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| Bristol West Ins. Co. v. Wawanesa Mut. Ins. Co., No. 08-2269,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 1, 2009, Decided
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Overview: Where a Maine resident was in a car accident with a New Brunswick resident in New Brunswick, an "out of state coverage" clause expanded the coverage because, inter alia, the clause provided coverage for an accident which occurred out of state up to the limits of liability provided for by a financial responsibility law of the place of the accident.
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| Odunukwe v. Bank of Am., No. 08-1031,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 1, 2009, Decided
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Overview: Where a bank customer asserted a § 1981 claim and a jury found in favor of the bank, his Batson claim failed because, inter alia, the minority percentage of his petit jury was at least 25%; his requested jury instruction was properly rejected, and a Massachusetts Commission Against Discrimination Investigation Fact Sheet was properly excluded.
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| Sarsfield v. Great Am. Ins. Co., No. 08-1890,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 1, 2009, Decided
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Overview: Where an assignee was convicted of rape, was exonerated, and sued a city, an insurer had no duty to defend or indemnify the city for the assignee's cause of action, because the policy was an "occurrence policy" and the assignee's complaint against the city in the underlying action did not allege a wrongful act during the policy period.
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| Aponte-Hernandez v. Cruz-Velez, No. 08-1482,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 2, 2009, Decided
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Overview: Evidence was sufficient to support a verdict in favor of an independent prosecutor and the prosecutor's deputy in a government official's 42 U.S.C.S. § 1983 action for malicious and retaliatory prosecution; the official's evidence that he was maliciously prosecuted in connection with a real estate transaction was not uncontroverted.
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| Cendrawasih v. Holder, No. 08-2178,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 2, 2009, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported denying asylum for an Indonesian alien, who was both Christian and ethnic Chinese, because she was only faced with isolated incidents, and country conditions reports established that there was no ongoing pattern or practice of persecution of ethnic Chinese or Christians in Indonesia.
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| Correa-Ruiz v. Fortuno, No. 06-2578,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 7, 2009, Decided
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Overview: Where officers were terminated based upon the mandatory retirement age under Puerto Rico Law 181, their ADEA and due process claims were dismissed because, inter alia, Law 181 was consistent with 29 U.S.C.S. § 623(j), and defendants were not required to administer fitness tests before enforcing Law 181's mandatory retirement age.
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