1st Circuit Court of Appeals, July, 2009, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - July 31 - August 3, 2009

Banturino v. Holder, No. 08-1979, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 31, 2009, Decided
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Overview: Christian alien from Indonesia was properly denied withholding of removal under 8 U.S.C.S. ? 1231 because he pointed to no evidence establishing a nexus between the harm he suffered and his religion, and he did not establish that there was a clear threat to his life or freedom if he returned; court lacked jurisdiction to review denial of asylum.

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Rivera v. Centro Medico de Turabo, Inc., No. 07-2657, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 31, 2009, Decided
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Overview: Where a patient alleged medical malpractice and sought damages from a hospital and doctors under P.R. Laws Ann. tit. 31, ?? 5141 and 5142, a forum selection clause in two preoperative consent forms was enforceable because, inter alia, the clause was mandatory and the patient failed to show fraud, overreaching, or a public policy violation.

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Sasso v. Boyajian (Sasso), BAP NO. RI 08-080, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, July 31, 2009, Decided
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Simmons v. Galvin, No. 08-1569, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 31, 2009, Decided
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Overview: Because Congress never intended 42 U.S.C.S. ? 1973 to prohibit the states from disenfranchising currently incarcerated felons, no Voting Rights Act claim was stated by prisoners who challenged Mass. Const. amend. art. CXX and another law that disenfranchised imprisoned felons. Nor did the new laws violate the Ex Post Facto Clause.

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United States v. Carrasquillo-Carmona, No. 08-1421, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 31, 2009, Decided
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Overview: Where defendant was found guilty of carjacking under 18 U.S.C.S. ? 2119(2), it was not plain error to fail to depart sua sponte based on diminished mental capacity under U.S. Sentencing Guidelines Manual ? 5K2.13, because his personal characteristics were considered; ineffective assistance claim could not be resolved due to the undeveloped record.

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Ecker v. United States, Nos. 08-1508,08-1509, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 3, 2009, Decided
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Overview: Order under 18 U.S.C.S. ? 4246(e) that the inmate be conditionally released from federal custody was affirmed since the court complied with the statutory requirements of ? 4246(e) where the warden's letter was clear that the medical staff had recommended the inmate for conditional release and the warden submitted a plan for his conditional release.

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Hayes v. Mass. Dep't of Revenue (In re Hayes), BAP NO. MB 09-001, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, August 3, 2009, Decided
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Taylor v. Am. Chemistry Council, No. 07-2422, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 3, 2009, Decided
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Overview: Where an employee was exposed to vinyl chloride monomer (VC) and died from liver cancer, suppliers and a trade association were not liable for failure to warn, because the employer was a sophisticated user of VC; the fraud and civil conspiracy claims also failed to survive summary judgment.

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