Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 14

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September 30 – October 2, 2009.

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CIVIL PROCEDURE, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE Roberts v. Babkiewicz, No. 08-3858 In a 42 U.S.C. section 1983 action alleging malicious prosecution, dismissal of the action is reversed where it was unclear that the criminal charge against plaintiff that the state dropped was necessarily related to or arose from the same circumstances as the criminal offense to which plaintiff pleaded guilty, and thus it was unclear under Connecticut law whether the dismissal of the underlying criminal offense resulted in a “favorable termination.” ..

ERISA, LABOR & EMPLOYMENT LAW Ladouceur v. Credit Lyonnais, No. 07-4040 In an ERISA action alleging a breach of fiduciary duty based on changes to an employee benefit plan, summary judgment for defendants is affirmed where oral promises cannot vary the terms of a written ERISA plan.


BANKRUPTCY LAW, CIVIL PROCEDURE, ENVIRONMENTAL LAW, OIL & GAS LAW, PER CURIAM, PUBLIC UTILITIES Orange Cty. Water Dist. v. Unocal Corp., No. 07-5724 In a petition for a writ of mandamus challenging the district court’s order denying petitioner’s motion to remand the action to state court, the petition is denied where: 1) the court of appeals’ prior opinion did not preclude the district court’s conclusion that petitioners failed to file a timely motion for remand, because the purportedly erroneous removal under 28 U.S.C. section 1452(a) did not implicate the district court’s subject matter jurisdiction; and 2) any challenge to the district court’s subject matter jurisdiction was best addressed on direct appeal, rather than by a writ of mandamus. .

CONSTRUCTION, CONTRACTS Arch Ins. Co. v. Precision Stone, Inc., No. 07-3950 In an action for payment on a labor and materials payment bond issued by defendants in connection with a construction project, judgment for plaintiff is affirmed in part where the district court did not err in finding that the action was timely under the terms of the bond. However, the judgment is reversed in part where the district court improperly set off from the damages award the contractor’s full cost to complete that portion of the contracted work that had not been completed by plaintiff.

CRIMINAL LAW & PROCEDURE US v. Shim, No. 08-1834 Defendant’s conviction for conspiring to transport women in interstate and foreign commerce for the purpose of prostitution is reversed where the district court erred in failing to instruct the jury that defendant had to know that the women were transported in interstate commerce to be guilty of the offense.

CONTRACTS, DISPUTE RESOLUTION & ARBITRATION Local 348-S v. Meridian Mgmt. Corp., No. 07-0080 In an appeal from the district court’s order requiring defendant to arbitrate the issue of whether it was bound by the terms of a collective bargaining agreement, the order is affirmed where defendant’s predecessor corporation was a party to the agreement and thus it was binding on defendant. Read more…

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW Wang v. Holder, No. 07-5369 In a petition for review of the BIA’s order denying petitioner’s application for asylum, withholding of removal under 8 U.S.C. section 1231(b)(3), and withholding of removal under the Convention Against Torture, the petition is denied where petitioner’s participation in a scheme to sell organs for profit on the black market was a serious nonpolitical crime
INJURY AND TORT LAW, INTERNATIONAL LAW Presbyterian Church of Sudan v. Talisman Energy, Inc., No. 07-0016 In an action alleging that defendant participated in the Sudan government’s violations of international law through genocide, war crimes, and crimes against humanity, the dismissal of the complaint is affirmed where plaintiffs failed to establish defendant’s purposeful complicity in human rights abuses

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