LATEST SUMMARIES

ADMINISTRATIVE LAW, EVIDENCE, IMMIGRATION LAW
• Jamal v. Mukasey

CIVIL PROCEDURE, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, SANCTIONS, SECURITIES LAW
• Kashner Davidson Sec. Corp. v. Mscisz

LATEST SUMMARIES

ADMINISTRATIVE LAW, EVIDENCE, IMMIGRATION LAW
Jamal v. Mukasey, No. 07-1599
Petition for review of BIA's rejection of petitioner's application for asylum, withholding of removal, and relief under the CAT is denied where: 1) a conclusion that petitioner's asylum application was untimely filed did not violate due process; and 2) measured against the stringent standard for overturning fact findings made by the IJ and BIA, petitioner did not show that the record must compel a conclusion that he would to be persecuted or tortured upon returning to his native country of Pakistan. Read more...

CIVIL PROCEDURE, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, SANCTIONS, SECURITIES LAW
Kashner Davidson Sec. Corp. v. Mscisz, No. 07-1231
Although substantial deference is generally accorded to arbitrators' decisions, an arbitration judgment in a contract and securities dispute is vacated where the arbitrating panel manifestly disregarded the law by dismissing counterclaims and third-party claims as a sanction in contravention of the explicit terms of the parties' governing arbitration rules, which specifically provide that such a sanction can be entered only after lesser sanctions have been imposed and proven ineffective. Read more...