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| Casanova v. PRE Solutions, Inc., No. 06-12417,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: District court did not abuse discretion by concluding judicial estoppel barred employee from asserting Title VII claims for damages, as statement of financial affairs he filed in prior bankruptcy case did not disclose his two EEOC complaints, and instant court could infer from record that employee purposely concealed claims.
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| Davis v. Pugh, No. 06-16233 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: Inmate was not entitled to pursue 28 U.S.C.S. § 2241 relief because he failed to show that he satisfied "savings clause" of 28 U.S.C.S. § 2255; inmate did not argue that his claim was based on any retroactively applicable Supreme Court decision, and sentencing enhancement inmate contested had no connection to a conviction for nonexistent offense.
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| Johnson v. FFE Transp. Servs., No. 06-12787,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: District court did not abuse its discretion in awarding guardian new trial in suit to recover damages for injuries sustained by ward when bus was hit by tractor-trailer; evidence showed that tractor driver was at least partially negligent under Fla. Stat. § 768.81(3) for driving very fast after observing slow-moving bus and entering patch of fog.
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| Phillips v. Irvin, No. 06-13640,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: In a § 1983 case in which a law enforcement officer asserted both qualified immunity and state-agent immunity, a district court's denial of summary judgment to the officer as to an arrestee's excessive force claim and his state law claims arising out of the officer's use of force was affirmed as the district court correctly analyzed those issues.
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| Steward v. Int'l Longshoremen's Ass'n, Local No. 1408, No. 06-14772 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: A district court's dismissal of a pro se union member's complaint alleging breach of the duty of fair representation under the NLRA as time-barred was reversed, and the case was remanded because the union member was not required to bring his complaint within six months of the NLRB's rejection of his appeal.
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| United States v. De La Sota-Rivera, No. 06-13886 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 28, 2007, Decided , March 28, 2007, Filed
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| United States v. Phoung Minh Chau, No. 06-15054 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 28, 2007, Decided , March 28, 2007, Filed
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| Youngblood v. Fla. Dep't of Health, No. 06-11523 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: Where a pastor and his church alleged state health department employees violated the Free Exercise Clause by insisting on inspecting the church's playground or classrooms, summary judgment to the employees was upheld because attempts to enforce a neutral and generally applicable law or regulatory structure did not violate the First Amendment.
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