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   Federal Courts - 2nd Circuit Court of Appeals - January 20, 2006

  
Ballow Brasted O'Brien & Rusin P.C. v. Logan, Docket No. 04-4925-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 20, 2006, Decided
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Overview: Summary judgment was affirmed in favor of law firm seeking recovery under fee splitting agreement where defendant attorney's claims for rescission of the agreement based on the law firm's alleged fraudulent misrepresentations were not asserted in a timely manner (nearly 4 years after the agreement) and the equities did not favor recission.

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Roper-Simpson v. Scheck, 04-5533-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 20, 2006, Decided
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Shah v. Meeker, Docket No. 04-5965-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 20, 2006, Decided
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Overview: Dismissal of plaintiff's securities-fraud class action as untimely pursuant to 15 U.S.C.S. § 78i(e) was affirmed; a magazine article specifically describing the business practices that served as basis of plaintiff's suit was regarded as storm warning of the fraud alleged. Thus, plaintiff was on inquiry notice more than two years before filing suit.

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Singh v. BIA, Docket No. 04-0996-ag, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 20, 2006, Decided
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Overview: Petition for review was denied. Court lacked jurisdiction to review IJ's determination that alien's petition for asylum was untimely. IJ's denial of alien's withholding application on the grounds that the alien failed to demonstrate a likelihood of future persecution was supported by substantial evidence--State Department and U.S. embassy reports.

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Ting Jie Li v. Bd. of Immigration Appeals, No. 03-40222-ag, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 20, 2006, Decided
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Overview: A petition for review of the denial of asylum was denied because an alien failed to demonstrate that he suffered harm in China based on his membership in a social group where he offered no evidence of common characteristics of the group other than the broadly-based characteristic of being owners of property and having been the victims of extortion.

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