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| Ass'n of Cmty. Orgs. for Reform Now v. Town of E. Greenwich, No. 06-2534,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 27, 2007, Decided
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Overview: Denial of the association's motion for a preliminary injunction under Fed. R. Civ. P. 65 to prohibit the town from requiring a permit for door-to-door solicitation of money was affirmed where the evidence called into question the association's likelihood of success on the merits of proving that the ordinance did not meet intermediate scrutiny.
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| Radford Trust v. First Unum Life Ins. Co. of Am., No. 06-1992,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 27, 2007, Decided
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Overview: District court's decision regarding accrual of prejudgment interest in an ERISA case was reversed because it incorrectly held that postjudgment interest began to accrue when only liability was determined, prior to the resolution of a disputed issue of damages. Thus, there was no "money judgment," within the meaning of 28 U.S.C.S. § 1961(a).
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| Sipayung v. Gonzales, No. 06-2305,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 27, 2007, Decided
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Overview: Substantial evidence supported the conclusion that incidents complained of by an Indonesian Christian did not amount to past persecution and that he was not entitled to withholding of removal. Being subjected to "weird looks" when he carried his Bible in public and having stones thrown at a fellow church member's home did not amount to persecution.
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| United States v. Barnes, No. 06-2268,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 27, 2007, Decided
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Overview: A search warrant affidavit demonstrated probable cause as, inter alia, even though defendant sold powder, not crack, cocaine, as predicted, every other aspect of an informant's offering regarding a monitored drug deal occurred as expected and he had supplied information that had led to numerous arrests in the past.
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| Carrasquillo v. Puerto Rico, No. 06-2284,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 28, 2007, Decided
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Overview: Because an employee failed to challenge the submitted fact that her supervisor did not know of her political affiliation, the court deemed the issue waived and accepted the fact as true; as such, the employee failed to establish a prima facie case of political discrimination given the lack of knowledge of plaintiff's political affiliation.
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| Chao v. Hotel Oasis, Inc., No. 06-1021,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 28, 2007, Decided
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Overview: Where an employer was held liable for violating the FLSA, 29 U.S.C.S. §§ 215-216, motions to set aside a stipulation were properly denied as it failed to show mistake, the stipulation was memorialized in a pretrial conference, becoming the law of the case, and annual dollar value coverage, the stipulation's subject matter, was not jurisdictional.
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| Rolland v. Potter, No. 06-2536,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 28, 2007, Decided
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Overview: A district court did not err when it rejected a postal employee's argument that the USPS's finding of "disability" was the equivalent of a "disability" finding for purposes of the Rehabilitation Act; the employee could not only perform his duties, he could work substantial overtime hours and did not establish that he was substantially impaired.
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| United States v. Palacios, No. 05-2848,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 28, 2007, Decided
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Overview: Sufficient evidence supported defendant's conviction for illegally reentering the U.S. after prior deportation, a violation of 8 U.S.C.S. § 1326, because defendant's factual stipulations, a photograph on a cedula, and evidence presented by a records custodian regarding an alien file were sufficient to establish the alienage element of the offense.
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| Whispering Pines Estates, Inc. v. Flash Island, Inc., BAP NO. NH 06-059,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, June 28, 2007, Decided
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Overview: As a grant of immunity to a party responsible for implementing the plan, the release was overbroad and impermissible. It rendered the plan unenforceable. A release of the breadth in question was inconsistent with the requirements of the Bankruptcy Code. The order confirming the third party plan of debtor's secured creditor was reversed.
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