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   Federal Courts - 1st Circuit Court of Appeals - May 16 - May 22, 2007

  
Morales-Alejandro v. Medical Card Sys., No. 06-2087, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 16, 2007, Decided
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Overview: Decision to terminate long-term disability benefits under ERISA was upheld because district court did not abuse its discretion in denying employee's motion for leave to amend complaint. The employee's "inherent" conflict of interest theory was not supported because successful claims were paid from trust fund and not by benefits plan administrator.

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United States v. Goodhue, No. 05-2825, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 16, 2007, Decided
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Overview: Although there was merit to defendant's contention that the government should have isolated and separately weighed the controlled substances in a mixture under U.S.S.G. § 2D1.11 or shown the inability to do so, the district court did not commit plain error when it approximated the actual weight of the precursor components under U.S.S.G. § 2D1.1.

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Colt Def. LLC v. Bushmaster Firearms, Inc., No. 06-1696, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 18, 2007, Decided
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Overview: Competitor was entitled to summary judgment on its cancellation counterclaim pursuant to 15 U.S.C.S. § 1064(3) because evidence showed that relevant consuming public continued to associate M4 with military designation for carbine with certain characteristics, rather than as an identifier of trademark holder's product, and thus the term was generic.

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Dr. Jose S. Belaval, Inc. v. Perez-Perdomo, No. 07-1240, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 18, 2007, Decided
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Overview: A district court both committed an error of law and abused its discretion in finding that the unclean hands doctrine was applicable because there was no relationship between plaintiff medical provider's underlying suit against defendant Puerto Rico for Medicaid payments and a dispute between the provider and its landlord, a municipality.

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Hoyos v. Telecorp Communs., Inc., No. 06-1178, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 18, 2007, Decided
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Overview: Summary judgment was properly granted to employers because nothing supported an inference that the reason for the employee's firing was anything other than his own conduct for approaching an employee when he was aware that his employers sought to isolate him from her after she complained that he had sexually harassed her.

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United States v. Union Bank for Sav. & Inv.(Jordan), Nos. 06-1187, 06-1423, 06-1444, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 18, 2007, Decided
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Overview: "Obligation" referred to in 18 U.S.C.S. § 981(k)(4)(B)(ii)(II) was the obligation of a foreign bank to repay amounts on deposit, and the discharge of its obligations were not to be measured against its ability to obtain recourse from its depositors; moreover, substantive limits to forfeitability did not apply in deciding ownership under § 981(k).

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Kasparian v. Conley (In re Conley), BAP NO. MW 06-036, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, May 22, 2007, Decided
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Overview: Bankruptcy appellate panel affirmed the bankruptcy court's judgment dismissing an action which a creditor filed under 11 U.S.C.S. § 727, alleging that a debtor fraudulently transferred his interest in a house to his wife to avoid his creditors, because the transferred occurred in 1999, almost six years before the debtor declared bankruptcy.

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United States v. Munoz-Franco, Nos. 04-1532, 04-1533, 04-1534, 04-1535, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 22, 2007, Decided
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Overview: Following 15-month trial, defendants' convictions for bank fraud in violation of 18 U.S.C.S. § 1344 and related crimes were affirmed because, pursuant to Fed. R. Evid. 803, it was proper to allow use of minutes of bank's board of director meetings to demonstrate that board did not receive material information about many transactions it considered.

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