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   Federal Courts - 1st Circuit Court of Appeals - April 14 - April 16, 2008

  
Femino v. NFA Corp., Nos. 07-2178, 07-2179, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2008, Decided
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Overview: Alleged violations of ERISA and the ADA were not shown because an employee's disparate-impact theory under 42 U.S.C.S. § 12112(b)(3) seemed to be nothing more than dressed-up claim that her long-term disability benefits were arbitrarily terminated--she offered no evidence as to other group members--and ERISA claims were subject to claim preclusion.

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Malek v. Mukasey, No. 07-1851, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2008, Decided
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Overview: Substantial evidence supported the denial of an alien's claims for asylum pursuant to 8 U.S.C.S. § 1158, withholding of removal, and CAT relief because, though he experienced torture while in Egypt, which was arguably on account of his Christian faith, he could not show a likelihood of future persecution as he had relocated and not been disturbed.

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United States v. Rosado, No. 07-1465, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2008, Decided
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Overview: Evidence was sufficient to convict defendant of possession with intent to distribute crack cocaine, a violation of 21 U.S.C.S. § 841(a)(1), because defendant was previously involved in drug dealing, he was driver and sole occupant of car in which drugs were found in front of driver's seat, and when police directed him to pull over he tried to flee.

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Chase v. Harris (In re Harris), BAP NO. MW 07-062, Bankruptcy Case No. 06-41091-JBR, Adversary Case No. 07-04004-JBR, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, April 15, 2008, Decided, April 15, 2008, Filed
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Overview: Bankruptcy court did not clearly err in finding that debtor acted with reckless indifference to truth and fraudulent intent under 11 U.S.C.S. § 727(a)(4)(A) in omitting 5 credit card debts from schedules because she testified that she did not want to destroy her credit and made no effort to amend schedules after admitting her failure to disclose.

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DeAndrade v. Trans Union LLC, No. 07-1844, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 15, 2008, Decided
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Overview: Consumer's FCRA, 15 U.S.C.S. §§ 1681-168x, claim under 15 U.S.C.S. § 1681i against a credit bureau was properly summarily dismissed as the consumer did not allege that reported information was inaccurate, and such was a required element; also, attacking a mortgage's validity was a legal issue that could not have been uncovered via reinvestigation.

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Thompson v. Coca-Cola Co., No. 07-2107, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 15, 2008, Decided
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Overview: Employee's claim of discrimination based on race and national origin, in violation of Mass. Gen. Laws ch. 151B, § 4(1), was unsuccessful because employer established that employee was terminated solely for taking unauthorized vacation time without giving prior proper notice. Stray remarks were insufficient to prove that decisionmakers were biased.

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Evans v. Thompson, No. 07-1014, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 16, 2008, Entered
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Miss. Pub. Emples. Ret. Sys. v. Boston Sci. Corp., No. 07-1794, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 16, 2008, Decided
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Overview: Dismissal of complaint claiming violations of §§ 10(b) and 20(a) of Securities Exchange Act of 1934, 15 U.S.C.S. § 78j(b) and 78t(a), was reversed because, following district court's decision, the U.S. Supreme Court reversed a higher standard for scienter imposed by prior First Circuit law. Claims were sufficient to withstand a motion to dismiss.

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Torres-Lazarini v. United States, No. 06-2634, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 16, 2008, Decided
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Overview: Veteran's FTCA, 28 U.S.C.S. § 2671 et seq., suit alleging that medical staff at a VA hospital failed to properly diagnose a right shoulder injury was properly dismissed as a trial court's factual findings were not, per Fed. R. Civ. P. 52(a), clearly erroneous and the veteran did not establish malpractice given that treatment met medical standards.

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United States v. Lugo Guerrero, No. 06-2745, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 16, 2008, Decided
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Overview: Conviction for aiding and abetting armed bank robbery and endangering lives by using firearm, in violation of 18 U.S.C.S. §§ 2 and 2113(a) and (d), was affirmed because evidence of participation in robbery, consisting of very strong circumstantial evidence and valid confession, was more than sufficient for jury reasonably to find defendant guilty.

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