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| Begovic v. Water Pik Techs., No. 05-1697,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2006, Decided
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Overview: An employer was properly granted summary judgment on Title VII discrimination action because an employee's claims that he was denied adequate opportunity to conduct discovery failed when he did not invoke the safeguard of Fed. R. Civ. P. 56(f) and the additional facts would not have shown that he was more qualified than the promoted candidate.
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| Builes-Vasquez v. Gonzales, No. 05-1799,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2006, Decided
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Overview: IJ's finding that an alien failed to show past persecution or a well-founded fear of future persecution and, thus, was not eligible for asylum was supported by substantial evidence that he was not personally threatened with serious harm, he traveled through Colombia without harassment, and his family lived there without threats or harm.
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| ITV Direct, Inc. v. Healthy Solutions, LLC, No. 05-2323,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2006, Decided
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Overview: A manufacturer was properly granted summary judgment on its claim to reach and apply any judgment a seller obtained against its distributor for unpaid invoices, despite an attempt by the distributor to reduce its debt with claims it had against the seller, because the distribution agreement and the purchase orders were not the same contract.
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| Lan Zhu Pan v. Gonzales, No. 05-1751,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2006, Decided
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Overview: Alien was properly denied asylum because she failed to establish that she had a well-founded fear of persecution in a social group of unmarried women from rural China who resisted forced marriages or sexual relationships when she presented no evidence that she saw her persecutors again or that anyone in China intended to punish her for resistance.
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| Valdizan v. Rivera-Hernandez, No. 05-2215,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2006, Decided
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Overview: In an interlocutory appeal from denial of summary judgment requested by a government official on grounds of qualified immunity, the court reversed the decision after an inspection of the functions of plaintiff's former position. Plaintiff's removal from his government job did not violate the First Amendment because it was a policymaking position.
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| Acosta v. United States Marshals Serv., No. 05-1733,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 19, 2006, Decided
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Overview: Dismissal of a federal detainee's § 1983 and FTCA claims for medical mistreatment against, inter alia, the U.S. Marshals Service, the BOP, county jails with which the Marshals contracted, and doctors was affirmed; the federal claims were not exhausted under the PLRA and the FTCA, or they fell within the FTCA's independent contractor exemption.
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| United States v. Atanasio-Reyes, No. 03-2677,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 19, 2006, Entered
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Overview: In light of the district court's statement that it had no discretion and its sentencing of defendant under a mandatory application of the U.S.S.G. after the United States Supreme Court struck down mandatory application of the U.S.S.G. in Booker, there was enough, if barely, for a remand for resentencing.
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| Kristian v. Comcast Corp., No. 04-2619, No. 04-2655,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 20, 2006, Decided
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Overview: In reversing the decision of the district court, the appeals court found that the arbitration agreements in cable subscriber agreements applied retroactively to the subscribers' antitrust claims; so finding, the court addressed the other challenges to enforceability, concluding that none prevented arbitration from proceeding under 9 U.S.C.S. § 2.
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| Marrama v. Citizens Bank (In re Marrama), No. 05-1858,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 20, 2006, Decided
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Overview: Appeals court had reservations about a bankruptcy court's decision to draw a negative inference on the basis of a debtor's invocation of the Fifth Amendment on summary judgment, and the court drew no inference from the debtor's silence; however, an array of undisputed facts supported the debtor's fraudulent intent, and summary judgment was proper.
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| United States v. Sagendorf, No. 05-1991,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 20, 2006, Decided
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Overview: Defendant's 41-month sentence was affirmed where the district court's consideration of the guideline sentencing range, in conjunction with the relevant statutory factors in 18 U.S.C.S. § 3553(a), did not treat the U.S.S.G. sentencing range as presumptive. Thus, the sentence was reasonable and just.
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