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| In re Blinds to Go Share Purchase Litig., No. 05-2029, No. 05-2030,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 22, 2006, Decided
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Overview: A preferred stockholder breached the shareholders' agreement when it transferred stock to a related entity that was not an affiliate under the precise definition of affiliate in the shareholders' agreement, without offering the other shareholders an opportunity to exercise their right of first refusal, warranting a recission of the transfer.
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| Miranda Otero v. P.R. Indus. Comm'n, No. 05-1760,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 22, 2006, Decided
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Overview: A public employee's purported First Amendment political discrimination claim was properly dismissed pursuant to Fed. R. Civ. P. 12(b)(6) because the complaint failed to plead the key elements of a political discrimination claim as to any of the individual defendants.
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| Rivera-Garcia v. Sistema Universitario Ana G. Mendez, No. 05-1659,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 22, 2006, Decided
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Overview: In ADA case, that other disciplinary measures for sexual harassment were available did not make decision to fire plaintiff professor (a polio victim) for engaging in sexual harassment a form of discrimination. Chancellor's statement to professor that he might want to resign after complaint was filed against him was insufficient to infer pretext.
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| Peralta v. Gonzales, No. 05-1667,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 23, 2006, Decided
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Overview: The stop-time rule of 8 U.S.C.S. § 1229b(d)(1)(B) was properly applied retroactively to deny eligibility for suspension of deportation for an alien, whose continuous residency in the U.S. was broken by the commission of marriage fraud, because Congress expressly mandated that § 1229b(d)(1)(B) be applied retroactively.
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| Rakes v. United States, No. 05-1395, No. 05-1396,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 23, 2006, Decided
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Overview: Where plaintiffs sought damages under the FTCA for an FBI agent's role in assisting the efforts of two informants, who strong-armed the plaintiffs into giving them their liquor store, the claim was properly dismissed as time barred under 28 U.S.C.S. § 2401(b) because the plaintiffs should have been aware of their claims more than two years earlier.
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| Rodriguez del Carmen v. Gonzales, No. 05-1172,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 23, 2006, Decided
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Overview: Where INS agent testified that INS agents had not threatened alien's ex-wife to prompt her to state that alien had paid her to marry him and they had not had marital relations, IJ could reject ex-wife's recantation of her statements and find that alien had entered into a fraudulent marriage for purposes of 8 U.S.C.S. § 1182(a)(6)(C)(i).
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| United States v. Zajanckauskas, No. 05-1457,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 23, 2006, Decided
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Overview: The judgment of the district court to revoke appellant's citizenship and to cancel his Certificate of Naturalization was affirmed because a roster listing appellant as being in Warsaw as a "Trawniki" man at the relevant time was sufficient to meet the government's burden of proof under 8 U.S.C.S. § 1451(a).
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| In re United States, No. 06-1136,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 24, 2006, Decided
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Overview: Where the district court judge in a criminal case delayed the trial in order to investigate claims of prosecutorial misconduct that had been dormant for over a year, an order pursuant to 28 U.S.C.S. § 455(a) that the judge recuse himself was issued because there was a reasonable basis for questioning the impartiality of the judge.
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| Tropeano v. Dorman, No. 05-1435,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 24, 2006, Decided
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Overview: Minority partners enjoyed an absolute right to dissolve a partnership under Mass. Gen. Laws ch. 108A, § 42, because when the partners continued to operate the partnership after the expiration of the original 30-year term, it ceased to be a partnership for a fixed term and became a partnership at will under Mass. Gen. Laws ch. 108A, § 23(1).
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