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	Federal Courts - 1st Circuit Court of Appeals - August 1 - August 6, 2008
	Am. Steel Erectors, Inc. v. Local Union No. 7, Int'l Ass'n of Bridge, Structural, Ornamental & Reinforcing Iron Workers, No. 07-1832, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 1, 2008, Decided View this case - free   Overview: Summary judgment on nonunion contractors' labor and antitrust claims was reversed because there were genuine issues of material fact as to the nature and extent of a union local's allegedly coercive tactics, and whether local pressured neutral employers into agreements to refrain from using nonunion contractors in violation of 29 U.S.C.S. ¿ 158(e). Search Cases for Free | Daily, Weekly or Monthly Research Subscription Offers | Case Summary Email Service - 50% off
	Aronov v. Chertoff, No. 07-1588, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 1, 2008, Decided View this case - free   Overview: In an 8 U.S.C.S. ¿ 1447(a) action, a district court did not abuse its discretion in holding that an alien was a prevailing party and that the government's pre-litigation conduct- -an 18-month delay in acting on the alien's naturalization application after his interview- -was not substantially justified, and properly awarded him fees under the EAJA. Search Cases for Free | Daily, Weekly or Monthly Research Subscription Offers | Case Summary Email Service - 50% off
	Malone v. Clarke, No. 07-1613, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 1, 2008, Decided View this case - free   Overview: Inmate's habeas petition was denied where the state court did not unreasonably apply the Strickland standard to the facts of the case, and thus, its finding that the inmate was not prejudiced by his counsel's failure to subpoena the officer was not contrary to, or an unreasonable application of, clearly established federal law under the AEDPA. Search Cases for Free | Daily, Weekly or Monthly Research Subscription Offers | Case Summary Email Service - 50% off
	Trenkler v. United States, No. 07-1678, No. 07-1679, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 1, 2008, Decided View this case - free   Overview: Grant of inmate's petition for a writ of coram nobis was reversed because the district court had no authority to issue the writ where the petition was a successive 28 U.S.C.S. ¿ 2255 petition brought on behalf of a federal inmate still in custody and challenged his sentence. Thus, the district court should have recharacterized the petition as such. Search Cases for Free | Daily, Weekly or Monthly Research Subscription Offers | Case Summary Email Service - 50% off
	CoxCom, Inc. v. Chaffee, No. 07-2030, No. 07-2031, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 4, 2008, Decided View this case - free   Overview: Where sellers provided filters that interfered with pay-per-view billing, summary judgment was properly granted on a cable services provider's Cable Communications Policy Act of 1984, 47 U.S.C.S. ¿ 553, and Digital Millennium Copyright Act, 17 U.S.C.S. ¿ 1201, claims as, inter alia, the sellers knew that the filters were used to bypass billing. Search Cases for Free | Daily, Weekly or Monthly Research Subscription Offers | Case Summary Email Service - 50% off
	United States v. Diaz-Correa, No. 06-2721, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 4, 2008, Decided View this case - free   Overview: Remand for resentencing was ordered because of plain error in applying enhancement for theft from person of another under USSG ¿ 2B1.1.(b)(3) where the offense conduct--identity theft--involved no physical taking of property, and district court may have erred in failing to make individualized determinations of loss amount and number of victims. Search Cases for Free | Daily, Weekly or Monthly Research Subscription Offers | Case Summary Email Service - 50% off
	United States v. Russell, No. 07-1790, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 6, 2008, Decided View this case - free   Overview: District court avoided procedural error at defendant's third sentencing hearing by properly considering all of the relevant factors, including the crack/powder disparity, in making its 18 U.S.C.S. ¿ 3553(a) determination that a 180-month sentence was sufficient, but not greater than necessary. Therefore, defendant's sentence was reasonable. Search Cases for Free | Daily, Weekly or Monthly Research Subscription Offers | Case Summary Email Service - 50% off
	Vega v. Cruz-Burgos, No. 07-1682, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 6, 2008, Decided View this case - free   Overview: A public employee's ¿ 1983 complaint was properly dismissed for untimeliness because the one-year limitations period began running when he received a letter notifying him of his suspension, and he did not file his complaint for over 20 months. His administrative claim did not toll the limitations period under P.R. Laws Ann. tit. 31, ¿ 5303. Search Cases for Free | Daily, Weekly or Monthly Research Subscription Offers | Case Summary Email Service - 50% off
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