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

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Federal Courts - 1st Circuit Court of Appeals - April 30 - May 7, 2008

Holloway v. Thompson Island Outward Bound Educ. Ctr., Inc., No. 07-2207, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 30, 2008, Decided
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Overview: District court's grant of summary judgment to the employer on the employee's race discrimination claims under Title VII and state law was affirmed because the employer provided an extensive list of problems with the employee's performance, and no reasonable jury could have found that the explanations for his discharge were pretexts.

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Lupu v. Wyndham El Conquistador Resort, No. 07-1659, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 30, 2008, Decided
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Overview: Undisputed facts, as the district court held, demonstrated that the employee never participated in an activity protected by P.R. Laws Ann. tit. 29, ? 194a, which prohibited retaliation against certain defined whistle-blowers. Also, dismissal of his claim for negligence under P.R. Laws Ann. tit. 31, ? 5141 was upheld.

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Torres-Rivera v. O'Neill-Cancel, No. 07-1806, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 30, 2008, Decided
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Overview: Attorney fee award pursuant to 42 U.S.C.S. ? 1988 was vacated because the considerable time spent in litigating against one defendant dwarfed time spent in litigating against second defendant, who defaulted. District court should as a matter of law have used "time expended" method of apportionment, rather than apportioned based on relative damages.

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Trans-Spec Truck Serv. v. Caterpillar Inc., No. 07-1476, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 30, 2008, Decided
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Overview: A buyer's breach of warranty claim was properly dismissed as time barred under Mass. Gen. Laws ch. 106, ? 2-725(1), because it was not brought within four years of the product's delivery, and the warranty was not one for future performance because the manufacturer never guaranteed that its product would not fail, only that it would pay for repairs.

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United States v. Herrera-Martinez, No. 07-1363, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 30, 2008, Decided
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Overview: Defendant, an undocumented immigrant, was rightly convicted per 42 U.S.C.S. ? 408(a)(7)(B) and 18 U.S.C.S. ?? 1028A, 641 for using another's information, including an SSN, to secure section 8, 42 U.S.C.S. ? 1437 et seq., housing as proof of asportation was not required and proscribed payments were not limited to those under the Social Security Act.

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Barroso-Herrans v. Lugo-Mender (In re Barroso-Herrans), No. 07-1757, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 7, 2008, Decided
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Overview: Where debtors claimed $ 4,000 exemptions under 11 U.S.C.S. ? 522(d) for two lawsuits and their trustee did not object, when they later claimed that the full value of the suits was exempted, a settlement of the suits was properly upheld as their explanation-that $ 4,000 was an expected value-was dubious, and such was an implausible full valuation.

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Stornawaye Fin. Corp. v. Hill (In re Hill), BAP NO. MB 07-041, MW 07-042, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, May 7, 2008, Decided
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Overview: The bankruptcy court erred in sustaining the objection to a debtor's claimed homestead exemption under 11 U.S.C.S. ? 522(g) in favor of a creditor because the reconveyance by the debtor's wife of their home to the debtor and herself was caused pre-petition by a creditor acting for its own benefit, and not by the trustee's action.

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United States v. Genao-Sanchez, No. 05-1402, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 7, 2008, Decided
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Overview: District court's failure to convene a new sentencing hearing on the drug conspiracy count deprived defendant of the opportunity to argue his position both as to matters of fact relevant to sentencing and as to the appropriate sentence to be imposed. The error was prejudicial and the case was remanded for a resentencing hearing on that count.

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United States v. Williams, No. 07-1354, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 7, 2008, Decided
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Overview: Where defendant pled to the knowing interstate transport of a minor for prostitution under 18 U.S.C.S. ? 2423(a), such conduct was properly held to constitute a crime of violence within the purview of the career offender guidelines provision, U.S. Sentencing Guidelines Manual ? 4B1.2(a), as there was a serious potential risk of physical injury.

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