1st Circuit Court of Appeals, August, 2008, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - August 28 - September 3, 2008

Chaloult v. Interstate Brands Corp., No. 07-2694, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 28, 2008, Decided
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Overview: Where the employer was deprived of the opportunity to take remedial action for alleged sexual harassment because the female employee largely failed to make allegations of sexual harassment until she filed suit over a year after leaving her job. The employer made out a valid Faragher-Ellerth defense to vicarious liability.

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In re Barach, No. 06-8033, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 28, 2008, Decided
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Overview: Reciprocal discipline was imposed, pursuant to Fed. R. App. P. 46(b)(2), and attorney was suspended from practice of law before federal court just as he was before state court because preponderance of the evidence standard under Mass. R. Bar Overseers 3.28 did not offend due process or render state disciplinary proceedings fundamentally unfair.

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Kurniawan v. Mukasey, No. 07-2421, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 28, 2008, Decided
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Overview: Indonesian who claimed that he and his wife were harassed after converting to Christianity failed to prove that it was more likely than not that he would be persecuted if he returned to Indonesia. Nothing in the record or in his inadequate brief compelled a finding that he was entitled to withholding of removal under 8 U.S.C.S. ? 1231(b)(3).

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United States v. Ayala, No. 07-1570, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 28, 2008, Decided
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Overview: Because the court previously upheld the constitutionality of the 100-to-1 crack/powder ratio against Equal Protection and Eighth Amendment proportionality challenges, defendant's claim that the recommended punishment for crack offenses was unconstitutionally harsh did not constitute error, plain or otherwise.

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United States v. Carrasco, Nos. 06-1887, 06-1888, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 28, 2008, Decided
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Overview: Failure to abide by previous rulings about admissibility of evidence could be error, especially where there had been reliance. Because district court plainly misremembered its own ruling, and because the admission of defendant "C's" confession to impeach him may have made the difference between his conviction and acquittal, conviction was reversed.

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Venture Tape Corp. v. McGills Glass Warehouse, No. 07-1186, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 28, 2008, Decided
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Overview: A manufacturer was properly granted summary judgment on its Lanham Act claims under 15 U.S.C.S. ?? 1125(a), 1141 as, inter alia, defendants purposely embedded the manufacturer's mark in its metatags and invisible background text, and proof of actual consumer confusion was unnecessary; an award of profits under 15 U.S.C.S. ? 1117(a) was sufficient.

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United States v. Hernandez, No. 07-1828, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 29, 2008, Decided
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Overview: Where defendant committed an offense while under a criminal justice sentence, district court appropriately elevated his criminal history score by two points under U.S. Sentencing Guidelines Manual ? 4A1.1(d) even though the offense was not committed within the confines of the offense for which he was under a criminal justice sentence.

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United States v. Schussel, No. 07-2095, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 29, 2008, Decided
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Overview: Evidence in tax evasion case was sufficient to support defendant's conviction for conspiracy to defraud the U.S., in violation of 18 U.S.C.S. ? 371, because none of the unindicted coconspirators met the standard for withdrawal from the conspiracy. Also, crime-fraud exception to attorney-client privilege applied to three documents admitted at trial.

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McGill v. United States Express Truck Co., No. 08-1101, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 3, 2008, Decided
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