1st Circuit Court of Appeals, April, 2008, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - April 18 - April 24, 2008

Marcoux v. Shell Oil Prods. Co. LLC, No. 05-2771, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 18, 2008, Decided
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Overview: Under the Petroleum Marketing Practices Act, 15 U.S.C.S. ? 2801 et seq., an assignor could have been liable for even a subsequent breach of the franchise agreement by an assignee, and a breach of the franchise agreement did not need to result in complete deprivation of a statutory element of the franchise to support a constructive termination.

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Mom Phal v. Mukasey, No. 07-1223, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 18, 2008, Decided
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Overview: Petition for review of denial of wife's asylum and withholding of removal applications based on political persecution was denied as substantial evidence supported an adverse credibility finding; also, that the wife stayed in Cambodia after an arrest for two years sans incident undercut a fear of future persecution under 8 U.S.C.S. ? 1101(a)(42)(A).

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Morales v. Sociedad Espanola de Auxilio Mutuo y Beneficencia, No. 07-1951, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 18, 2008, Decided
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Overview: Summary judgment for hospital in EMTALA action was not proper because a reasonable factfinder could conclude that a patient--who was en route to hospital and had notified emergency department of her imminent arrival--had "come to" hospital's emergency department within purview of 42 U.S.C.S. ? 1395dd(a) and had been refused due to uninsured status.

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United States v. Griffin, Nos. 07-1475, 07-1477, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 18, 2008, Decided
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Overview: Defendant's conviction for filing a false income tax return in violation of 26 U.S.C.S. ? 7206(1) was affirmed because there was no reversible error in the jury instructions. The use of the phrase "reasonable person" in the "willful blindness" instruction did not amount to plain error because it did not prejudice defendant.

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Zayas v. Bacardi Corp., No. 07-1950, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 18, 2008, Decided
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Overview: Employer was entitled to summary judgment upholding arbitrator's award finding employee properly discharged because arbitrator was not guilty of any manifest disregard of the law in formulating award. After employee was suspended pending investigation of alleged misconduct, doctrine of industrial double jeopardy did not bar subsequent discipline.

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Davignon v. Hodgson, No. 06-1191, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 24, 2008, Decided
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Overview: Judgment against sheriff on officers' 42 U.S.C.S. ? 1983 claims asserting violations of First Amendment rights of speech and association was affirmed because there was ample evidence that sheriff suspended officers not out of legitimate concern that their speech compromised safety at correctional facilities but because of their pro-union activity.

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Ly v. Mukasey, No. 07-2186, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 24, 2008, Decided
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Overview: An alien, a native of Cambodia, was properly denied withholding of removal pursuant to 8 U.S.C.S. ? 1231 as, while an adverse credibility finding was improper given that she voluntarily corrected her own testimony and her versions of an incident were substantially consistent, a presumption of persecution was rebutted by changed country conditions.

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Ramos-Santiago v. UPS, No. 07-1024, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 24, 2008, Decided
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Overview: Arbitrator's award upholding the termination of an employee, a delivery driver, for failing to deliver 37 packages over two days was proper as he applied the correct provision of a CBA and though, under 29 U.S.C.S. ? 142, a strike required concerted action, such could be carried out by a single employee; the conduct clearly interrupted operations.

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United States v. Morales-Aldahondo, No. 06-2533, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 24, 2008, Decided
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Overview: Motions to suppress were properly denied during defendant's child pornography possession, 18 U.S.C.S. ? 2252, trial as, though three years lapsed between the last computer downloads and a warrant application, staleness did not render the application void for lack of probable cause per the Fourth Amendment and evidence was not unfairly prejudicial.

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