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| Akinshina v. Gonzales, No. 04-71777,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2006, Filed
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Overview: Denial of asylum petition was affirmed. Petitioner alien could not show that substantial evidence compelled the conclusion that she suffered past persecution or had a well-founded fear of persecution on account of her Pentecostal religious beliefs.
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| Flowers v. Carville, No. 04-15679,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2006, Filed
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Overview: No reasonable jury could have found that either defendant (1) knew that plaintiff's audiotapes were not "doctored" or "selectively edited," (2) knew or ignored obvious signs that the news reports regarding audiotapes were false, or (3) intentionally or recklessly made statements that were materially different from the news reports.
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| Glass v. Barnhart, No. 04-55272,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2006, Filed
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Overview: Where Social Security disability claimant's obesity and knee problems combined to limit her ability to walk, stand for extended periods, lift, and move quickly, and ALJ's hypothetical question to vocational expert did not include all of those limitations, ALJ's finding that claimant could perform past work was not supported by substantial evidence.
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| Isham v. Barnhart, No. 04-36047,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2006, Filed
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Overview: Where a Social Security disability claimant's rigorous physical activities were inconsistent with his testimony and his wife's testimony about the symptoms the claimant suffered and were consistent with the claimant's prior work, the court affirmed a decision upholding the denial of the claimant's application for disability benefits.
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| United States v. Pajardo, No. 04-10230,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2006, Filed
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Overview: Appellate court declined to vacate defendant's sentence but granted a limited remand to determine if the district court would have imposed a different sentence if it had known that the sentencing guidelines were advisory. The district court's discretionary refusal to grant a downward departure was not reviewable.
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| Venetian Casino Resort, L.L.C. v. Exxon Mobil Corp., No. 04-15907,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2006, Filed
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| Wilson v. Dollar Tree Stores, Inc., No. 04-35642,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2006, Filed
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Overview: Intentional infliction of emotional distress claim failed because even if a jury could reasonably infer that the employer could have engaged in socially intolerable conduct, the employee presented no evidence that the employer intended or knew with substantial certainty that its conduct would cause the employee severe emotional distress.
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