CLICK HERE FOR FULL TEXT

B&G MINING, INC. and OLD REPUBLIC INSURANCE COMPANY,
Petitioners,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and DANNY BENTLEY,
Respondents.


No. 07-3162

On Petition for Review of a Final Order
of the Benefits Review Board.
No. 06-0304 BLA.
Argued: March 13, 2008
Decided and Filed: April 16, 2008
Before: CLAY and McKEAGUE, Circuit Judges; BOYKO, District Judge.

_________________________
OPINION
_________________________

McKEAGUE, Circuit Judge. The claimant in this black-lung benefits case, Danny Bentley, received an award of benefits against his employer, B&G Mining, Inc., and the company’s insurer, Old Republic Insurance Company (collectively, “B&G” or the “company”). At each level of review in the Department of Labor, the adjudicators awarded fees to Bentley’s attorney under the fee-shifting provision of the Black Lung Benefits Act, 30 U.S.C. § 932(a). On petition for review before this court, B&G argues that the adjudicators abused their discretion in the rates they used and the hours they approved.

For the reasons set forth below, we affirm the fee awards.


CLICK HERE FOR FULL TEXT

URIM NDRECAJ, ARDIANA NDRECAJ, UENDI NDRECAJ, UEDA NDRECAJ,
Petitioners,
v.
MICHAEL MUKASEY, Attorney General of the United States,
Respondent.


No. 07-3385

On Petition for Review of an Order
from the Board of Immigration Appeals.
Nos. A95 476 633; A95 476 634;
A95 476 635; A95 476 636.
Submitted: February 20, 2008
Decided and Filed: April 16, 2008
Before: MOORE and McKEAGUE, Circuit Judges; SCHWARZER, District Judge.

_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. The lead petitioner, Urim Ndrecaj (“Ndrecaj”), and his family seek review of the BIA’s order removing them to Albania. The Immigration Judge (“IJ”) concluded that Ndrecaj was not credible and thus found him and his family ineligible for asylum and withholding of removal under the Immigration and Nationality Act (“INA”) and the Convention Against Torture (“CAT”). The Board of Immigration Appeals (“BIA”) adopted the IJ’s decision without opinion. We conclude that the evidence does not compel a contrary conclusion as to Ndrecaj’s credibility, and we DENY the petition for review of the BIA’s decision.


CLICK HERE FOR FULL TEXT

In re: KENNETH L. DAVIS and TAMMY R. DAVIS,
Debtors.
______________________________________
KENNETH L. DAVIS and TAMMY R. DAVIS,
Appellants,
v.
GREEN TREE SERVICING, LLC,
Appellee.


No. 07-8032

Appeal from the United States Bankruptcy Court
for the Southern District of Ohio, Western Division, at Cincinnati.
No. 06-13650.
Argued: February 6, 2008
Decided and Filed: April 16, 2008
Before: PARSONS, SCOTT, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

_________________________
OPINION
_________________________

MARILYN SHEA-STONUM, Bankruptcy Appellate Panel Judge. Kenneth L. Davis and Tammy R. Davis (collectively, the “Debtors”) appeal an order of the bankruptcy court prohibiting them from modifying the secured claim of Green Tree Servicing, LLC (“Green Tree”) and sustaining the objection of Green Tree to confirmation of the Debtors’ chapter 13 plan. For the reasons that follow, we reverse and remand.