1st Circuit Court of Appeals, February, 2009, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - February 12 - February 13, 2009

De Acosta v. Holder, No. 07-1155, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 12, 2009, Decided
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Overview: Where an IJ found an alien ineligible for adjustment of status under ? 245(i) of the Immigration and Nationality Act, 8 U.S.C.S. ? 1255(i), because she did not have a visa immediately available, the alien's petition for review was denied because she waived the issue by failing to contest it; further, the issue was dispositive.

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Rammeash Ratnasingam v. Holder, Nos. 08-1242; 08-1531, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 12, 2009, Decided
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Overview: Alien from Sri Lanka was properly denied asylum under 8 U.S.C.S. ? 1101, withholding of removal, and CAT relief because, inter alia, the alleged incidents regarding threats from members of a separatist group did not amount to persecution since he was never harmed and never reported the encounters; also, his motion to reopen was properly denied.

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Sun Life Assur. Co. of Canada v. Sampson, No. 07-2647, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 12, 2009, Decided
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Overview: Where an insurer filed an interpleader action under 28 U.S.C.S. ? 1335 against a widower and three children to resolve the allocation of a life insurance policy on a decedent, the insurer was properly awarded fees and costs because, inter alia, the release issue was plainly not resolved before the insurer brought the federal interpleader action.

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Amoche v. Guar. Trust Life Ins. Co., No. 08-2094, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 13, 2009, Decided
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Overview: In action against an insurer under the Class Action Fairness Act of 2005, district court's order of remand was proper because the insurer failed to demonstrate a reasonable probability that the amount in controversy exceeded $ 5 million. The court was entitled to consider what information reasonably within insurer's control it failed to present.

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Noonan v. Staples, Inc., No. 07-2159, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 13, 2009, Decided
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Overview: Where an employee was fired for allegedly padding expense reports and an executive sent a mass e-mail to other employees, the employee's libel claim survived summary judgment because there was evidence of actual malice under Mass. Gen. Laws ch. 231, ? 92; however, his claims for breach of severance and stock-option agreements failed.

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United States v. Campusano, No. 07-1931, No. 07-2442, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 13, 2009, Decided
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Overview: District court's imposition of an obstruction of justice enhancement under U.S.S.G. ? 3C1.1 was affirmed because the first defendant testified at trial that he was not a drug dealer at all, and the second defendant testified that he knew nothing about the drug transaction. Given the guilty verdict, those were central and deliberate falsehoods.

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