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   Federal Courts - 5th Circuit Court of Appeals - January 26, 2006

  
Carbo Ceramics, Inc. v. Keefe, No. 04-20873, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Overview: On an employer's misappropriation of trade secrets claim, with no evidence of its lost profits or actual sales enjoyed by its former employee or his savings of development costs, what an investor would have paid for the secrets, or of a reasonable royalty for secrets, summary judgment denying recovery was affirmed.

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Carter v. Jeter, No. 05-10470 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Hebert v. United States, No. 05-30223 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Overview: Tribal police officers were not entitled to indemnification under 28 U.S.C.S. § 2680 of the FTCA for civil liability incurred by them out of an incident at a Tribal casino, because the officers were not employees of the Bureau of Indian Affairs or employed as federal special agents at the time of the incident and were not enforcing federal law.

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MAN Roland, Inc. v. Kreitz Motor Express, Inc., No. 04-20982, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Overview: Summary judgment in favor a carrier in an action for weather-related damage to a printing press during shipment under the Carmack Amendment, 49 U.S.C.S. § 14706(a)(1), was vacated because the carrier did not establish as a matter of law that it was free of negligence and that the damage was attributable to the shipper's act.

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Perkins v. City of Baton Rouge, No. 04-30984, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Stewart v. W. Heritage Ins. Co., No. 05-60405 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Overview: With exception of factor considering "piecemeal litigation," all Colorado River factors weighed against abstention or remained neutral. Given that court had to balance these in favor of exercise of jurisdiction, abstention was inappropriate, as facts did not overcome narrow exception to obligation of the federal court's exercise of jurisdiction.

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United States v. Johnson, No. 04-61177 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Overview: Defendant's convictions were affirmed, but his sentences were vacated, and the case was remanded because the government had not met its burden of showing harmless error by proving beyond a reasonable doubt that the district court would not have sentenced defendant differently had it acted under an advisory USSG regime.

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United States v. Santana-Alvarado, No. 04-41496 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Overview: Defendant's sentence for violating 8 U.S.C.S. § 1326 was vacated, and the case was remanded because the district court committed Fanfan error by sentencing him under a mandatory USSG regime, and the government did not show that the error was harmless.

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United States v. Williams, No. 05-40237 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Overview: Evidence was sufficient to convict defendant of possession with intent to distribute 100 kilograms or more of marijuana in violation of 21 U.S.C.S. § 841(a)(1); defendant was a passenger in a car stopped for a traffic violation in which police discovered 331 pounds of marijuana, and defendant was hesitant and defensive in response to questioning.

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Wiley v. McKellar, No. 05-40235 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2006, Filed
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Overview: Dismissal of a prisoner's § 1983 complaint for failure to exhaust administrative remedies was affirmed; under 42 U.S.C.S. § 1997e(a), the prisoner was required to exhaust his administrative remedies for all his claims, including those raised under ADA, since they involved matters of prison life.

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