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

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Federal Courts - 1st Circuit Court of Appeals - June 8 - June 13, 2007

Jones v. Boston Gas Company (In re Jones), BAP NO. MB 06-056, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, June 8, 2007, Decided
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Overview: A district court properly determined that a utility was permitted by 11 U.S.C.S. ? 366(b) to terminate a Chapter 13 debtor's gas service, without first obtaining relief from the automatic stay under 11 U.S.C.S. ? 362, based on the debtor's failure to pay for post-petition service.

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Reinhardt v. Gulf Ins. Co., Nos. 06-1932, 06-1933, 06-1934, 06-1935, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 11, 2007, Decided
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Overview: District court erred in denying director's Fed. R. Civ. P. 50 motion for judgment as a matter of law because, even assuming that the director breached his fiduciary duties to a holding company, the company presented evidence of breach and harm, but it did not cite to any evidence showing that the breach actually caused the harm.

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Bogan v. City of Boston, No. 06-2028, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 12, 2007, Decided
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Overview: Prevailing parties in a 42 U.S.C.S. ? 1983 suit against a city, who rejected an offer of judgment pursuant to Fed. R. Civ. P. 68, were properly denied an award of post-offer fees and costs because the jury award plus the reasonable award of pre-offer fees and costs did not exceed the offer of judgment.

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Bowen Inv., Inc. v. Carneiro Donuts, Inc., No. 06-2100, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 12, 2007, Decided
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Overview: District court did not abuse its discretion when it denied the franchisors' Fed. R. Civ. P. 60(a) motion where the record supported the district court's conclusion that the franshisors were incorrect in their belief that there was an understanding that the owner would be included in the judgment and that, in fact, he was intentionally omitted.

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Guillemard-Ginorio v. Contreras-Gomez, Nos. 06-1436, 06-1819, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 12, 2007, Decided
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Overview: When a married couple and their insurance agency, declared untrustworthy, incompetent, and having their licenses revoked by insurance commissioners, allegedly due to their political beliefs, argued that their Due Process rights were violated, defendants were not qualifiedly immune as reliance on P.R. Laws Ann. tit. 26, ? 947(2)(a) was unreasonable.

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Pena-Muriel v. Gonzales, No. 05-1937, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2007, Decided
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Overview: Removal of language in 8 U.S.C.S. ? 1105a(c) (repealed) did not abrogate the Attorney General's authority to continue to enforce its prohibition on motions to reopen by aliens who had departed the U.S., and vacatur of the conviction upon which removal was based did not establish a due process right to reopening after departure.

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Sanchez v. Triple-S Mgmt., Corp., No. 06-1925, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2007, Decided
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Overview: District court properly entered summary judgment for the insurance companies and the businesses on the RICO claim premised on extortion in violation of the Hobbs Act, 18 U.S.C.S. ? 1951(b)(2) where the class representatives did not point to anything that suggested that they suffered a direct injury as a result of the extortion.

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United States v. Espinoza, No. 06-2065, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2007, Decided
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Overview: Order suppressing evidence was affirmed because a district court's conclusions that an officer's actions were predicated on a hunch, bereft of the particularity required for reasonable suspicion, and that the officer's command to shut off the engine supported a finding that a seizure occurred were not clearly erroneous.

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United States v. Godin, No. 06-1749, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2007, Decided
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Overview: Defendant's 262-month sentence was proper upon her guilty plea to obstructing commerce with robbery and using and carrying a firearm, including brandishing the weapon, while doing so as she was a career offender due to prior apartment burglaries, which, though they shared a motive, were separate per U.S. Sentencing Guidelines Manual ? 4A1.2(a)(2).

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United States v. St. Pierre, No. 06-1462, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 13, 2007, Decided
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Overview: A motion to suppress per the Fourth Amendment was properly denied regarding $380 in marked bills found in the pocket of defendant's pants, which agents, securing his apartment sans a warrant, helped him put on when he soiled his underwear as exigent circumstances supported their presence and an inventory search encompassing the pants was proper.

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