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   Federal Courts - 1st Circuit Court of Appeals - October 2 - October 11, 2006

  
Castello v. Martin, No. 06-1534, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 2, 2006, Decided
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Overview: Where a prisoner sought a combination drug therapy for the Hepatitis C virus, but he was placed on a waiting list while being monitored, his Eighth Amendment claim failed to survive summary judgment because defendants provided decent, timely heath care at a level reasonably commensurate with modern medical science.

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Dr. Jose S. Belaval, Inc. v. Perez-Perdomo, No. 05-2854, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 2, 2006, Decided
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Overview: Order modifying a preliminary injunction that affected a substantial sum of money was vacated and reversed because the district court failed to act in accord with the standards under Fed. Civ. P. 59 and 60, and it could not deprive appellant of its property interest without notice and an opportunity to be heard--neither of which was given.

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Feeney v. Corr. Med. Servs., No. 05-2224, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 2, 2006, Decided
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Overview: Summary judgment was appropriate where, although there was a delay in treatment, the delay fell short of establishing an Eighth Amendment violation on the part of the medical defendants in treating an inmate's foot pain.

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Shamban v. Perry (In re Perry), BAP NO. MB 06-007, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, October 4, 2006, Decided
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Overview: Trustee's objection to a Mass. Gen. Laws ch. 188, § 1, homestead exemption was overruled where, in light of public policy liberally construing exemptions and protecting a family home, a state court would have found that a homestead that fully complied with express statutory requirements was valid when filed simultaneously with a bankruptcy filing.

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Carrasquillo v. Pharmacia Corp., No. 05-2373, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 6, 2006, Decided
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Overview: Employer's interpretation of an ERISA plan in denying severance benefits was not unreasonable because under the controlling plan language, the job transfer did not need to be due solely to a sale of the company and the position that the employee was offered was indeed comparable; also, his state law tort claims were preempted by ERISA.

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Fornaro v. RMC/Resource Mgmt. Co., No. 04-2622, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 6, 2006, Decided
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Overview: A dismissal based on a forum selection clause was affirmed because the clause provided for exclusive jurisdiction in the state courts located in Carroll County, New Hampshire where the clause was not a simple permissive grant of authority to the courts of Carroll County, but rather the clause provided both jurisdictional authority and venue.

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OneBeacon Am. Ins. Co. v. Travelers Indem. Co., No. 05-2014, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 6, 2006, Decided
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Overview: Because the evidence was compelling that the parties to an insurance policy intended that coverage for a particular vehicle would terminate once the vehicle was leased and that defendants' policy coverage applied only if a lessee specifically opted for it, the policy was reformed and the grant of summary judgment to plaintiff insurer was reversed.

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Rosendahl v. Brangwynne, No. 06-1097, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 6, 2006, Decided
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Overview: The denial of a driver's motion for judgment as a matter of law notwithstanding the verdict or, in the alternative, a new trial was affirmed because the driver had a duty to avoid, to the extent practicable, road positioning that impaired visibility as between his motorcycle and vehicles entering into, or crossing, the stream of traffic.

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Woofenden v. Arcaro, No. 06-1057, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 6, 2006, Decided
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Bisbal-Ramos v. City of Mayaguez, Nos. 04-2568, 04-2569, 04-2570, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, October 11, 2006, Decided
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Overview: In an employee's political discrimination case under 42 U.S.C.S. § 1983, remand was required because the district court violated the Seventh Amendment in not ordering a conventional remittitur, which allowed a choice between accepting a reduced damage award and a new trial, but simply reducing the amount of compensatory and punitive damages.

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