1st Circuit Court of Appeals, November, 2009, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - November 6 - November 16, 2009

Jia Duan Dong v. Holder, No. 08-2083, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 6, 2009, Decided
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Overview: A citizen of China never presented his argument that his flight from China amounted to "other resistance" under that clause in 8 U.S.C.S. 1101(a)(42) so the BIA could not be faulted for not considering it. Faced with a record that failed to show how further fact finding would have helped, the BIA properly declined a remand.

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Smith v. Pritchett (In re Smith), No. 09-9005, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 6, 2009, Decided
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Overview: Ex-wife's claim was general unsecured claim not entitled to priority status and could have been discharged in bankruptcy, under 11 U.S.C.S. ?? 523(a)(15), 1328(a)(2), as obligation to pay $ 50 fee per day that debtor was late in alimony payments was intended to ensure ex-wife's need was assuaged, though it was not itself intended to assuage need.

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Kunelius v. Town of Stow, No. 08-2393, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 9, 2009, Decided
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Overview: Where a town and a nonprofit organization exercised a right of first refusal to purchase land under Mass. Gen. Laws ch. 61, ? 8, but failed to complete the transaction, the land owner was entitled only to liquidated damages as specified in the owner's contract with the original buyer. No Contracts Clause violation occurred.

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Sugiarto v. Holder, No. 08-2502, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 10, 2009, Decided
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Overview: Indonesian Christian failed to establish the requisite nexus between the traumatic incidents she recounted and her status as a Christian; thus, she failed to establish past persecution to support her asylum claim. Without evidence of individual targeting based on a protected ground, she could not establish a well founded-fear of future persecution.

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United States v. Villar, No. 08-1154, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 10, 2009, Decided
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Overview: Although a trial court was correct in concluding that Fed. R. Evid. 606(b) precluded inquiry into juror prejudice that was exposed post-trial in an email to defense counsel, the trial court had the discretion to conduct such an inquiry under the Fifth and Sixth Amendments, and the case was remanded for the purpose.

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Cabral v. United States DOJ, No. 07-1633, No. 07-1640, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 12, 2009, Decided
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Overview: Appellants, including a county sheriff, were not entitled to additional disclosures of information from the DOJ, which reasonably concluded that the requested disclosures were cumulative and unduly burdensome. A nurse practitioner was properly awarded punitive damages based on the sheriff's violation of her First Amendment rights.

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S. Bay Boston Mgmt., Inc. v. Unite Here, Local 26, No. 09-1081, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 12, 2009, Decided
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Overview: Arbitration clause in a neutrality agreement between an employer and a union was enforceable; regardless of whether the NLRA preempted a city's alleged requirement that the employer enter into the agreement, the employer had waived any right to avoid the agreement on grounds of coercion. The arbitration clause remained in effect post-expiration.

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Thornton v. UPS, Inc., No. 08-2162, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 12, 2009, Decided
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Overview: Employee did not exhaust certain ADA claims; a reasonable investigation of his administrative claim would not have uncovered an employer's alleged medical release policy. The employee did not show that he was disabled within the meaning of 42 U.S.C.S. ? 12102(1)(A); as he selected his work assignments, there was no showing of adverse effect.

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Montalvo v. Gonzalez-Amparo, No. 08-1405, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 16, 2009, Decided
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Overview: Because a daughter's claim for her own suffering arose at the time of her mother's death which was within one year of filing suit, and because the mother's death was within the one-year limitations period applicable to her malpractice claim, her claim survived in her heirs pursuant to P.R. Laws Ann. tit. 32, ? 255, and both claims were timely.

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