid goals of traffic safety and community aesthetics.

Search Cases for Free

United States v. Urciuoli, No. 07-1297, No. 07-1327, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 18, 2008, Decided
View this case - free

Overview: Convictions pursuant to 18 U.S.C.S. ?? 1341 and 1346 were vacated because the jury instructions wrongly allowed conviction for "honest services" mail fraud based on defendants' payments for a state senator's lobbying of mayors. Urging mayors to comply with state law could not qualify as a deprivation of the "honest services" owed to the public.

Search Cases for Free

Communities Portal