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| Berenson v. Nat'l Fin. Servs. LLC, No. 06-1112,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 27, 2007, Decided
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Overview: Summary judgment opinion was a consequence of the companies' agreement to allow it to try the customers' claims in an exemplar case before certifying a class action, it was not a denial of the companies' petition to compel arbitration. Thus, the appellate court lacked jurisdiction over the interlocutory appeal under the Federal Arbitration Act.
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| Royal Siam Corp. v. Chertoff, No. 06-1947,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 27, 2007, Decided
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Overview: Whether to grant a specialty occupation visa, under 8 U.S.C.S. ¿¿ 1101, 1184, was within the discretion of Citizenship and Immigration Services (CIS) and the denial of a visa to a restaurant manager was untainted by legal or factual error. Granting the visa previously did not mean renewal was automatic nor did it justify application of estoppel.
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| Clements v. Maloney, No. 05-2411,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 30, 2007, Decided
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Overview: District court's habeas decision was reversed as to an inmate's sufficiency of the evidence claim because the inmate's Massachusetts Appeals Court brief, which was properly before the Massachusetts Supreme Judicial Court under the 2001 version of Mass. R. App. P. 27.1, satisfied the exhaustion requirement by labeling that claim as federal.
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| Hernandez v. Philip Morris USA, Inc., No. 06-1968,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 1, 2007, Decided
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Overview: Employees signed unequivocal releases of all claims against the employer and did so after having been afforded fair notice, ample time to consider their options, an opportunity to consult with counsel, and substantial consideration. Thus, their employment-related causes of action against the employer under Title VII and state law were barred.
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| United States v. De Jesus, No. 06-1876,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 1, 2007, Decided
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Overview: The court lacked jurisdiction to review a district court's discretionary decision denying defendant's request for a downward departure and dismissed the appeal.
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| Burke v. Comm'r, No. 06-1865,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 4, 2007, Decided
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Overview: Partners' distributions were taxed in the year the partnership received its earnings, regardless of whether the partners actually received their share of partnership earnings. Thus, under 26 U.S.C.S. ¿¿ 701, 703, the taxpayer was required to report his distributive share of the partnership's income in 1998, even if he had not yet received it.
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| Mahmoud v. Gonzales, No. 06-1369,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 4, 2007, Decided
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Overview: Even if marriage to a U.S. citizen did not disqualify an alien, the decision whether to grant an adjustment of status was still discretionary where the request was made by someone already in removal proceedings, and the IJ presiding over the removal proceeding exercised that discretion, and the IJ's denial of relief had record support.
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| United States v. Wright, No. 06-1351,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 4, 2007, Decided
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Overview: Court of appeals reversed a district court's judgment finding that police officers acted reasonably when they stopped defendant who exited a car and ran from them because the district court considered the fact that the officers found a gun on defendant and worked backwards to conclude that defendant fled the scene so he would not be apprehended.
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| United States v. Sampson, No. 04-6001,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 7, 2007, Decided
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Overview: Death sentence imposed by federal judge under Federal Death Penalty Act (FDPA), 18 U.S.C.S. ¿¿ 3591-3598, was upheld because the FDPA did not violate the Constitution, and evidence regarding murders was sufficient to support jury's findings as to aggravating factors of especially heinous, cruel, or depraved conduct and particular vulnerability.
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| Fryar v. Curtis, No. 06-1025,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 8, 2007, Decided
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Overview: Since, by the parties' agreement, the sole issue before the jury was whether the officer committed the acts alleged by the inmate, the district court did not abuse its discretion by foregoing potentially confusing jury instructions and information regarding the procedural history of the case that was not probative of the underlying factual dispute.
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