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   Federal Courts - 5th Circuit Court of Appeals - February 13, 2007

  
Smith v. Stonebridge Life Ins. Co, No. 06-40668, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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Overview: A district court's award to a personal representative was reversed, and the case was remanded because the all terrain vehicle at issue was not a private passenger automobile within the meaning of the insurance policy. The district court properly dismissed the representative's state law claims since there was no coverage under the policy.

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Smocks v. United States Marshal, No. 05-41802 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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Sullivan v. Univ. of Tex. Health Sci. Ctr. at Houston Dental Branch, No. 05-21050, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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Overview: Dismissal of ADEA suit as barred by the Eleventh Amendment was affirmed because Congress has not abrogated Eleventh Amendment immunity from ADEA claims, and the state had not voluntarily waived its immunity. Furthermore, the state's general acceptance of federal funding did not waive its Eleventh Amendment immunity from discrimination suits.

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Taylor v. Crawford, No. 06-60003 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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United States v. Alaniz, No. 06-40021 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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United States v. Alonso, No. 06-41079 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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United States v. Amador-Flores, No. 04-21009 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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United States v. Araujo-Avila, No. 05-51596 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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United States v. Austin, No. 05-30602, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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Overview: Defendant convicted of Medicare fraud was not entitled to a reduction in sentence based on repayments he had made and assets he pledged as security for future repayments as of his sentencing date; under USSG § 2B1.1, cmt., application n. 3(E)(i) (2004), assets pledged as security for repayment after the offense was discovered could not be credited.

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United States v. Beaulieu, No. 06-30011, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2007, Filed
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