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| Dine v. Gonzales, No. 06-1173,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 27, 2006, Decided
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Overview: Adverse credibility determinations defeated asylum claims filed pursuant to 8 U.S.C.S. § 1101(a)(42)(A) because the IJ provided specific, cogent reasons for his disbelief, and the court could not say that either the IJ or the BIA erred in finding the testimony of a father and his daughter, regarding the daughter's alleged kidnapping, incredible.
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| Ezra Charitable Trust v. Tyco Int'l, LTD, No. 05-2762,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 27, 2006, Decided
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Overview: Action for securities fraud against a company, its officers, and its auditors was properly dismissed for failure to allege adequate scienter under 15 U.S.C.S. § 78u-4(b); there was nothing to support the inference that defendants knew that certain transactions were bogus, and their alleged motives did not alone create an inference of scienter.
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| United States v. Vazquez-Mieses, No. 05-2191,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 27, 2006, Decided
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Overview: Defendant's 46-month sentence for illegal reentry was affirmed because the district court did not violate 18 U.S.C.S. § 3553(c) by failing to state the reasons for the sentence in open court where the reasons for the sentence were readily apparent from the sentencing transcript as supplemented by the presentence report.
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| John Hancock Life Ins. Co. v. Abbott Labs., No. 05-2710,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 28, 2006, Decided
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Overview: Because the parties' contract was unambiguous on the points necessary for disposition of the appeal, the court affirmed based on the plain meaning of the contract, concluding that plaintiffs' interpretation was persuasive that it could terminate its payments after defendant revealed its plan not to expend certain costs within the "program term."
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| Local 2322, IBEW v. Verizon New Eng., Inc., Nos. 06-1169, 06-1170,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 28, 2006, Decided
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Overview: Employer forfeited its argument that arbitrator did not have power to issue letter which explained his decision ordering employer to convert employee's suspension to leave without pay because it did not seek judicial review of the letter, but made its argument only after a union filed suit under 29 U.S.C.S. § 185, seeking enforcement of the letter.
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| United States v. Holt, No. 05-2703,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 28, 2006, Decided
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Overview: Defendant was "committed" under Me. Rev. Stat. Ann. tit. 34-B, § 3863, when a court ordered an involuntary hospitalization and that element of 18 U.S.C.S. § 922(g)(4) was properly charged to the jury; moreover, the jury was properly instructed as to intent and there was no basis for requiring an instruction on the defense of "innocent" possession.
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| Castaneda-Castillo v. Gonzales, No. 05-2384,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 29, 2006, Decided
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Overview: Court granted an alien's petition for review and remanded the case for consideration of asylum and withholding of removal because substantial evidence did not support the BIA's determinations that the alien was not credible and had assisted or otherwise participated in persecution as forbidden by 8 U.S.C.S. §§ 1158(b)(2)(A)(i) and 1231(b)(3)(B)(i).
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| Ouk v. Gonzales, No. 06-1266,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 29, 2006, Decided
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Overview: Where an alien alleged that she suffered persecution in Cambodia on account of her membership in an opposition political party, her asylum application was properly denied under 8 U.S.C.S. §§ 1101, 1158, and 1252 because, inter alia, apart from minor injuries, she was never physically harmed in Cambodia because of her political affiliation.
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| Palmer v. Champion Mortg., No. 06-1246,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 29, 2006, Decided
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Overview: As a matter of law, a lender's notice of right to cancel complied with the applicable TILA requirements, and, thus, a borrower's statutory right to rescind expired three days after she received the notice, and the district court did not err in dismissing her TILA claim as time-barred.
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| Velez-Padro v. Thermo King de P.R., Inc. , No. 05-2661,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, September 29, 2006, Decided
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Overview: Summary judgment against plaintiff in his ADEA suit was vacated because the district court erred when it refused to consider plaintiff's objections to a magistrate's report and recommendation. The objections complied with Fed. R. Civ. P. 72(b), and the judge should have considered the recommendations de novo pursuant to 28 U.S.C.S. § 636(b)(1).
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