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   Federal Courts - 11th Circuit Court of Appeals - March 9, 2006

  
Behrman v. Allstate Life Ins. Co., No. 05-15554 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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Overview: Economic loss rule barred tort claims; claims were not extraneous to breach of contract claim. Dismissal of negligent hiring, supervision, and retention claims was proper; bad actor was employee of non-party. Civil conspiracy claim was not independent cause of action; claim was properly dismissed, as predicate claims were properly dismissed.

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Bianchi v. Int'l Bhd. of Teamsters, Chauffeurs, & Warehousemen, Local 390, No. 05-10192, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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Bianchi v. Roadway Express, Inc., No. 04-16596, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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Overview: Because the employee waived his objection of bad faith/bias by failing to raise it before his grievance panel, the evidence at trial was insufficient to support a jury finding that the union had breached its duty of fair representation under the LMRA. Thus, the jury verdict in favor of the employee was vacated.

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Karma Int'l, S.A.R.L. v. Karre, No. 04-16637, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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Kizzire v. Baptist Health Sys., No. 04-16017, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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Overview: Where the appellate court agreed with the district court's determination that, under Alabama law, the same evidence substantially supported both suits, the putative class of hospital patients who stated that the hospital had charged uninsured patients more for health care than insured patients were barred by res judicata.

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Stasan, Inc. v. Arter & Hadden, L.L.P., No. 05-10842, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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United States v. Chapotin, No. 05-10008, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. § 922(g)(1) was reversed because there was insufficient evidence to support the conviction. There was no showing that he exercised control or dominion over the firearm prior to his arrest. His controlled substance offenses were affirmed.

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United States v. Crawford, No. 05-13965 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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United States v. Gonzalez, No. 05-10478, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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Overview: Defendant's sentence was affirmed because his argument that the government guaranteed that he would receive 78 months if he pled guilty was without merit. Defense counsel's motion for leave to withdraw was granted, and defendant's motion for appointment of another counsel was denied.

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United States v. Wheat, No. 05-11483, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 9, 2006, Decided , March 9, 2006, Filed
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Overview: The judgment of the district court was affirmed because defendant's nine claims after her conviction for conspiracy and possession of document making implements with intent to produce false identification documents all failed. There was no error in the judgment and rulings of the district court.

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