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| Costa v. Robotic Vision Sys. (In re Robotic Vision Sys.), BAP NO. NH 05-047,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, April 11, 2006, Decided
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Overview: Appellate review was precluded from a bankruptcy court's order approving a settlement agreement between a committee of unsecured creditors and one of the debtors' secured creditors because, inter alia, the bankruptcy court made no determination as to whether the agreement complied with the distribution scheme pursuant to Fed. R. Bankr. P. 9019(a).
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| Global NAPs, Inc. v. Verizon New Eng., Inc., No. 05-2657,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 11, 2006, Decided
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Overview: The FCC, in issuing an order regarding intercarrier compensation, did not expressly preempt state regulation of intercarrier compensation for non-local internet service providers-bound calls, leaving the Massachusetts Department of Telecommunications and Energy free to impose access charges for such calls under state law.
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| Simo v. Gonzales, No. 05-2118,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 11, 2006, Decided
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Overview: Where an alien from Albania sought asylum based on political persecution, under 8 U.S.C.S. § 1252(b)(4)(B), his asylum application was properly denied because the inconsistent account of his own procural of a falsified passport and his failure to mention persecution at the airport were sufficient to raise significant doubt about his credibility.
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| United Musical Instruments USA, Inc. v. Gordon Music, Inc., No. 05-1728,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 11, 2006, Decided
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Overview: A district court, in finding for a manufacturer on a breach of contract claim, did not clearly err in finding that a dealer received invoices and merchandise because the manufacturer presented invoices and testimony that the dealer did not complain about being billed and the dealer's president testified that he tried to return merchandise.
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| United States v. Rojas-Tapia, No. 04-1846,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 11, 2006, Decided
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Overview: Where a defendant claimed that his confession was not knowing because of his intellectual limitations, even assuming that he had a relatively low I.Q., his intellectual limitations did not result in a confession that was other than knowing, based on the fact that his confession was lucid and articulate and he had an extensive prior record.
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| Wright v. Barnhart, No. 05-2420,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 11, 2006, Decided
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