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| Allen v. York County Jail, No. 06-1461,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 23, 2007, Decided
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Overview: Judgment in favor of corrections officers was affirmed because Fed. R. Civ. P. 50(a)'s express procedures were followed, plaintiff detainee failed to show that one of the officer's had the knowledge required to prove deliberate indifference, and there was no error in admitting a redacted videotaped deposition or in instructing the jury.
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| United States v. Quirindongo-Collazo, No. 04-2246,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 23, 2007, Decided
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Overview: Defendant's sentence was vacated because court could not conclude that Booker error was harmless beyond a reasonable doubt. Defendant's broad appeal waiver was unenforceable because district court mentioned the appeal waiver only briefly at plea hearing and gave detailed instructions pursuant to Fed. R. Crim. P. 32(c)(5) concerning appeal rights.
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| Xue Deng Jiang v. Gonzales, No. 06-1649,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 23, 2007, Decided
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Overview: Alien's petition for judicial review was denied because, even if alien testified truthfully, BIA justifiably concluded that incident of harassment was isolated event and that no reasonable prospect of future persecution remained. Although IJ improperly excluded two documents under 8 C.F.R. § 287.6, alien failed to prove entitlement to any relief.
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| Ellen v. Brady, No. 06-1491,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 26, 2007, Decided
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Overview: Denial of 28 U.S.C.S. § 2254 petition was affirmed because, as prosecutor neither inquired about inmate's silence mentioned in testimony nor argued that inmate's silence was evidence of guilt and curative instruction was given, state court finding that no Doyle violation occurred was not unreasonable application of clearly established federal law.
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| ITT Fed. Servs. Corp. v. Montano, No. 06-1417,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 26, 2007, Decided
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Overview: Limited assignment of rights to an employer under 33 U.S.C.S. § 933(b) of the LHWCA did not encompass an employer's and its insurer's claim against an employee's attorneys for their alleged malpractice in not pursuing a federal tort claim suit against the government; the alleged harm was not sustained in the course of the employee's employment.
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| Velazquez-Fernandez v. NCE Foods, Inc., No. 06-1205,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 26, 2007, Decided
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Overview: District court correctly found that the first employee was an exempt executive employee who was not entitled to overtime payments under the FLSA because the first employee's job duties consisted of the management of the enterprise or of a customarily recognized department or subdivision, and the regular direction of the work of six to nine workers.
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| Bath Marine Draftsmen's Ass'n v. NLRB, Nos. 05-2623, 05-2793,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2007, Decided
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Overview: Court of appeals affirmed NLRB's decision dismissing complaint alleging that employer committed an unfair labor practice, in violation of 29 U.S.C.S. § 158, when it merged its pension plan with plan offered by its parent company because NLRB's conclusion that employer acted in good faith when it interpreted CBAs it had with unions was reasonable.
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| Jimenez v. Gonzales, No. 06-1927,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2007, Decided
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Overview: In denying an alien's petition for review, the court affirmed the IJ's finding that the alien was removable as an aggravated felon for his conviction for money laundering in violation of 18 U.S.C.S. § 1956; the court dismissed the remainder of the petition for lack of jurisdiction to review the alien's claims for asylum and relief from removal.
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| McKenna v. First Horizon Home Loan Corp., No. 06-8018,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2007, Decided
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Overview: Class certification was unavailable as a matter of law for TILA rescission claims, including declaratory rescission claims. Given the unavailability of class-action treatment for rescission claims under the TILA and, thus, under the Massachusetts Consumer Credit Cost Disclosure Act, the district court's class certification decision was reversed.
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| United States v. LeMoure, No. 05-1377, No. 05-1440,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2007, Decided
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Overview: Court did not plainly err when it failed to instruct the jury that the witness's testimony that the officer raised the possibility that he plead his privilege against self incrimination did not constitute witness tampering where there was no indication that the Fifth Amendment reference or the lack of a cautionary instruction altered the result.
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