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| Ahmed v. Gonzales, No. 06-60219 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: Petition was denied as to review of the BIA's denial of a motion to reopen, as petitioner contended that remand was required because the order denying the motion to reopen did not address his claim of changed circumstances in Pakistan but a review of the record showed that this argument was contradicted by the plain wording of the BIA's order.
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| Bengal Energy LP v. En Re, LP (In re En Re, LP), No. 05-41181,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: A district court's affirmation of the bankruptcy court's post-sale charge of price adjustments was affirmed as to certain drilling costs for the original oil and gas leases, but was vacated and remanded as to the delay rental costs related to a subset of the original leases since there was no support for assessing such costs against the successor.
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| Bexar County Hosp. Dist. v. Factory Mut. Ins. Co., No. 05-51665,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: Insurer properly calculated deductible for time element loss based on insured's revenues, rather than actual expenses insured incurred in preventing closure of its hospital due to air conditioning problem, as a reading of the entire policy showed that time element values, which policy required insured to provide, referred to insured's revenues.
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| FG Hemisphere Assocs. LLC v. Republique Du Congo, No. 05-20902 Consolidated with No. 06-20032,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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| Murray v. Serena Software, Inc., No. 06-40497 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: A district court's denial of a former employee's Fed. R. Civ. P. 60(b) motion for reconsideration following the dismissal of his case as a sanction for the employee's repeated failure to comply with discovery orders was affirmed because the record showed a persistent disregard of his responsibilities rather than mistake or inadvertence.
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| Nakimbugwe v. Gonzales, No. 05-60258,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: A petition for review was reversed on the issue of the timeliness of the application for asylum and remanded to the BIA because the IJ's finding that the application was untimely was based on the IJ's incorrect reading of 8 C.F.R. § 208.4(a)(2)(ii) (2000); the IJ's denial of withholding of removal was affirmed.
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| Ramos v. United States, No. 06-20160 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: The judgment of a district court was affirmed because a pro se federal inmate had forfeited any right to challenge the district court's denial of his Fed. R. Crim. P. 41(e) motion for the return of seized property, and the district did not abuse its discretion in denying his Fed. R. Civ. P. 60(b) motion or his motion for the judge's recusal.
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| Stiner v. IBM, No. 06-20588 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of an employer in a Title VII case alleging race discrimination, was affirmed because the employee failed to show that the reason given by the employer for his removal from a sales account, that another employee was better qualified, was pretextual.
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| Stringer v. May, No. 06-60518 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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