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| APG, Inc. v. MCI Telcoms. Corp., No. 02-1120,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 8, 2006, Decided
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Overview: The grant of summary judgment to a seller on a sub-distributor's unjust enrichment claim was reversed and remanded because a jury could conclude that the sub-distributor invested the time and effort needed to sell the seller's product and the seller came in and sold the product directly, preventing the sub-distributor from receiving commissions.
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| Roger Edwards, LLC v. Fiddes & Son, Ltd., No. 05-1679,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 8, 2006, Decided
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Overview: Where a jury ruled in favor of a manufacturer as to a distributor's breach of contract claim and the distributor was sanctioned under Fed. R. Civ. P. 11 for filing a frivolous Fed. R. Civ. P. 60(b) motion, the sanctions were upheld because the distributor failed to explain how mislabeling products would have altered the judgment.
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| United States v. Smith, No. 04-2448,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 8, 2006, Decided
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Overview: District court properly imposed as a condition of a defendant's supervised release that he stay away from his minor daughter because the mere existence of a biological link did not override all other considerations, and the condition served the permissible purpose of protecting the daughter from the defendant.
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| Fagnant v. Cohen Steel Supply, Inc. (In re Fagnant), BAP NO. NH 05-024,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 9, 2006, Decided
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Overview: Bankruptcy appellate panel affirmed a bankruptcy court judgment denying a discharge to debtor for failure to maintain adequate records per 11 U.S.C.S. § 727(a)(3) because opinion below adequately elucidated controlling facts and reasoning and because there was no basis for finding that clear error requiring reversal of judgment had occurred below.
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| United States v. Luna, No. 05-1122,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 9, 2006, Decided
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Overview: Defendant's motion to dismiss an illegal reentry indictment was properly denied because he failed to demonstrate that an IJ's failure to adjudicate his INA § 212(c) waiver application prejudiced him under 8 U.S.C.S. § 1326(d)(3) since there was no reasonable likelihood that the IJ would have granted a waiver given, inter alia, his criminal history.
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| Velez-Rivera v. Agosto-Alicea, No. 04-2719,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 10, 2006, Decided
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Overview: Even if the second employee had a property interest in his employment for the remaining five months on his contract, his Fourteenth Amendment claim failed as to the second requirement for a prima facie case under 42 U.S.C.S. § 1983, that his rights were violated by state officials acting under color of state law.
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| Enwonwu v. Gonzales, No. 05-2053,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 13, 2006, Decided
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Overview: Where an IJ found, alternatively, that an alien, who had become a federal government informant against drug traffickers, was entitled to relief under the Convention Against Torture because of the interrelationship between the traffickers and his native government, the BIA erred in reversing the findings without addressing the alternative finding.
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| Gagnon v. Teledyne Princeton, Inc., No. 05-1504,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 13, 2006, Decided
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Overview: Although there was no abuse of discretion in excluding evidence under Fed. R. Civ. P. 37(c)(1) since there was no substantial justification for an untimely disclosure of expert witnesses in a product liability case, an appellate court was unable to review the issue of harm since there were insufficient findings.
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| United States v. Johnson, No. 05-1444,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 13, 2006, Decided
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Overview: District court's decision that the jurisdiction of the Clean Water Act, 33 U.S.C.S. § 1251 et seq., extended to owners' wetland properties was affirmed as the Commerce Clause gave Congress the authority to enact the Act. Further, the Act extended jurisdiction over the properties through the Environmental Protection Agency's regulatory jurisdiction.
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| Waweru v. Gonzales, No. 05-1100,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 13, 2006, Decided
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Overview: An IJ rationally rejected an asylum claim after concluding that the evidence of changed country conditions after the national regime was defeated by opposition parties and replaced by a democratic government rebutted a presumption that the alien retained a well-founded fear of persecution from the former regime he once opposed.
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