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