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| Dahar v. Jackson (In re Jackson), No. 05-2702,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 18, 2006, Decided
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Overview: A debtor's transfers of property to his wife were properly found to be constructively fraudulent pursuant to N.H. Rev. Stat. Ann. § 545-A:4 because, inter alia, the bankruptcy court considered the impact of the debtor's personal assets on the "remaining assets" inquiry and found that he could not pay his debts after the transfer.
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| Pastrana-Torres v. Corporacion De P.R. Para La Difusion Publica, No. 05-2298,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 18, 2006, Decided
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Overview: In employees' retaliation suit against the Corporacion de Puerto Rico Para La Difusion Publica (WIPR), WIPR was not entitled to Eleventh Amendment immunity, because WIPR's enabling act, Public Broadcasting Corporation for Puerto Rico Act of 1996, did not unequivocally indicate that the Commonwealth structured WIPR to share its sovereignty.
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| T-Peg, Inc. v. Vt. Timber Works, Inc., No. 05-2866,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 18, 2006, Decided
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Overview: There were genuine issues of material fact both as to copying and as to substantial similarity, which made the question of copyright infringement under the Architectural Works Copyright Protection Act (AWCPA), Pub. L. No. 101-650, §§ 701-706, 104 Stat. 5089, 5133-34 (1990) one that could not have been resolved on summary judgment.
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| United States v. Taffere, No. 05-2647,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2006, Decided
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Overview: Defendant's sentence was affirmed because the district court did not err in finding that a sentence reduction based on the disparity between crack and powder cocaine would create rather than avoid sentencing disparity among different judges and districts. The resulting sentence was not greater than necessary under 18 U.S.C.S. § 3553(a).
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| Watman v. Groman (In re Watman), No. 05-2687,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2006, Decided
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Overview: Bankruptcy court properly concluded that debtor, a dentist, in transferring property of a dental practice acted with actual intent to hinder, delay, or defraud his creditor under 11 U.S.C.S. § 727(a)(2) and the bankruptcy court properly denied discharge of the debt to purchase the practice. Bankruptcy court's approach on remand was appropriate.
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| Younes v. Gonzales, No. 05-2641,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 21, 2006, Decided
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Overview: Denial of an alien's application for political asylum due to an adverse credibility determination was affirmed because the alien did not explain how the evidence presented compelled a contrary result, as required by 8 U.S.C.S. § 1252(b)(4)(B) of the Immigration and Nationality Act.
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