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

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Federal Courts - 1st Circuit Court of Appeals - February 23, 2009

Fantini v. Salem State College, No. 07-2026, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2009, Decided
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Overview: Because ? 1981 offered relief when racial discrimination blocked the creation of a contractual relationship, as well as when racial discrimination impaired an existing contractual relationship, the dismissal of the employee's ? 1981 claim on the ground that the employee failed to allege that she was discriminated because of her race was affirmed.

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Lassman v. Keefe (In re Keefe), BAP NOS. MB 08-053, 08-060, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 23, 2009, Decided
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Overview: A successor bankruptcy judge had fulfilled the requirements of Fed. R. Bankr. P. 9028 where he had issued the requisite certification stating that he had reviewed the relevant information as to the trustee's fraudulent transfer action, and the debtor's wife had not requested that he recall witnesses. A prejudgment interest award was vacated.

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Lumb v. Cimenian (In re Lumb), BAP NO. EP 08-066, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 23, 2009, Decided
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Overview: Chapter 7 debtors adversary complaint for violation of 11 U.S.C.S. ? 524 discharge injunction was improperly dismissed because complaint had adequately alleged each material element of a ? 524 claim and thus alleged plausible entitlement to relief. Creditor was also denied fees and costs per Fed. R. Bankr. P. 8020 because appeal was not frivolous.

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Mass. Eye & Ear Infirmary v. QLT Phototherapeutics, Inc., Nos. 07-2615, 07-2616, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2009, Entered
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Overview: While defendant argued that the voluminous evidence of its promises of compensation in return for plaintiff's confidential information could not support the conclusion that it profited from use of plaintiff's confidential information, rehearing was denied as its emphasis on preemption failed; liability flowed from its unsavory business practices.

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Mass. Eye & Ear Infirmary v. QLT Phototherapeutics, Inc., Nos. 07-2615, 07-2616, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2009, Entered
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SEC v. Tambone, No. 07-1384, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2009, Entered
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SEC v. Tambone, No. 07-1384, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2009, Entered
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