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| Ramos Delgado v. Sanchez Ramos (In re Ramos Delgado), BAP NO. PR 06-024,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, December 18, 2006, Decided
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Overview: Court rejected debtor's contention that priority period under 11 U.S.C.S. § 507(a)(8)(A)(i) was limited to three taxable years immediately preceding filing of bankruptcy petition. Where return for the fourth taxable year before the filing was last due after three years before filing, that year was a priority year.
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| Rucker v. Lee Holding Co., No. 06-1633,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 18, 2006, Decided
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Overview: Judgment dismissing an employee's suit alleging job termination in violation of the FMLA was reversed because complete separation of the employee for a period of years did not prevent the employee from counting earlier periods of employment toward satisfying the 12-month requirement for leave eligibility under 29 U.S.C.S. § 2611(2)(A)(i).
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| Bard v. Boston Shipping Ass'n, No. 06-1810,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 19, 2006, Decided
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Overview: A decision affirming the denial of ERISA benefits was reversed; using a case-by-case approach, the appeals court concluded that an employee was prejudiced by a plan's mishandling of the plan's ambiguity and by numerous regulatory violations and that on the particular facts of the case, he was entitled to the remedy of an award of benefits.
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| Chreng v. Gonzales, No. 06-1481,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 19, 2006, Decided
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Overview: Alien's petition for review of denial of application for asylum was denied because U.S. Department of State's 2003 country conditions report on Cambodia provided substantial evidence supporting IJ's and BIA's finding that government had rebutted presumption of future persecution which arose from finding that alien had experienced past persecution.
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