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

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Federal Courts - 1st Circuit Court of Appeals - August 7 - August 12, 2009

Hussain v. Holder, No. 08-2214, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2009, Decided
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Overview: Where a political rival threw a shoe at an alien from Pakistan and broke his hand, he was properly denied withholding of removal and CAT relief because his experiences comprised separate events that stemmed from a private dispute with an individual over a drainage project, and there was no evidence regarding the likelihood of his being tortured.

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Muska v. Holder, No. 08-2196, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2009, Decided
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Overview: Given the limited nature of his evidence and the fact that the 2004 State Department report stated that the political situation had stabilized in Albania, substantial evidence supported the finding that petitioner would not more likely than not face persecution if removed. Having failed to exhaust his other claims, they were dismissed.

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O'Laughlin v. O'Brien, No. 08-1010, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2009, Entered
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O'Laughlin v. O'Brien, No. 08-1010, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2009, Entered
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United States v. Angulo-Hernandez, No. 07-2428, No. 07-2453, No. 07-2460, No. 07-2497, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2009, Entered
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United States v. Sicher, No. 07-2414, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 7, 2009, Decided
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Overview: Defendant was properly sentenced for violations of 18 U.S.C.S. ?? 513 and 669, and 26 U.S.C.S. ? 7201 because she held position of trust for purposes of USSG ? 3B1.3 to support imposition of sentencing enhancement. Defendant, through her roles in medical practice and at a foundation, exercised a great deal of discretion and had little supervision.

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Sensing v. Outback Steakhouse of Fla., LLC, No. 08-1865, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 11, 2009, Decided
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Overview: In reversing the entry of summary judgment for an employer and manager, a court found that a former employee established a prima facie case of handicap discrimination in violation of Mass. Gen. Laws ch. 151B, ? 4(16), and whether the employer's adverse actions were motivated by legitimate safety concerns was a question of fact.

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United States v. Hicks, No. 07-2037, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 11, 2009, Decided
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Overview: Although defendant argued that at his Sixth Amendment right to a jury trial was violated since his prior convictions were not proven to a jury beyond a reasonable doubt, the question of whether he had a predicate conviction was exempt from the rule that a jury must find any fact that raised a sentence above the statutorily-prescribed maximum.

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United States ex rel. Duxbury v. Ortho Biotech Prods., L.P., No. 08-1409, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 12, 2009, Decided
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Overview: 31 U.S.C.S. ? 3730(e)(4)(B) only required that a relator provide his or her information prior to the filing of the qui tam suit. Therefore, the district court did not err in holding that in light of the second relator's conclusory allegations, he did not qualify as an "original source" under ? 3730(d)(1), and in dismissing his kickback claims.

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