LATEST SUMMARIES

ADMINISTRATIVE LAW, IMMIGRATION LAW
• Aioub v. Mukasey

CIVIL PROCEDURE, CONSTRUCTION, DEBT COLLECTION
• Laborers' Pension Fund v. Pavement Maint., Inc.

CONSTRUCTION, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION
• Envtl. Barrier Co., LLC v. Slurry Sys., Inc.

CRIMINAL LAW & PROCEDURE, EVIDENCE, WHITE COLLAR CRIME
• US v. Jackson

LATEST SUMMARIES

ADMINISTRATIVE LAW, IMMIGRATION LAW
Aioub v. Mukasey, No. 07-3666
In an immigration case involving an allegedly fraudulent marriage, petition for review of BIA order of removal is denied where substantial evidence supported the IJ's finding that petitioner had entered a sham marriage to gain permanent residency. Read more...

CIVIL PROCEDURE, CONSTRUCTION, DEBT COLLECTION
Laborers' Pension Fund v. Pavement Maint., Inc., No. 06-1955, 06-2357
In proceedings to collect a money judgment against defendant, an order requiring a third party which was indebted to defendant to turn over funds directly to plaintiffs is affirmed where: 1) a state procedural rule could not divest the district court of subject-matter jurisdiction; and 2) there was no clear error in a determination that the third party owed a debt to defendant, or in the calculation of the amount of the debt. Read more...

CONSTRUCTION, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION
Envtl. Barrier Co., LLC v. Slurry Sys., Inc., No. 06-3910
In a construction contract dispute, judgment confirming an arbitrator's award in favor of plaintiff is affirmed where: 1) the arbitrator was empowered to address the question of whether plaintiff had standing to invoke the arbitration clause; 2) defendant waived its objection to the arbitrator's determination that the dispute was arbitrable; 3) the arbitrator based his award on the contract and did not exceed his powers; and 4) a motion for reconsideration was properly denied. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, WHITE COLLAR CRIME
US v. Jackson, No. 06-3848, 06-4124, 06-4399
Convictions of three defendants for bank fraud involving generation of false mortgage loan documents are affirmed over claims of error regarding: 1) the exclusion of hearsay evidence that a prosecution witness recanted prior statements and lied to the government; 2) sufficiency of the evidence used to convict; and 3) comments by the prosecutor in closing arguments suggesting the jury draw an adverse inference from defendants' decisions not to testify. Read more...