1st Circuit Court of Appeals, January, 2007, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - January 18 - January 19, 2007

Douglas v. J.C. Penney Co., No. 06-1606, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 18, 2007, Decided
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Overview: Summary judgment was properly entered against employee on discrimination, harassment, and hostile work environment claims under Title VII and Mass. Gen. Laws ch. 151B because employee's performance evaluations, based on objective criteria, were poor prior to allegations of race or gender bias. He failed to prove that his dismissal was pretextual.

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OneBeacon Ins. Co. v. Georgia-Pacific Corp., No. 06-1993, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 18, 2007, Decided
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Overview: Because policy language and case law favored the insured, and the insurance company had not shown that reducing aggregate coverage produced a result that was either fairer or closer to reasonable expectations, the holding that the insurance contract nowhere contemplated proration of the annual aggregate limit was affirmed.

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Rodriguez Camacho v. Doral Fin. Corp. (In re Rodriguez Camacho), BAP NO. PR 06-013; Bankruptcy Case No. 04-13097 (SEK), UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, January 18, 2007, Decided
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Overview: The bankruptcy court erred in denying debtors' request for reconsideration and reinstatement of the automatic stay pursuant to Fed. R. Civ. P. 60(b) on the basis that reconsideration was not available after the automatic stay was terminated because there was no all-embracing exclusion of orders lifting the automatic stay from reconsideration.

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Bishay v. Citizens Bank, No. 06-1364, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 19, 2007, Decided
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Overview: District court's dismissal of debtor's suit against bank was affirmed because debtor's objections to bank's action in drawing upon his letter of credit were precluded. Rather than advancing new basis for relief, they simply reproduced arguments earlier resolved by state court regarding scope of reservation clause in bankruptcy reorganization plan.

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De Jesus Aguilar v. Gonzales, No. 06-1215, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 19, 2007, Decided
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Overview: Alien's decision to leave the U.S. for Guatemala before an IJ decided a motion he filed to reopen deportation proceedings constituted a withdrawal of his motion, pursuant to 8 C.F.R. ? 1003.23(b)(1), and a second IJ did not err when she denied a motion to reopen the original proceedings which alien filed after he reentered U.S. without inspection.

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De Jesus v. LTT Card Servs., No. 06-1907, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 19, 2007, Decided
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Overview: Because a district court could not have engaged in the Clackamas six-factor inquiry and concluded on summary judgment that two shareholder-directors were not "employees" to be counted in deciding if an employer was an "employer" under Title VII and the ADA, the entry of summary judgment in the employer's favor was vacated.

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Josselyn v. Dennehy, No. 05-2405, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 19, 2007, Decided
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Overview: Dismissal of the inmate's habeas petition under 28 U.S.C.S. ? 2254 for failure to exhaust was affirmed where the inmate had not exhausted the closing argument claims that were not included in the application for leave to obtain further appellate review and the inmate had not shown good cause for failing to exhaust his claims in state court.

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United States v. Leahy, No. 05-1670, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 19, 2007, Decided
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Overview: Defendant's conviction for being a felon in possession of a firearm, in violation of 18 U.S.C.S. ? 922(g)(1), was affirmed because, as proof of the justification defense did not negate an element of the charged crime, the burden of proof in connection with that defense rested with defendant. Justification included self-defense.

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