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| Children First Found., Inc. v. Martinez, 05-0567-cv, 05-1979-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 6, 2006, Decided
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Overview: Facts supporting defendants' defense of qualified immunity did not appear on the face of the complaint because even if the picture plate program was a nonpublic forum, restrictions on speech had to be reasonable and viewpoint neutral, and plaintiffs alleged their application was denied based on the viewpoint expressed by the plate.
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| Lodge v. D'Aliso, 05-2791-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 6, 2006, Decided
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Overview: District court properly dismissed an employee's 42 U.S.C.S. § 1983 claims where, because of the discretion afforded by N.Y. Civ. Serv. Law § 61(1), a civil servant seeking a promotion did not possess any mandated right to appointment or any other legally protectable interest, and the employee was not singled out from the other candidates on a list.
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| Northfield Ins. Co. v. Derma Clinic, Inc., Docket Nos. 04-2056-cv(L), 04-2057-cv(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 6, 2006, Decided
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Overview: After the district court held that insurers were not required to defend or indemnify a massage therapy clinic and its president against tort claims brought by women who were allegedly sexually assaulted by a clinic employee, the court certified four questions to the state supreme court pursuant to Conn. Gen. Stat. § 51-199b and 2d Cir. R. § 0.27.
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| United States v. Cohen, 05-1418-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 6, 2006, Decided
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Overview: Appellant's attempted extortion conviction and sentence were affirmed because the district court did not plainly err in playing a recording for the jury; even if the evidence had an impact on the outcome, the facts and information provided by the recording were readily available from other sources in the record and before the jury.
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| Xiong Zhu v. United States AG, Case No. 03-40076-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 6, 2006, Decided
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Overview: While the error-free justifications for the IJ's adverse credibility determination could have supported an adverse credibility determination, the court could not conclude that the IJ would have reached the same decision in the absence of the errors. Thus, the IJ's denial of asylum and withholding of removal was vacated and remanded.
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