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| Cascade Crossing II, LLC v. Radioshack Corp., No. 06-13571,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: A federal appellate court certified a question to the Georgia Supreme Court regarding whether O.C.G.A. § 13-1-11 applied to and limited the award of attorneys' fees and costs in the present case involving a commercial lease because resolution of that issue was determinative of the case and because the appellate court found no controlling precedent.
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| Clark v. Argutto, No. 06-12350 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: Inmate's allegations that guards one, three, and four, associate warden, and investigator repeatedly tightened handcuffs, threatened inmate with harm if he did not cease his litigation activities, kicked inmate, or stood by without intervening, established that he had viable U.S. Const. amend. VIII excessive force claims against these defendants.
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| De Garcia v. United States Ag, No. 06-14140 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: In a case arising under the pre-IIRIRA INA, a legal permanent resident's petition for review was denied because her due process rights were not violated by the BIA's denial of her motion to reopen her final deportation hearing on the basis that the resident did not receive notice since the INS followed the notice procedures in the pre-IIRIRA INA.
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| Green v. Holland, No. 06-10241,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: Stand-alone action for accrued interest on delayed benefits failed, as the plan at issue did not provide for interest as a benefit. Where an employee-benefit plan failed to expressly provide for accrued interest as a plan benefit, 29 U.S.C.S. § 1132(a)(1)(B) did not permit a claimant to bring a stand-alone cause of action to recover such interest.
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| Heard v. Ga. State Bd. of Pardons & Paroles, No. 06-15038 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: State prisoner's due process rights were not violated because he had no liberty interest in parole, nothing in 28 U.S.C.S. § 1915A required an evidentiary hearing prior to a sua sponte dismissal of § 1983 case for failure to state a claim, and O.C.G.A. § 42-9-45(f) did not create a liberty interest in parole after a residential burglary conviction.
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| Irabor v. United States AG, No. 06-13535 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: Simple battery under O.C.G.A. § 16-5-23 contained an element of use of physical force as required for a crime of violence under 18 U.S.C.S. § 16(a) and 8 U.S.C.S. § 1101(a)(43). Thus, alien with prior conviction for that crime was ineligible for cancellation of removal under 8 U.S.C.S. § 1229b or for discretionary relief under 8 U.S.C.S. § 1182(h).
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| Ishler v. Internal Revenue, No. 06-14233 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: A taxpayer's complaint against the IRS and an agent was properly dismissed for lack of jurisdiction because his breach of trust claim did not comply with the requirements of 26 U.S.C.S. § 6330(d) by first seeking a determination from the U.S. Tax Court as to IRS rulings made regarding the taxpayer's liability for income taxes on business revenue.
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| Monaco v. Tanning Research Labs., Inc., No. 06-15058 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: In an ADEA case, a district court's entry of summary judgment in favor of an employer was affirmed because an employee failed to rebut the legitimate, nondiscriminatory reasons given by the employer for the employee's pay reduction and for promoting a younger person instead of the employer to a newly created position.
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| United States v. Earl, No. 06-13631 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2007, Decided , March 13, 2007, Filed
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Overview: Defendant's 24-month sentence was affirmed because there was sufficient evidence to show that he violated the conditions of his supervised, and the record showed that the district court considered the 18 U.S.C.S. § 3553(a) factors, and the district court gave reasons for rejecting the USSG range of 12-18 months.
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