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| Am. Nat'l Fire Ins. Co. v. York County, No. 08-2439,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
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Overview: Insurance company was equitably estopped from pursuing its claim for reimbursement of deductibles because the insurance company's course of conduct was unreasonable and misleading, the county reasonably bought into the impression that the insurance company had created, and the county, through that reliance, suffered a cognizable detriment.
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| Franklin Mem. Hosp. v. Harvey, No. 08-2550,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
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Overview: A non-profit hospital's objections to Maine's free care laws and to the MaineCare program was a dispute with political policy choices and the laws were not unconstitutional regulatory takings under either a per se or ad hoc analysis. The hospital's better course of action was to seek redress through the state's political process.
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| Interface Partners Int'l, Ltd. v. Hananel, No. 08-1983,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
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Overview: In a former employer's breach of contract suit against a former employee, it was not an abuse of discretion to grant the employee's motion to dismiss on forum non conveniens grounds, because, inter alia, the employee's alleged breaches of the contract occurred in Israel and testimony from the employee's Israeli witnesses was relevant.
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| Morse v. Rudler (In re Rudler), No. 08-9007,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
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Overview: Means test for identifying an abusive Chapter 7 petition allowed the debtor to deduct from his income the installment payments due for property he planned to surrender in the bankruptcy under 11 U.S.C.S. § 707(b)(2) because at the time the disposable income calculation was performed, such payments remained "scheduled as contractually due."
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| Punzalan v. Holder, No. 08-2277,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
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Overview: Where an alien's first motion to reopen was filed after his voluntary departure deadline, his second motion to reopen under 8 U.S.C.S. § 1229a based on ineffective assistance of counsel was properly denied because, inter alia, he failed to meet his burden of providing sufficient detail of counsel's ineffectiveness.
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| United States v. Stone, No. 08-1459,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 5, 2009, Decided
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Overview: Where defendant pled guilty to child pornography under 18 U.S.C.S. §§ 2252A and 2256, his 210-month sentence was upheld because the district court appreciated its Kimbrough discretion and clearly understood that it could impose a variant sentence under the advisory Sentencing Guidelines, and the sentence was substantively reasonable.
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