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| B. Fernandez & HNOS, Inc. v. Kellogg USA, Inc., Nos. 07-1317, 07-1318,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 14, 2008, Decided
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Overview: Where a Puerto Rican distributor and a Caribbean warehouse sued an American cereal company, a trial court properly dismissed when diversity jurisdiction was destroyed as a Caribbean distributor was indispensable per Fed. R. Civ. P. 19(b); a judgment against the Caribbean distributor would be prejudicial and create potential inconsistent judgments.
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| Desrosiers v. Hartford Life & Accident Ins. Co., No. 06-2609,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 14, 2008, Decided
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Overview: Determination that ERISA claimant was not entitled to long-term disability benefits was proper because insurer did not improperly rely on lack of objective evidence and insurer's receipt of claimant's job description after its original denial was not dispositive. Argument regarding insurer's use of new facts in summary judgment reply was waived.
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| Padilla-Mangual v. Pavia Hosp., No. 07-1447,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 14, 2008, Decided
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Overview: In a malpractice case alleging diversity jurisdiction under 28 U.S.C.S. ¿ 1332, where plaintiff patient alleged that he was a Florida resident, but the case was dismissed as a trial court found him lacking in credibility as he had not opened a bank account there or obtained employment, the case was remanded as an evidentiary hearing was necessary.
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| Teng v. Mukasey, No. 07-1224,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 14, 2008, Decided
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Overview: Alien's petition for review was denied because, under substantial evidence standard of 8 U.S.C.S. ¿ 1252(b)(4)(B), IJ's adverse credibility determination found adequate support in record as a whole. Court also rejected alien's argument that he was denied due process due to inadequate translation services and incomplete transcription of proceedings.
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| Acevedo-Aguilar v. Mukasey, No. 07-1261,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 15, 2008, Decided
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Overview: Petition for review of BIA order that alien was ineligible for cancellation of removal under 8 U.S.C.S. ¿ 1229b was denied because discrepancy between alien's testimony regarding his absence, plane ticket receipt, and sworn I-485 form supported finding that alien was not continuously present in U.S. for requisite 10 years prior to his application.
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| Jackson v. Norman, No. 07-2382,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 15, 2008, Decided
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Overview: Where a tenured college professor claimed, under ¿ 1983, that his termination violated his due process and equal protection rights, summary judgment was properly granted to defendants as he had the opportunity to present testimony and cross-examine witnesses at his pre-termination hearing and he was not similarly situated to others he presented.
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| Nault v. United States, No. 07-1455,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 15, 2008, Decided
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Overview: Summary judgment for the IRS was affirmed where the tax court's determination that the transactions lacked economic substance was unambiguous since the language signaled that the adjustments of the loss deductions were made because the underlying transactions lacked economic substance, and thus, prevented the taxpayer from claiming tax deductions.
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| United States v. Vega-Santiago, No. 06-1558,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2008, Decided
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Overview: Although a district court, before sua sponte imposing a sentence outside the recommended USSG range, sometimes had to provide the parties advance notice of its intent to impose such a sentence, the notice requirement was satisfied in defendant's case where the court weighed the 18 U.S.C.S. ¿ 3553 factors and unfair surprise was not established.
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