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| Limwongse v. NYS Office of Mental Health, No. 06-3844-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 4, 2007, Decided
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| MCI Worldcom Communs., Inc. v. LD Wholesale Inc., No. 06-1816-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 4, 2007, Decided
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Overview: District court erred in finding defendants liable for fraudulent concealment in failing to notify plaintiff that it had erroneously billed company at incorrect lower rate as defendants had no duty to disclose such information. Plaintiff's own billing information was readily available to it at all times, so special facts doctrine was not applicable.
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| Pascazi v. Angello, 06-5108-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 4, 2007, Decided
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Overview: Business owner's § 1983 suit against a commissioner of a state department of labor, challenging proceedings against him and his company for failing to pay prevailing wages on public works projects, was properly dismissed since a prior judgment involving the same parties and issues collaterally estopped the owner from contesting Younger abstention.
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| Scott-Macon Sec., Inc. v. Zoltek Cos., 06-2711-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 4, 2007, Decided
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Overview: Question of whether plaintiff used reasonable efforts did not depend on triable issues of fact. Various factual issues that defendant claimed precluded finding of summary judgment were not material to question of whether plaintiff used reasonable efforts, and undisputed facts established that question was properly resolved in plaintiff's favor.
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| United States v. Garcia, 05-5560-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 4, 2007, Decided
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Overview: Ineffective assistance claim failed. Evaluating counsel's conduct from her perspective at the time, record on appeal did not support finding that it was unreasonable for her to advocate withdrawal of the guilty plea on gun charge in view of potential meritorious defenses and possibility of negotiating second plea that might exclude the gun charge.
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| United States v. Gonzalez, No. 06-0379-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 4, 2007, Decided
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Overview: Defendant's sentence was affirmed. Defendant argued district court erroneously believed it could not consider sentencing disparities caused by fast-track programs in sentencing him, but defendant informed district court it had discretion to consider sentencing disparities and there was no evidence that district court thought it had no discretion.
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| Vukel v. Keisler, No. 06-3442-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 4, 2007, Decided
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