Table of Contents

LATEST SUMMARIES

ADMINISTRATIVE LAW, EVIDENCE, IMMIGRATION LAW
• Ivanov v. Gonzales

COMMERCIAL LAW, CONSTITUTIONAL LAW, CONTRACTS, EVIDENCE, GAMING LAW, GOVERNMENT LAW
• Hawkeye Commodity Promotions, Inc. v. Vilsack

ERISA, LABOR & EMPLOYMENT LAW
• Anderson v. US Bancorp

EVIDENCE, INJURY AND TORT LAW, SANCTIONS, TRANSPORTATION
• Greyhound Lines v. Wade

LATEST SUMMARIES

ADMINISTRATIVE LAW, EVIDENCE, IMMIGRATION LAW
Ivanov v. Gonzales, No. 06-1178
A petition for review from a decision reopening petitioners' removal proceedings and terminating their asylum is granted where the IJ abused his discretion by granting DHS's motion to reopen pursuant to 8 C.F.R. section 1003.23(b)(3) as the agency failed to establish that the evidence submitted with its motion to reopen was not only material, but was also unavailable and undiscoverable prior to the conclusion of petitioners' removal proceedings. Read more...

COMMERCIAL LAW, CONSTITUTIONAL LAW, CONTRACTS, EVIDENCE, GAMING LAW, GOVERNMENT LAW
Hawkeye Commodity Promotions, Inc. v. Vilsack, No. 06-2406
In a constitutional challenge to Iowa legislation ending the TouchPlay lottery game, district court's rejection of the challenge is affirmed over: 1) a claim that the district court should have admitted the deposition testimony of the president of the Iowa Lottery Authority, and 2) reiterated Contracts, Takings, Equal Protection, and Due Process challenges. Read more...

ERISA, LABOR & EMPLOYMENT LAW
Anderson v. US Bancorp, No. 06-3216
In an employee's action brought pursuant to ERISA for severance benefits under defendant's "Middle Management Change in Control Severance Pay Program", summary judgment for defendants is affirmed where: 1) an abuse of discretion standard applied for review of a committee's decision, and not a more deferential standard; and 2) the district court correctly found that a committee did not abuse its discretion in determining that plaintiff was discharged for cause from his position of employment and thus was not eligible for severance benefits. Read more...

EVIDENCE, INJURY AND TORT LAW, SANCTIONS, TRANSPORTATION
Greyhound Lines v. Wade, No. 06-1875
In a suit brought by Greyhound against defendants arising from an accident in which defendant's truck rear-ended a bus traveling below the posted speed limit, a judgment finding defendants 85 percent at fault is affirmed where the district court: 1) did not err in finding plaintiff had not engaged in spoilation of evidence, and consequently did not abuse its discretion in refusing to impose sanctions; 2) did not abuse its discretion in finding injured driver was mentally competent to testify about it or in deciding factual issues based on driver's testimony; and 3) did not clearly err in apportioning fault. Read more...