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| Milla v. Gonzales, No. 04-5828-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Substantial evidence supported denial of asylum based on adverse credibility finding where alien gave varying dates for and accounts of three arrests he allegedly experienced in Kosovo. Also, he testified at a second hearing about a fourth arrest; however, the fourth arrest was not mentioned in the alien's prior testimony or his asylum application.
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| New Windsor Volunteer Ambulance Corps., Inc v. Meyers, Docket Nos. 04-3292, 04-3534,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: In a § 1983 case, the district court's due process determination was affirmed because the seizure of an ambulance corps' property was a violation of its due process rights. The district court's award to the corps on its contract or unjust enrichment claim was vacated and remanded because it was premature.
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| Ocasio v. Needham (In re Ocasio), No. 05-4961-bk,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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| Scutti Enters., LLC v. Park Place Entm't Corp., No. 05-4959,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Summary judgment against plaintiff's tortious interference claim was affirmed. Plaintiff offered no evidence that defendant conditioned its loan offer on Native American Tribe's agreement to video lottery terminal limitation at establishment for reason other than protecting revenue stream at another establishment that enabled Tribe to repay loan.
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| Shui Yun Lin v. Gonzales, No. 04-2274-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Alien did not meet her burden of proof for asylum where an IJ's adverse credibility determination was substantially supported by the record as a whole, under 8 U.S.C.S. § 1252(b)(4)(B), because the record revealed several material discrepancies between alien's hearing testimony and both her husband's hearing testimony and 1994 asylum application.
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| Tio v. Gonzales, Nos. 04-4639-ag (L); 05-0266-ag (Con) NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Alien's petition for review of decision denying asylum was denied where, inter alia, there was substantial evidence, under 8 U.S.C.S. § 1252(b)(4)(B), to support IJ's determination that the incidents that alien suffered as a student, and those in connection with riots, were not a threat to her life or freedom or more than incidents of harassment.
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| Torres v. Zegarelli, 05-4530-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Because a valid qualified immunity argument was never raised and thus never decided by the district court, the appellate court was without jurisdiction on interlocutory appeal by mayor and superintendent to review the district court's decision on an employee's claims that he was unlawfully prevented him from resuming employment.
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| Truong v. Am. Bible Soc'y, 05-3742-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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| Turner Constr. Co. v. Kemper Ins. Co., No. 05-4195-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 22, 2006, Decided
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Overview: Summary judgment to insurers against additional insured's defense and indemnification claims was vacated. Underlying tort claim alleged that fire occurred as result of negligent acts of additional insured. This claim would be covered if additional insured's actions arose out of insured's work, whether or not that work was negligently performed.
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