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| Adams v. Domnaski, No. 05-4167-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 2, 2006, Decided
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| Brookridge Funding Corp. v. Northwestern Human Res., Inc., No. 05-3678-cv, 05-3836-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 2, 2006, Decided
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Overview: The district court's decision was reversed only as to the finding that agreement was supported by consideration. While the district court found that plaintiff made payment to third party in reliance on defendant's contractual commitments, contract did not obligate plaintiff to make payment and so loss or detriment consideration was not present.
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| Flanagan v. First Unum Life Ins., No. 04-1495-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 2, 2006, Decided
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Overview: Summary judgment for an insurer on a claim that the denial of disability benefits violated ERISA was affirmed because the insurer's decision, based on interpretation of the treating physician's records and a submitted disability date that followed an insured's termination, that the insured was not disabled before her termination was not arbitrary.
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| Lesavoy v. Gattullo-Wilson, No. 05-3011-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 2, 2006, Decided
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Overview: Plaintiff's fraud and RICO claims were properly dismissed pursuant to Fed. R. Civ. P. 9(b). District court erred in dismissing plaintiff's aiding-and-abetting claim, but only to extent of her allegation that use of defendant broker as an introducing broker unnecessarily burdened the trusts with increased costs for which they received no benefit.
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| Mendez v. Gonzales, 03-41063,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 2, 2006, Decided
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| Nieves v. City of New York, No. 05-2925-cv, No. 05-3005-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 2, 2006, Decided
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| Rong Qin Ke v. Bd. of Immigration Appeals, No. 04-1885-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 2, 2006, Decided
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Overview: Petition for review was denied; there was substantial evidence supporting adverse credibility finding. Mother's testimony about government's purported efforts to sterilize her husband was inconsistent and implausible. Moreover, adverse credibility finding was also supported by inconsistencies between mother's testimony and State Department report.
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| Saratoga Springs Plastice Surgery, P.C. v. Yarinsky (In re Saratoga Springs Plastic Surgery, P.C.), No. 05-1310-bk,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 2, 2006, Decided
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| United States v. Allen, No. 05-2534,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 2, 2006, Decided
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Overview: There was no question that magistrate who issued search warrant for second search had substantial basis for concluding that probable cause existed after reviewing requesting officer's affidavit that included, inter alia, description of counterfeit money and gun found at the residence; nor was there basis for concluding officer acted in bad faith.
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