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   Federal Courts - 1st Circuit Court of Appeals - June 16 - June 22, 2006

  
Chalupowski v. Meyers, No. 05-2349, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 16, 2006, Decided
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Diaz-Fonseca v. Puerto Rico, Nos. 05-1301, 05-1472, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 16, 2006, Decided
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Overview: Court reversed and vacated much of a jury verdict against the Commonwealth of Puerto Rico and others. Only limited compensatory damages and no compensatory damages were available in an IDEA suit, and plaintiffs could not invoke other federal statutes to avoid those statutory limits.

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Madelux Int'l., Inc. v. Barama Co., No. 05-1568, No. 05-1862, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 16, 2006, Decided
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Overview: Judgment granting corporation's motion to dismiss a claim that it tortiously interfered with exclusive distribution rights, under P.R. Laws Ann. tit. 31, § 5141, was affirmed as finding that corporation had no awareness of any protected distributorship rights held by plaintiff and was not liable for tortious interference was not clearly erroneous.

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Onikoyi v. Gonzales, No. 05-2426, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 16, 2006, Decided
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Overview: Given the discretionary nature of IJ's denial of Nigerian citizen's applications for adjustment of status and waiver of inadmissibility, court had no jurisdiction under 8 U.S.C.S. § 1252(a)(2)(B)(i) to consider merits of petition for review; court also lacked jurisdiction to fashion new voluntary departure period or to reinstate the expired period.

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Baena v. KPMG LLP, No. 05-2868, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 22, 2006, Decided
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Overview: The district court properly dismissed an unfair/deceptive trade practice claim under Mass. Gen. Laws ch. 93A, §§ 1-11, by the liquidating trustee of a bankrupt company against the company's former accountants, who allegedly, knowingly tolerated patently improper accounting practices by company management, because in pari dilecto barred the claim.

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Muniz v. Rovira-Martino, No. 05-2618, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 22, 2006, Decided
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Overview: Where a jury found that a minor suffered a permanent arm injury due to a doctor's malpractice, the doctor's motion to set aside the judgment pursuant to Fed. R. Civ. P. 60(b)(3) was properly denied because he did not establish that the district court's interpretation of surveillance footage was clearly erroneous under Fed. R. Civ. P. 52.

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Patterson v. United States, No. 05-2093, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 22, 2006, Decided
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Overview: Plaintiffs' claim for the wrongful death of their father was untimely under the FTCA because news of the FBI's involvement received sufficient publicity to charge the sister with constructive knowledge around January 2001, but plaintiffs did not file their claim until December 2003; relation back to their uncle's untimely claim would be futile.

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Sandhu v. Gonzales, No. 05-2435, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 22, 2006, Decided
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Overview: An IJ did not abuse his discretion in denying an alien's request to reopen the removal proceedings against him when the alien failed to appear and an in absentia removal order was entered under 8 U.S.C.S. § 1229a(5)(A) because an inaccurate notice of hearing date was corrected and mailed to the alien's counsel well in advance of the hearing.

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United States v. Wilson, No. 05-2452, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 22, 2006, Decided
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Overview: Defendant's drug conspiracy sentence was upheld because, inter alia, the sentence did not exceed the maximum authorized by the facts established by his plea of guilty under 21 U.S.C.S. §§ 841 and 960, there was no Sixth Amendment violation regarding the factual findings, and evidence supported the finding that he qualified as a leader or organizer.

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