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| Mehdi v. Gonzales, No. 05-61077 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 6, 2007, Filed
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Overview: An alien's petition for review was denied because the Notice to Appear and the Notice of Hearing, when combined, provided the alien with actual notice of his hearing, and an IJ did consider the Pakistan Country Report in finding that the alien would not be in any more danger today than when he lived in Pakistan unharmed.
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| SEC v. Res. Dev. Int'l LLC, No. 06-10270 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 6, 2007, Filed
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Overview: In an SEC enforcement action, a district court did not abuse its discretion in denying appellant's motion to purge himself of contempt where the evidence showed that appellant failed to obey the district court's order to turn over assets to a receiver and that it was not impossible for appellant to obey the order because the assets existed.
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| SLC Land & Cattle v. USDA, No. 06-20628 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 6, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of the USDA and the Farm Services Agency was affirmed because a land company and a trust did not point to any additional evidence or legal arguments that they would have introduced had the district court fully complied with 10-day notice period in Fed. R. Civ. P. 56(c).
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| Taylor v. Christus St. Joseph Health Sys., No. 06-40775 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 6, 2007, Filed
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Overview: A district court's Fed. R. Civ. P. 12(b)(6) dismissal with prejudice of a doctor's Sherman Act claims was affirmed because the amended complaint only showed harm to the doctor arising from his removal to practice at a hospital due to an alleged conspiracy; it did not show harm to competition as required by the Sherman Act.
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| United States v. Martinez-Rosas, No. 06-40483 consolidated w/ 06-40530,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 6, 2007, Filed
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Overview: Defendant's conviction for violating 8 U.S.C.S. § 1326 was affirmed as the district court did not commit plain error by admitting evidence of defendant's prior conviction pursuant to Fed. R. Evid. 404(b) to prove defendant's knowledge and absence of mistake. Revocation of defendant's supervised release based on his present conviction was affirmed.
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| Welborn v. State Farm Mut. Auto. Ins. Co., No. 06-60338 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 6, 2007, Filed
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Overview: A district court's award of $10,000 to the insured was reversed, and judgment was ordered to be entered against the insurer in the amount of $ 5,000 because the insurer only owed the insured $ 5,000 of Uninsured Motor Vehicle coverage because of a prior payment to the insured under her Medical Payment coverage.
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| Welborn v. State Farm Mut. Auto. Ins. Co., No. 06-60338 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 6, 2007, Filed
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Overview: Vehicle insurance provision stating that no insured for whom medical expenses were payable could recover more than once for the same medical expense was not an attempt to reduce the minimum amount of UM coverage, and thus, provision prevented an insured from recovering double medical expenses under the UM and medical payment coverage provisions.
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| Yazdchi v. Am. Honda Fin. Corp, No. 05-10479,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 6, 2007, Filed
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Overview: Dismissal of plaintiffs' complaint as a sanction under Fed. R. Civ. P. 37 was affirmed because while plaintiffs' excuse of inexperience with the legal system could arguably explain their initial failure to provide adequate responses to the discovery requests, the willfulness of their actions was evidenced by their continued failure to comply.
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