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

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Federal Courts - 1st Circuit Court of Appeals - March 6, 2009

Asociacion De Empleados v. Union Internacional De Trabajadores De La Industria De Automoviles, No. 07-2636, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 6, 2009, Decided
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Overview: Lower court's ruling that union employees' reinstatement and back pay awards exceeded arbitrator's authority was reversed because arbitrator was not limited to the remedies specified in P.R. Laws Ann. tit. 29, ?? 185a to 185m, and court's reading of CBA supported arbitrator's reinstatement remedy. Arbitrator employed plausible construction of CBA.

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Flynn v. Bankowski (In re Flynn), BAP NO. MB 08-033, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, March 6, 2009, Decided
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Overview: Where the record on appeal from the bankruptcy court failed to show whether the creditor mortgagee had received proper and adequate notice and proper and adequate service of the debtors' chapter 13 plan, under Fed. R. Bank. P. 2002(b)(2), it could not be found to have consented to the plan for purposes of 11 U.S.C.S. ? 1325(a)(5)(A).

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Hamilton v. Wells Fargo Bank, N.A. (In re Hamilton), BAP NO. MB 08-046, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, March 6, 2009, Decided
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Overview: Chapter 13 debtor's proposed plan violated 11 U.S.C.S. ? 1325(a)(5)(B)(iii)(I) where the debtor intended to refinance the real property prior to the end of the payment period of the plan and make a balloon payment to pay off the secured claim, and the creditor objected to the plan as proposed.

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Jourjine v. Nokia Corp., No. 07-2678, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 6, 2009, Decided
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Overview: The dismissal of a defendant for lack of in personal jurisdiction was affirmed because plaintiff failed to show any in-forum activity by that particular defendant, much less contacts that were related to his claims. Plaintiff's challenge to a jury instruction was waived, and his contention that he was entitled to nominal damages was forfeited.

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United States v. Garrasteguy, No. 07-2714, No. 07-2715, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 6, 2009, Decided
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Overview: Where defendants pled to distributing cocaine base and to conspiracy, violations of 21 U.S.C.S. ?? 841, 846, a condition of their supervised release under 18 U.S.C.S. ? 3583-that they not reenter a county during the term-gave appellate court pause due to its breadth and duration-but it passed plain error review given defendants' criminal history.

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United States v. Rebollo-Andino, No. 09-1133, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 6, 2009, Decided
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Wilson v. Wells Fargo Bank, N.A. (In re Wilson), BAP NO. MB 08-044, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, March 6, 2009, Decided
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Overview: Bankruptcy court orders, sustaining a creditor's objection to a debtor's proposed plan, were affirmed because a debtor did not provide a record of the underlying hearing before the bankruptcy court and the panel did not have any basis upon which to review the bankruptcy court's decision.

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