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| Grice v. FMC Techs. Inc., No. 06-20509 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: Employee's Title VII race discrimination claim failed; employee filed EEOC charge of discrimination regarding failure to promote, but there was no evidence that employee had applied for and been denied a promotion prior to date of EEOC charge, and employee failed to file charge regarding later incident in which he was denied promotion he sought.
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| In re Hot-Hed Inc., No. 06-20893,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: Where a trademark holder requested attorneys' fees "as allowed by law" in its state court complaint against a competitor for Texas Business and Commerce Code trademark dilution, and trademark infringement and unfair competition under Texas common law, there was no federal question jurisdiction and the denial of a motion to remand was vacated.
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| Kundra v. United States DOJ, No. 06-20342 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: District court did not err by construing immigration detainee's mandamus petition, which asserted that IJ was biased and should have recused himself, as 28 U.S.C.S. § 2241 petition and dismissing petition for lack of jurisdiction. When detainee filed his petition he had not exhausted his administrative remedies, as required by 8 U.S.C.S. § 1252(d).
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| Lalani v. Gonzales, No. 05-61072 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: Reasonable factfinder would not be compelled to conclude that alien proved clear probability of religious persecution necessary to establish eligibility for withholding of removal. Although alien had stated that he came to U.S. because he feared for wife and daughter, wife and daughter stayed in Pakistan for several months after alien left for U.S.
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| Miranda v. Nat'l Postal Mail, No. 06-50460 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of a national union and a union local was affirmed because a union member's state law claim for breach of fiduciary duty was cognizable only as a breach of the duty of fair representation claim under the NLRA, and the district court correctly determined that the case was time-barred.
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| Olivas v. Corr. Corp. of Am., No. 06-10208 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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| Pittman v. Hood, 06-60268 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: Assuming that appellant's occupation of property for three years barred suit based on any defect with respect to 1998 sale of property for delinquent ad valorem taxes pursuant to Miss. Code Ann. § 15-1-15, because appellant was not in privity with chain of title from 1999 tax sale of property, her occupation did not affect validity of 1999 sale.
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| Ramirez v. Gonzales, No. 06-40751 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: Employee's Title VII race and national origin claims failed; employee did not show that the legitimate reason for her discharge--deficient performance--was pretext for discrimination. Even if Attorney General's perception of employee's performance was incorrect, there was no evidence that he did not perceive employee's performance as deficient.
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| Rodriguez v. Ysleta Indep. Sch. Dist., No. 06-50793 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: In a § 1983 and Fourteenth Amendment case, a district court's entry of summary judgment in favor of a former employer, a school district, was affirmed because the procedures that a former employee, a teacher, received prior to the termination of her employment contract meet the constitutional minimums for procedural due process.
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