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| Beard v. Experian Info. Solutions Inc., No. 06-10333 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2007, Filed
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Overview: District court did not abuse its discretion in dismissing, pursuant to Fed. R. Civ. P. 41(b), suit in which appellant alleged that credit reporting agency engaged in credit discrimination, as appellant repeatedly refused to comply with district court's orders, even after warnings that his failure to comply could result in imposition of sanctions.
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| Conseco Life Ins. Co. v. Judson, No. 06-30775 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2007, Filed
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Overview: District court erred in treating a putative beneficiary's Fed. R. Civ. P. 41(a) notice of dismissal as a motion to dismiss and denying it as moot after resolving an insurer's interpleader action in favor of another party where the putative beneficiary filed the notice before any responsive pleadings were filed.
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| Dehart v. Baker Hughes Oilfield Operations, Inc., No. 05-21087,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2007, Filed
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Overview: For purposes of retaliation claim under 42 U.S.C.S. § 2000e-3(a), employee could not claim her co-worker's protected activity of filing EEOC charge as her own protected activity as employee had not participated in filing of that charge, and there was no causal link between employee's own filing of EEOC charge and her discharge seven months later.
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| Empacadora de Carnes de Fresnillo, S.A. de C.V. v. Curry, No. 05-11499,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2007, Filed
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Overview: Permanent injunction barring district attorney's prosecution of slaughterhouses for processing, selling, and transporting horsemeat for human consumption under Tex. Agric. Code Ann. ch. 149 (2004) was vacated as such prohibition on sale for human consumption did not conflict with Tex. Health & Safety Code Ann. § 433.033's regulatory purposes.
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| Hebert v. Maxwell, m 05-30929,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2007, Filed
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Overview: A parish sheriff and a deputy were properly denied qualified immunity in a detainee's § 1983 suit for false arrest and imprisonment and inhumane conditions of confinement; under La. Rev. Stat. Ann. § 32:411.1(A)(4) (2002), the detainee should have been released on his own recognizance bond for alledgedly violating the criminal trespass statute.
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| Riley v. La. State Bar Ass'n, No. 06-30695 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2007, Filed
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Overview: District court properly concluded that Rooker-Feldman doctrine applied and barred it from considering claims asserted by applicant, after his application for readmission to state bar was denied. Applicant's U.S. Const. XIV and 42 U.S.C.S. §§ 1981, 1983, 1988, claims were "inextricably intertwined" with state court decision denying his application.
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| Turner v. Baylor Richardson Med. Ctr., No. 05-11273,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2007, Filed
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Overview: The grant of summary judgment to the employer on the Title VII claims was affirmed; the employer articulated a host of legitimate, nondiscriminatory reasons for the employee's termination and the employee introduced no evidence suggesting that the employer adhered to its disciplinary policies differently in cases involving non-minority employees.
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| Undheim v. Barnhart, No. 06-30417 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2007, Filed
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Overview: ALJ did not have to accord special weight to treating psychiatrist's opinion that Social Security disability benefits claimant was disabled nor go through analysis in 20 C.F.R. § 404.1527(d), as there was competing first-hand medical evidence from other doctors who found that claimant had only mild difficulties in maintaining social functioning.
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| United States v. Carrillo-Soria, No. 05-11120 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2007, Filed
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Overview: Defendant's sentence, which was enhanced under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(ii), for a crime of violence was vacated because defendant's conviction for a simple assault under Tex. Penal Code Ann. § 22.01(a)(1) could not be considered a crime of violence for purposes of the enhancement.
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