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   Federal Courts - 1st Circuit Court of Appeals - September 23 - September 25, 2008

  
New Eng. Surfaces v. E.I. du Pont de Nemours & Co., No. 08-1048, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 23, 2008, Decided
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Overview: In an action based on a manufacturer's termination of a distributorship, judgment as to a count asserting the manufacturer's liability under Connecticut Franchise Act was vacated because Conn. Gen. Stat. ¿ 42-133f(f), if applicable, would have overridden the termination without cause provision in the manufacturer's franchise agreements.

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United States v. O'Brien, No. 07-2312, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 23, 2008, Decided
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Overview: Machine gun possession was properly found to be an element of an offense under 18 U.S.C.S. ¿ 924(c) to be submitted to a jury-rather than a sentencing enhancement-based on precedent and, thus, that a Cobray pistol tested as an automatic weapon did not trigger a 30-year minimum sentence because a statutory amendment did not change the analysis.

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Welch v. Ciampa, No. 07-2470, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 23, 2008, Decided
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Overview: Summary judgment for a town, its chief of police, and others was reversed in part because a police officer's non-reappointment did constitute an adverse employment action sufficient to support a ¿ 1983 claim against the police chief, and the officer's refusal to support a town selectmen recall election was conduct protected by the First Amendment.

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Rabbat v. Mukasey, No. 08-1330, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 24, 2008, Decided
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Thomas v. Rhode Island, No. 07-1985, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 24, 2008, Decided
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Overview: An attempt to replace a weak ¿ 1983 excessive force claim with a probable cause claim on appeal was unavailing because there was not a hint of the claim in the proceedings below, and it was unreviewable. Because no proposed amendment was submitted as required by D.R.I. R. 15, leave to amend was properly denied.

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United States v. Alcantara-Mendez, No. 06-2675, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 24, 2008, Decided
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Zhou Lu v. Mukasey, No. 08-1113, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 24, 2008, Decided
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Bagh v. Mukasey, No. 07-2187, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 25, 2008, Decided
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Overview: Where an alien alleged that he was persecuted in India because of his father's political beliefs, his asylum application was properly denied under 8 U.S.C.S. ¿¿ 1101 and 1158 because, inter alia, substantial evidence supported the finding that neither his political opinion nor his membership in his family was a central reason for an attack.

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Keo v. Mukasey, No. 08-1103, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 25, 2008, Decided
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Sunarno v. Mukasey, No. 07-2623, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 25, 2008, Decided
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Overview: An alien's motion reopen his immigration proceedings was denied because the new evidence that he submitted, which consisted mainly of newspaper articles documenting prejudice and violence that Christians in Indonesia experienced at the hands of Muslim extremists, did not show that he would more likely than not be persecuted if he returned.

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