1st Circuit Court of Appeals, March, 2008, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - March 27, 2008

Geiger v. Foley Hoag LLP Ret. Plan, No. 07-1208, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2008, Decided
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Overview: Geiger could have argued to the state trial or appellate courts that the orders at issue are not QDROs, and that his failure to do so, combined with the finality of the divorce judgment, is fatal to his federal suit.

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MRCo, Inc. v. Juarbe-Jimenez, No. 07-1614, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2008, Decided
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Overview: Given that P.R. Laws Ann. tit. 26, ? 4021 precluded any judicial action from being brought against the Insurance Commissioner of Puerto Rico, once she was appointed as liquidator, the district court, sitting in diversity, properly dismissed the corporation's claim for failure to state a claim, rather than for lack of subject matter jurisdiction.

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Mariasch v. Gillette Co., No. 07-1549, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2008, Decided
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Overview: Where a former employee claimed his employer should have allowed him to exercise stock options seven days after the option period expired, summary judgment was properly granted to the employer because the employee knew of the expiration and Del. Code Ann. tit. 8, ? 157(a) was strictly enforced given the importance of rules regarding stock options.

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Ruiz Rivera v. Pfizer Pharms., LLC, No. 07-1595, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2008, Decided
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Overview: Employees regarded as claim under the ADA and P.R. Laws Ann. tit. 1, ? 501 failed on substantive grounds because the employee could not rely exclusively on her employer's recognition or implementation of the restrictions imposed by her own physician to establish a regarded as claim.

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Tandayu v. Mukasey, No. 07-1738, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2008, Decided
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Overview: Given the evidence, there was no abuse of discretion in the BIA's rejection of the alien's second motion to reopen under 8 U.S.C.S. ? 1229a because instead of establishing changed conditions, the evidence merely confirmed the ongoing nature of the religious conflict in Indonesia since 2002, not its intensification.

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United States v. Jaca-Nazario, No. 05-2114, No. 06-2157, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2008, Decided
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Overview: Where defendant pled to conspiring to transport cocaine in two cases, as sham smuggling in the first case was considered relevant conduct under U.S. Sentencing Guidelines Manual ? 1B1.3 in granting a safety valve reduction pursuant to U.S. Sentencing Guidelines Manual ? 5C1.2 in the second case but not in the first, the sentence had to be vacated.

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