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| Berti v. United States AG, No. 06-14943 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2007, Decided , April 18, 2007, Filed
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Overview: A petition for review was denied since an IJ's adverse credibility determination was sufficient to support the denial of asylum, withholding of removal, and relief under the CAT; the political group that the alien said persecuted her in 1998 was reported by the United States not to have come into existence until 2001.
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| C.G. v. Gann, No. 06-15455 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2007, Decided , April 18, 2007, Filed
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Overview: In a case brought under Title IX and § 1983, a district court's entry of summary judgment in favor of a school board, a superintendent, a principal, and an assistant principal was affirmed since, inter alia, a child's argument regarding defendants' failure to move for summary judgment on all claims was meritless.
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| Florence v. Crescent Res., LLC, No. 06-13587, No. 06-13588, No. 06-13589, No. 06-14206,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2007, Decided , April 18, 2007, Filed
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Overview: In a case that was removed pursuant to 28 U.S.C.S. § 1441, alleging fraudulent joiner, and involving Fla. Stat. §§ 376.308(2)(d) and 376.313, a district court's denial of motions to remand was vacated, and the case was remanded because Florida law was unclear to whether a foreign LLC and a Florida company could be held liable.
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| Florida Dep't of Revenue v. Piccadilly Cafeterias, Inc. (In re Piccadilly Cafeterias, Inc.), No. 06-13759,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2007, Decided , April 18, 2007, Filed
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Overview: 11 U.S.C.S. § 1146(c)'s tax exemption could apply to those pre-confirmation transfers that were necessary to the consummation of a confirmed plan of reorganization, which, at the very least, required that there be some nexus between the pre-confirmation sale and the confirmed plan.
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| Kahn v. Am. Heritage Life Ins. Co., No. 06-15842 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2007, Decided , April 18, 2007, Filed
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Overview: A district court's dismissal of a contractor's Pennsylvania Human Relations Act (PHRA) unlawful retaliation claim was affirmed since, as an insurance agent, she was not an independent contractor covered by the PHRA as her profession was not regulated by the Bureau of Professional and Occupational Affairs in the Department of State of Pennsylvania.
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| Nimbus Techs., Inc. v. SunnData Prods., No. 06-10657,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2007, Decided , April 18, 2007, Filed
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Overview: Claim of intentional interference with business relations failed, as defendant was not stranger to plaintiff's relationship with non-party; defendant loaned $ 117,000 to non-party during course of non-party's business relationship with plaintiff, so defendant had economic interest in non-party's success, including relationship with plaintiff.
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| Parker v. Brush Wellman, No. 06-12243,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2007, Decided , April 18, 2007, Filed
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Overview: A district court entry of summary judgment against past and present employees on the beryllium sensitization claim was vacated as a material issue of fact existed, and remanded because it was premature, but the dismissal of the employees' medical monitoring and subclinical injuries claims was affirmed.
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| United States v. Coime-Sanchez, No. 06-15270 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2007, Decided , April 18, 2007, Filed
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Overview: Defendant's 151-month sentence for conspiracy to possess and possession with intent to distribute five or more kilograms of cocaine while aboard a vessel subject to United States jurisdiction was reasonable under 18 U.S.C.S. § 3553(a); a minor role reduction was inappropriate because defendant's actions were the same as those of his crew mates.
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| United States v. Sweeting, No. 04-16241 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2007, Decided , April 18, 2007, Filed
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Overview: Defendant's convictions and sentences for violating 21 U.S.C.S. §§ 846 and 841(a)(1) were affirmed because, inter alia, the district court did not err in refusing to strike two perspective jurors, and even if the jury instructions improperly expanded the indictment, defendant could not show that her substantial rights were affected.
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