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| Riley v. Nat'l Lumber Co. (In re Reale), No. 08-9010,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 15, 2009, Decided
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Overview: Because gift funds became a debtor's property and the debtor exercised sufficient control over the funds to show that they were an interest of the debtor in property, the payment of the funds to satisfy a debt in the period prior to filing a Chapter 7 bankruptcy was a preferential transfer and avoidable under 11 U.S.C.S. ¿ 547(b).
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| United States v. Chaney, No. 08-2089,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 15, 2009, Decided
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Overview: Any delay created in the first few minutes of a traffic stop by asking for defendant passenger's identification was de minimis, and the officer quickly developed reasonable suspicion to investigate further given defendant's implausible answers and nervous demeanor. The officer's actions were reasonable, and there was no Fourth Amendment violation.
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| Velez v. Thermo King de P.R., Inc., No. 08-1320,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 16, 2009, Decided
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Overview: Because a former employee presented a prima facie case of age discrimination and he raised a genuine issue of fact whether his former employer's stated reasons for firing him were a pretext for age discrimination in violation of the ADEA and Puerto Rico laws, the entry of summary judgment in the employer's favor was vacated.
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| Am. Express Bank, FSB v. Askenaizer (In re Plourde), BAP NOS. NH 08-093, 08-096,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, October 19, 2009, Decided
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Overview: In a chapter 7 case, where credit card creditors failed to provide itemizations of principal, interest, and other fees that would permit a determination of the priority distribution their claims should be accorded, the creditors were not entitled to general unsecured status, but were afforded priority only under 11 U.S.C.S. ¿ 726(a)(4).
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| Baldwin v. Bader, Nos. 08-2588, 09-1017,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 19, 2009, Decided
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Overview: District court properly found that company's directors were liable to shareholder for issuing second set of equity shares as compensation because directors used same formula that was used when company was in trouble, and directors provided very little evidence to show that using old compensation formula was fair when second transaction was made.
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| Zuluaga v. Spencer, No. 08-1402,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 19, 2009, Decided
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Overview: Federal habeas relief was properly denied to state prisoner on Brady claim; although state court cited no case law, AEDPA required deferential review of claim because state court opinion evaluated Brady's prejudice prong under both federal and state tests, thus subsuming adjudication of prisoner's federal claims within state-law adjudication.
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| United States v. Garcia-Pastrana, No. 07-1044, No. 07-1094, No. 07-1095, No. 07-1096, No. 07-1097, No. 07-1098, No. 07-1177, No. 07-1232, No. 07-1501, No. 07-1557, No. 07-1558,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 20, 2009, Decided
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Overview: Evidence was sufficient to convict 11 defendants, members of the board of a union health care plan, under 18 U.S.C.S. ¿ 669 of embezzlement; transfers between accounts involved funds of a health care benefit program. There was insufficient evidence that seven defendants knew of a money laundering scheme to convict them under 18 U.S.C.S. ¿ 1956.
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| Astro-Med, Inc. v. Nihon Kohden Am., Inc., No. 08-2334, No. 08-2335,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 22, 2009, Decided
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Overview: Jury's verdict for a former employer against a former employee and a competitor who hired him on claims of trade secret misappropriation and tortious interference with a noncompetition agreement was affirmed because, inter alia, personal jurisdiction was properly exercised over the competitor, venue was proper, and the agreement was enforceable.
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| College of Dental Surgs. of P.R. v. Conn. Gen. Life Ins. Co., No. 09-2201,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 22, 2009, Decided
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Overview: Order granting appellees' motions to remand a professional association's action to state court (reasoning that the complaint did not specifically define a proposed class) was vacated and remanded because the district court determined prematurely that it lacked Class Action Fairness Act jurisdiction.
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