1st Circuit Court of Appeals, May, 2007, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - May 23 - May 24, 2007

Castaneda-Castillo v. Gonzales, No. 05-2384, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 23, 2007, Decided
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Overview: Decision excluding alien from asylum and withholding of removal under persecutor bar of 8 U.S.C.S. ? 1158 was remanded because there was no direct evidence of alien's knowledge of civilian massacre, and presumptively persecutor bar did not to apply to alien if his version of his state of mind--ignorance of massacre until afterwards--was accepted.

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Morales-Santiago v. Hernandez-Perez, No. 06-1459, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 23, 2007, Decided
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Overview: District court properly dismissed the employee's Fourteenth Amendment due process claims where Puerto Rico law did not recognize a property interest in salaries paid to government employees that were illegally awarded.

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Specialty Nat'l Ins. Co. v. OneBeacon Ins. Co., No. 06-2036, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 23, 2007, Decided
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Overview: Because the placement of part of a policyholder's truck in the road was a source of a motorist's injuries, i.e., bearing the necessary causal relationship to them, the policyholder's liability was covered by its auto policy and excluded from its general liability policy; also, the liability carrier was not estopped by its delay in denying coverage.

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Torres-Negron v. Merck & Co., No. 06-1260, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 23, 2007, Decided
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Overview: Dismissal of an employee's retaliation claim based on the failure of the employer's Puerto Rico subsidiary to provide notice under COBRA on the ground that the claim was preempted by ERISA was reversed and remanded; because the employee's retaliation claim was brought under Title VII, a federal law, her claim was not preempted by ERISA.

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United States v. Capozzi, No. 05-2256, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 23, 2007, Decided
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Overview: District court did not err during defendant's trial on charge that he conspired with others to violate the Hobbs Act, 18 U.S.C.S. ? 1951(a), when it refused to allow defendant to ask a witness if he agreed to cooperate with the Government so he could avoid the death penalty, because crimes witness committed did not subject him to the death penalty.

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United States v. Ramos-Paulino, No. 06-1880, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 23, 2007, Decided
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Overview: Sentence for violations of 8 U.S.C.S. ? 1324(a)(1) and 18 U.S.C.S. ? 1028(a)(2) was vacated because management of criminal activities, standing alone, did not constitute basis for role-in-the-offense enhancement under USSG ? 3B1.1. There was little if any evidence indicating that defendant organized, led, managed, or supervised another participant.

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Incase Inc. v. Timex Corp., No. 06-1577, No. 06-1578, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 24, 2007, Decided
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Overview: Where a designer failed to show it took reasonable steps to preserve the secrecy of its design, its misappropriation claim failed; appropriate damages evidence was absent on its implied contract claim; a reasonable jury could have concluded a contract was formed; and there was support for finding a violation of Mass. Gen. Laws ch. 93A.

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Moron-Barradas v. Dep't of Educ. of P.R., No. 06-1456, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 24, 2007, Decided
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Overview: Summary judgment was properly entered against teacher on Title VII national origin discrimination claims because, under 28 U.S.C.S. ? 1738 and P.R. Laws Ann. tit. 31, ? 3343, Puerto Rican judgment collaterally estopped her from relitigating whether she was qualified for a desired position or whether similarly or less qualified applicant was hired.

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