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| Collins v. Bd. of Educ., No. 05-0559-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 9, 2006, Decided
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Overview: District court improperly granted parents summary judgment in an IDEA action because it failed to grant proper deference to a state review officer's determination, after thorough and careful review, that a school district's IEP was reasonably calculated to enable the parents' child to receive the education benefit contemplated by the IDEA.
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| Feldman v. Nassau County, Docket No. 05-0444-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 9, 2006, Decided
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Overview: Dismissal of the applicant's complaint was affirmed. The applicant failed to meet his burden because he alleged no facts indicating that N.Y. Civ. Serv. Law § 58(1)(a) was anything other than what it purported to be--an age restriction on the hiring of police officers and firefighters pursuant to 29 U.S.C.S. § 623(j).
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| Globecon Group, LLC v. Hartford Fire Ins. Co., Docket No. 04-4399-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 9, 2006, Decided
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Overview: In an insured's lawsuit against an insurer for breach of contract, summary judgment pursuant to Fed. R. Civ. P. 56(c) in favor of the insurer was vacated as to a claim for property damage because there was a disputed issue of material fact as to whether the insurer was provided notice of the insured's claim prior to the transfer of the policy.
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| Long Li v. NAC United States DOJ, No. 03-40840-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 9, 2006, Decided
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| Shala v. Gonzales, No. 04-1039-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 9, 2006, Decided
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Overview: Denial of asylum was arbitrary and capricious because IJ failed to analyze whether the testimony of an alien, an ethnic Albanian with no well-founded fear of persecution, that his family lived in fear and under difficult conditions in Kosovo which was still in transition, constituted "other serious harm" under 8 C.F.R. § 208.13(b)(1)(iii).
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| Simpson v. N.Y. State Dep't of Civ. Servs., No. 05-1492-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 9, 2006, Decided
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Overview: District court properly granted an employer and other summary judgment on a race discrimination claim where the employee failed to show that other white employees were similarly situated in any material respect. A retaliation claim also failed as the employee failed to proffer any evidence of pretext other than temporal proximity.
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