1st Circuit Court of Appeals, February, 2007, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - February 23 - March 1, 2007

Eze v. Gonzales, No. 04-2091, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2007, Decided
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Overview: The court affirmed the decision of the BIA finding that service by delivery of a notice of the termination of temporary resident status satisfied the principle of "notice and opportunity to be heard," especially where petitioner admitted that he had received and signed the notice of his termination of his temporary resident status.

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Malot v. Dorado Beach Cottages Assocs. S. En C. Por A , No. 06-1035, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2007, Decided
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Overview: Dismissal of plaintiffs' case with prejudice under Fed. R. Civ. P. 37(b)(2) and 41(b) was reversed because plaintiffs' delay or failure to complete depositions in Puerto Rico delayed discovery only a few months, plaintiffs made efforts to comply with orders by offering teleconference depositions, and there was no evidence of deliberate misconduct.

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Universal Commun. Sys. v. Lycos, Inc., No. 06-1826, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2007, Decided
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Overview: Claims against the operator of an Internet message board for fraudulent securities transactions and cyberstalking based on the posting of allegedly false messages were properly dismissed based on the immunity afforded the operator under 47 U.S.C.S. ? 230; an anti-dilution claim raised First Amendment concerns and was also properly dismissed.

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United States v. Miller, No. 05-2763, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 26, 2007, Decided
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Overview: A defendant's sentence under the Armed Criminal Career Act for three prior felonies was affirmed because, by his silence, defendant "adopted," pursuant to Fed. R. Evid. 801, a state judge's recitation of the predicate facts that the burglary occurred in a store which qualified it as "generic burglary" and a third ACCA predicate conviction.

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Curtis v. Salem Five Mortg. Co., LLC (In re Curtis), BAP NO. EB 06-028, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 28, 2007, Decided
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Overview: On remand, bankruptcy court was to consider time at which defendant learned of discharge, and whether any or all of default notices or credit reporting activities violated 11 U.S.C.S. ? 524(a)(2). Per Pratt standards, variety of somewhat passive acts were potential violations of ? 524(a)(2) if they were objectively coercive or coercive in effect.

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Asociacion De Subscripcion Conjunta Del Seguro De Responsabilidad Obligatorio v. Flores Galarza, No. 05-1430, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
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Overview: Puerto Rico's Secretary of the Treasury was entitled to quality immunity on insurer's claims seeking damages from the Secretary because law was not clearly established that Secretary violated Fifth and Fourteenth Amendments to the U.S. Constitution when he withheld funds that were collected from motorists under P.R. Laws Ann. tit. 26, ?? 8051-61.

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Frederique-Alexandre v. Dep't of Natural & Envtl. Res., No. 06-1132, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
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Overview: Summary judgment was properly granted to a public employer because a former employee's Title VII discrimination and hostile work environment claims were not timely filed, and the court declined to consider an untranslated document submitted in support of the employee's timeliness assertion; the employee also failed to exhaust his retaliation claim.

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Morley v. Ontos, Inc. (In re Ontos, Inc.), Nos. 06-1512 and 06-1513, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
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Overview: Trustee had authority to enter into a stipulation for waiver and release to settle claims for fraudulent transfer, breach of fiduciary duty, and alter ego liability brought by former employees against a debtor, its officers and directors, because the claims were property of the estate, and the bankruptcy court had jurisdiction over the stipulation.

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Trapp v. Spencer, No. 05-2827, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
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Overview: Habeas petition was denied as untimely where allowing the inmate to equitably toll the limitations period under 28 U.S.C.S. ? 2244 based on his attorney's mistake as to the habeas limitations period would have been inconsistent with the U.S. Supreme Court's holding that attorney miscalculation was not sufficient to warrant equitable tolling.

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Watson v. Trans Union LLC, Nos. 05-2289, 05-2360, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2007, Decided
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Overview: The dismissal of a prisoner's claims brought under the FCRA was affirmed; even if the dismissal of the complaint for noncompliance was an abuse of discretion, the prisoner's prospects of ultimately establishing injury were minimal, i.e., he had not applied for credit and did not expect to do so during his incarceration.

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