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| Bester v. Leavitt, No. 06-12251 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: In responding to jury question, district court did not commit plain error under Fed. R. Civ. P. 51(d)(2) in stating that "determinative consideration" and "motivating factor" described degree to which actions cited by employee in hostile work environment suit had to be race-related; those terms were synonymous and were correct statements of law.
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| Brown v. United States PTO, No. 06-14716 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: Summary judgment entered against plaintiff in his action under FOIA was affirmed because plaintiff was not entitled to additional proceedings simply because he was proceeding pro se, and plaintiff had not established that he was a member of the media entitled to reduced fees under 5 U.S.C.S. § 552(a)(4)(A)(vii).
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| Bryan v. Spillman, No. 06-13970 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: Grant of summary judgment to the officer on plaintiff's § 1983 claims was affirmed because the officer had an investigatory purpose for approaching plaintiff's house -- he was investigating a report of an abandoned vehicle at the house -- and, after smelling marijuana, the officer had reasonable, articulable suspicion to detain plaintiff.
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| Cox Nuclear Pharm., Inc. v. CTI, Inc., No. 05-14713,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: Buyer's breach of contract claim, which was based on cyclotron seller's oral representation that its subsidiary would not compete with buyer in selling isotopes within certain area, failed because evidence showed that parties contemplated this to be a long-term agreement, and thus, the agreement did not meet requirements of Ala. Code § 8-9-2(1).
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| Dzikowski v. N. Trust Bank of Fla., N.A. (In re Prudential of Fla. Leasing, Inc.), No. 05-17227,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: 11 U.S.C.S. § 550(d) did not abrogate the right of a bankruptcy trustee to collect the full value of 11 preferential or fraudulent transfer under § 550(a) where the trustee had previously reached a settlement agreement with other defendants on those 11 transfers and many others. Fla. Stat. § 46.015(2) did not prevent collection.
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| Gomez v. United States AG, No. 06-14314 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: A Columbian citizen was properly denied asylum or refugee status under 8 U.S.C.S. § 1158(b)(1); his refusal to be recruited by a guerilla group to fly supplies and people, although resulting in threats and harassment, did not constitute a well-founded fear of future persecution based on political opinion under 8 U.S.C.S. § 1101(a)(42)(A), (B).
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| Jazairi v. Royal Oaks Apt. Assocs., L.P., No. 06-15389 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: Testimony of doctor that mold in tenant's apartment caused her lung problems failed to surpass Daubert threshold where doctor tested tenant for mold allergies, found that she had none, and did not conclude that tenant suffered symptoms due to exposure to mold; doctor was relying only on temporal proximity of mold exposure and tenant's symptoms.
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| Lombana v. United States AG, No. 06-12674 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: Court lacked jurisdiction to consider BIA's order affirming alien's removal, as petition was not filed within 30 days under 8 U.S.C.S. § 1252(a)(1), (b)(1). Alien's motion to reopen was properly denied because it was untimely filed, it was his second such motion, and he did not show that his new evidence constituted changed circumstances.
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| Moore v. ITT Tech. Inst., No. 05-15994,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: In Title VII and 42 U.S.C.S. § 1981 case involving multiple employees, employee four failed to show that employer's reason for discharging her was pretextual; even if the employer's belief that employee four violated employer's attendance policy was mistaken, as long as the belief was honest, the employer was not liable for discriminatory conduct.
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| Smith v. Shorstein, No. 06-13246 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: A convicted sex offender kept in prison after his sentence ended while state officials pursued further incarceration under the Involuntary Civil Commitment of Sexually Violent Predators Act, Fla. Stat. § 394.910 stated a continuing civil rights violation under 42 U.S.C.S. §§ 1983, 1985; the Act was inapplicable to persons not lawfully incarcerated.
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