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| De Jesus v. Potter, No. 06-1046,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 27, 2006, Decided
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Overview: Summary judgment was properly granted against federal employee on her Title VII claim for discrimination on the basis of sex and national origin because employee presented no evidence that allegedly adverse employment actions, including exclusion from a major managerial decision, materially changed the terms and conditions of her employment.
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| Diaz-Reyes v. Fuentes-Ortiz, No. 06-1179,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 27, 2006, Decided
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Overview: Appeal was dismissed for lack of jurisdiction under 28 U.S.C.S. § 1291 because Title VII claims against government workers were dismissed by district court only as to individual capacity claims. The district court's order did not purport to end the case, and clerk's entry of judgment pursuant to Fed. R. Civ. P. 58 was apparently a clerical error.
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| Burrell-Richardson v. Mass. Bd. of Higher Educ. (In re Burrell-Richardson), BAP NO. MB 06-030,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, December 28, 2006, Decided
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Overview: Bankruptcy court did not err in concluding that a Chapter 7 debtor's obligation did not lose its student loan characteristics when the creditor obtained a default judgment based on the debtor's nonpayment of her student loan because claim preclusion did not prevent a court from further inquiry into the true nature of the debt.
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| Jumpp v. Chase Home Fin., LLC (In re Jumpp), BAP NO. MW 06-031,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, December 28, 2006, Decided
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Overview: Bankruptcy court erred when it held that 11 U.S.C.S. § 362(c)(3)(A) terminated the automatic stay in its entirety with regard to a Chapter 13 debtor, who had had a previous bankruptcy case pending within the preceding year, because § 362(c)(3)(A) did not terminate the stay with regard to property of the estate.
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| Ticoalu v. Gonzales, No. 05-1620,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 28, 2006, Decided
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Overview: BIA's denial of an alien's motion to remand was reversed because BIA's failure to review a timely periodical article reporting violence in an area of Indonesia was unreasonable, and the BIA failed to directly address whether an order granting asylum to the alien's brother, who had lived in the same area as alien, was material to the alien's claim.
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| United States v. Gobbi, No. 06-1643,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 28, 2006, Decided
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Overview: Conviction under 21 U.S.C.S. § 841(a)(1) on drug-trafficking charge arising from reverse sting was affirmed because evidence supported conclusion that an accomplice intended constructively to possess ersatz cocaine handled during a drug-protection detail, that he took substantial steps in that direction, and that defendant aided and abetted him.
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| Rivera-Huertas v. Puerto Rico, No. 06-1764,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 29, 2006, Decided
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Overview: The court affirmed the district court's conclusions that an employee failed to timely exhaust her Title VII claims and that her § 1983 claims were time-barred; the employee's continuing violations arguments and equitable tolling arguments were not raised in the court below and thus could not be considered on appeal.
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| Vital Basics Inc. v. Vertrue Inc. (In re Vital Basics Inc.), No. 05-2741,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, December 29, 2006, Decided
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Overview: Arbitration award was upheld because award did not violate the plain language of parties' contract; contract's language and structure supported the conclusions that parties contracted to pay commissions only on fully-paid memberships that were retained for one year and that marketing company breached contract first by marketing a competing product.
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