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| Acceptance Ins. Co. v. Powe Timber Co., No. 06-60216,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: In a case filed under the Declaratory Judgment Act, 28 U.S.C.S. § 2201, a district court's entry of summary judgment in favor of the insurers was affirmed because the allegations in the underlying litigation did not constitute an occurrence under the terms of the insurance policies; the insurers had no duty to defend or indemnify.
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| Bacon v. EDS, No. 06-10885 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: Temporal proximity between employee's FMLA leave and her discharge was insufficient to demonstrate a causal link, as employee was not discharged during first RIF, even though she was on leave, and the mere fact that the end of the employee's leave coincided with a second RIF did not establish prima facie case for retaliation in violation of FMLA.
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| Chao v. OSHRC, No. 05-61087, Consolidated with No. 05-61089,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: An ALJ's OSHA penalty assessment against two companies for willful recordkeeping violations was vacated, and the case was remanded since the Occupational Safety and Health Review Commission could not group separately charged and proven willful offenses for the purposes of assessing a penalty.
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| Martin v. Tipton, No. 06-41177 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: Officer's interlocutory appeal from partial denial of summary judgment on qualified immunity grounds in plaintiff's § 1983 action alleging initial stop, detention, and search of vehicle violated Fourth Amendment, was dismissed because there were genuine issues of fact regarding whether reasonable officer would have suspicion of criminal activity.
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| Ruiz v. Ridge, No. 06-50607 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: In a wrongful termination case, a district court's grant of a Fed. R. Civ. P. 12(b)(1) motion was affirmed because a former federal employee had not exhausted his administrative remedies prior to filing suit, and the district court's denial of the employee's Fed. R. Civ. P. 60(b) motion to reinstate was affirmed.
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| Sangi v. Fairbanks Capital Corp, No. 06-20529 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: District court properly granted summary judgment to home seller. Home buyers failed to show that material factual disputes existed with regard to their breach of contract, fraud, and Texas Deceptive Trade Practices-Consumer Protection Act claims. Buyers could not obtain relief under Fed. R. Civ. P. 60(b)(2) given their failure to pursue discovery.
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| Sarfraz v. Gonzales, No. 05-61018 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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| Truitt v. Barnhart, No. 06-50876 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: The denial of a claim for Social Security disability insurance benefits and supplemental security benefits was affirmed since the ALJ's decision comported with the legal standards for disability determination set forth by the court under the Social Security Act and relevant regulations, and his decision was supported by substantial evidence.
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| United States v. Mayers-Carrillo, No. 05-41511 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: Defendant's 77-month sentence for violating 8 U.S.C.S. § 1326(b) was affirmed because the district court did not apply the U.S. Sentencing Guidelines as mandatory, and even if the court had done so, defendant could not show that the error affected his substantial rights.
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