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| Barlow v. Allstate Tex. Lloyds, No. 06-40913 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of an insurer on the insureds' breach of the duty of good faith and fair dealing and breach of contract claims was affirmed because the insureds' self-serving affidavits, filed in response to the insurer's motion for summary judgment, failed to show a genuine issue of material fact.
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| Blastmyresume.com, LP v. Hoboken Web Servs. LLC, No. 05-11498,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2007, Filed
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Overview: A district court's order was vacated insofar as it imposed sanctions on a law firm associate because his failure to disclose the citizenship of a limited partnership that he represented was based on the good faith argument that a company had no right to obtain the citizenship information after the company had removed the case to federal court.
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| Kol v. Gonzales, No. 06-60366 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2007, Filed
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| Langbecker v. Elec. Data Sys. Corp., No. 04-41760,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2007, Filed
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Overview: In an ERISA case, a district court's Fed. R. Civ. P. 23(b)(1) or (2) class certification was vacated, and the case remanded because, inter alia, the district court incorrectly eliminated the ERISA § 404(c), 29 U.S.C.S. § 1104(c), defense from its evaluation of the suitability of the allegations for class treatment.
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| Melton v. Livingston, No. 06-20097 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2007, Filed
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Overview: A pro se inmate's appeal of a district court's dismissal of his § 1983 complaint pursuant to 28 U.S.C.S. § 1915A was dismissed because the appeal was frivolous; the inmate's deliberate indifference and retaliation claims failed. The appellate court imposed a 28 U.S.C.S. § 1915(g) bar.
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| Melton v. Lock, No. 05-20770 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2007, Filed
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| Positive Software Solutions, Inc. v. New Century Mortg. Corp., No. 04-11432,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2007, Filed
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Overview: Where an arbitrator and the licensee's counsel both represented an unrelated client in an unrelated matter, but never met or spoke before the licensor's arbitration, the arbitrator's failure to disclose that past trivial business relationship did not, under 9 U.S.C.S. § 10(a)(2), require vacating the award in favor of the licensee.
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| Randolph v. Tex. Rehab. Comm'n, No. 03-50538 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2007, Filed
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Overview: A district court's dismissal of a former employee's § 1983 claims against employees of the Texas Rehabilitation Commission (TRC) was affirmed because none of the employee's statements were public in nature when the content, form, and context were considered. Dismissal of his § 504 of the Rehabilitation Act of 1973 claims was reversed.
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| United States v. Bui, No. 06-30128 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2007, Filed
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Overview: Defendant's conviction for possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C.S. § 924(c)(1) was affirmed because there was sufficient evidence to support the conviction, and, even if a question defendant was asked on cross-examination was improper, it did not affect defendant's substantive rights.
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