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| Baldwin v. Blue Cross/Blue Shield of Ala., No. 05-15619,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: Employer established Faragher-Ellerth defense on hostile work environment claim, 42 U.S.C.S. § 2000e-2. Employer had valid policy prohibiting harassment, investigation was reasonable, and warning alleged harasser, requiring parties to participate in counseling, and monitoring interactions was adequate remedy; employee refused to give remedy chance.
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| Bouie v. Astrue, No. 06-15575 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: ALJ properly included in a hypothetical question the limitations described by Social Security disability claimant and doctors found to be credible. ALJ did not err in finding that claimant could work eight hours per day where three doctors stated that claimant was able to do so, and doctor who disagreed did not explain reasons for his conclusion.
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| Bradley v. Kelly Servs., No. 06-13815 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: In a diversity suit based on breach of contract, a federal district court judge did not abuse his discretion by failing to recuse himself under 28 U.S.C.S. § 455(b)(1); his refusal to grant plaintiff's motions to compel discovery and or set a special trial date for her were not indicative of bias or lack of impartiality.
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| Castrillon v. United States AG, No. 06-13816 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: An alien's petition was denied since he failed to show that he was targeted on account of his perceived political opinion or membership in a particular social group, and that the government was unable or unwilling to protect him, and the BIA did not abuse its discretion in denying his motion to reopen his asylum claim.
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| Hippolyte v. United States AG, No. 06-13943 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: BIA did not abuse its discretion when it denied an alien's motion to reconsider the denial of his ineffective assistance of counsel claim because, although the motion to reconsider was timely under 8 U.S.C.S. § 1252(b)(1), the ineffective assistance of counsel claim was never properly before the BIA because it did not accept alien's untimely brief.
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| Nat'l Union Fire Ins. Co. v. Cavins, No. 06-13361,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: Insurer, as assignee of distributor and insured's indemnification contract, was not entitled to indemnification from distributor with regard to payments insurer made to settle claims filed against insured due to distributor's conduct; insurer conceded that it did not meet requirements necessary to obtain indemnity after making voluntary settlement.
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| Novella v. Wal-Mart Stores, Inc., No. 06-12919,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: Deaf employee's participation in discharge meeting was not essential function of his job; thus, under 29 C.F.R. § 1630.2 and ADA, employer was not required to make reasonable accommodation by providing interpreter at meeting. Fla. Stat. § 448.102(3) claim failed; there was no connection between employee's request for interpreter and his discharge.
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| United States v. Boatwright, No. 06-12842 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: Sentence that defendant received for violating 18 U.S.C.S. §§ 371, 1001(a)(2), which consisted of three-years' probation with six months' home detention, was reasonable where sentence was within applicable USSG range and did not exceed statutory maximum, and district court considered factors in 18 U.S.C.S. § 3553(a), including mitigating factors.
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| United States v. Godsey, No. 06-14081 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: A district court's denial of defendant's motion to suppress was affirmed since, at the time of the search, defendant was a state probationer, and a county probation officer had reasonable suspicion to support the search after he was informed by his supervisor that the police had issued a warrant for defendant's arrest.
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