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| Edmonds v. Ben. Miss., Inc., No. 05-61164 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: Malicious prosecution claim failed; nothing suggested defendant initiated action for reason other than to collect debt it thought plaintiff owed. Excluding credit report, Fed. R. Civ. P. 37(c)(1), was not abuse of discretion; plaintiff gave no substantial justification for failure to include it in pretrial order or disclose it before cut-off date.
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| H&H, LLC v. CWI-White Oaks Landfill, LLC, No. 05-30872 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: Through its offer of extrinsic evidence at trial, seller conceded that royalty agreement with buyer was ambiguous. Thus, seller could not argue that agreement was unambiguous, so as to allow district court not to give deference to jury's interpretation of agreement limiting royalties to certain items and instead render judgment as matter of law.
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| Harry v. Lauderdale County, No. 06-60525 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: A district court's grant of a judge's Fed. R. Civ. P. 12(b)(6) motion to dismiss was affirmed because the judge was entitled to absolute immunity, and, since the immunity of a sheriff and a county was derivative of the judge's absolute immunity, the district court's entry of summary judgment in favor of the sheriff and the county was affirmed.
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| MJCM, L.L.C. v. United Cmty. Banks, Inc., No. 05-20465,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: Finding that entity experienced change of control in ownership that would trigger § 11 of contract between plaintiff and entity was not error. Reading contract as whole termination under § 11 of contract did not bring § 12 of contract into play; in other words, § 11 contained own remedy, namely, payment of fees described in Exhibit C.
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| Revilla-Moreno v. Gonzales, No. 06-60233 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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| Sobrinio v. Med. Ctr. Visitor's Lodge, Inc., 06-20671,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of a former employer was affirmed because the former employee failed to satisfy his burden of showing that he was engaged in interstate commerce; therefore, he was not entitled to the FLSA's protections based on the facts alleged.
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| United States v. Aguilar-Alvarez, m 06-50131,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: Conviction of knowingly possessing marijuana with intent to distribute was affirmed, as defendant offered implausible explanations and lied to officers, which sufficiently supported inference that he knowingly possessed drugs. Claim that he was traveling from Los Angles was implausible, and he lied to officials about being in his tractor-trailer.
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| United States v. Estrada, No. 05-20705 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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| United States v. Figueroa-Hernandez, No. 06-40140 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: Defendant's conviction and sentence for violating 8 U.S.C.S. § 1326(a) and (b) was affirmed because the district court did not err by enhancing defendant's sentence pursuant to U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(ii) based on its determination that his 1994 conviction under Tex. Penal Code Ann. § 21.11(a) was a crime of violence.
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