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Federal Courts -
1st Circuit Court of Appeals - June 6 - June 7, 2007
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United States v. Andujar-Basco, No. 06-1288,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 6, 2007, Decided
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Overview: Defendant's cocaine-related convictions, pursuant to 21 U.S.C.S. ?? 841(a)(1) and 846, were affirmed although, under circumstances of case, the Fifth Amendment barred government witness's testimony concerning defendant's explicit mid-interrogation assertion of his Miranda rights, and it was error to permit such testimony to go to the jury.
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French v. Corporate Receivables, Inc., No. 06-1533,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 7, 2007, Decided
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Overview: Reduction of a couple's request for attorney's fees per the FDCPA, 15 U.S.C.S. ? 1692k(a)(3), and Mass. Gen. Laws ch. 93A, ??9, was not an abuse of discretion due to their de minimis trial success; the failure to obtain actual damages, and that there was an offer that would have completely compensated them, showed that going to trial was wasteful.
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Int'l Ass'n of Bridge, Structural, Ornamental & Reinforcing Iron Workers Union Local #7 v. Associated Gen. Contr. of Mass., Inc., No. 06-2393,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 7, 2007, Decided
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Overview: Arbitration award requiring a union local to enforce payment and bonding requirements of trust funds to which the local contributed pursuant to CBA was affirmed because the grievance was arbitrable under CBA, arbitrator's simplified application of the CBA's bonding requirement was within his informed discretion, and public policy was not violated.
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Pan v. Gonzales, No. 06-2166,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 7, 2007, Decided
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Overview: After his request for 8 U.S.C.S. ??1158 asylum, withholding of removal, or CAT protection was denied, an alien's petition for review was denied as he failed to prove, by clear and convincing evidence, that his request was timely, and his reliance on 8 U.S.C.S. ? 1252 was misplaced; a challenge to the IJ's factfinding would not restore jurisdiction.
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