1st Circuit Court of Appeals, August, 2007, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - August 6, 2007

Hatfield-Bermudez v. Aldanondo-Rivera, Nos. 05-2235, 05-2293, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 6, 2007, Decided
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Overview: Where a jury found in favor of a former night school director after education officials did not renew her contract, concluding that her First Amendment political affiliation rights had been violated, a Fed. R. Civ. P. 50(b) motion was properly granted as she failed to show that selection committee members were aware of her political affiliation.

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Shank/Balfour Beatty v. IBEW Local 99, No. 06-2480, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 6, 2007, Decided
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Overview: Where a union laid claim to electrical work while a company asserted that it could assign it as it wished, the dispute was not "jurisdictional" such that it was explicitly excluded under the terms of the parties' collective bargaining agreement because it was not one between competing employees, but rather, it was between the union and management.

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Todisco v. Verizon Communs., Inc., No. 06-1957, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 6, 2007, Decided
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Overview: In an ERISA suit, a wife's motion to amend was properly denied as she did not seek appropriate equitable relief that could be awarded per ERISA's ? 502(a)(3), 29 U.S.C.S. ? 1132(a)(3); she was seeking legal relief under the terms of the plan in that she sought damages due to an employer's failure to honor an oral representation made to her husband.

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