LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, EVIDENCE, IMMIGRATION LAW
• Rapheal v. Mukasey

ADMINISTRATIVE LAW, ERISA, LABOR & EMPLOYMENT LAW
• Newell Operating Co. v. Int'l Union of United Auto., Aerospace, & Agric. Implement Workers of Am.

ADMINISTRATIVE LAW, TAX LAW
• Nick's Cigarette City, Inc. v. US

BANKING LAW, COMMERCIAL LAW, CONSUMER PROTECTION LAW, PROPERTY LAW & REAL ESTATE
• Cavin v. Home Loan Ctr., Inc.

LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, EVIDENCE, IMMIGRATION LAW
Rapheal v. Mukasey, No. 07-1391
In an immigration proceeding involving a petition for asylum, withholding of removal, and relief under the Convention Against Torture, a decision rejecting the claims for relief is reversed and the case remanded where petitioner's hearing before an IJ did not conform to statutory requirements insofar as she did not have a chance to review an Immigration Report admitted against her. Petitioner's challenges to the use of video conferencing for immigration proceedings are rejected. Read more...

ADMINISTRATIVE LAW, ERISA, LABOR & EMPLOYMENT LAW
Newell Operating Co. v. Int'l Union of United Auto., Aerospace, & Agric. Implement Workers of Am., No. 07-1931
In a declaratory judgment suit arising from plaintiff's decision to amend its employee welfare benefits plan to allow administrators to charge retirees uniform monthly premiums, dismissal of the case is affirmed where: 1) jurisdiction did not exist under section 502(a)(3) of ERISA since the declaratory judgment action was not designed to enforce any provisions of the plan or makes any valid allegations that ERISA will be violated; and 2) although plaintiff's LMRA section 301 claims fall within the statute, the request for declaratory judgment is covered by the Declaratory Judgment Act and the court used the discretion given under the Act to decline jurisdiction. Read more...

ADMINISTRATIVE LAW, TAX LAW
Nick's Cigarette City, Inc. v. US, No. 06-3991
In a suit seeking a refund of federal corporate income taxes for certain years, dismissal of the complaint for lack of jurisdiction is affirmed where: 1) plaintiff did not properly file a refund claim with the IRS so as to satisfy the requirements of Treasury Regulation 301.6042-2(b)(1); 2) the IRS did not consider the claims on the merits and the letter sent to the plaintiffs made it clear that the denial was based on procedural grounds; 3) although the denial letter failed to adequately explain the reasons for denial, that did not excuse plaintiff's failure to file a properly detailed refund claim; and 4) the government did not waive its right to insist on the specificity requirements. Read more...

BANKING LAW, COMMERCIAL LAW, CONSUMER PROTECTION LAW, PROPERTY LAW & REAL ESTATE
Cavin v. Home Loan Ctr., Inc., No. 07-1136
In a suit involving a mailer sent by defendant announcing its mortgage program and claiming that defendant violated the Fair Credit Reporting Act by failing to present plaintiffs' with a firm offer of credit, summary judgment for defendant is affirmed where: 1) the letter at issue presented a firm offer of credit, despite the absence of some material terms and the minimal number of consumers who obtained the loan; and 2) thus, defendant did not violate the FCRA. Read more...