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| Af-Cap, Inc. v. Republic of Congo, Nos. 06-50200, 06-50202 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: A company's motion to certify a question to the Texas Supreme Court was denied, and its appeal was dismissed since the appellate court had answered the precise question at issue in an appeal of an earlier case between the same parties and was bound by that earlier decision in the absence of a showing that the decision might be called into question.
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| Daigle v. McCarthy, No. 06-30844 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: Priest and church diocese were properly granted summary judgment on plaintiff's claims relating to his alleged 1955 sexual abuse because claims were prescribed on their face by La. Civ. Code Ann. art. 3492's one-year period, which began to run in 1990 after plaintiff recalled assault, and plaintiff failed to prove exception to prescription.
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| Dockum v. Wal-Mart Stores Tex., LP, No. 06-41133 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: In plaintiff's slip and fall action against a store, the district court did not abuse its discretion in denying plaintiff's Fed. R. Civ. P. 16(f) motion because his allegations against defense counsel regarding the joint discovery case management plan failed to justify the imposition of a default judgment against the store.
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| Rivera v. Salazar, No. 05-41692 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: District court partially erred in granting summary judgment in § 1983 suit. A prisoner's sworn declaration was competent summary judgment evidence. Material factual dispute existed as to whether corrections officer filed false disciplinary report. Retaliation claim against officer was not barred, even though prisoner was guilty of violating rules.
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| Shipp v. State Farm Fire Cas. Co, No. 06-10541 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: District court properly granted summary judgment to insurance companies, which denied insureds' request for defense and indemnification under homeowners and personal liability umbrella policies. Polices covered damages arising from accidents. Insureds were sued for allegedly making knowing and intentional misrepresentations when selling their home.
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| United States v. Clark, No. 06-30700 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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| United States v. Fabian, 05-20560 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: Defendant's suppression motion was properly denied. Exigent circumstances justified warrantless search of his home. Police officers had good cause to arrest co-defendant as he was attempting to get into car and leave defendant's home. Officers had reason to fear defendant would flee or destroy evidence, given noise and commotion surrounding arrest.
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| United States v. Green, No. 06-60706 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: Defendant's conviction was affirmed because even if defendant's counsel incorrectly informed him about his maximum term of imprisonment, defendant was correctly informed about his maximum term of imprisonment in his written plea agreement and at his plea hearing, and thus, defendant had not shown that his guilty plea was not knowing and voluntary.
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| United States v. Landin-Martinez, No. 05-41569 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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