1st Circuit Court of Appeals, September, 2007, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - September 6 - September 11, 2007

Khan v. Bankowski (In re Khan), BAP NO. MB 07-036, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, September 6, 2007, Decided
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Overview: Question of whether bankruptcy debtor had sufficient prior interest in real property through nominee trust to avoid homestead exemption limitation of 11 U.S.C.S. ? 522(p)(1)(A) was not properly before bankruptcy appellate panel, since record below contained no evidence of terms of trust or any claim that trust was nominee trust.

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Kristan v. Nesbit (In re Kristan), BAP NO. EP 07-032, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, September 6, 2007, Decided
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Overview: Lessor did not violate 11 U.S.C.S. ? 362(a) when she sued a Chapter 7 debtor in state court, seeking damages for unpaid rent. Lessor's claims arose out of a rental agreement that was signed after debtor declared bankruptcy, and automatic stay was terminated before lessor filed her action, when bankruptcy court denied debtor's request for discharge.

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Mejia-Orellana v. Gonzales, No. 06-2454, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 6, 2007, Decided
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Overview: Alien's petition for review of the BIA finding that he was ineligible for cancellation of removal was denied because under 8 U.S.C.S. ? 1229b(a), an alien who has acquired his "lawful permanent resident status" by fraud or misrepresentation has not been lawfully admitted and so is ineligible for a cancellation of removal.

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Rivera-Torres v. Rey-Hernandez, No. 06-2495, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 6, 2007, Decided
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Torres-Alamo v. Puerto Rico, No. 06-1903, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 6, 2007, Decided
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Overview: District court did not abuse its discretion when it dismissed an employee's claims for failure to show cause under Fed. R. Civ. P. 41(b) because after receiving clear instructions and two time extensions, the employee's response to the order to show cause did not address the infirmities of her Title VII or constitutional claims.

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Verizon New England, Inc. v. Me. PUC, No. 06-2151, No. 06-2429, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 6, 2007, Decided
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Overview: State utilities commissions could not insist (despite delisting) that a telephone company, applying to enter the long distance market per 47 U.S.C.S. ? 271, provide disputed network elements per 47 U.S.C.S. ?? 251-252 and do so at total long run incremental cost pricing as such position was at odds with statutory language, history, and policy.

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Yaoling Yu v. Gonzales, No. 06-2179, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 6, 2007, Decided
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Overview: BIA's denial of the alien's application for asylum under 8 U.S.C.S. ? 1158 was supported by substantial evidence where the record supported the IJ's adverse credibility determination since the alien was inconsistent in her recollection of who was present when the abortion took place, and her account of being taken to the hospital.

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Carter v. Lindgren, No. 06-2539, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 7, 2007, Decided
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Overview: Parents' ? 1983 action against state child services officers was properly dismissed due to qualified immunity as, while deprivation of the right to familial integrity implicated the Fourteenth Amendment, their removal of children from the parents' home was reasonable; the father was indicted for child molestation and both had intimated suicide.

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Coffin v. Bowater, Inc., Nos. 06-1964, 06-2101, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 7, 2007, Decided
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Overview: Partial summary judgment to parent company on retirees' ERISA claim was proper because, although parent did not terminate its responsibility for plans according to procedural requirements of 29 U.S.C.S. ?? 1102 and 1104 when it sold subsidiary, plan consolidation four years later effectively ended its financial responsibility for health benefits.

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Cruz-Camey v. Gonzales, No. 06-2590, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 11, 2007, Decided
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