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   Federal Courts - 1st Circuit Court of Appeals - August 7, 2007

  
Brown v. Latin Am. Music Co., No. 06-2710, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Dismissal of counterclaim for copyright infringement was proper because defendants presented no substantive support for copyright claim, as against 20-year gap between date of first publication stated on registration certificate and date of registration and uncontroverted documentary evidence of prior publication without required statutory notice.

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Davila v. Corporacion De P.R. Para La Difusion Publica, No. 06-2353, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Summary judgment was properly granted to an employer in an age discrimination case under the Age Discrimination in Employment Act, 29 U.S.C.S. § 621 et seq., and P.R. Laws Ann. tit. 29, § 146 because there was no evidence to negate poor performance reviews and the employer's statement that he was terminated due to poor performance.

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Martinez-Rivera v. Ramos, No. 06-2398, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: The Fifth Amendment Due Process Clause applied only to actions of the federal government, not to those of state or local governments. As the deceased's family members did not allege that any of the police officers or state officials were federal actors, any Fifth Amendment claim brought in the § 1983 civil rights action was properly dismissed.

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Phoung Luc v. Wyndham Mgmt. Corp., No. 06-1737, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Court affirmed dismissal of injured couple's "method of operation" claim against a bar, which served an intoxicated driver, and tort claims against the hotel which housed the bar because federal court in diversity suit was bound to follow the law as articulated by state courts, and Massachusetts did not recognize the couple's theories of liability.

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United States v. D'Amico, Nos. 05-1468, 05-1573, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Where defendant was convicted of extortion under color of official right, a violation of the Hobbs Act, 18 U.S.C.S. § 1951, contrary to his assertions, because the complaint could be read to include only one Hobbs Act violation-extortion or the lesser included offense of attempted extortion-it was not duplicitous on its face.

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United States v. Duval, Nos. 05-2163 and 06-1317, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Convictions under 18 U.S.C.S. § 922(g)(1) were proper because, although the government's conduct clearly violated its obligations under Brady v. Maryland and the Jencks Act, 18 U.S.C.S. § 3500(b), district court did not abuse its discretion in determining that neither defendant was prejudiced by belated disclosures of Brady and Jencks Act material.

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United States v. Hyde, No. 05-2897, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Order that government could enforce restitution order was affirmed because Mandatory Victims Restitution Act, codified in part at 18 U.S.C.S. § 3613, allowed government to garnish sale proceeds of a house that a debtor had attempted to exempt from the reach of creditors, under Mass. Gen. Laws ch. 188, § 1, in his Chapter 7 bankruptcy proceeding.

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United States v. Matthews, Nos. 05-1655, 05-1925, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Defendant's juvenile case showed that pursuant to Mass. Gen. Laws Ann. ch. 119, § 55A, he was offered, and declined, a jury. Defendant therefore was provided more process than he was constitutionally due in his juvenile proceeding and his adjudication of delinquency qualified as a predicate conviction for purposes of the ACCA.

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Vigeant v. United States, No. 06-2577, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2007, Decided
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Overview: Summary judgment was properly entered for the Government in an arrestee's FTCA, 28 U.S.C.S. §§ 2671-2680, action asserting false arrest, false imprisonment, malicious prosecution, and abuse of process as, though the exclusionary rule was applied in his criminal proceedings, it did not apply in the civil case and probable cause supported his arrest.

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