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   Federal Courts - 5th Circuit Court of Appeals - February 27, 2007

  
Apache Bohai Corp. LDC v. Texaco China Bv, No 05-20413, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2007, Filed
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Overview: An arbitrator did not exceed his powers under 9 U.S.C.S. § 10(a)(4) by invalidating an exculpatory clause in an farm-in agreement executed by an oil company and two drilling companies because the agreement's arbitration clause was broadly-worded to cover "all disputes" including those arguably falling within the ambit of the exculpatory clause.

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Lemaire v. Louisiana, No. 05-31134, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2007, Filed
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Overview: The grant of summary judgment to the employer on the Title VII sexual harassment claim was reversed because the only argument raised in the employer's motion was to simply deny that the foreman made the allegedly offensive comments and include affidavits from other employees stating that the foreman never made inappropriate remarks to them.

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Pollak v. Homeside Lending, Inc. (In re Pollak), m 06-20673 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2007, Filed
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United States v. Landry, No. 06-30618 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2007, Filed
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United States v. Mata, No. 06-50486 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2007, Filed
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Overview: Defendant's sentence for violating 21 U.S.C.S. §§ 841(a)(1) and 860 and 18 U.S.C.S. §§ 924(c)(1) and 922(g)(1) and (g)(3) was affirmed since the U.S. Sentencing Guidelines Manual § 4B1.1 enhancement, based on judicially determined facts, was not erroneous, and his sentence fell within the properly calculated USSG range.

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Zills v. Barnhart, No. 06-30877 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2007, Filed
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