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Case Summaries

Immigration Law

[03/16] Tamang v. Holder
In a petition for review of the denial of petitioner's asylum application, the petition is denied where: 1) the ineffectiveness of petitioner's former counsel's assistance was not plain on its face; 2) petitioner did not suffer any personal persecution, and his claim for asylum was time-barred; and 3) substantial evidence supported the Immigration Judge's finding that changed conditions in Nepal mitigated against any fear of persecution if petitioner returned to Nepal.

[03/12] Juarez v. Holder
Petition for review BIA's decision that petitioners' untimely applications and failure to provide the required biometrics meant they had abandoned their applications for relief is denied where: 1) the petitioners were given ample time to file their applications for relief and provide biometrics and did not have good cause for their delay; and 2) the IJ did not abuse his discretion in denying their motion for a continuance; and 3) IJ did not abuse his discretion in denying their requests for relief because of their failure to comply with these application prerequisites.

[03/11] Villa-Londono v. Holder
A Colombian National's request for review BIA's denial of her applications for withholding of removal and related relief is denied as the IJ's adverse credibility determination is supported by specific and persuasive findings. Moreover, with the petitioner's testimony discredited, there is very little evidence in the record to support petitioner's asylum claim.

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Insurance Law

[03/15] N.Y. Marine & Gen. Ins. Co. v. Lafarge N. Am., Inc.
In an action by a barge operator against an insurer for defense costs associated with Hurricane Katrina-related damages, the district court's order (1) dismissing all causes of action brought against defendant, (2) granting plaintiff the fees and expenses of two of the three law firms it retained to defend Katrina-related actions, and (3) denying plaintiff's motion to transfer and its application for attorneys' fees, is affirmed in part where: 1) the locus of operative facts as well as the interests of efficiency and fairness favored a New York forum; 2) the term "otherwise" in the insurance policy did not include the kind of relationship associated with a shipowner's bailment to a terminal operator, which was at issue in this case; 3) plaintiff did not have a right to pursue independent counsel to defend the Katrina actions whose legal fees would be covered by the primary policy; 4) because summary judgment in favor of defendant was warranted based on the simple non-coverage of the barge under the policy, and because there was no dispute that the primary policy had been exhausted, the excess policy applied to cover expenses in excess of the primary policy's limits. However, the order is vacated in part where coverage for fees earned by both counsel, either as excess to defendant's primary policy or as initial coverage for plaintiff's independent counsel, was intended pursuant to the umbrella coverage provided by the excess policy.

[03/12] Travelers Prop. Cas. Co. of America v. Hillerich & Bradsby Co., Inc.
In plaintiff-insurers' action seeking reimbursement for their settlement contribution against its insured arising from an underlying lawsuit for antitrust violation and tortious interference with contract and with other business relations, district court's judgment is affirmed in its entirety where: 1) Kentucky will allow reimbursement for an insurer after a unilateral reservation of rights by the insurer over the objection of the insured in at least the narrow circumstances posed in this case and in cases such as Blue Ridge; 2) the district court did not err in finding that disparagement was not part of the underlying litigation at the time of the settlement, and thus, plaintiff is entitled to reimbursement of the settlement funds paid on behalf of the defendant; 3) the district court was correct in determining that plaintiff's duty to defend was triggered on November 8, 1999, the date the First Amended Complaint was docketed; and 4) the district court did not abuse its discretion in determining the damages and pre-judgment interest awarded.

[03/10] Abdelhamid v. Fire Ins. Exch.
In homeowner's action against her insurance company after it denied coverage to her for the fire that burned her house down, summary judgment in favor of the insurance company is affirmed as the trial court did not err in granting summary judgment on the breach of contract claim as plaintiff's failure to comply constituted material breach of her contractual duties.

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