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| Britestarr Homes, Inc. v. Piper Rudnick LLP, 06-4959-bk,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: Law firm was properly granted summary judgment because a client failed to establish damages, which were required in order to establish its claims of breach of fiduciary duty, aiding and abetting the same, civil conspiracy, professional malpractice, and tortious interference with business relations based on the firm's recommendation of bankruptcy.
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| Chao Jin Lin v. Mukasey, No. 06-4094-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: An IJ's adverse credibility finding on an alien's application for asylum, withholding of removal, and CAT relief was supported by substantial evidence; the alien's credible fear testimony that he had just started to follow Christianity was inconsistent with his later testimony that he was first exposed to Christianity by his parents as a child.
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| Clearing House Ass'n, L.L.C. v. Cuomo, Docket Nos. 05-5996-cv (L), 05-6001-cv (CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: New York State Attorney General was properly enjoined from investigating national banks for violations of federal and state laws prohibiting discrimination in lending because 12 C.F.R. § 7.4000, which restricted authority of states to enforce non-preempted laws, was a reasonable interpretation of "visitorial powers" as used in 12 U.S.C.S. § 484(a).
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| Diallo v. Mukasey, No. 06-5711-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), IJ's finding that alien failed to show a nexus between his second arrest and his political activity was supported by substantial evidence because alien proffered no evidence showing that authorities involved in the second arrest were aware of the alien's participation in a political demonstration two years earlier.
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| Downing v. Connell, 06-3636-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: State did not violate an inmate's due process rights under Brady by not revealing until after trial that complainant's birth name was not as indicated at trial. Under AEDPA, state court decision ruling as such was not contrary to, or involved unreasonable application of, clearly established federal law and complainant's lies were only cumulative.
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| Kassover v. Gibson (In re Kassover), 06-4352-bk,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: Debtor's challenge in prior appeal to order by bankruptcy court invalidating shareholder agreement and discarding arbitration agreement was one of the "remaining claims" that appellate court found to be without merit. Thus, as decision in prior appeal rejected debtor's claim of right to arbitration, instant appeal was precluded by res judicata.
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| Mei Zhen Huang v. Mukasey, Nos. 04-2061-ag (L), 04-2142-ag (Con),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: Chinese aliens were entitled to a petition for review of the denial of their asylum and withholding of removal claims since an IJ's adverse credibility determination was not supported by substantial evidence, but was based on an unsupported assumption that the aliens had a motive to lie and by alleged discrepancies that did not exist in the record.
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| United States v. Ganim, No. 03-1448-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: Indictment on bribery-related counts was sufficient because indictment set forth benefits defendant received in exchange for promises to perform official acts; thus, government sufficiently alleged requisite quid pro quo. Government was not required to link directly each specific benefit defendant received to a specific act of official malfeasance.
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| United States v. Ganim, Docket No. 03-1448-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: To establish extortion under Hobbs Act, 18 U.S.C.S. § 1951, government was not required to prove that direct link between benefit received and specifically identified official act existed when quid pro quo agreement was reached; it was sufficient if defendant received benefit in exchange for promise to perform official acts as opportunities arose.
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| United States v. Phillips, No. 06-0960-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 4, 2007, Decided
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Overview: Defendant's sentence of 96 months imprisonment for violating 18 U.S.C.S. § 1349 (mail fraud conspiracy) was reasonable. District court did not abuse its discretion in denying defendant an acceptance of responsibility reduction as it found that statements made by defendant regarding motivation for committing the crimes illogical and disingenuous.
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