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| Tchuinga v. Gonzales, No. 05-1875,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 7, 2006, Decided
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Overview: Where the BIA denied an alien's motion to reopen seeking to apply for adjustment of status under 8 U.S.C.S. § 1255(a), his petition for review was denied because, inter alia, the court lacked jurisdiction to review the BIA's affirmance of the IJ's application of the frivolous asylum application bar under 8 U.S.C.S. § 1158(d)(6).
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| United States v. Escobar-Figueroa, No. 04-1258,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 7, 2006, Decided
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Overview: Defendant's sentence for drug conspiracy was properly enhanced for firearm possession under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) because defendant concealed weapons. There was no error in not making an individualized finding of a specific drug quantity when it was unlikely that defendant would have received a lesser sentence without it.
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| Marks 3-Zet-Ernst Marks GMBH & Co. KG v. Presstek, Inc., No. 05-2794,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 11, 2006, Decided
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Overview: District court's denial of the company's motion for reconsideration of the court's dismissal of the company's petition to compel arbitration was denied where the new arguments the company raised in its motion for reconsideration could have easily been presented to the district court prior to its order dismissing the petition, but were not.
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| Napier v. F/V Deesie, Inc., Nos. 05-1503, 05-2545,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 11, 2006, Decided
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Overview: Summary judgment dismissing Jones Act and unseaworthiness claims was improper because a causal connection between a fishing accident and a seaman's ulcer could be found based on (1) a doctor's opinion that nonsteroidal anti-inflammatory drugs (NSAIDs) could cause ulcers and (2) the seaman's testimony that he took NSAIDs following the accident.
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| Tsoulas v. Liberty Life Assur. Co., No. 05-2668,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 11, 2006, Decided
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Overview: In an action pursuant to 29 U.S.C.S. § 1132, judgment for an insurer was affirmed because the insurer's decision to terminate the insured's disability benefits, based on medical records and after surveillance showed that the insured's activities suggested an ability to perform her occupational responsibilities, was not arbitrary or capricious.
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| Mandel v. Boston Phoenix, Inc., No. 05-1230,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 12, 2006, Decided
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Overview: In a defamation suit, the district court erred in granting summary judgment to the plaintiff, an assistant state's attorney, on the issue of whether or not he was a public official because the resolution of the issue was premature. The summary judgment evidence was thin and better evidence was readily obtainable at trial.
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| Costa-Urena v. Segarra, No. 05-2322,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 13, 2006, Decided
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Overview: District court properly denied the Governor summary judgment on the employees' political discrimination claims as it was clear that they were not seeking monetary damages and his request that he be relieved of defending against the employees' reinstatement claims was not related to his Eleventh Amendment arguments.
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| Stroni v. Gonzales, No. 05-2561,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 13, 2006, Decided
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Overview: A petition for review was dismissed to the extent that an alien sought review of his asylum claim as the court lacked jurisdiction to review the finding that the asylum petition was timely filed. The withholding of removal and CAT relief portions of the petition were denied as substantial evidence supported the adverse credibility finding.
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