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| Azhdaroldini v. Gonzales, No. 06-60612 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 7, 2007, Filed
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Overview: A petition for review appealing the BIA's denial of an alien's motion to reopen an in absentia removal proceeding was denied because, inter alia, it was not improper for the BIA to simply adopt the immigration judge's decision denying her motion to reopen without making its own independent judgment regarding the merits.
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| Chambers Med. Found. v. Petrie, No. 06-30869 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 7, 2007, Filed
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Overview: A district court's denial of an estate's motion to intervene was affirmed because the estate did not make the showing necessary for an intervention of right by showing a direct, substantial, and legally protectable interest, and it did not make the showing necessary for permissive intervention or to reverse the denial for permissive intervention.
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| Greene v. Fontenot, m 06-31047 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 7, 2007, Filed
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| Mitchell v. Cont'l Airlines, Inc., No. 05-20791,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 7, 2007, Filed
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Overview: Airline attendants who unsuccessfully grieved employer's adjustment of seniority status without their knowledge lacked standing to seek judicial review; CBA formed under Railway Labor Act, 45 U.S.C.S. § 151 et seq., established a mandatory binding grievance procedure that vested the union with exclusive right to pursue claims on behalf of members.
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| Pequeno v. Schmidt (In re Pequeno), No. 05-41309 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 7, 2007, Filed
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Overview: A district court's determination that it lacked jurisdiction to reinstate a debtor's bankruptcy appeal after the debtor had filed a notice of appeal and a Fed. R. Civ. P. 59(e) motion was reversed because the district court was incorrect; the case was remanded to afford the debtor an opportunity to pay the filing fee.
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| Pequeno v. Schmidt (In re Pequeno), No. 05-41309 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 7, 2007, Filed
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Overview: Because the debtor timely filed a Fed. R. Civ. P. 59 motion, Fed. R. App. P. 4(a)(4)(B)(i) suspended the effect of his previously filed notice of appeal, thus, the district court erred in ruling that the a prior notice of appeal deprived the district court of jurisdiction to reinstate the debtor's bankruptcy appeal.
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| Rico v. Flores, No. 05-41719,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 7, 2007, Filed
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Overview: In 28 U.S.C.S. § 1292(b) certified appeal of a district court's denial of a remand of a wrongful death suit by estates of deceased illegal immigrants who died after being smuggled into U.S. by railroad car, appeals court reversed, as Texas unlawful acts rule did not clearly bar recovery against non-diverse smugglers, who were not improperly joined.
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| Travis v. Potter, NO. 06-30653,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 7, 2007, Filed
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Overview: District court properly entered summary judgment against a postal service employee in employment discrimination suit. His Rehabilitation Act of 1973 claims failed because, even assuming that employee was disabled, alleged discriminatory actions began before he became disabled. No adverse actions were taken against him after he filed EEOC complaint.
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| United States v. Acosta-Ceniceros, No. 06-51289 Conference Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 7, 2007, Filed
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