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| Baumgart v. Stony Brook Children's Serv., P.C., 06-3638-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 3, 2007, Decided
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Overview: A district court lacked jurisdiction under the Labor Management Relations Act, 29 U.S.C.S. § 185, over a lawsuit brought by physicians, who were on the faculty of a state medical university, and who worked as clinicians at a state medical university hospital, because the physicians were state employees, and their union represented state employees.
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| Bi Wu Liu v. Keisler, 06-3434-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 3, 2007, Decided
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Overview: A Chinese alien was properly denied withholding of removal because his claim depended solely on his assertion that his wife was forcibly sterilized by the Chinese government, and the alien failed to show any "other resistance" to China's coercive family planning policy to support his claim.
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| Cent. States Southeast & Southwest Areas Health & Welfare Fund v. Merck-Medco Managed Care, L.L.C., Docket Nos. 04-3300-cv(L), 04-3464-cv(CON), 04-3545-cv (CON), 04-3871-cv(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 3, 2007, Decided
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Overview: In trustees and benefit plans beneficiaries' breach of fiduciary action under ERISA, self-funded plans should have been permitted to intervene and create a subclass for class action settlement because unlike member plans, the self-funded plans assumed a direct risk of increased drug costs caused by the plan manager's promotion of certain products.
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| Endi Lau v. Keisler, 06-4803-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 3, 2007, Decided
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Overview: Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an adverse credibility finding to deny asylum, withholding of removal, and CAT relief for a Chinese alien because there were inconsistencies in his asylum applications in identifying his wife's name, the date of a medical examination of his wife, and the reasons that he fled China.
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| Graham v. Portuondo, Docket No. 04-1315-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 3, 2007, Decided
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Overview: The district court's failure to appoint counsel was clear error. R. Governing § 2254 Cases U.S. Dist. Cts. 8(c) mandated the appointment of counsel at required evidentiary hearings and the district court's failure to follow the rule was not subject to harmless error review and required vacatur.
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| Jian Quan Chen v. Keisler, 06-5514-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 3, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported IJ's adverse credibility determination regarding Chinese asylum applicant where the applicant's omission of a significant fact, his wife's alleged forced abortion, from his asylum application and asylum interview provided a sufficient basis for IJ to doubt that applicant was credible.
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| Mergent Servs. v. Nova Info. Sys., 06-2794-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 3, 2007, Decided
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Overview: District court properly granted summary judgment to a credit card processing company in a business proprietor's action alleging that the company breached the parties' contract by terminating the contract early where the contract's plain language unambiguously made it clear that proprietor's total "chargebacks" exceeded contract's permitted amount.
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| Osario-Pedreros v. Keisler, Docket No. 06-3172-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 3, 2007, Decided
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Overview: An alien was not entitled to a continuance of his deportation action pending the appeal of the denial of his I-130 immigrant visa petition under 8 U.S.C.S. § 1255(i) because once denied, the visa application was not prima facie approvable and the alien provided no reason as to why the denial was in error.
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| Qi Le Weng v. Keisler, 06-5803-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 3, 2007, Decided
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Overview: Although a Chinese alien failed to show "other resistance" to China's family planning policy from his girlfriend's abortion, the denial of his asylum application was not supported by substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) since the BIA did not consider the alien's beating while detained for his activity with an underground church.
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