Opinion Summaries. Second Circuit U.S. Court of Appeals
From: Findlaw Opinion Smmaries, August 1, 2008.
CIVIL RIGHTS, CONSTITUTIONAL LAW, GOVERNMENT LAW, IMMIGRATION LAW, INJURY AND TORT LAW, INTERNATIONAL LAW
"In an action brought by Syrian-and-Canadian dual citizen plaintiff alleging he was mistreated by U.S. officials in the U.S. and removed to Syria with the knowledge or intention that Syrian authorities would interrogate him under torture, dismissal of the action is affirmed where: 1) the allegations set forth in plaintiff's complaint were sufficient, at this early stage of the litigation, to establish personal jurisdiction over defendants not resident in New York; but 2) plaintiff did not establish federal subject matter jurisdiction over his claim for declaratory relief; 3) plaintiff's allegations did not state a claim against defendants for damages under the Torture Victim Protection Act; and 4) in light of the determinations of Congress and applicable precedents, a cause of action for damages under the Fifth Amendment could not be judicially created for plaintiff pursuant to the Bivens doctrine. (Corrected opinion)"
COMMERCIAL LAW, CONSUMER PRODUCTS, CONSUMER PROTECTION LAW, INJURY AND TORT LAW, PRODUCT LIABILITY
Jaramillo v. Weyerhaeuser Co., No. 07-0507
"In an appeal from summary judgment dismissing a strict liability action brought by injured worker plaintiff against defendant former owner of injuring machine, a question is certified to the New York Court of Appeals concerning when a seller of used machinery may be deemed a regular seller for purposes of New York's strict products liability law"
