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

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Federal Courts - 1st Circuit Court of Appeals - February 7 - February 13, 2008

Billings v. Town of Grafton, No. 06-2145, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 7, 2008, Decided
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Overview: Fact issues remained concerning an employee's claims under Title VII, since the employee's allegations that a town administrator repeatedly stared at the employee's breasts permitted an inference of a hostile work environment, and the town's transfer of the employee and other actions permitted an inference of retaliation.

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P.R. Elec. Power Auth. v. Action Refund, No. 07-1847, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 7, 2008, Decided
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Overview: Where agency agreed to represent utility in obtaining federal refund, the contract was valid per P.R. Laws Ann. tit. 31, ? 3391 as the agency's promise to act on the utility's behalf was consideration per P.R. Laws Ann. tit. 31, ? 3431; further, consideration was adequate as obtaining a $3 million refund for 20 percent did not shock the conscience.

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United States v. Eirby, No. 07-1062, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 7, 2008, Decided
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Overview: Where defendant pled guilty to sexual abuse of a minor under Me Rev. Stat. Ann. tit. 17-A, ? 254(1)(A-2), the trial court did not err in finding that the conviction constituted a Grade A violation of supervised release per 18 U.S.C.S. ? 3583(e)(3) as it was a crime of violence per U.S. Sentencing Guidelines Manual ?? 4B1.2(a), 7B1.1(a)(1)(A)(i).

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Evans v. Thompson, No. 07-1014, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 8, 2008, Decided
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Overview: 28 U.S.C.S. ? 2254(d)(1) did not violate U.S. Const. art. III, the separation of powers, or the Supremacy Clause since there was no impairment of lower federal courts' independent interpretative authority: such courts still had authority to decide whether a state court decision was wrong, and whether the decision was, in addition, unreasonably so.

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Rotinsulu v. Mukasey, No. 07-1516, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 8, 2008, Decided
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Overview: Where alien, an Indonesian national and Adventist Christian, was denied withholding of removal per 8 U.S.C.S. ? 1231(b)(3)(A), review was denied as the BIA did not engage in improper factfinding in contravention of 8 C.F.R. ? 1003.1(d)(3)(iv); IJ's finding that death threats resulted from alien's philandering resolved the issue of past persecution.

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United States v. Richardson, No. 06-2506, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 8, 2008, Decided
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Overview: Defendant was properly convicted of drug and firearms offenses since joinder of offenses from a traffic stop and from a later drugs-for-firearms exchange was not prejudicial, a vehicle inventory search in accordance with procedure was proper, and there was no improper manipulation in providing firearms that traveled in interstate commerce.

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Indianapolis Life Ins. Co. v. Herman, No. 07-1797, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 13, 2008, Decided
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Overview: Where investor obtained default judgment against defendant on cross-claims, including for breach of fiduciary duty per ERISA, 29 U.S.C.S. ? 1109, and some papers named her as trustee while others did not, judgment against her personally was proper as she had, via default, waived objection to personal liability, which was available on such claims.

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Leal Santos v. Mukasey, No. 07-2110, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 13, 2008, Decided
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Overview: Petitioner's derivative citizenship claim per 8 U.S.C.S. ? 1401(a) as it read in 1957 was properly denied as he had to prove that his mother was in the U.S. from 1941 until at least 1946, in addition to spending five years there prior to age 14, and, while his interpretation of the evidence was plausible, so was that of the federal district court.

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