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| Bah v. Keisler, No. 06-5348-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 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 because the alien failed to rebut a finding that his national identity card was fraudulent, and the alien failed to provide an coherent explanation for a discrepancy in his testimony.
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| Black Diamond Sportswear, Inc. v. Black Diamond Equip., Ltd., No. 06-3508-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Six-year statute of limitations of Vt. Stat. Ann. tit. 12, § 511 barred a sportswear company's trademark infringement claim against an equipment company where laches defense was successful. Sportswear company should have known of the equipment company's infringing use of its product and the doctrine of progressive encroachment did not excuse delay.
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| Chen Quin Lui v. Keisler, 04-6039-ag (L); 05-2686-ag (con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported an IJ's adverse credibility determination regarding Chinese asylum applicants. IJ reasonably relied on country reports to find that because applicants only had one child, who was female, they did not violate Chinese family planning policy and might be allowed to have another child.
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| Chun Hui Liu v. Keisler, 07-1667-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 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, particularly because a medical record and her husband's testimony were inconsistent with her allegation of a forced abortion, which went to the heart of her claim of persecution.
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| Davis v. Blige, Docket No. 05-6844-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: An action for infringement by one co-author of a song could not be defeated by the retroactive transfer of a copyright ownership in a song from another co-author to an alleged infringer under Copyright Act of 1976 because, under 17 U.S.C.S. § 106, a co-owner could not convey interests of his fellow co-owners without their express written consent.
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| Jackson v. Broad. Music, Inc., 06-2283-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Plaintiff could not have relied on defendants' alleged misrepresentations because clear language of agreement indicated that plaintiff transferred his entire interest in his copyright to his son. Thus, plaintiff had no cognizable interest in the copyright, and as a non-owner, plaintiff had no standing to contest a subsequent sale of the copyright.
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| Kovaci v. Keisler, 06-5776-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: An Albanian alien waived any challenge to an IJ's conclusion that country conditions had changed since the political party, to which the alien belonged, had returned to power, because he failed to raise this issue before the BIA or appellate court, and this waiver was dispositive of his claims for withholding of removal and relief under the CAT.
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| Krys v. Official Comm. of Unsecured Creditors (In re Refco Inc.), Docket Nos.: 06-5786-bk(L), 06-5797-ag (con), 06-5798-bk (con), 06-5799-bk (con), 06-5800-bk (con), 06-5801-bk (con), 06-5804-bk (con), 06-5806-bk (con), 06-5807-bk (con), 06-5808-bk (con), 06-5810-bk (con), 06-5811-bk (con), 06-5812-bk (con), 06-5813-bk (con),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: Investors had no standing to contest the settlement of a preference action pursuant to Fed. R. Bankr. P. 9019. The bankruptcy court was not the appropriate forum in which to resolve the investors' disputes with the company's board. Any internal dispute between a creditor and that creditor's investors belonged elsewhere.
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| McCue v. City of New York (In re World Trade Ctr. Disaster Site Litig.), Docket No. 06-5324-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 5, 2007, Decided
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Overview: In workers' suit for injuries from disaster sites, a stay of the district court proceedings was vacated because a city, a port authority, and private contractors were not likely to succeed on their immunity claims, and the public interest favored resuming the proceedings so that some of the workers could obtain compensation during their lifetimes.
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