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   Federal Courts - 1st Circuit Court of Appeals - June 23 - June 26, 2006

  
Martins v. Gonzales, No. 05-2295, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 23, 2006, Decided
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Overview: Petition for review pursuant to 8 U.S.C.S. § 1252 of the BIA's summary affirmance of an IJ's decision to deny a Brazilian citizen's application for political asylum was denied; the IJ's decisions that the citizen was not a credible witness and to give no weight to the documents that he submitted were adequately supported by the record.

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McDonough v. City of Quincy, Nos. 04-1902; 04-1969, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 23, 2006, Decided
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Overview: Police officer's Title VII retaliation action was not precluded by his earlier lawsuit because the issues in both cases were not identical; the evidence supported the jury's finding that the city's reasons for its actions were pretextual; the compensatory damages were high, but allowable; the punitive damages claim should have gone to the jury.

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Sheehan v. Richardson, No. 04-2505, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 23, 2006, Decided
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Sterling Consulting Corp. v. IRS (In re Indian Motorcycle Co.), Nos. 03-1809, 05-1474, No. 03-2210, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 23, 2006, Decided
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Overview: Where a district court sanctioned the IRS for taking inconsistent tax assessment positions and allegedly delaying the case by seeking approval of a settlement, the IRS had Article III standing to appeal because the formal sanction order continued to have a potential real-world impact upon the IRS; the sanctions were found to be unsupported.

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United States v. Martinez, No. 04-1013, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, June 23, 2006, Decided
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Overview: Where defendant argued that affidavits in support of wiretaps on defendant's cellular telephones did not satisfy the "necessity" requirement of 18 U.S.C.S. § 2518, his motion to suppress was properly denied because, inter alia, the affidavits explained in detail how and why other normal investigative techniques were exhausted or not feasible.

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E. Sav. Bank fsb v. Lafata (In re Lafata), BAP NO. MW 05-055, Bankruptcy No. 04-44511-JBR, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, June 26, 2006, Decided
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Overview: A bankruptcy creditor was properly denied relief under Fed. R. Civ. P. 60(b) from a bankruptcy court's orders bifurcating its claim into secured and unsecured portions because the creditor failed to exercise due diligence to discover that the debtor did not hold title to a dwelling securing a note, as the deed had not been delivered or recorded.

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