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

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Federal Courts - 1st Circuit Court of Appeals - March 9 - March 13, 2009

Awlachew v. Comm'r, No. 08-1580, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 9, 2009, Decided
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Bergeron v. Cabral, No. 08-1683, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 9, 2009, Decided
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Overview: Sheriff was properly denied qualified immunity in First Amendment retaliation case as no reasonable official could have thought that she could divest deputy sheriffs opposed to her political aspirations of their commissions-and thus of opportunity to work lucrative security details-while leaving political supporters to cash in on the opportunities.

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Green v. Concord Baptist Church, No. 08-1977, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 9, 2009, Decided
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Overview: A reviewing court did not need to decide whether a district court acted precipitously in dismissing plaintiff's complaint without leave to amend because any such error would have been harmless, since it was clear that an opportunity to amend was futile when the chances of stating a cognizable claim were virtually nonexistent.

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Mir-Yepez v. Banco Popular, No. 08-1868, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 9, 2009, Decided
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Comfort v. Lynn Sch. Comm., No. 08-1735, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 12, 2009, Decided
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Overview: Plaintiffs were rightly denied Fed. R. Civ. P. 60(b)(5) relief from judgment as, while later decision calling their decision inimical to Constitution was on point, it was not connected to their case; and, that party might be precluded from relitigating a matter due to claim preclusion was insufficient to imbue prior judgment with prospective force.

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United States v. Arbour, No. 07-1979, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 12, 2009, Decided
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Overview: Defendant's drug and firearms sentence under 18 U.S.C.S. ? 922 and 21 U.S.C.S. ? 841 was properly enhanced under U.S. Sentencing Guidelines Manual ? 3B1.1(a) as he was involved in extensive drug activity, trafficking drugs for 18 months and supplying individuals with cocaine; also, he led or organized one or more of the five or more participants.

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United States v. Rivera-Maldonado, No. 07-1426, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 12, 2009, Decided
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Overview: Defendant could withdraw plea to child pornography possession under 18 U.S.C.S. ? 2252(a)(4)(B) as there was plain error that affected his substantial rights and the fairness of the proceedings; in his Fed. R. Crim. P. 11 plea colloquy, he was told that supervised release period was three years when it was actually life under 18 U.S.C.S. ? 3538(k).

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Emhart Indus. v. Century Indem. Co., Nos. 07-2806, 07-2821, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 13, 2009, Decided
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Overview: In CERCLA action, insurer was properly assessed total costs of successor's defense, but only to date of jury's finding that it owed no duty to indemnify, because district court properly applied "pleadings test" to both primary and excess policies to determine duty to defend, and successor had not proven any contract damages beyond costs of defense.

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Northeastern Land Servs. v. NLRB, No. 08-1878, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 13, 2009, Decided
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Overview: NLRB's order was entitled to deference, and its finding that employer's confidentiality provision was overbroad and violated 29 U.S.C.S. ? 158(a)(1) was supported by substantial evidence as, while it did not explicitly restrict 29 U.S.C.S. ? 157 activities, it could be fairly read to extend disclosure of employment terms to union representatives.

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United States v. Rodrigue, No. 08-1359, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 13, 2009, Decided
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Overview: Where defendant was convicted of crimes per 21 U.S.C.S. ? 841, 18 U.S.C.S. ? 2, and 18 U.S.C.S. ? 924, his Fourth Amendment rights were intact as probable cause supported affidavit submitted supporting search warrant application; based on totality of circumstances, it was reasonable to conclude that campsite was connected to marijuana cultivation.

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