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   Federal Courts - 5th Circuit Court of Appeals - February 14, 2007

  
Brown v. Brown & Williamson Tobacco Corp., No. 06-30130, No. 06-30311, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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Overview: A district court's denial of two tobacco companies' motion for summary judgment as to the smokers' state law claims for redhibition, breach of express and implied warranties, and fraud was reversed, and the case was remanded because the claims were preempted by the Federal Cigarette Labeling and Advertising Act.

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Feliz-Cruz v. Gonzales, No. 06-60327 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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Green v. Quarterman, No. 06-40817 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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Keele v. JP Morgan Chase Long Term Disability Plan, No. 05-20979, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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Overview: ERISA plan administrator did not abuse its discretion in denying long-term disability benefits to claimant; even if administrator acted improperly in not considering new documents claimant submitted 18 months after her administrative appeal was denied, the documents did not establish that she was disabled and showed that she could return to work.

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Maknojia v. Gonzales, No. 05-60916 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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Overview: An alien's petition for review was denied because he did not show that substantial evidence compelled a finding that he had suffered past persecution or would more than likely suffer persecution or torture if he was returned to Pakistan.

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Martin v. Sanderson Farms, Inc. (In re Martin), No. 05-50440, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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Overview: Debtors' appeals could not be reviewed to the extent that debtors did not include the issues in a separate statement, did not raise the issues originally with the bankruptcy court, and to the extent that an appeal was not timely, pursuant to Fed. R. Bankr. P. 8002. Approval of the offer to compromise was not an abuse of discretion.

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Muhammad v. Dallas County Cmty. Supervision & Corr. Dep't, No. 05-10580, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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Overview: The dismissal of a probation officer's Title VII action was reversed and remanded so the district court could make further factual findings about the nature and circumstances of the officer's position as a probation officer and consider whether Dallas County Community Supervision and Corrections Department was his employer for Title VII purposes.

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Sonnier v. Francis, No. 06-20112 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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Overview: A district court's dismissal of a pro se federal inmate's 28 U.S.C.S. § 2241 petition was affirmed because it did not err in finding that application of 28 C.F.R. § 570.21 did not violate the Ex Post Facto Clause or the Equal Protection Clause.

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United States v. Alonso, No. 05-10792 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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United States v. Alonso-Martinez, No. 06-41150 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 14, 2007, Filed
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