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| Alexandrescu v. Mukasey, No. 07-2732,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2008, Decided
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Overview: Under 8 U.S.C.S. § 1252, Romanian alien's asylum claim was properly denied because he suffered no persecution based on allegations of punishment while in the military and forced resignation from a commercial pilot job since there was no serious economic deprivation and he was granted permission for his travel requests.
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| N.J. Carpenters Pension & Annuity Funds v. Biogen IDEC Inc., No. 07-2626,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2008, Decided
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Overview: Complaint against pharmaceutical maker and its executives was properly dismissed for failing to meet adequately pleading requirements for scienter established in Private Securities Litigation Reform Act of 1995 because, even if statements as to stock were arguably misleading, class did not sufficiently allege that statements were intentionally so.
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| Philip v. Cronin, No. 06-1860,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2008, Decided
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Overview: Where a medical examiner was terminated after engaging in unprofessional behavior and sending e-mails to the governor criticizing the Office of the Chief Medical Examiner (OCME), the OCME Administrator's motion for directed verdict was properly granted as to the First Amendment claim because the Administrator was entitled to qualified immunity.
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| Kouvchinov v. Parametric Tech. Corp., No. 07-2395,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 8, 2008, Decided
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Overview: Where an employee lost his ERISA, 29 U.S.C.S. §§ 1101-1461, benefits and was fired from a new contracting job with a former employer as he was suspected of double-dipping, his 29 U.S.C.S. § 1140 claim was properly summarily dismissed as specific intent was not required and there was no trial-worthy issue as to pretext or discriminatory purpose.
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| Sinurat v. Mukasey, No. 07-2230,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 8, 2008, Decided
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Overview: Alien's petition for review of the denial of his application for asylum, withholding of removal, and CAT relief was denied under the standard set forth in 8 U.S.C.S. § 1252(b)(4)(B) as an attack by students from another school did not amount to persecution and there was no ongoing pattern or practice of persecution against Christians in Indonesia.
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| United States v. Diaz-Fontanez, No. 06-2061,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 8, 2008, Decided
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Overview: Where defendant was resentenced for crack cocaine conspiracy offenses, he was entitled to credit under U.S. Sentencing Guidelines Manual § 5G1.3 for time served in state custody on a related local firearms offense because the local firearms offense was relevant conduct and the local offense resulted in an increase in his offense level.
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| Harry C. Crooker & Sons, Inc. v. OSHRC, No. 07-2770,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 11, 2008, Decided
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Overview: Contractor's petition for judicial review was denied because contractor failed to prove that compliance with 29 C.F.R. § 1926.600(a)(6) was infeasible; that on the facts general industry standard, 29 C.F.R. § 1910.333, should have been read to supplant cited regulation; and that power lines were fully insulated, obviating the clearance requirement.
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| United States v. Famania-Roche, No. 07-1499,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 11, 2008, Decided
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Overview: Conviction for conspiracy to possess with intent to distribute and distribution of heroine and cocaine was affirmed in part because testimony that defendant controlled a drug point and witness's description of quantities of drugs sold at various drug points on a weekly basis did not lack a foundation in personal knowledge under Fed. R. Evid. 602.
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| Naser Jewelers, Inc. v. City of Concord, No. 08-1305,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 12, 2008, Decided
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Overview: Where a company alleged that a city ordinance prohibiting electronic messaging centers violated the First Amendment and the denial of its preliminary injunction motion was affirmed on appeal, the city was properly granted summary judgment because the law of the case doctrine applied since the arguments and evidence were essentially the same.
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| United States v. Beatty, No. 06-2481,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 12, 2008, Decided
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Overview: Where defendant pled guilty to drug distribution, but contested the drugs' weight and characterization, it was not error to refuse to grant the reduction for acceptance of responsibility under U.S. Sentencing Guidelines Manual § 3E1.1(b), because the Government had the discretion to determine whether to file a motion recommending such a reduction.
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