1st Circuit Court of Appeals, January, 2010, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - January 20 - January 27, 2010

Bukuras v. Mueller Group, LLC, Nos. 08-2160, 08-2161, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 20, 2010, Decided
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Overview: Employer was not required under employment agreement to include employee's transaction bonus in the calculation of his severance payment because transaction bonus was not paid or payable for fiscal year immediately preceding his termination and was, thus, outside scope of severance provision, and parties intended "the bonus" to mean "annual bonus."

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Clements v. Clarke, No. 09-1629, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 20, 2010, Decided
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Overview: It was error to grant prisoner's 28 U.S.C.S. ? 2254 habeas petition as state court's treatment of jury coercion issue was not unreasonable as U.S. Supreme Court decision's totality of circumstances test allowed for great deal of leeway, and state court reviewed relevant transcript, considered judge's actions, and concluded they were not improper.

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Lessard v. Wilton-Lyndeborough Coop. Sch. Dist., No. 08-2244, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 20, 2010, Decided
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Overview: Hearing officer's decision upholding defendant school district's proposed 2005-06 plan and placements was properly upheld because the child's teachers indicated that she was progressing at a level commensurate with her cognitive profile.

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Butynski v. Springfield Terminal Ry., No. 09-1164, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 22, 2010, Decided
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Overview: A jury verdict finding employer railway only 40 percent at fault under the FELA was affirmed because it reasonably could have found either that a trackman had failed to request new ice creepers or that he did not request them in a timely manner; it also could have found that the railway had ice creepers on hand and available for the asking.

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Gray v. Brady, No. 08-2548, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 25, 2010, Decided
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Overview: Petitioner's argument for habeas relief based on a state courts' refusal to find a prima facie case of discrimination was rejected because with no evidentiary showing whatsoever, it could not assume that "minorities" constituted a cognizable group essential to showing that the prosecutor intentionally discriminated against such a group.

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Ortiz-Rivera v. Astra Zeneca LP, No. 09-1453, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 25, 2010, Decided
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Overview: A former employee failed to demonstrate that her former employer's reason for firing her, namely: that she was dishonest in her work and reports, was pretextual, and thus, her ADEA claim was properly dismissed. The ageist remarks the employee pointed to were insufficient to prove discriminatory intent.

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United States v. Alfonzo-Reyes, Nos. 06-1484 & 06-1501, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 25, 2010, Decided
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Overview: There was sufficient evidence for the jury to conclude that the wife consciously shared her husband's knowledge of the scheme to defraud the Farm Service Agency (FSA) in violation of 18 U.S.C.S. ? 1014, and worked to further the scheme by processing numerous FSA applications with inflated damages and falsified invoices.

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J.R. v. Gloria, No. 09-1404, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 27, 2010, Decided
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Overview: Qualified immunity on ? 1983 substantive due process claims was properly granted to defendant social worker and her supervisor because the allegations of plaintiff parents, whose twins were allegedly abused while in foster care, met neither the conscience-shocking standard nor the deliberate indifference standard.

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Mass. Museum of Contemporary Art Found., Inc. v. Buchel, No. 08-2199, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 27, 2010, Decided
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Overview: District court improperly granted summary judgment to museum on artist's 17 U.S.C.S. ? 106A(a)(3)(A) right-of-integrity claim because there was sufficient record evidence for jury to conclude that museum modified unfinished artwork over artist's objections in manner that harmed his honor or reputation.

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Weng v. Holder, No. 09-1273, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 27, 2010, Decided
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Overview: Alien's petition for review was denied because there was no real dispute that the discrepancies between her interview answers and her testimony, on which the BIA and IJ relied to find her not credible, were present in the record and there was no dispute that the discrepancies went to the heart of her claim of past and future religious persecution.

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