(U.S. 2d Cir., Administrative Law, Immigration Law) In a petition for review of a denial of petitioner’s asylum application, the petition is granted where the BIA improperly shifted the burden of proof to petitioner to demonstrate future persecution, and failed to consider the relevant circumstances in finding petitioner less than credible.
The Federal Circuit decided a patent infringement suit related to a software patent and a copyright infringement suit against the US government. In Trading Techs. Int’l, Inc. v. eSpeed, Inc., No. 08-1392, the court faced several issues involving plaintiff’s patent involving software for displaying the market for a commodity traded in an electronic exchange. In affirming the judgment [...]
Deen v. Egleston, No. 09-11458, was a medical malpractice action involving allegations of dental malpractice. The court of appeals described some of the claims as follows: “Linda Deen claimed that Dr. Egleston had been medically negligent by, among other things, performing a full mouth debridement which, according to Deen, “caused huge amounts of bacteria to [...]
The Fourth Circuit decided two criminal cases today, one involving a challenge to district court’s imposition of a mandatory minimum sentence based on violation of a state’s blue-light statute, and a second criminal case involving suppression of evidence. In US v. Rivers, No. 09-4336, the court faced a challenge to the imposition of a mandatory [...]
In Bessemer & Lake Erie R.R. Co. v. Seaway Marine Transp., No. 08-4676, the Sixth Circuit decided the issue of liability and damages in an admiralty case. As stated in the decision: “While it may be the case that a moving vessel must rebut the presumption to absolve itself of all liability, we know of [...]
In Bessemer & Lake Erie R.R. Co. v. Seaway Marine Transp., No. 08-4676, the Sixth Circuit decided the issue of liability and damages in an admiralty case. As stated in the decision: “While it may be the case that a moving vessel must rebut the presumption to absolve itself of all liability, we know of [...]
In Miles Farm Supply, LLC v. Helena Chem. Co., No. 08-6093, the Sixth Circuit dealt with the issue of whether defendant aided and abetted plaintiff’s employees to breach their fiduciary duties, and was thus liable for tortious interference with plaintiff’s prospective contractual relations. Unlike the reasoning the district court used in reaching its decision to [...]
In Miles Farm Supply, LLC v. Helena Chem. Co., No. 08-6093, the Sixth Circuit dealt with the issue of whether defendant aided and abetted plaintiff’s employees to breach their fiduciary duties, and was thus liable for tortious interference with plaintiff’s prospective contractual relations. Unlike the reasoning the district court used in reaching its decision to [...]
The Ninth Circuit decided two criminal cases and one personal injury matter. In US v. Garrido, No. 08-10398, the Ninth Circuit affirmed defendant’s drug and firearm possession conviction, on the ground that the district court did not err under Fed. R. Evid. 701 and 702 by allowing lay witnesses to testify that defendant used a [...]
The Ninth Circuit issued decisions in a civil rights matter, a criminal case and a matter involving the Federal Motor Carrier Act. Avalos v. Baca, No. 07-56511, involved a an action based on alleged violations of plaintiff’s rights under the Fourth and Fourteenth Amendments based on his over-detention and for defendants’ efforts to procure an [...]