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   Federal Courts - 2nd Circuit Court of Appeals - March 3, 2006

  
Wang v. United States DOJ & Ag Gonzales, No. 02-4993-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Alien's petition for review of the denial of her asylum application was denied because the IJ properly found the alien's testimony incredible based on the inconsistent and implausible nature of important aspects of that testimony; the alien's testimony regarding the jobs she held while in hiding from family planning officials was inconsistent.

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Adkins v. GMC, No. 05-2059-cv/05-2308-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Corporation should have prevailed on motion for judgment as a matter of law as to shareholder's breach of fiduciary duty claim where there was no cognizable theory underlying claim because, inter alia, shareholder lacked standing to bring a derivative claim because he did not maintain equity interest in dealership throughout pendency of litigation.

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Arnaut v. INS, No. 05-3368, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Babi Int'l v. Snapple Bev. Corp., No. 05-3939, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Brown v. Smith, No. 04-2467-pr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: District court properly denied § 2254 petition. Where state trial court excused four venire members who had spoken with victim's mother and then excused two others who responded to court's inquiry to group about whether they had heard any remarks about case outside the courtroom, state appellate court reasonably concluded that jury was impartial.

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Butler v. N.Y. State Teamsters Conf. Pension & Ret. Fund, No. 05-1432-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Chen v. Bureau of Citizenship & Immigration Servs., No. 04-1545, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Alien's petition for review of the denial of his CAT claim was denied because without any link between the alien and Falun Gong (the alien had acknowledged that he was not a Falun Gong practitioner, and his testimony that he was perceived as one was incredible), it was irrelevant how Falun Gong practitioners were treated in China.

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Chung Sai Zheng v. Gonzales, Docket No. 02-8425-ag, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: The petition for review was granted. Because the IJ failed to justify the alien's credibility finding on the basis of record evidence--but because the court could not say that a reasonable adjudicator would be compelled to conclude that the alien was credible--the court vacated the decision below and remanded the case.

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Cohn v. New Paltz Cent. Sch. Dist., No. 05-2022, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Appellate court lacked jurisdiction, under 28 U.S.C.S. § 1291, over superintendent's interlocutory appeal from the denial of his motion for qualified immunity where the availability of qualified immunity could not have been determined as a matter of law because complaint's allegations were sufficient to state "class of one" Equal Protection claim.

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Coudert v. Janney Montgomery Scott, LLC, No. 05-4200, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Summary dismissal of plaintiff's Title VII and ADEA claims was affirmed because a supervisor's comment that plaintiff was "the worst victim type in the office" did not directly refer to either her age or sex, and plaintiff's attempt to link the earlier conduct at one office to the later conduct at another office was not supported by the evidence.

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