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| Blase Indus. Corp. v. Anorad Corp., No. 04-21015,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: Summary judgment entered for corporation in consulting firm's suit was affirmed; firm could not show to reasonable certainty that it lost profits due to corporation's breach of no-hire agreement, as consultant that corporation hired could have left firm at any time during period in which corporation agreed to refrain from hiring firm's consultants.
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| Brewer v. Dretke, No 04-70034,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: Where there was not one iota of evidence that suggested either that the inmate's mental condition was permanent or that he experienced cognitive limitations of any sort as the result of it, the district court erred in granting the death row inmate's petition for a writ of habeas corpus pursuant to 28 U.S.C.S. § 2254.
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| Burney v. Odyssey, No. 05-10154,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: Assignee could not enforce against insurer his agreed-upon judgment with the assignor, where a judgment entered in favor of assignee was vacated and after the new trial began, the assignee and assignor entered into a settlement agreement reinstating the judgment; there had been no fully adversarial trial since vacation of the judgment.
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| Can-Am Int'l, LLC v. Republic of Trinidad & Tobago, No. 05-20007,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: The waiver of immunity exception under the Foreign Sovereign Immunity Act, 28 U.S.C.S. § 1602 et seq., did not apply to give the district court jurisdiction over a foreign country and one of its public bodies because the document containing the waiver of immunity clause was conditional, and the condition never occurred.
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| Nelson v. Dretke, No. 02-11096,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: Inmate sentenced to death was not entitled to habeas relief based on the argument that the penalty phase instructions did not provide the jury with an adequate vehicle to consider his mitigating evidence under the Eighth Amendment, because, inter alia, the jury was able to give mitigating effect to the borderline personality disorder evidence.
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| Ralidis v. United States, No. 05-50383 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: The district court's grant of summary judgment in favor of the United States, the IRS, and an individual was affirmed, and the appellate court imposed sanctions on the pro se taxpayer pursuant to Fed. R. App. P. 38 because the appeal recycled the same tired arguments that the taxpayer advanced below. The appeal was frivolous.
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| Rex v. Chumley, No. 04-21027,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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| Smith v. United States Bureau of Prisons, No. 04-41210 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: A district court's dismissal of a pro se inmate's FTCA complaint against the BOP was affirmed because the acts of the BOP's staff members were at least remotely related to their official duties, which was sufficient to entitle the United States to immunity.
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| Squair v. Gonzalez, No. 04-60745 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: Aliens did not show persecution or well-founded fear of persecution, as required for obtaining asylum. Aliens' evidence of verbal harassment did not rise to the level of persecution; neither did evidence of persecution of white farmers establish that aliens, who were not farmers, had been persecuted or had well-founded fear of future persecution.
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