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| Ayala-Rodriguez v. Rullan, No. 06-2543,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 19, 2007, Decided
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Overview: Dismissal of suit against medical and hospital officials was affirmed because little evidence supported claim that physician was fired as emergency room doctor due to political affiliation, in violation of First Amendment rights and without procedural due process. There was evidence that he disobeyed sign-in requirements even after prior warning.
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| Forrest v. Brinker Int'l Payroll Co., LP, No. 07-1714,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 19, 2007, Decided
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Overview: Although a hostile work environment based on sex, violating 42 U.S.C.S. § 2000e-2(a)(1) of Title VII, was created by sexually harassing behavior of an employee's coworker and former paramour, judgment for employer was proper because the employer's response in progressive discipline and firing of the coworker was a prompt and appropriate response.
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| Gillis v. SPX Corp. Individual Account Ret. Plan, No. 07-1777,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 19, 2007, Decided
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Overview: In ERISA action, employer was properly granted summary judgment because plan administrator did not abuse its discretion in determining that the participant's already accrued early retirement benefit was not improperly cut back in violation of 29 U.S.C.S. § 1054(g)(1). Early retirement subsidy could not be added in twice in calculating benefits.
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| Drake v. Comm'r, No. 06-2507,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 20, 2007, Decided
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| United States v. Butterworth, No. 07-1334,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 20, 2007, Decided
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| United States v. Dixon, No. 06-2603,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 20, 2007, Decided
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| Lumanauw v. Mukasey, No. 07-1308,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 21, 2007, Decided
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| United States v. Smith, No. 06-2247,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 21, 2007, Decided
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Overview: District court's denial of defendant's motion to suppress the record of his involuntary mental health commitment was affirmed because state law was not violated by the disclosures in the case and the order of commitment was not a record to which the federal regulations governing records at federally assisted drug abuse treatment programs applied.
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| United States v. Taylor, No. 06-2687,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 21, 2007, Decided
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Overview: There was sufficient reasonable suspicion to justify the officer's decision to order defendant to step out of his car where the officer was already alert to the possibility of criminal activity and the officer had interacted with defendant on prior occasions and testified that he had not exhibited comparable nervousness on those occasions.
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