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S&M BRANDS, INC.; INTERNATIONAL TOBACCO PARTNERS, LTD.,
Plaintiffs-Appellees/Cross-Appellants,
v.
ROBERT E. COOPER, JR., in his official capacity as Attorney General of the State of Tennessee,
Defendant-Appellant/Cross-Appellee.


Nos. 06-5828/5829

Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 05-00171—Thomas A. Wiseman, Jr., District Judge.
Argued: April 26, 2007
Decided and Filed: May 13, 2008
Before: KENNEDY, MOORE, and McKEAGUE, Circuit Judges.

_________________________
OPINION
_________________________

McKEAGUE, Circuit Judge. S&M Brands, Inc. and International Tobacco Partners, Ltd. (“ITP”) sued the Attorney General of the State of Tennessee in his official capacity.1 They claim that the State of Tennessee has violated federal antitrust law and the U.S. Constitution in its implementation and application of the Master Settlement Agreement (“MSA”) between various States and major tobacco manufacturers. The only claim before us in this appeal and cross-appeal is whether the Attorney General’s enforcement of an amended escrow provision has had an impermissible retroactive effect in violation of the Plaintiffs’ rights to due process.

The district court concluded that, although ITP is not a tobacco product manufacturer, it had standing to seek a release of funds from escrow. On the merits of the Plaintiffs’ due-process claim, the district court granted summary judgment in favor of the Attorney General except as to ITP’s claim for a release of escrow funds associated with cigarette sales in 2003. For the reasons set forth below, we reverse and remand to the district court with instruction to dismiss the case without prejudice on grounds of sovereign immunity.


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MORGAN UKPABI,
Petitioner,
v.
MICHAEL B. MUKASEY, Attorney General,
Respondent.


No. 06-4028

On Petition for Review from the
Board of Immigration Appeals.
No. A79 334 237.
Argued: March 13, 2008
Decided and Filed: April 17, 2008
Before: CLAY and McKEAGUE, Circuit Judges; BOYKO, District Judge.

_________________________
OPINION
_________________________

BOYKO, District Judge. Petitioner, Morgan Ukpabi, seeks review of an order of removal, issued following the denial by the Immigration Judge (“IJ”) of Petitioner’s request for a continuance to await the outcome of a second Visa Petition (“Form I-130") filed by Petitioner’s third wife. The Board of Immigration Appeals (“BIA”) adopted and affirmed the IJ’s decision. Petitioner appeals the IJ’s denial of his motion for a continuance and the BIA’s summary affirmance.

The appeal is not well-taken. Petitioner has failed to demonstrate the IJ abused her discretion or that her decision violated either the Due Process Clause of the United States Constitution or international law. Accordingly, we AFFIRM.


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UNITED STATES OF AMERICA, ex rel. CLAUDIA MARLAR; and CLAUDIA MARLAR,
Plaintiffs-Appellants,
v.
BWXT Y-12, L.L.C.,
Defendant-Appellee.


No. 07-6051

Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
No. 04-00415—Thomas A. Varlan, District Judge.
Argued: May 1, 2008
Decided and Filed: May 13, 2008
Before: KENNEDY and MARTIN, Circuit Judges; HOOD, District Judge.

_________________________
OPINION
_________________________

KENNEDY, Circuit Judge. Ms. Claudia Marlar filed this action against her former employer, BWXT Y-12, L.L.C. (“BWXT”), alleging that it had violated the False Claims Act (“FCA”) by defrauding the United States government, in violation of 31 U.S.C. § 3729(a)(1)-(3), and by discharging her in retaliation for whistleblowing, in violation of 31 U.S.C. § 3730(h). The district court held that Ms. Marlar’s claim of fraud was not pleaded with specificity, and therefore her cause of action was dismissed for failure to comply with Federal Rule of Civil Procedure 9(b). The district court also held that Ms. Marlar failed to allege the elements necessary to establish a cause of action for retaliation, and therefore dismissed her complaint for failure to comply with Federal Rule of Civil Procedure 8(a). Ms. Marlar claims that both determinations are in error. We find that the district court properly dismissed Ms. Marlar’s fraud complaint, as Ms. Marlar failed to identify a single false claim and did not establish the specifics of the alleged fraud. We find, however, that Ms. Marlar adequately pleaded a cause of action for retaliation. We therefore affirm in part and reverse in part the district court’s decision, and we remand for further proceedings consistent with this opinion.