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   Federal Courts - 5th Circuit Court of Appeals - January 13, 2006

  
Crockett v. R.J. Reynolds Tobacco Co., 04-41584, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Overview: Where a smoker's heirs filed a state court action against tobacco companies and health care entities, and on remand the health care entities were severed, on a second removal the voluntary-involuntary rule did not apply since the health entities were not properly-joined parties; the district court had jurisdiction under 28 U.S.C.S. § 1446(b).

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Daugherty v. Barnhart, m 05-10549 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Evans v. Metro. Life Ins. Co., m 04-20731, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Fleming v. United States, No. 04-51081 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Overview: Order substituting the U.S. as a defendant in place of federal defendants and dismissing all claims against federal defendants was not appealable because, inter alia, it did not constitute a final order for purposes of 28 U.S.C.S. § 1291. Also, district court did not indicate any intent to certify it as final for purposes of Fed. R. Civ. P. 54(b).

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Illorson v. Gonzales, No. 05-60013 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Overview: Cameroon citizen's petition for review of denial of claims for withholding of removal, 8 U.S.C.S. § 1231(b)(3)(A), and protection under the Convention Against Torture was denied. The IJ's finding that she was not a credible witness was supported by the record, and the contrary conclusion, that she was credible, was not compelled by the record.

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Kelso v. Lyford Cay Mbrs. Club, No. 04-11512, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Overview: A former member's suit against a private club was properly dismissed under Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction. The club did not direct its activities to Texas such that the member's cause of action arose from them, and the use of the mail and accepting checks from Texas banks did not show continuous and systematic contact.

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Khan v. Gonzales, No. 04-60934 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Overview: Alien was denied review of the BIA's dismissal of his appeal from a removal order because he did not have an attorney to receive service when he was served with a notice to appear and the certificate of service, which reflected that he was served in person and bore his signature, showed that he received proper service under 8 C.F.R. § 1003.13.

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Mazariegos-Diaz v. Gonzales, No. 04-60894 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Overview: The Board of Immigration Appeals properly denied an alien's motion to reopen his removal proceeding to apply for asylum because the evidence supporting his application could have been presented at the removal hearing, and the tardiness of the application raised questions as to its genuineness.

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Mazariegos-Diaz v. Gonzalez, No. 04-60652 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Mowbray v. Am. Gen. Life Cos., No. 05-20156 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 13, 2006, Filed
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Overview: Employee's FMLA retaliation claim, 29 U.S.C.S. § 2615, failed, as she did not suffer adverse employment action; she opted to resign and collect severance package before companies made ultimate employment decision regarding her position in wake of merger. Also, evidence revealed reasonable employee would not have felt compelled to resign.

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