Opinion Summaries: Second Circuit U.S. Court of Appeals April 22, 2008
From: Findlaw Opinion Summaries , April 22, 2008.
ADMINISTRATIVE LAW, AEROSPACE & DEFENSE, CIVIL PROCEDURE, CLASS ACTIONS, CONSTITUTIONAL LAW, ENVIRONMENTAL LAW, HEALTH LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE, REMEDIES
Benzman v. Whitman , No. 06-1166, 06-1346, 06-1454
"An order denying in part and granting in part defendants' motions to dismiss claims for damages against former EPA administrator, and for other relief against EPA for alleged constitutional and statutory violations in the aftermath of the 9/11 disaster, is reversed in part where the district court improperly denied defendants' motion to dismiss: 1) claims of Fifth Amendment substantive due process violations to be free from government-created health risk; and 2) constitutional claims under the Administrative Procedure Act." .
CIVIL PROCEDURE, CIVIL RIGHTS, HEALTH LAW, LABOR & EMPLOYMENT LAW
Salamon v. Our Lady of Victory Hosp. , No. 06-1707
I"n an action against employer alleging sexual discrimination in violation of Title VII and New York Human Rights Law, grant of summary judgment for employer is vacated and remanded where there remained a genuine issue of material fact regarding plaintiff's employment status"
CONSTITUTIONAL LAW, IMMIGRATION LAW
"Where a removable alien does not challenge on legal or constitutional grounds a decision to place him/her in removal proceedings, the circuit court lacks jurisdiction to consider a petition for relief."
CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW
Emokah v. Muksasey , No. 07-3115
"Where an alien whose previous visa application has been denied receives a visa after providing false information about his/her identity, that conduct constitutes willful misrepresentation of a material fact for purposes of 8 U.S.C. section 1182(a)(6)(C)(i)".
