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| Mass. Eye & Ear Infirmary v. QLT Phototherapeutics, Inc., Nos. 07-2615, 07-2616,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 12, 2009, Decided
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Overview: In suit involving patent development and unjust enrichment, a company's actions were found oppressive and unfair within the meaning of Mass. Gen. Laws. ch. 93A, ¿¿ 2(a) and 11, because combination of extracting highly valuable leverage in a misleading manner and then avoiding payment in accordance with prior promises was unscrupulous and dishonest.
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| Ravix v. Mukasey, No. 08-1128,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 12, 2009, Decided
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Overview: Asylum application of a husband, a wife, and children from Haiti was properly denied under 8 U.S.C.S. ¿ 1101 because, inter alia, aside from an incident where the husband was hit by a stone, their claims amounted to a series of isolated threats and harassment regarding their political activities; CAT application was properly denied.
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| United States v. Almenas, No. 06-2513,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 12, 2009, Decided
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Overview: Where defendant pled guilty to selling crack cocaine, he was properly categorized as a career offender under U.S. Sentencing Guidelines Manual ¿¿ 4B1.1 and 4B1.2 because his prior resisting-arrest conviction under Mass. Gen. Laws ch. 268, ¿ 32B qualified both as a prior felony conviction and a crime of violence; also, his sentence was reasonable.
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| United States v. Miller, No. 08-1260,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 12, 2009, Decided
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Overview: Sufficient evidence was presented to prove beyond a reasonable doubt that defendant was the one who robbed a bank because, inter alia, two tellers' descriptions of the robber matched defendant's description of himself, the get-away car was registered at his address, and he admitted that he was driving the car before and after the robbery.
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| United States v. Quinones-Medina, No. 07-2697,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 12, 2009, Decided
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Overview: Taken in the aggregate, the court's orders on a number of sentencing issues, coupled with what the court actually said at the disposition hearing, made it clear that the court neither applied the Guidelines sentencing range mechanically nor gave the 18 U.S.C.S. ¿ 3553(a) factors short shrift. Thus, there was no error, plain or otherwise.
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| Xiaofeng Liu v. Mukasey, No. 08-1350,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 12, 2009, Decided
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Overview: BIA did not abuse its discretion in denying motion to reconsider denial of asylum because motion was deficient under 8 C.F.R. ¿ 1003.2(b)(1) in that it failed to identify any material error of law or fact in earlier decisions and alien did not voice before the IJ the assertion that alien would be exposed to persecution as result of seeking asylum.
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| Doe v. Leavitt, No. 08-1431,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 14, 2009, Decided
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Overview: Hospital properly reported physician's resignation pursuant to 42 U.S.C.S. ¿ 11133(a)(1)(B)(i) because it was properly determined administratively that an "investigation" ended only when health care entity's decisionmaking authority either took final action or formally closed the investigation. Those steps had not occurred in the physician's case.
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| United States v. McGuire, No. 08-1461,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 14, 2009, Decided
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