LATEST SUMMARIES
ADMINISTRATIVE LAW, IMMIGRATION LAW
• Alsamhouri v. Gonzales
• Raza v. Gonzales
BANKING LAW, PROPERTY LAW & REAL
ESTATE
• Santos-Rodriguez v. Doral Mortgage Corp.
CIVIL
PROCEDURE, CONSTRUCTION, CONTRACTS, REMEDIES
• Alstom Caribe, Inc
v. Geo P. Reintjes Co., Inc.
CIVIL RIGHTS, LABOR &
EMPLOYMENT LAW
• Freadman v. Metro. Prop. & Cas. Ins. Co.
CONSTRUCTION, CONTRACTS
• TLT Constr. Corp. v. RI, Inc.
CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• US
v. Pierre
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LATEST SUMMARIES
ADMINISTRATIVE LAW, IMMIGRATION LAW
Alsamhouri v.
Gonzales, No. 05-2800
Petition for review of a final
order of removal is denied where the denial of a request for a
continuance to give petitioner additional time to file an
application for asylum, withholding of removal, and relief under the
Convention Against Torture (CAT) was not an abuse of discretion
given the IJ's amply supported findings that petitioner understood
the filing deadline but failed to diligently proceed with the
application. Read more...
ADMINISTRATIVE LAW, IMMIGRATION LAW
Raza v. Gonzales,
No. 06-1672
Petition for review of a BIA decision
denying petitioner's motion to reopen a removal proceeding is denied
where the BIA's ruling that the motion was numerically and
temporally barred contained no abuse of discretion or error of any
kind. Read
more...
BANKING LAW, PROPERTY LAW & REAL
ESTATE
Santos-Rodriguez
v. Doral Mortgage Corp., No. 06-1769
In a suit under
the federal Truth in Lending Act seeking rescission of home loans
and damages based on defendant's alleged failure to provide
plaintiffs sufficient notice of their rescission rights, dismissal
is affirmed over plaintiff's arguments that: 1) defendant failed to
comply with the TILA's disclosure requirements because it gave
plaintiffs a form patterned on Model Form H-8, which is designed for
general transactions, rather than one patterned on Model Form H-9,
which is designed for same-lender refinancing transactions; and 2)
the form defendant used was misleading because it did not adequately
explain the effects of rescinding a same-lender refinancing loan, as
opposed to an original loan. Read more...
CIVIL PROCEDURE, CONSTRUCTION, CONTRACTS,
REMEDIES
Alstom Caribe, Inc
v. Geo P. Reintjes Co., Inc., No. 06-2386
In a
dispute over construction work performed at a power plant, an order
of the district court commanding the deposit of funds into the
court's registry is vacated and remanded with instructions to
reconsider motions for intervention and transfer where: 1) the
transfer of the funds to a different court in a different district
was error; 2) the error was not harmless; and 3) the order was
internally inconsistent. Read more...
CIVIL RIGHTS, LABOR & EMPLOYMENT LAW
Freadman v. Metro.
Prop. & Cas. Ins. Co., No. 06-1486
In a suit
under the ADA against a former employer alleging discrimination,
retaliation and lack of reasonable accommodation, summary judgment
for defendant is affirmed where the plaintiff failed to establish a
prima facie case on any of her claims. Read more...
CONSTRUCTION, CONTRACTS
TLT Constr. Corp.
v. RI, Inc., No. 06-2214
In a suit by a general
contractor against a subcontractor for breach of contract, summary
judgment for the general contractor is reversed and remanded for
entry of summary judgment for defendant where, even viewed in a
light most favorable to plaintiff, the record shows that no contract
was ever formed. Read more...
CRIMINAL LAW & PROCEDURE, EVIDENCE,
SENTENCING
US v. Pierre, No.
05-2309
Convictions, combined sentence, and
forfeiture order for drug conspiracy and possession charges are
affirmed over defendant's numerous arguments challenging the
indictment, the evidence presented at trial, the calculation of the
forfeiture amount, and his sentence. Read more...
