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| Barrett Paving Materials, Inc. v. Cont'l Ins. Co., Nos. 06-1951, 06-2017,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 30, 2007, Decided
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Overview: Order requiring insurer to share costs of business's defense of environmental clean-up suit was affirmed because, under Maine's comparison test, the pleadings of the third party complaint against the business were adequate to encompass an occurrence--sudden and accidental discharge of pollutants--within the coverage of the policy.
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| Global NAPs, Inc. v. Verizon New Eng., Inc., Nos. 06-2095, 06-2120,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 30, 2007, Decided
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Overview: District court properly released security entered by a customer at the time of an injunction because its decision was governed by a rebuttable presumption that a company, as a wrongfully enjoined party, was entitled to have security executed so as to recover its proven damages up to the amount of the security granted under Fed. R. Civ. P. 65(c).
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| Hosp. Cristo Redentor, Inc. v. NLRB, No. 06-2277,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 30, 2007, Decided
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Overview: A hospital was properly found to have violated the National Labor Relations Act, 29 U.S.C.S. ¿ 151 et seq., by interrogating an emergency room nurse about his union activities and firing him, in violation of 29 U.S.C.S. ¿ 158(a)(1), (3), as, inter alia, he was warned and was told that his lot in life would improve if he abandoned union activities.
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| Porto v. Town of Tewksbury, Nos. 06-1994, 06-2139,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 30, 2007, Decided
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Overview: Town was not deliberately indifferent to the student-on-student sexual harassment in violation of Title IX where the fact that measures designed to stop harassment proved later to be ineffective did not establish that the steps taken were clearly unreasonable in light of the circumstances known by the town at the time.
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| SPGGC, LLC v. Ayotte, No. 06-2326,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 30, 2007, Decided
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Overview: New Hampshire's Consumer Protection Act, RSA 358-A:2, was properly found to be preempted by the National Bank Act, 12 U.S.C.S. ¿ 1 et seq., the Home Owners Loan Act, 12 U.S.C.S. ¿ 1461 et seq., and regulations regarding the sale of national bank-issued gift cards with expirations dates and fees because it interfered with national statutory powers.
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