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| Am. United Life Ins. Co. v. Martinez, No. 05-14920,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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Overview: Because the Florida Viatical Settlement Act, Fla. Stat. § 626.99275(1)(a) (2004), only regulated viatical transactions with in-state viators, and none of the insureds concerned in the insurers' action alleging fraud against the viatical settlement companies lived in Florida, dismissal of those claims was affirmed.
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| Bircoll v. Miami-Dade County, No. 06-11098,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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Overview: Waiting for an oral interpreter before field sobriety tests, or immediately arresting a deaf person and taking him to the station, was not a reasonable modification of police procedures, given the exigent circumstances of a such a stop and public safety concerns; summary judgment to a county on the arrestee's ADA claim was upheld.
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| Brown v. United States, No. 06-14229 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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Overview: A district court's denial of an inmate's 28 U.S.C.S. § 2255 motion, which was based on ineffective assistance of counsel, was affirmed since counsel's failure to file a motion to suppress did not prejudice the inmate as a suppression motion would have failed; the agents saw the drugs in plain view, and they had probable cause to search the car.
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| Hammond v. Reynolds Metals Co., No. 06-12656,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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Overview: After a plant shutdown, workers who accepted the same jobs at lesser wages from the new plant owners without experiencing a gap in employment were not eligible for additional pension and supplemental unemployment benefits pursuant to their former employer's benefits plan under ERISA, 29 U.S.C.S. § 1001 et seq., or based on breach of fiduciary duty.
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| Myricks v. FRB, No. 06-11624,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of a former employer in regards to a former employee's Title VII discrimination claim was affirmed since the employee voluntarily and knowingly waived claim when he signed a severance agreement and general release to receive enhanced retirement benefits.
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| United States v. Bonilla, No. 06-10968 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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Overview: Defendant who pled guilty to cocaine smuggling was properly assessed a two-level enhancement under USSG § 2D1.1(b)(2)(B) based solely on proffered evidence because two witnesses were willing to testify that he captained the smuggling vessel, which was subject to the jurisdiction of the United States under former 46 U.S.C.S. App. § 1903(a),(g),(j).
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| United States v. Gonzalez Padilla, No. 06-11444 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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Overview: Defendant's concurrent 135-month sentences for violating 46 U.S.C.S. app. § 1903(a), (g), and (j) (current versions at 46 U.S.C.S. §§ 70503(a) and 70506), 21 U.S.C.S. § 960(b)(1)(B)(ii), and 18 U.S.C.S. § 2 were affirmed his relevant conduct was identical to his actual conduct, and he was not less culpable than other participants.
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| United States v. Jones, No. 06-11060 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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| United States v. Palacios, No. 06-13686 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2007, Decided , March 7, 2007, Filed
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