Tuesday, February 12, 2013

Site Update

Updating as many circuits as possible in the time available each day.  Later postings, therefore, for Western and Mountain circuits.  Normal service perhaps within a week.


Third Circuit -- SBRMCOA v. Bayside Resort Inc

Claim that action is ultra vires is not subject to arbitration under the contract, as it speaks to formation.

Remand to distinguish condo owners' rights from the condo owners' boards' rights.

Coercion claim (duress) speaks to validity, not formation, and is therefore arbitrable.

SBRMCOA v. Bayside Resort Inc

Second Circuit -- Ozaltin v. Ozaltin

Federal law creates a private right of action to enforce Hague Convention access rights.  Circuit split flagged.

Awards of fees in such cases are discretionary.

Ozaltin v. Ozaltin

Second Circuit -- Alphonso v. C.I.R.

As use of the common grounds is allowed to co-op residents as part of their leasehold, they have sufficient property interest to present an issue of material fact as to whether a tax deduction for damage to the property was properly denied.

Alphonso v. C.I.R.

First Circuit -- Shafmaster v. US

Tax --

The IRS cannot be equitably estopped on the basis of a preliminary settlement.  In this case.

Notice and demand was sufficient under the statute.

Shafmaster v. US 

First Circuit -- Casiano-Montanez v. State Insurance Fund Corp.

Stay granted under Pullman abstention, as the Federal Constitutional question has antecedent state property law questions.

Dismissing under Younger abstention was error, as (1) dismissal is thwe wrong remedy under Younger and (2) plaintiffs had initiated the state action, and it was remedial to the same harms.

Casiano-Montanez v. State Insurance Fund Corp. 

First Circuit -- Zheng v. Holder

No error in Agency refusing to consider foreign government communication not authenticated in manner suggested by US statute. Threat of imprisonment in country of origin not specific enough to justify asylum.

Zheng v. Holder 

First Circuit -- Guaman-Loja v. Holder

Immigration -- harassment in country of origin not severe enough, not state related.

Guaman-Loja v. Holder 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.