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| Alexandre v. United States AG, No. 05-15421 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: An alien's petition for review of the BIA's denial of his motion to reopen his deportation proceedings in order to permit him to apply for relief under 8 U.S.C.S. § 1182(c) was denied because the REAL ID Act did not violate the Suspension Clause, and discretionary relief under § 1182(c) did not apply retroactively to the alien.
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| Anderson v. Osh Kosh B'Gosh, No. 05-13921 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: District court did not err in dismissing an employee's Title VII discrimination suit for failure to effect service on her employer within the 120 days allowed by Fed. R. Civ. P. 4(m) and in accordance with Rule 4(h)(1); the employee did not offer any explanation or good cause for her failure to effect service, nor did she request an extension.
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| Baddeliyanage Lanka Santha v. Linnenkohl, No. 05-14749 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided
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Overview: Although employee established prima facie case of race and national origin discrimination, his suit was properly dismissed on summary judgment, as he failed to show that employer's nondiscriminatory reasons for not selecting employee for promotions were pretext where applicants chosen had higher scores than employee and more relevant experience.
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| Dzikowski & Walsh v. Barbee (In re Westwood Cmty. Two Ass'n), No. 05-13753 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: A district court's order affirming a bankruptcy court was affirmed since the bankruptcy trustee could not levy a special assessment against the property of non-debtor third-party homeowners to satisfy general unsecured claims against the debtor. The bankruptcy court denied a law firm's fee application and ordered disgorgement of interim fees.
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| Giddens v. Equitable Life Assur. Soc'y, No. 05-10816,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: Insured was entitled to summary judgment on claim for benefits under disability insurance policy because ambiguous language required him to be unable to perform "most," not "all," of substantial and material duties of real estate occupation; insured, however, was not "regularly" engaged in dentistry at time he became disabled from liver condition.
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| Goodman v. New Horizons Cmty. Serv. Bd., No. 05-14717 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: District court did not abuse its discretion in dismissing employee's Title VII, 42 U.S.C.S. §§ 1981, 1983, and Equal Protection Clause discrimination case with prejudice pursuant to Fed. R. Civ. P. 37(b)(2)(C) because the record showed no reason to believe that the employee would comply with another order to cease filing frivolous motions.
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| Mujaj v. United States AG, No. 05-14804 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided
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Overview: An alien's petition for review was denied because the IJ offered cogent reasons for her adverse credibility finding, which were supported by substantial evidence, and even if the court were to have presumed future persecution based on past persecution, the government rebutted the presumption by showing a change in conditions in Albania.
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| Saldarriaga v. United States AG, No. 05-15084 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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Overview: A petition for review of the denial of the aliens' application for asylum and withholding of removal was denied because an IJ provided specific, cogent reasons for finding that an alien was not credible. Even if the alien was credible, she failed to show that she had suffered past persecution or had a well-founded fear of future persecution.
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| Sandyland Produce, L.L.C. v. Tar Heel Farms, Inc., No. 04-16340,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 12, 2006, Decided , April 12, 2006, Filed
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