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| Feliciano-Hill v. Principi, No. 04-1072,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 22, 2006, Decided
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Overview: The district court properly denied a former VA doctor's motion for a new trial in her suit under the Rehabilitation Act, 29 U.S.C.S. § 701 et seq., because the jury could reasonably have found that the doctor was not disabled, based on the compelling testimony of the VA's medical expert, who rebutted the opinion of the doctor's treating physician.
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| Hoffman v. Applicators Sales & Serv., Inc., No. 05-1543,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 22, 2006, Decided
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Overview: In an age discrimination suit, the district court properly struck a chart attached to the employee's summary judgment pleading, which purported to summarize the number of employees over the age of 50, because the chart was not properly authenticated and was based on data that had not been authenticated or presented in the summary judgment record.
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| Bright v. Wash. Mutual Bank, F.A. (In re Bright), BAP NO. MB 05-043,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, February 23, 2006, Decided
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Overview: Although mortgagee's lack of notice of debtor's bankruptcy was due to its own inadequate procedures, retroactive relief from bankruptcy stay and validation of foreclosure sale of debtor's property was warranted, in view of debtor's bad faith in failing to disclose interest in property and in view of interests of subsequent good faith purchasers.
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| Stanton v. Metro Corp., No. 05-1552,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 23, 2006, Decided
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Overview: The district court erred in dismissing a defamation claim against a magazine publisher, which published an article on teenage promiscuity juxtaposed with a girl's picture, because the article was susceptible to a defamatory meaning and, given the placement of a disclaimer, which was in small type, a reasonable reader could have failed to notice it.
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| Mullane v. Chambers, Nos. 05-1173, 05-1174,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 24, 2006, Decided
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Overview: Where creditors seized a vessel after the owners discharged a mortgage but before the transaction was recorded, the owners were not entitled to a maritime lien under 46 U.S.C.S. § 31342(a) or the rule of advances, because, inter alia, the discharge did not further the goal of making the provision of services to vessels safe and predictable.
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| Cytyc Corp. v. DEKA Prods., Ltd. P'ship, No. 05-2371,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2006, Decided
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Overview: Where a dispute arose over whether royalties under a license agreement were due on the proportionate sales of one part of a system or the entire system, an arbitral award, which found that royalties had to be paid on sales of the integrated system because each part itself was worthless, was properly confirmed by the district court.
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| Fradera v. Municipality of Mayaguez, No. 05-2238,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2006, Decided
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Overview: Although a municipal assemblyman had established that he was a qualified individual with a disability pursuant to the ADA, 42 U.S.C.S. §§ 12131-12134, the court found that he had failed to make sufficient showing as to third element of ADA -- requirements that the municipality and its offices discriminated against him by reason of his disability.
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| United States v. Roy, No. 05-2145,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2006, Decided
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Overview: District court did not abuse its discretion in forbidding defendant, who pled guilty to possessing child pornography, from having contact with his girlfriend and her minor children because the special condition of supervised release served a permitted goal of protecting the children from harm and reasonably allowed for contact upon prior approval.
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| Villanueva-Mendez v. Nieves-Vazquez, No. 05-1638,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 1, 2006, Decided
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Overview: Employee's 42 U.S.C.S. § 1983 political discrimination action against agency officials was properly dismissed as barred by the statute of limitations, P.R. Laws Ann. tit. 31, § 5298, because it was not filed within one year after he sent a letter reflecting his recognition that he had been ousted and that his replacement was a political appointee.
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