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   Federal Courts - 1st Circuit Court of Appeals - June 30, 2008
  
Davignon v. Hodgson, No. 06-1191, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2008, Entered
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Epstein v. GMC (In re New Motor Vehicles Canadian Exp. Antitrust Litig.), No. 07-1990, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2008, Decided
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Overview: Automobile lessees' complaint under 15 U.S.C.S. ?? 1 and 15 failed to state claim for which relief could be granted because the lessees were the indirect purchasers under the rule of Illinois Brick Co. v. Illinois. The dealers in the case were the direct purchasers; they were immediate buyers from the alleged antitrust violators, not the lessees.

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McGill v. Minn. Mut. Life Ins. Co., No. 07-2668, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2008, Decided
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Overview: Summary judgment was properly granted to insurer on ground that insurance contract did not provide benefits until age 65 because conclusion to be drawn from Va. Code Ann. ? 38.2-3511 was not that insurer had to be held to terms for which insured initially applied, but that initial offer to purchase insurance was rejected by insurer's counteroffer.

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Perez-Sanchez v. Public Bldg. Auth., No. 07-1869, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2008, Decided
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Overview: 42 U.S.C.S. ? 1985(3) provided no remedy for animus on the basis of political beliefs. Therefore, the district court did not err in holding that the employee had not stated a cognizable claim against the Puerto Rico Public Building Authority and its officials under ? 1985(3).

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Rodi v. Southern New Eng. Sch. of Law, No. 07-1770, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2008, Decided
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Overview: Where a law school graduate alleged that the school's deans made false statements regarding its accreditation prospects that induced him to remain there and forgo other opportunities, his fraudulent misrepresentation and Mass. Gen. Laws ch. 93A, ? 2 claims were properly summarily dismissed as he did not show reliance given his attempts to transfer.

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Stamp v. Metropolitan Life Ins. Co., No. 07-1061, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2008, Decided
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Overview: Denial of benefits under accidental death and dismemberment life insurance policies governed by ERISA was not arbitrary and capricious because plan administrator reasonably concluded that insured, who was killed in one-car collision with tree while driving with a BAC three times legal limit, did not die as result of "accident" for policy purposes.

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United States v. Novak, No. 07-1826, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2008, Decided
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United States v. Rodriguez-Ferreira, No. 06-2176, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 30, 2008, Decided
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Overview: Defendant was not entitled to "safety valve" reduction under USSG ? 5C1.2(a) because he failed to provide all information and evidence he had concerning offenses not later than his sentencing hearing. Twice after initial hearing commenced, and after stating under oath that he had disclosed all he knew, defendant provided new information and detail.

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