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| Dynasteel Corp. v. NLRB, No. 06-60006,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: While the company testified the employees' terminations were for policy violations, the first employee testified he was told repeatedly he would be fired if he started a union and the second was fired the day he was seen organizing a union meeting; the NLRB's findings of unfair labor practices under 29 U.S.C.S. § 158(a)(1), (3), were upheld.
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| Garza v. JD Foods Inc. (In re Garza), No. 06-10691 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: A district court's affirmation of a bankruptcy court's order granting a creditor's motion to allow an untimely filed proof of claim to be a timely filed informal claim and to permit amendment of the informally filed claim was affirmed because, even after the Bankruptcy Reform Act of 1994, the informal proof of claims doctrine was still alive.
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| Hattier v. Nethery, No. 06-30221,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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| Jennings v. Menifee, No. 06-30621 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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| Pharmacists Mut. Ins. Co. v. Hardy, No. 06-60562 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: A district court's denial of benefits under a commercial automobile policy and entry of a declaratory judgment in favor of an insurer was affirmed since the district court was correct that at the time of the accident, when the decedent was operating the vehicle, the vehicle was insured under a personal insurance policy issued by another insurer.
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| Rif v. Gonzales, No. 06-60167 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: That part of an alien's petition challenging the BIA's finding that his asylum application was untimely was dismissed because the appellate court lacked jurisdiction; the petition was otherwise denied because substantial evidence supported the BIA's finding that the alien was not entitled to withholding of removal or relief under the CAT.
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| Selgas v. Comm'r, No. 06-60311 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: Where a taxpayer sought a redetermination of his tax liability, the U.S. Tax Court's entry of judgment against him was affirmed because that court had jurisdiction, the taxpayer was not prejudiced by a failure to transcribe certain routine scheduling conferences, and the IRS's deficiency determination was correct.
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| Smith v. Harrah's New Orleans Mgmt. Co., No. 05-30096,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: In patron's suit seeking damages after he was run over by casino's valet, $ 474,573 that jury awarded the patron for lost future earnings was excessive, as the evidence showed that the patron could work in a sedentary job that offered a salary comparable to what he earned before the accident, and thus, award was reduced to $ 217,844 on remittitur.
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| United States v. Jones, No. 05-30942, consolidated with No. 05-30998,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: Codefendants convicted of health care fraud under 18 U.S.C.S. § 1347 were improperly assessed a 13-level loss enhancement under former USSG § 2F1.1 and ordered to pay more than $1 million each in restitution; district court erred in accepting the loss figures in the PSI because they failed to take into account the value of services performed.
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