2012 Eighth Circuit U.S. Court of Appeals Case Law

Opinions 1 - 500 of 1245

M.M., et al v. Dist 0001 Lancaster Co. School
Date: December 28, 2012
Docket Number: 11-3774

Justia Opinion Summary: Plaintiffs alleged that their autistic son was not provided a free appropriate public education (FAPE) by the school district as required by the Individuals with Disabilities Act (IDEA), 20 U.S.C. 1400 et seq. The court...

United States v. Allmon, Sr.
Date: December 28, 2012
Docket Number: 12-1271

Justia Opinion Summary: Defendant appealed the district court's order modifying his communication restriction imposed pursuant to 18 U.S.C. 3582(d). Section 3582(d) required a motion by the Director of the Bureau of Prisons or a United States a...

Jerry Champion v. Wendy Kelley
Date: December 26, 2012
Docket Number: 12-1419

Dairy Farmers of America v. Bassett & Walker International
Date: December 26, 2012
Docket Number: 12-1723

Justia Opinion Summary: DFA, a Kansas cooperative, sued Bassett, an international commodities broker and a Canadian corporation, for failure to pay. The district court dismissed the suit for lack of personal jurisdiction. Bassett did not transa...

United States v. Levi Smith
Date: December 21, 2012
Docket Number: 10-3579

United States v. James Bruguier
Date: December 21, 2012
Docket Number: 11-3634

United States v. Grimes
Date: December 21, 2012
Docket Number: 11-3702

Justia Opinion Summary: Plaintiff appealed his conviction and sentence for 19 counts based on stalking and his use of the mails and telephone for threatening and harassing communications. Because the court concluded that "the court in which suc...

United States v. Erick Russell
Date: December 21, 2012
Docket Number: 12-1130

Robert Carr v. Anheuser-Busch Co.
Date: December 21, 2012
Docket Number: 12-1224

United States v. Antoine Brown
Date: December 21, 2012
Docket Number: 12-1282

United States v. Ernestina Gonzalez-Lemus
Date: December 21, 2012
Docket Number: 12-1815

Alvin Kangas v. Amy Kieffer
Date: December 21, 2012
Docket Number: 12-2248

United States v. Lavell Williams
Date: December 21, 2012
Docket Number: 12-2283

Edward Clemmons v. City of Kansas City, Missouri
Date: December 21, 2012
Docket Number: 12-2959

United States v. Young
Date: December 20, 2012
Docket Number: 11-3216

Justia Opinion Summary: Defendant was convicted of four counts of bank robbery and sentenced on each to concurrent 220 month terms. Defendant appealed his conviction and sentence. The court affirmed and held that the district court did not err...

United States v. Akiti
Date: December 20, 2012
Docket Number: 11-3399

Justia Opinion Summary: Defendant was found guilty of one count of aiding and abetting the armed robbery of a credit union and one count of obstruction of justice. Defendant appealed his conviction. The court held that the evidence was sufficie...

United States v. Bugh
Date: December 20, 2012
Docket Number: 11-3691

Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm and sentenced to 188 months imprisonment as an armed career criminal. The court affirmed and held that the evidence supported the jury's rejection of de...

William Irving v. Larry Crawford
Date: December 20, 2012
Docket Number: 12-2034

Bank of Nebraska v. Rose
Date: December 20, 2012
Docket Number: 12-6046

Justia Opinion Summary: Debtor appealed the judgment of the bankruptcy court determining that the debt he owed to the Bank was excepted from discharge under 11 U.S.C. 523(a)(2)(B) and denying any recovery on debtor's counterclaim. Debtor raised...

United States v. Engelmann
Date: December 19, 2012
Docket Number: 12-1343

Justia Opinion Summary: Defendant was found guilty of conspiracy to commit bank and wire fraud and wire fraud. Defendant appealed his conviction and sentence. The court vacated the district court's denial of defendant's motion for a new trial w...

United States v. Frederick Reeves
Date: December 18, 2012
Docket Number: 12-1787

Jacks v. Meridian Resource Co., et al
Date: December 17, 2012
Docket Number: 11-3037

Justia Opinion Summary: This case principally involved challenges to the application, in Missouri, of the provision of the Plan administered by BCBS-KC that required a Plan enrollee who received benefits in connection with any injury in additio...

Russell, et al v. Whirlpool Corp.
Date: December 17, 2012
Docket Number: 12-1451

Justia Opinion Summary: Plaintiffs filed suit against Whirlpool after a fire destroyed their home, alleging that the fire was caused by a defective refrigerator Whirlpool designed, manufactured, and sold. Whirlpool appealed the jury's finding i...

United States v. Montgomery
Date: December 17, 2012
Docket Number: 12-1613

Justia Opinion Summary: Defendant was charged with being a felon in possession of a firearm and sentenced to 188 months imprisonment. Defendant challenged his conviction and sentence. Viewing the evidence in the light most favorable to the verd...

Super Wings Int'l v. J Lloyd Int'l, Inc.
Date: December 17, 2012
Docket Number: 12-1717

Justia Opinion Summary: Super Wings sued defendant for failing to pay on a promissory note and defendant asserted that he did not have to pay because Super Wings had breached an agreement it had with defendant's company, JLI. JLI intervened. Th...

Derrick Howard v. Bank of America
Date: December 14, 2012
Docket Number: 11-2296

Cochran v. Dormire, et al
Date: December 14, 2012
Docket Number: 11-3765

Justia Opinion Summary: Defendant appealed the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. 2254. The court agreed with the district court that the failure of defendant's trial counsel to object to an offi...

United States v. Marcelino Vargas
Date: December 14, 2012
Docket Number: 12-1972

United States v. Rouillard
Date: December 13, 2012
Docket Number: 11-3039

Justia Opinion Summary: Defendant was convicted of knowingly engaging in a sexual act with the victim when she was incapable of appraising the nature of the conduct and physically incapable of declining participation in that sexual act. On appe...

United States v. Bruguier
Date: December 13, 2012
Docket Number: 11-3634

Justia Opinion Summary: Defendant was convicted of sexual abuse of an incapacitated person, sexual abuse of a minor, aggravated sexual abuse, and burglary. On appeal, defendant challenged his conviction. The court concluded that the jury instru...

United States v. Stegmeier
Date: December 13, 2012
Docket Number: 11-3776

Justia Opinion Summary: Defendant was convicted of harboring a fugitive and providing a firearm to a prohibited person after allowing a felon to stay in his recreational vehicle. On appeal, defendant challenged his conviction. The court held th...

La v. Holder, Jr.
Date: December 13, 2012
Docket Number: 12-1107

Justia Opinion Summary: Petitioner, a Cambodian citizen, petitioned for review of the BIA's order denying her claims for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner requested asylum based up...

United States v. Petrovic
Date: December 13, 2012
Docket Number: 12-1427

Justia Opinion Summary: Defendant was convicted of four counts of interstate stalking and two counts of interstate extortionate threat. On appeal, defendant challenged his convictions and sentence. The court held that the interstate stalking st...

Richard Bower v. Marie Austin
Date: December 13, 2012
Docket Number: 12-1678

United States v. Robert Page
Date: December 12, 2012
Docket Number: 12-1614

United States v. Joel Witt
Date: December 12, 2012
Docket Number: 12-1635

United States v. Radames Rivera
Date: December 12, 2012
Docket Number: 12-1642

Jeannie Ball v. St. Louis County
Date: December 12, 2012
Docket Number: 12-1755

United States v. Tyerman
Date: December 12, 2012
Docket Number: 12-2026

Justia Opinion Summary: Defendant was convicted of being a felon in possession of ammunition and a firearm, and being a felon in possession of a stolen firearm. Defendant appealed his conviction and sentence. The court held that defendant's Six...

United States v. Justin Birdhorse
Date: December 12, 2012
Docket Number: 12-2057

Justia Opinion Summary: Defendant pled guilty to rape and his plea agreement stated that the government would recommend a reduction in his offense level if he accepted responsibility for his crime during his presentence interview. On appeal, th...

United States v. Cotter
Date: December 12, 2012
Docket Number: 12-2264

Justia Opinion Summary: Defendant was convicted of one count of being a felon in possession of a firearm based on evidence police officers obtained following a pat-down search outside a home. On appeal, defendant argued that the district court...

Sung Chan v. Eric H. Holder, Jr.
Date: December 11, 2012
Docket Number: 11-3641

Painters Dist. Council No. 2 v. Anthony's Painting
Date: December 11, 2012
Docket Number: 11-3661

Michael Connoy v. U.S. Bank, N.A.
Date: December 11, 2012
Docket Number: 12-1002

United States v. Terry Campie
Date: December 11, 2012
Docket Number: 12-1102

Bituminous Casualty Corp, v. United HRB General Contractors
Date: December 11, 2012
Docket Number: 12-1136

United States v. Jones
Date: December 11, 2012
Docket Number: 12-1344

Justia Opinion Summary: Defendant pled guilty to interference with interstate commerce through robbery by threats or violence; brandishing a firearm in furtherance of a crime of violence; felon in possession of a firearm; and escape from federa...

United States v. Green
Date: December 11, 2012
Docket Number: 12-1442

Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm. On appeal, defendant alleged that the district court erred in allowing a trial witness to be advised by an attorney who had previously represented defe...

Ida Pettus v. Elbert Harvey
Date: December 11, 2012
Docket Number: 12-2067

United States v. Grauer
Date: December 10, 2012
Docket Number: 11-3852

Justia Opinion Summary: Defendant was convicted of attempted enticement of a minor to engage in illicit sexual activity and possession of child pornography. Defendant appealed his conviction and sentence. The court affirmed and held that there...

United States v. Jasso
Date: December 10, 2012
Docket Number: 12-1158

Justia Opinion Summary: Defendant was convicted of conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. Defendant appealed the convictions, challenging two of the district court's evidentiary rul...

Eugene Makupa v. Eric H. Holder, Jr.
Date: December 10, 2012
Docket Number: 12-1636

Dolandon Mack v. Tim Dillon
Date: December 10, 2012
Docket Number: 12-1762

Gui Sheng Li v. Eric H. Holder, Jr.
Date: December 10, 2012
Docket Number: 12-2236

United States v. Mann
Date: December 6, 2012
Docket Number: 11-1500

Justia Opinion Summary: Defendant was convicted by a jury of conspiring to use and aiding and abetting the use of a weapon of mass destruction, causing the damage or destruction of a vehicle by means of an explosive resulting in personal injury...

United States v. Randeep Mann
Date: December 6, 2012
Docket Number: 11-2187

United States v. Quentin Jetton
Date: December 6, 2012
Docket Number: 12-1621

Curtis L. Nelson v. American Home Assurance Co.
Date: December 6, 2012
Docket Number: 12-1638

United States v. Gamboa
Date: December 5, 2012
Docket Number: 12-1265

Justia Opinion Summary: Defendant pled guilty to one count of conspiring to distribute methamphetamine and the district court sentenced her to 120 months' imprisonment. The court held that the district court did not clearly err in finding defen...

Curtis Nessan v. John Lovald
Date: December 5, 2012
Docket Number: 12-1733

Milhauser v. Minco Products, Inc.
Date: December 5, 2012
Docket Number: 12-1756

Justia Opinion Summary: After plaintiff's employment was terminated by Minco as part of a reduction in force, he brought this action under the Uniformed Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301 et seq. The court concluded...

Robert Philpott v. Lt. Weaver
Date: December 5, 2012
Docket Number: 12-1998

Tracy Green v. Michael J. Astrue
Date: December 5, 2012
Docket Number: 12-2032

United States v. Eldridge Sumlin
Date: December 4, 2012
Docket Number: 11-1356

United States v. Marcella Scharton
Date: December 4, 2012
Docket Number: 12-1517

United States v. Farnell
Date: December 4, 2012
Docket Number: 12-1655

Justia Opinion Summary: Defendant moved to suppress evidence, claiming that the stop and search of his vehicle violated his Fourth Amendment rights. The court affirmed the district court's denial of defendant's motion, holding that the officer...

Eric Williams v. Judith Bearden
Date: December 4, 2012
Docket Number: 12-1793

United States v. Michael Sherman
Date: December 4, 2012
Docket Number: 12-2847

United States v. Orozco
Date: December 3, 2012
Docket Number: 12-1170

Justia Opinion Summary: Defendant was convicted of two counts of possessing cocaine with intent to deliver. On appeal, defendant argued that evidence discovered in a vehicle search should have been suppressed and that there was insufficient evi...

R.K.N. v. Holder, Jr.
Date: December 3, 2012
Docket Number: 12-1260

Justia Opinion Summary: Petitioner, a native of Kenya, petitioned for review of the BIA's decision denying him asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because the BIA specifically incorporated...

Sutton v. Bailey, et al
Date: December 3, 2012
Docket Number: 12-1276

Justia Opinion Summary: Plaintiff commenced this lawsuit after he was terminated from his employment at Arkansas State University, asserting procedural due process claims under 42 U.S.C. 1983 against the Vice-Chancellor and Director-of-Instruct...

Thomas Brydon v. United States
Date: December 3, 2012
Docket Number: 12-1429

Johnson v. MFA Petroleum Co., et al
Date: December 3, 2012
Docket Number: 12-1464

Justia Opinion Summary: Plaintiff, on behalf of an asserted class, brought this action in state court against MFA, Casey's General Stores, and Quicktrip Corporation (the operators) under the Missouri Merchandising Practices Act, Mo. Rev. Stat....

United States v. Milton Ringgenberg
Date: December 3, 2012
Docket Number: 12-1836

United States v. Michael Toal
Date: December 3, 2012
Docket Number: 12-2031

United States v. Jeremy Nebeker
Date: December 3, 2012
Docket Number: 12-2279

David Christian v. Lt David Wagner
Date: December 3, 2012
Docket Number: 12-2461

Velde v. Border State Bank
Date: December 3, 2012
Docket Number: 12-6033

Justia Opinion Summary: This was a preference action under 11 U.S.C. 547 by the Chapter 7 trustee to recover a payoff payment to Border State Bank from proceeds of debtor's liquidation sale. The bankruptcy court denied the Bank's motion for sum...

David G. Velde v. Border State Bank
Date: December 3, 2012
Docket Number: 12-6035

Schedin v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.
Date: November 30, 2012
Docket Number: 11-3117

Justia Opinion Summary: Plaintiff sued OMJP and others for failing to warn adequately of the risk of tendon rupture in patients who, like plaintiff, were elderly and taking concomitant corticosteroids. A jury found OMJP primarily liable, awardi...

Westfield Ins. Co. v. Robinson Outdoors, Inc.
Date: November 30, 2012
Docket Number: 11-3804

Justia Opinion Summary: Robinson marketed and sold camouflage products that, according to Robinson, would eliminate human scent so that wild game, with their acute sense of smell, would not be able to detect a hunter's presence. Consumers who h...

Garcia-Colindres, et al v. Holder, Jr.
Date: November 30, 2012
Docket Number: 12-1117

Justia Opinion Summary: Petitioner, a native of Guatemala, sought review of the BIA's order affirming an IJ's denial of his application for asylum and withholding of removal. The court was presented with a complete absence of evidence as to the...

United States v. Bailey
Date: November 30, 2012
Docket Number: 12-1192

Justia Opinion Summary: Minneapolis police arrested defendant in 2003 and seized several items of his property. After his conviction and the disposition of his appeals, defendant moved under Rule 41 of the Federal Rules of Criminal Procedure to...

Daniel Soto-Roque v. Eric H. Holder, Jr.
Date: November 30, 2012
Docket Number: 12-1206

United States v. Jacobo
Date: November 30, 2012
Docket Number: 12-1424

Justia Opinion Summary: Defendant pleaded guilty to failure to appear at a change of plea hearing in a drug trafficking case. The court affirmed the district court's application of a nine-level increase to defendant's offense level, pursuant to...

Harry Katz v. United States
Date: November 30, 2012
Docket Number: 12-1485

United States v. Glorisha Santos
Date: November 30, 2012
Docket Number: 12-1710

United States v. Jeffrey Schultz
Date: November 30, 2012
Docket Number: 12-2154

Samuel Taylor v. Unknown Bailey
Date: November 30, 2012
Docket Number: 12-2691

United States v. Nhan Nguyen
Date: November 29, 2012
Docket Number: 11-3517

United States v. Carolina Hernandez-Madrid
Date: November 29, 2012
Docket Number: 12-1784

United States v. Tecoy Jones
Date: November 29, 2012
Docket Number: 12-1885

United States v. Arles Velasquez
Date: November 29, 2012
Docket Number: 12-1904

United States v. Adrian Almonte
Date: November 29, 2012
Docket Number: 12-1911

United States v. Lawrence Jenkins, Sr.
Date: November 29, 2012
Docket Number: 12-1936

Kaler v. Bala
Date: November 29, 2012
Docket Number: 12-6025

Justia Opinion Summary: Defendant was a former employee and sole stockholder of RSI Holdings. RSI Holdings was the sole stockholder of the debtor. This appeal involved a dispute over a life insurance policy where defendant's estate was listed a...

Rick D. Lange v. Mutual of Omaha Bank
Date: November 28, 2012
Docket Number: 12-1390

Erica O'Brien v. Michael J. Astrue
Date: November 27, 2012
Docket Number: 12-1776

United States v. LaRoche
Date: November 26, 2012
Docket Number: 11-3729

Justia Opinion Summary: Defendant pleaded guilty to assaulting a federal officer and was sentenced to 60 months' imprisonment. On appeal, defendant challenged his sentence, arguing that the district court erred by applying a four level increase...

United States v. Shore
Date: November 26, 2012
Docket Number: 12-1089

Justia Opinion Summary: Defendant was found guilty of six counts related to firearms and possession of controlled substances with intent to distribute. After finding that defendant was an armed career criminal under 18 U.S.C. 924(e)(1), the dis...

United States v. Boyle
Date: November 26, 2012
Docket Number: 12-1164

Justia Opinion Summary: Defendant was convicted of the sexual exploitation of a minor and attempting to sexually exploit a minor, as well as possession of materials involving the exploitation of a minor. Defendant appealed his convictions, prin...

United States v. Edgar Martin
Date: November 26, 2012
Docket Number: 12-1912

United States v. Gray
Date: November 26, 2012
Docket Number: 12-1965

Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm. On appeal, defendant challenged the judgment of the district court, arguing that the evidence of possession was insufficient to convict him. The court...

Montgomery v. Havner, et al
Date: November 26, 2012
Docket Number: 12-1977

Justia Opinion Summary: Plaintiff appealed the district court's adverse grant of summary judgment to defendants on plaintiff's claim that defendants retaliated against her in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et se...

United States v. Dempsey Word
Date: November 26, 2012
Docket Number: 12-1996

United States v. Orondee Maxwell
Date: November 26, 2012
Docket Number: 12-2075

Greater St. Louis Construction, et al v. Park-Mark, Inc.
Date: November 23, 2012
Docket Number: 11-3746

Justia Opinion Summary: The Funds brought this action to recover delinquent payments from Park-Mark under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001-1461. Park-Mark contended that it should not be liable for these delin...

Abdul Hassan v. State of Iowa
Date: November 21, 2012
Docket Number: 12-2037

United States v. Errick Racy
Date: November 20, 2012
Docket Number: 12-1229

Copeland, et al v. Fink
Date: November 20, 2012
Docket Number: 12-6034

Justia Opinion Summary: Debtors appealed from the order of the bankruptcy court confirming their amended Chapter 13 plan. At issue was whether the bankruptcy court erred when it confirmed debtors' plan that did not provide for payment of unsecu...

Maumelle Medical Clinics, Inc. v. Wal-Mart Stores Arkansas, LLC
Date: November 16, 2012
Docket Number: 12-1579

Michael Keating, Jr. v. Gene Smith
Date: November 16, 2012
Docket Number: 12-1649

Abraham v. United States
Date: November 15, 2012
Docket Number: 11-3284

Justia Opinion Summary: Petitioner pled guilty to possession with intent to distribute cocaine. On appeal, petitioner challenged the district court's denial of his motion for reconsideration, arguing that his counsel was ineffective in failing...

United States v. Demetrius Darnell Thomas
Date: November 15, 2012
Docket Number: 12-1241

Carl Turner v. Ray Hobbs
Date: November 15, 2012
Docket Number: 12-2989

United States v. Rice
Date: November 14, 2012
Docket Number: 11-3587

Justia Opinion Summary: Defendant was convicted of four counts of wire fraud based on fraudulent money transfers he made in connection with his leasing business. Defendant appealed his conviction and sentence. The court held that the district c...

United States v. Collins
Date: November 14, 2012
Docket Number: 12-1353

Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and ammunition. On appeal, defendant challenged the denial of his motion to suppress evidence discovered in a bag near where he was arrested by officer...

Stoebner v. San Diego Gas & Electric Co.
Date: November 14, 2012
Docket Number: 12-6043

Justia Opinion Summary: In consolidated appeals, defendants appealed the bankruptcy court's judgments against them under 11 U.S.C. 547(b) for payments they received from debtors in the 90 days prior to the bankruptcy petition date. The Bankrupt...

John R. Stoebner v. San Diego Gas & Electric Co.
Date: November 14, 2012
Docket Number: 12-6044

Sr. Kate Reid, et al v. Doe Run Resources Corp., et al
Date: November 13, 2012
Docket Number: 12-1065

Justia Opinion Summary: Plaintiffs, thirty-five children living near a smelting facility in Peru, alleged that environmental contamination injured them. Plaintiffs claimed that contamination was caused by the owners and operators of the facilit...

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1067

Deatley v. Mutual of Omaha Ins. Co.
Date: November 13, 2012
Docket Number: 12-1068

Justia Opinion Summary: Plaintiff appealed the district court's order granting Mutual's motion for summary judgment and denying plaintiff's motion for summary judgment on his breach of contract claim for Mutual's denial of coverage under an ins...

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1079

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1080

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1081

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1084

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1086

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1087

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1088

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1092

Sr. Kate Reid v. Doe Run Resources Corp.
Date: November 13, 2012
Docket Number: 12-1095

Argonaut Great Central Ins. Co v. Casey, et al
Date: November 13, 2012
Docket Number: 12-1221

Justia Opinion Summary: A bus owned by the Church was involved in a single-vehicle accident caused by the driver's negligence. At the time of the accident, the Church was insured by two policies issued by Argonaut, a Commercial Auto Policy (Pol...

Clinkscale v. St. Theresa of New Hope
Date: November 13, 2012
Docket Number: 12-1223

Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment in favor of her former employer on her interference claim brought under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq. The court held that th...

United States v. Jason Harriman
Date: November 9, 2012
Docket Number: 11-2177

Solomon v. U.S. Marshal Thomas, et al
Date: November 9, 2012
Docket Number: 11-3486

Justia Opinion Summary: Plaintiff brought suit against defendants, Deputy United States Marshals, amongst others, alleging retaliation for exercising his free speech rights under the First Amendment, and violations of his rights to due process...

Livers v. Schenck
Date: November 8, 2012
Docket Number: 11-1877

Justia Opinion Summary: Cousins Mathew Livers and Nicholas Sampson were arrested and jailed awaiting trial for two murders after Livers confessed to the murders and implicated Sampson as an accomplice. Later, the charges against Livers and Samp...

Matthew Livers v. Tim Dunning
Date: November 8, 2012
Docket Number: 11-1879

Matthew Livers v. Tim Dunning
Date: November 8, 2012
Docket Number: 11-1880

Matthew Livers v. Tim Dunning
Date: November 8, 2012
Docket Number: 11-1917

Matthew Livers v. Tim Dunning
Date: November 8, 2012
Docket Number: 11-1918

United States v. Longarica
Date: November 8, 2012
Docket Number: 11-3165

Justia Opinion Summary: Defendant pleaded guilty to unlawful reentry after removal following an aggravated felony conviction. On appeal, defendant challenged his sentence. The court held that defense counsel's passing reference to a four-level...

Gallagher v. City of Clayton, et al
Date: November 8, 2012
Docket Number: 11-3880

Justia Opinion Summary: Plaintiff sued the City and several city officials in their official capacities under 42 U.S.C. 1983 and 1988, challenging a city ordinance prohibiting outdoor smoking on certain public property. The court held that the...

Samuel J. Temperato Trust v. Unterreiner, et al
Date: November 8, 2012
Docket Number: 12-1138

Justia Opinion Summary: Debtors filed for bankruptcy and the Trust subsequently filed an Adversary Complaint against debtors, claiming that they owed nondischargeable debt to the Trust under 11 U.S.C. 523. The bankruptcy court granted summary j...

Murphy, et al v. Aurora Loan Services, et al
Date: November 8, 2012
Docket Number: 12-1398

Justia Opinion Summary: Plaintiffs, Minnesota homeowners, alleged that neither Aurora nor MERS were entitled to foreclose on the properties at issue and that W&G knowingly made false representations regarding Aurora's authority to foreclose. Th...

United States v. Coleman
Date: November 8, 2012
Docket Number: 12-1400

Justia Opinion Summary: Defendant conditionally pled guilty to being a felon in possession of a firearm. Defendant reserved the right to appeal the district court's denial of his motion to suppress evidence seized from his vehicle. Defendant al...

Don Maxwell/G-Doffee v. Darryl Golden
Date: November 8, 2012
Docket Number: 12-1575

Dawson Farms v. Risk Management Agency
Date: November 7, 2012
Docket Number: 11-3118

Justia Opinion Summary: Dawson Farms challenged the RMA's denial of its crop-insurance claim alleging loss due to "tuber rot" in stored potatoes. A final agency review affirmed the RMA's denial of Dawson Farms' claim, finding that the insurance...

United States v. Spencer
Date: November 7, 2012
Docket Number: 11-3463

Justia Opinion Summary: Defendant was convicted of ten counts of wire fraud and three counts of other fraud-related crimes. On appeal, defendant challenged the district court's evidentiary rulings, as well as his sentence of 125 months' impriso...

West American Ins. Co. v. RLI Ins. Co., et al
Date: November 7, 2012
Docket Number: 11-3867

Justia Opinion Summary: West commenced this diversity action to recover expenses incurred in defending Miller in a garnishment action, asserting tort claims under Missouri law against RLI for vexatious refusal to pay, bad faith refusal to pay,...

West American Insurance Co v. RLI Insurance Company
Date: November 7, 2012
Docket Number: 11-3869

Yenny Servellon v. Eric H. Holder, Jr.
Date: November 7, 2012
Docket Number: 12-1115

United States v. Aaron Young
Date: November 7, 2012
Docket Number: 12-1371

Brikova v. Holder, Jr.
Date: November 7, 2012
Docket Number: 12-1538

Justia Opinion Summary: Petitioner, a native and citizen of Moldova, petitioned for review of a final order of removal of the BIA, affirming the decision of the IJ to deny her applications for asylum, withholding of removal, and relief under th...

Flores v. Holder, Jr.
Date: November 7, 2012
Docket Number: 12-1609

Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, petitioned for review of an order of the BIA denying his applications for asylum, withholding of removal, relief under the Convention Against Torture (CAT), and cancellati...

Charles Sisson v. CIR
Date: November 7, 2012
Docket Number: 12-1696

Gabriel Cassell v. The County of Ramsey
Date: November 7, 2012
Docket Number: 12-1775

Christopher White v. Judge Jay Finch
Date: November 7, 2012
Docket Number: 12-1851

Crawford v. State of Minnesota
Date: November 7, 2012
Docket Number: 12-1878

Justia Opinion Summary: Plaintiff was convicted in state court of three counts of criminal sexual conduct for raping a thirteen year old girl. After filing postconviction motions and a habeas petition under 28 U.S.C. 2254, plaintiff discovered...

Kevin Pomerenke v. Cheryl Bird
Date: November 7, 2012
Docket Number: 12-3008

Ralph Armstrong v. Ray Hobbs
Date: November 6, 2012
Docket Number: 11-1049

Gerhardson, et al v. Gopher News Co., et al
Date: November 6, 2012
Docket Number: 11-2991

Justia Opinion Summary: Plaintiffs were unionized delivery drivers covered by a collective bargaining agreement (CBA), which established a pension plan operated by a third-party pension management firm. After a dispute arose in 2006 after the d...

Whitney v. The Guys, Inc., et al
Date: November 6, 2012
Docket Number: 11-3050

Justia Opinion Summary: Plaintiff appealed from the district court's dismissal of his declaratory judgment, contract, unjust-enrichment, tort, and shareholder claims. Applying a choice-of-law analysis, the district court dismissed the contract...

Steven Gerhardson v. Gopher News Company
Date: November 6, 2012
Docket Number: 11-3089

United States v. Jones
Date: November 6, 2012
Docket Number: 11-3830

Justia Opinion Summary: Defendant pled guilty to possession with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime. After entering his plea, defendant moved to withdraw the plea, arguing that his...

United States v. Robert Rutan
Date: November 6, 2012
Docket Number: 12-1550

United States v. Robert Rutan
Date: November 6, 2012
Docket Number: 12-1551

United States v. Robert Rutan
Date: November 6, 2012
Docket Number: 12-1552

United States v. Mark Hopkins
Date: November 6, 2012
Docket Number: 12-1988

United States v. Ronald Hearn
Date: November 6, 2012
Docket Number: 12-2270

Donald Alexander v. Boone Hospital Center
Date: November 5, 2012
Docket Number: 12-1157

United States v. Browne
Date: November 5, 2012
Docket Number: 12-1257

Justia Opinion Summary: Defendant appealed the district court's denial of his motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2). Because the written plea agreement in this case did not expressly state a Sentencing Guidelines range...

Donald Alexander v. Boone Hospital Center
Date: November 5, 2012
Docket Number: 12-1298

United States v. Darwin Zoch
Date: November 5, 2012
Docket Number: 12-1687

Jamal Gross v. Warden NFN Rios
Date: November 5, 2012
Docket Number: 12-2112

United States v. Stevon Warren
Date: November 2, 2012
Docket Number: 12-1111

United States v. Alejandro Lopez-Placencia
Date: November 2, 2012
Docket Number: 12-1296

B.A.B., et al v. The Board of Education, et al
Date: November 2, 2012
Docket Number: 12-1426

Justia Opinion Summary: Plaintiffs, a fifth grade student and his mother, commenced this action against the St. Louis Board of Education and two nurses, asserting Fourth Amendment and substantive due process claims under 42 U.S.C. 1983 and stat...

Turpen v. Rouse
Date: November 2, 2012
Docket Number: 12-6039

Justia Opinion Summary: Debtor appealed from a bankruptcy court order sustaining the trustee's Objection to Debtor's Claim of Exemptions and granting trustee's Motion to Compel Turnover. The Bankruptcy Appellate Panel affirmed the bankruptcy co...

Wanyama, et al v. Holder, Jr.
Date: November 1, 2012
Docket Number: 12-1104

Justia Opinion Summary: Petitioner, his wife, and his children petitioned for review of an order of the BIA affirming the IJ's denial of their application for asylum and rejecting their due process claim. The court affirmed the denial of the pe...

Zheng v. Holder, Jr.
Date: October 31, 2012
Docket Number: 11-3345

Justia Opinion Summary: Petitioner, a citizen of China, petitioned for review of the BIA's order affirming the IJ's denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner claimed past and...

United States v. Adonis Adolph Dorman
Date: October 31, 2012
Docket Number: 11-3410

United States v. Gerald Lebeau
Date: October 31, 2012
Docket Number: 11-3428

United States v. Miller
Date: October 31, 2012
Docket Number: 11-3701

Justia Opinion Summary: Defendant, husband and wife, were convicted of drug related charges. The court held that the evidence was sufficient to prove beyond a reasonable doubt that wife aided and abetted the distribution of methamphetamine and...

United States v. Daniel Miller
Date: October 31, 2012
Docket Number: 11-3737

Glascock v. Linn County Emergency Medicine
Date: October 31, 2012
Docket Number: 12-1311

Justia Opinion Summary: Plaintiff, a female physician of Iranian origin, brought claims under Title VII, 42 U.S.C. 2000e et seq., and the Iowa Civil Rights Act, Iowa Code ch. 216, alleging discrimination based on her sex, pregnancy, and nationa...

James Smith v. Ray Hobbs
Date: October 31, 2012
Docket Number: 12-2293

Royster v. Nichols, et al
Date: October 30, 2012
Docket Number: 10-3798

Justia Opinion Summary: Plaintiff filed an eight-count second amended complaint against a police officer; the Kansas City Board of Police Commissioners, an individual, Kona Grill, and Plaza Security, asserting a variety of federal and state cla...

United States v. Hammond
Date: October 30, 2012
Docket Number: 12-1487

Justia Opinion Summary: Defendant pleaded guilty to one count of enticement of a minor for the purpose of engaging in prohibited sexual activity and one count of enticement of a minor to engage in sexually explicit conduct for the purpose of pr...

United States v. Shawn Johnson
Date: October 30, 2012
Docket Number: 12-1553

United States v. Blas Marquez
Date: October 30, 2012
Docket Number: 12-1684

Shaffer v. Iowa Student Loan Liquidity
Date: October 30, 2012
Docket Number: 12-6010

Justia Opinion Summary: Iowa Student Loan appealed the bankruptcy court's judgment determining that the educational loan debts that debtor owed were discharged. Having reviewed de novo the bankruptcy court's conclusion that excepting debtor's s...

United States v. Custodio Garcia
Date: October 29, 2012
Docket Number: 10-3617

United States v. Osborne Henriques
Date: October 29, 2012
Docket Number: 12-1338

Lopez-Mendez v. Holder, Jr.
Date: October 29, 2012
Docket Number: 12-1510

Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, petitioned for review of the BIA's dismissal of his appeal of the IJ's denial of his application for asylum and withholding of removal, as well as his motion to reopen his r...

Gamachu Beyena v. Sunburst Transit, LLC
Date: October 29, 2012
Docket Number: 12-2398

United States v. Earl D. Dowty
Date: October 26, 2012
Docket Number: 11-2825

Buimuiwrone Tarr v. Eric H. Holder, Jr.
Date: October 26, 2012
Docket Number: 11-3316

United States v. Cook
Date: October 26, 2012
Docket Number: 12-1366

Justia Opinion Summary: Defendant was sentenced to 165 months imprisonment for drug charges and 120 months imprisonment for an assault charge to run concurrently with the sentence for the drug charge. Defendant appealed both his sentences. The...

Salehe Kaumbwa v. Eric H. Holder, Jr.
Date: October 26, 2012
Docket Number: 12-1407

United States v. David James Cook
Date: October 26, 2012
Docket Number: 12-1691

United States v. Dufresne, III
Date: October 25, 2012
Docket Number: 12-1653

Justia Opinion Summary: Defendant pled guilty to mail fraud and money laundering. On appeal, defendant challenged his sentence, claiming that the district court procedurally erred. The court affirmed, holding that the district court properly en...

Jessie Hill v. Chris Williams
Date: October 25, 2012
Docket Number: 12-2425

Eric Shields v. FedEx Kinko
Date: October 25, 2012
Docket Number: 12-2440

Anderson v. Astrue
Date: October 23, 2012
Docket Number: 11-3424

Justia Opinion Summary: Plaintiff appealed from the magistrate judge's decision affirming the Commissioner's denial of social security disability insurance benefits. The court held that, when viewing the entire record, it perceived no error in...

United States v. Bartel
Date: October 23, 2012
Docket Number: 12-1073

Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and was sentenced to 15 years in prison. The district court ruled that defendant's four prior state convictions for fleeing police in a motor vehicle c...

Denise Chapman v. Ford Motor Company
Date: October 23, 2012
Docket Number: 12-1114

United States v. Fetters
Date: October 23, 2012
Docket Number: 12-1213

Justia Opinion Summary: Defendant appealed his firearm and drug convictions, arguing that the district court erred in denying his motions for mistrial and new trial based on improper testimony and his motion for judgment of acquittal on three c...

United States v. Donald Andrews
Date: October 23, 2012
Docket Number: 12-1452

Willie Scott v. Jimmy Coleman, IV
Date: October 23, 2012
Docket Number: 12-1463

Kyle Greene v. Candee Gassman
Date: October 23, 2012
Docket Number: 12-1706

United States v. Jay Dietz
Date: October 23, 2012
Docket Number: 12-2296

Pable Murillo v. Eric H. Holder, Jr.
Date: October 22, 2012
Docket Number: 12-1191

A.J., et al v. UNUM, et al
Date: October 19, 2012
Docket Number: 11-3578

Justia Opinion Summary: Decedent, father of plaintiffs, died without naming a beneficiary of his Unum life insurance. Plaintiffs sued Unum, asserting a breach of the policy and an Employee Retirement Income Security Act, 29 U.S.C. 1002 et seq.,...

Timothy Schofield v. Roy Hopkins
Date: October 19, 2012
Docket Number: 12-2289

United States v. Grant
Date: October 18, 2012
Docket Number: 11-3665

Justia Opinion Summary: Defendant was charged with possession with intent to distribute cocaine and cocaine base. Defendant moved to suppress evidence seized during a search of his vehicle. The district court granted the motion and the governme...

Retro Television Network, Inc. v. Luken Communications LLC, et al
Date: October 17, 2012
Docket Number: 12-1287

Justia Opinion Summary: Retro Television Network appealed the district court's dismissal of its claims against appellees, Luken and Retro Television, under Rule 12(b)(6). In 2005, Equity entered into an intellectual property agreement (IPA) wit...

S.J.W., et al v. Lee's Summit R-7 School Dist., et al
Date: October 17, 2012
Docket Number: 12-1727

Justia Opinion Summary: The school district issued 180-day suspensions to twin brothers, the Wilsons, for disruption caused by a website the Wilsons created. The Wilsons filed suit against the school district alleging, among other things, that...

Retro Television Network, Inc. v. Luken Communications LLC
Date: October 17, 2012
Docket Number: 12-1838

Shirley Phelps-Roper v. City of Manchester, Missouri
Date: October 16, 2012
Docket Number: 10-3197

United States v. Herman Paige, Jr.
Date: October 16, 2012
Docket Number: 12-2063

Hill v. City of Pine Bluff, et al
Date: October 15, 2012
Docket Number: 11-2799

Justia Opinion Summary: Plaintiff filed suit against her employer, alleging discrimination and retaliation claims under 42 U.S.C. 1983; the Arkansas Equal Pay Act, Ark. Code. Ann. 11-4-601; and the Arkansas Civil Rights Act (ACRA), Ark. Code. A...

Thomas v. Smith, et al
Date: October 15, 2012
Docket Number: 11-2882

Justia Opinion Summary: Plaintiffs, wrongly convicted in 1989 for participating in the rape and murder of the victim, individually filed causes of action pursuant to 42 U.S.C. 1983 against defendants, contending that defendants violated their r...

Thomas Winslow v. Richard Smith
Date: October 15, 2012
Docket Number: 11-2883

Thomas Winslow v. Richard Smith
Date: October 15, 2012
Docket Number: 11-2884

Thomas Winslow v. Richard Smith
Date: October 15, 2012
Docket Number: 11-2903

Jennings v. United States
Date: October 15, 2012
Docket Number: 11-3127

Justia Opinion Summary: Petitioner, convicted of two counts of mail fraud and one count of money laundering, appealed the district court's denial of his motion to vacate his conviction under 28 U.S.C. 2255. Because the court found that petition...

White v. Searcey, et al
Date: October 15, 2012
Docket Number: 11-3291

Justia Opinion Summary: Plaintiff, wrongly convicted of murder and rape and imprisoned for these convictions, filed an action under 42 U.S.C. 1983 against defendants and various state entities, alleging that they violated his due process rights...

Rancho Holdings v. Tommy Stone
Date: October 15, 2012
Docket Number: 11-3789

United States v. Richard Hoskins
Date: October 15, 2012
Docket Number: 12-1155

Thomas Smalley v. Michael Astrue
Date: October 15, 2012
Docket Number: 12-1711

Matthew Jewell v. Miller County
Date: October 15, 2012
Docket Number: 12-1799

Harold Stanley v. CIR
Date: October 15, 2012
Docket Number: 12-1914

Richard Wright v. Michael J. Astrue
Date: October 12, 2012
Docket Number: 12-1198

United States v. Overbey
Date: October 12, 2012
Docket Number: 12-1227

Justia Opinion Summary: Defendant was convicted of aiding and abetting the use, carrying, and brandishing of a firearm in furtherance of an armed bank robbery, and being a felon in possession of a firearm. On appeal, defendant challenged the re...

United States v. Patrick Doyle
Date: October 12, 2012
Docket Number: 12-1316

United States v. Denny Hardin
Date: October 12, 2012
Docket Number: 12-1320

United States v. Cowan
Date: October 12, 2012
Docket Number: 12-1337

Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm. The district court found that defendant qualified for an enhanced base offense level under U.S.S.G. 2K2.1(a)(2) based on two previous felony convictions...

United States v. Lou Owens
Date: October 12, 2012
Docket Number: 12-1557

United States v. Jimmy Ly
Date: October 12, 2012
Docket Number: 12-2049

United States v. Jose Garcia
Date: October 11, 2012
Docket Number: 12-1907

Harol Beisel v. Wells Fargo Bank, N.A.
Date: October 11, 2012
Docket Number: 12-2029

Christine Lockette v. Dr. Miracle LLC
Date: October 11, 2012
Docket Number: 12-2123

U.S. Bank Nat'l Assoc. v. Lewis & Clark Apartments, et al
Date: October 11, 2012
Docket Number: 12-6023

Justia Opinion Summary: U.S. Bank appealed from an order granting the motion of debtor to value U.S. Bank's allowed secured claim pursuant to section 506(a) of the Bankruptcy Code, and valuing the claim at $3,500,000. The Bankruptcy Appellate P...

Abshire, et al v. Redland Energy Services
Date: October 10, 2012
Docket Number: 11-3380

Justia Opinion Summary: Plaintiffs, current and former employees of Redland, commenced this action alleging that Redland violated the overtime provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. 207(a)(1), by changing the designation of...

Dunn, et al v. Aamodt, et al
Date: October 10, 2012
Docket Number: 12-1402

Justia Opinion Summary: Plaintiffs, property owners of the Subdivision, filed a declaratory judgment against defendants, alleging that defendants, who also own property in the Subdivision, violated certain restrictive covenants by renting their...

United States v. Jamal Holmes
Date: October 10, 2012
Docket Number: 12-1745

United States v. David Zehringer
Date: October 10, 2012
Docket Number: 12-1747

Bahl v. County of Ramsey, et al
Date: October 9, 2012
Docket Number: 11-2869

Justia Opinion Summary: Plaintiff appealed the district court's order granting the City of St. Paul's motion for summary judgment and dismissing his disability discrimination claims brought against the City under the anti-discrimination provisi...

Douglas Cox v. Michael J. Astrue
Date: October 9, 2012
Docket Number: 12-1533

Jimmie Johnson v. T. Outlaw
Date: October 9, 2012
Docket Number: 12-1823

United States v. Timothy Sparks
Date: October 9, 2012
Docket Number: 12-1879

Williams, et al v. King
Date: October 9, 2012
Docket Number: 12-6014

Justia Opinion Summary: Frank Williams and Stephen Sherman Wyse appealed from a bankruptcy court order granting in part and denying in part Wyse's Motion to Reconsider Order of the Court Granting in part the Motion for Sanctions. The bankruptcy...

Maurice Waweru v. Eric H. Holder, Jr.
Date: October 5, 2012
Docket Number: 11-3608

Imran M.I. Shkukanee v. Eric H. Holder, Jr.
Date: October 5, 2012
Docket Number: 12-1033

Kinder, et al v. Geithner, et al
Date: October 4, 2012
Docket Number: 11-1973

Justia Opinion Summary: Plaintiffs, including Samantha Hill and Missouri Lieutenant Governor Peter Kinder, acting in his personal capacity, brought this action to challenge various provisions of the Patient Protection and Affordable Care Act, P...

Aparicio Lopez-Matul v. Eric H. Holder, Jr.
Date: October 4, 2012
Docket Number: 12-1105

C.H. Robinson Worldwide, Inc., et al v. Lobrano, Jr.
Date: October 3, 2012
Docket Number: 11-2777

Justia Opinion Summary: This dispute arose out of an employment contract between defendant and plaintiffs, his employer. After receiving a favorable judgment in a prior proceeding, defendant moved to dismiss plaintiffs' complaint in the present...

C.H. Robinson Worldwide, Inc. v. George Lobrano, Jr.
Date: October 3, 2012
Docket Number: 11-2893

Shrable v. Eaton Corp.
Date: October 3, 2012
Docket Number: 12-1404

Justia Opinion Summary: Plaintiff filed suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and state law, alleging that defendant had retal...

United States v. Justin Ray
Date: October 2, 2012
Docket Number: 11-3260

United States v. Jackson
Date: October 2, 2012
Docket Number: 11-3718

Justia Opinion Summary: Defendant, an Indian, was charged with brutally assaulting the victim in a town within the original boundaries of the Red Lake Indian Reservation. The district court denied defendant's motion to dismiss the indictment, c...

United States v. Joshua Lowe
Date: October 2, 2012
Docket Number: 12-1270

United States v. Franklin
Date: October 2, 2012
Docket Number: 12-1300

Justia Opinion Summary: Defendant was sentenced to 216 months imprisonment for possession with intent to distribute methamphetamine. On appeal, defendant claimed that the district court procedurally and substantively erred by departing upwards...

Berthel Fisher & Co., et al v. Larmon, et al
Date: October 1, 2012
Docket Number: 11-2877

Justia Opinion Summary: This case arose out of securities issued by a group of Minnesota liability companies (Geneva) and purchased by defendants (Investors) in 2007 and 2008. Plaintiff, a licensed broker-dealer and member of the Financial Indu...

Spencer Ondirsek v. Bernie Hoffman
Date: October 1, 2012
Docket Number: 11-3003

United States v. Chaika
Date: October 1, 2012
Docket Number: 11-3355

Justia Opinion Summary: Defendant was convicted of seven counts of wire fraud, two counts of mail fraud, and one count of conspiracy to commit wire fraud and mail fraud. On appeal, defendant challenged his sentence. The court held that there wa...

United States v. Dengler
Date: October 1, 2012
Docket Number: 12-1268

Justia Opinion Summary: Defendant pled guilty to charges related to his involvement in a marijuana and cocaine conspiracy. On appeal, defendant challenged his sentence. The court agreed with the district court that it was unnecessary for it to...

United States v. Douglas Biddle
Date: October 1, 2012
Docket Number: 12-1558

Knigge, et al v. SunTrust Mortgage, Inc.
Date: October 1, 2012
Docket Number: 12-6026

Justia Opinion Summary: Debtors appealed from the ruling of the bankruptcy court granting summary judgment to SunTrust and denying summary judgment to debtors, on debtors' adversary complaint that challenged SunTrust's standing to enforce a pro...

Jack Gross v. FBL Financial Group, Inc.
Date: September 28, 2012
Docket Number: 11-2593

Edin Enrique Ramirez v. Eric H. Holder, Jr.
Date: September 28, 2012
Docket Number: 12-1207

United States v. Gregory Poor
Date: September 28, 2012
Docket Number: 12-1283

United States v. Rodney Pettigrew
Date: September 28, 2012
Docket Number: 12-1370

United States v. Todd Torres
Date: September 28, 2012
Docket Number: 12-1378

United States v. Luis Alcala
Date: September 28, 2012
Docket Number: 12-1534

United States v. Ronnie Hardman
Date: September 28, 2012
Docket Number: 12-1670

United States v. Samira Zuniga
Date: September 28, 2012
Docket Number: 12-1694

United States v. Simms
Date: September 27, 2012
Docket Number: 11-3414

Justia Opinion Summary: Defendant pleaded guilty to conspiracy to distribute and possession with intent to distribute more than one kilogram of heroin. Defendant appealed his sentence, arguing that the district court committed procedural senten...

United States v. Carl Walker
Date: September 27, 2012
Docket Number: 12-1528

United States v. James Robinson
Date: September 27, 2012
Docket Number: 12-1618

United States v. Charles Crocker
Date: September 27, 2012
Docket Number: 12-1666

Sokiry Ieng v. United States
Date: September 26, 2012
Docket Number: 12-1671

Lori Irish v. N. C. English
Date: September 25, 2012
Docket Number: 11-3520

United States v. Silvia Duhart-Orea
Date: September 25, 2012
Docket Number: 12-1009

United States v. Silvia Duhart-Orea
Date: September 25, 2012
Docket Number: 12-1124

United States v. Ronald Williams
Date: September 25, 2012
Docket Number: 12-1156

United States v. Scott Schupp
Date: September 25, 2012
Docket Number: 12-1440

United States v. Mustafa
Date: September 24, 2012
Docket Number: 11-3556

Justia Opinion Summary: Defendant pleaded guilty to aiding and abetting mail fraud and was sentenced to 120 months' imprisonment. Defendant appealed his sentence, arguing that the district court erred by applying a preponderance of the evidence...

United States v. Mark Oxley
Date: September 24, 2012
Docket Number: 12-1679

Shelton, et al v. CitiMortgage, Inc.
Date: September 24, 2012
Docket Number: 12-6040

Justia Opinion Summary: Debtors appealed the bankruptcy court's order granting CitiMortgage's motion to dismiss debtors' adversary proceeding seeking the avoidance of CitiMortgage's lien on debtors' residence. The court concluded that a secured...

New Millennium Consulting, et al v. United Healthcare Services
Date: September 21, 2012
Docket Number: 11-2541

Justia Opinion Summary: United HealthCare hired Chimes, a centralized vendor management company, to assist it with the procurement and management of contingent workers. Chimes entered into supplier contracts with New Millennium and Pacific Mana...

Abdul-Rahim, et al v. LaBarge
Date: September 21, 2012
Docket Number: 12-6037

Justia Opinion Summary: The bankruptcy court denied debtors a claimed exemption in an unliquidated personal injury claim. On appeal, debtors argued that the Eighth Circuit precedent relied upon by the bankruptcy court was erroneous and that the...

Paulson v. Wein
Date: September 20, 2012
Docket Number: 12-6029

Justia Opinion Summary: Debtor appealed from an order of the bankruptcy court dismissing his Chapter 13 case and an order denying his motion for a new trial. The court held that the trustee's brief was filed on the date it was due and debtor's...

United States v. Christeena Janell Barker
Date: September 19, 2012
Docket Number: 11-3393

Jose Mendez v. Eric H. Holder, Jr.
Date: September 19, 2012
Docket Number: 12-1346

Williams v. Roper
Date: September 18, 2012
Docket Number: 10-2579

Justia Opinion Summary: Petitioner, convicted of first-degree murder and sentenced to death, petitioned for a writ of habeas corpus under 28 U.S.C. 2254. The district court denied relief on twelve of petitioner's claims, but granted relief on h...

Owners Ins. Co., et al v. European Auto Works, Inc., et al
Date: September 17, 2012
Docket Number: 11-3068

Justia Opinion Summary: Plaintiffs brought a declaratory action seeking a ruling that their insurance policies issued to defendants did not cover class claims brought in state court by Percic Enterprises. The state court complaint alleged that...

Hunter v. United Parcel Service, Inc.
Date: September 17, 2012
Docket Number: 11-3186

Justia Opinion Summary: Plaintiff filed suit claiming that UPS discriminated against him based on his gender, sexual orientation, and disability when it failed to hire him as a part-time package handler. The court affirmed the district court's...

United States v. Frederick Cooper
Date: September 14, 2012
Docket Number: 12-1356

Buehrle v. City of O'Fallon, Missouri
Date: September 13, 2012
Docket Number: 11-2713

Justia Opinion Summary: Plaintiff brought suit against his employer, the City of O'Fallon, alleging, among other things, that the city retaliated against him for exercising his right to free speech guaranteed by the United States and Missouri C...

United States v. Woodard
Date: September 13, 2012
Docket Number: 11-2828

Justia Opinion Summary: Defendant pled guilty to possession of child pornography and subsequently appealed his sentence, arguing that his prior juvenile adjudication for second-degree sexual abuse did not support an enhancement under 18 U.S.C....

Chimeka Randle v. Texarkana, AR Housing Auth.
Date: September 13, 2012
Docket Number: 12-1901

Hartis, et al v. Chicago Title Ins. Co.
Date: September 12, 2012
Docket Number: 11-2552

Justia Opinion Summary: Plaintiffs appealed from the district court's denial of their motion to remand their suit against Chicago Title to state court. The court held that Chicago Title had proven by a preponderance of the evidence that the amo...

Fowler v. LAC Minerals (USA), LLC
Date: September 12, 2012
Docket Number: 11-2923

Justia Opinion Summary: LAC Minerals and plaintiff were bound by an agreement relating to 944 acres of property once targeted for mining development. Plaintiff filed suit, arguing that the agreement required LAC to assign to plaintiff certain p...

Fisette v. Keller
Date: September 12, 2012
Docket Number: 11-3119

Justia Opinion Summary: The bankruptcy court denied confirmation of debtor's initial Chapter 13 plan because it proposed to "strip off" second and third mortgage liens on his residence. Debtor filed a modified plan that preserved those liens, n...

Kindred Hospitals East v. Sebelius
Date: September 12, 2012
Docket Number: 11-3555

Justia Opinion Summary: Kindred Hospital appealed the district court's order upholding DHHS' decision that Kindred Hospital should have reduced a state tax expense by the amounts it received from a privately administered pool fund on its Medica...

David Namer v. United States
Date: September 12, 2012
Docket Number: 12-1937

Hounmenou, et al v. Holder, Jr.
Date: September 11, 2012
Docket Number: 11-1990

Justia Opinion Summary: Petitioners petitioned for review of the BIA's decision affirming the IJ's denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture. Petitioner Mathias belongs t...

Capitol Records, Inc., et al v. Thomas-Rasset
Date: September 11, 2012
Docket Number: 11-2820

Justia Opinion Summary: This appeal arose from a dispute between several recording companies and defendant. Defendant willfully infringed copyrights of 24 sound recordings by engaging in file-sharing on the Internet. On appeal, the companies ap...

Capitol Records, Inc. v. Jammie Thomas-Rasset
Date: September 11, 2012
Docket Number: 11-2858

United States v. Raciel Rodriguez-Cruz
Date: September 11, 2012
Docket Number: 11-2942

United States v. Raciel Rodriguez-Cruz
Date: September 11, 2012
Docket Number: 11-3436

Jeremy Floyd v. U.S. Marshals
Date: September 11, 2012
Docket Number: 12-1103

Harvey Cullum v. John Aldworth
Date: September 11, 2012
Docket Number: 12-1261

Daniel Cincoski v. Nurse Rhonda Bradley
Date: September 11, 2012
Docket Number: 12-1545

United States v. Green
Date: September 10, 2012
Docket Number: 11-2308

Justia Opinion Summary: Defendant was convicted of one count of bank robbery and subsequently appealed the district court's denial of his motion to suppress evidence and the sentence imposed. The court held that given defendant's similarities t...

United States v. Mendoza; United States v. Tovar
Date: September 10, 2012
Docket Number: 11-3055

Justia Opinion Summary: Defendants entered conditional guilty pleas to possession with intent to distribute 500 grams or more of methamphetamine. On appeal, they challenged the district court's denial of their motions to suppress evidence. Beca...

United States v. Mariano Mendoza
Date: September 10, 2012
Docket Number: 11-3062

United States v. Kristin L. Dougherty
Date: September 10, 2012
Docket Number: 12-1809

United States v. Tyson Burris
Date: September 10, 2012
Docket Number: 12-2205

Treasurer, Trustees of Drury Ind. v. Goding, et al.
Date: September 7, 2012
Docket Number: 11-2885

Justia Opinion Summary: Defendant Goding was a beneficiary of an Employee Retirement Insurance Security Act (ERISA), 29 U.S.C. 1001 et seq., Plan administered by Drury. Goding sustained injuries in a slip and fall accident and received benefits...

Friedberg, et al. v. Chubb & Son, Inc., et al.
Date: September 7, 2012
Docket Number: 11-3603

Justia Opinion Summary: Plaintiffs sought coverage from their insurer for damage sustained to their home. After the insurer denied their claim, plaintiffs sued for declaratory relief. The district court granted the insurer's motion for summary...

H & R Block Tax Services LLC v. Franklin, et al.
Date: September 7, 2012
Docket Number: 11-3690

Justia Opinion Summary: H&R Block appealed the district court's grant of summary judgment in favor of defendants. At issue was whether H&R Block had the right to terminate two franchise agreements between the parties where the agreements expres...

Cristobal Herrera v. Eric H. Holder, Jr.
Date: September 7, 2012
Docket Number: 11-3692

United States v. King
Date: September 7, 2012
Docket Number: 11-3817

Justia Opinion Summary: Defendant pleaded guilty to robbing banks less than four years after being released from federal prison for a six-month crime spree in which he robbed fourteen banks in six different states. Defendant subsequently appeal...

United States v. Cornelius Carter
Date: September 6, 2012
Docket Number: 12-1518

MN Citizens Concerned for Life v. Lori Swanson
Date: September 5, 2012
Docket Number: 10-3126

United States v. Godsey
Date: September 5, 2012
Docket Number: 11-2971

Justia Opinion Summary: Defendant pleaded guilty to one count each of bank fraud, access-device fraud, and aggravated identity theft. The district court sentenced her to 54 months' imprisonment and defendant subsequently appealed her sentence....

United States v. Parker Willingham
Date: September 5, 2012
Docket Number: 12-1556

Taylor, Jr. v. Dormire, et al.
Date: September 4, 2012
Docket Number: 10-3863

Justia Opinion Summary: Plaintiff sued Missouri prison officials under 42 U.S.C. 1983 for refusing to feed him for several days while he was restrained. A jury returned a verdict for the prison officials, which plaintiff appealed. The court hel...

Cowden v. BNSF Railway Co.
Date: September 4, 2012
Docket Number: 11-2003

Justia Opinion Summary: Plaintiff sustained injuries while riding in a locomotive operated by his employer, BNSF. Plaintiff brought suit seeking compensation under the Federal Employer's Liability Act (FELA), 45 U.S.C. 51 et seq. The district c...

Kallail v. Alliant Energy
Date: September 4, 2012
Docket Number: 11-2202

Justia Opinion Summary: Plaintiff sued her employer alleging disability discrimination in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101-12213, and the Iowa Civil Rights Act (ICRA), Iowa Code 216 et seq. Because plainti...

Green v. Dormire, et al.
Date: September 4, 2012
Docket Number: 11-2251

Justia Opinion Summary: Plaintiff, an inmate of the Missouri Department of Corrections, filed suit under 42 U.S.C. 1983, alleging that his transfer, detention, and involuntary medication violated his due process rights. The court concluded that...

Lopez, et al. v. Tyson Foods, Inc.
Date: September 4, 2012
Docket Number: 11-2344

Justia Opinion Summary: Plaintiff and 19 other employees represent a class of hourly production employees at a meat-processing facility of Tyson Foods. The employees sued Tyson for not paying wages due under the Fair Labor Standards Act of 193...

Sprint Communications Co. v. Jacobs, et al
Date: September 4, 2012
Docket Number: 11-2984

Justia Opinion Summary: Sprint contested the IUB order compelling it to pay intrastate access charges to Windstream, an Iowa communications company, for Voice over Internet Protocol (VoIP) calls. Sprint filed a complaint in federal district cou...

Fernando Arias-Gonzales v. United States
Date: September 4, 2012
Docket Number: 12-1054

United States v. Patrick Watson
Date: September 4, 2012
Docket Number: 12-1250

United States v. Jorge Tiazan-Santiago
Date: September 4, 2012
Docket Number: 12-1973

Pulczinski v. Trinity Structural Towers
Date: August 31, 2012
Docket Number: 11-2585

Justia Opinion Summary: Plaintiff sued his employer, Trinity, alleging that Trinity discriminated against him on the basis of his son's disabilities, in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. He also all...

United States v. Martinez
Date: August 31, 2012
Docket Number: 11-3547

Justia Opinion Summary: Defendant was found guilty of conspiring to commit bank fraud, committing bank fraud, and making a false statement to a financial institution. On appeal, the Government challenged the district court's decisions to use de...

Abston v. CIR
Date: August 31, 2012
Docket Number: 11-3689

Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment, arguing that the district court erred in ruling that her failure to submit a physician's statement as required by the IRS Revenue Procedure 99-21 was fat...

United States v. Lara
Date: August 31, 2012
Docket Number: 11-3850

Justia Opinion Summary: Defendant pled guilty to distribution of a mixture or substance containing methamphetamine and subsequently appealed his sentence, arguing that the government breached his plea agreement at the sentencing. The court conc...

Beau Morris v. Judy Morrison
Date: August 31, 2012
Docket Number: 12-1549

Burroughs, et al. v. Mackie Moving Systems Corp., et al.
Date: August 30, 2012
Docket Number: 11-1618

Justia Opinion Summary: In this uninsured motorist case, plaintiff appealed the district court's ruling that the uninsured motorist (UIM) provisions in his insurance policies with defendant could not be stacked beyond the statutory minimum per...

John Burroughs v. AMCO Insurance Company
Date: August 30, 2012
Docket Number: 11-1710

Lewis Brothers Bakeries v. Interstate Brands Corp.
Date: August 30, 2012
Docket Number: 11-1850

Justia Opinion Summary: Interstate Bakeries granted licenses to some of its trademarks to Lewis Brothers in certain Illinois territories. Interstate Bakeries subsequently filed for Chapter 11 bankruptcy, and later contended that its licensing a...

United States v. Shakur; United States v. Stockman
Date: August 30, 2012
Docket Number: 11-2767

Justia Opinion Summary: After a joint trial, a jury convicted defendant Shakur of various drug offenses and convicted Defendant Stockman of conspiracy to distribute less than 50 kilograms of marijuana. On appeal, Shakur argued that the district...

United States v. Rasheed Shakur
Date: August 30, 2012
Docket Number: 11-2768

United States v. Williams
Date: August 30, 2012
Docket Number: 11-3625

Justia Opinion Summary: Defendant appealed his conviction and sentence for conveying false information about bombing a commercial aircraft in violation of 18 U.S.C. 35(b) and conveying a threat and false information in interstate commerce about...

United States v. Rasheed Shakur
Date: August 30, 2012
Docket Number: 11-3822

Beaulieu, et al. v. Ludeman, et al.
Date: August 29, 2012
Docket Number: 11-1845

Justia Opinion Summary: Patients, civilly committed to the Minnesota Sex Offender Program (MSOP), brought suit under 42 U.S.C. 1983 against DHS officials and DOC officials, alleging that various MSOP policies and practices relating to Patients'...

Briscoe v. County of St. Louis, Missouri, et al.
Date: August 29, 2012
Docket Number: 11-3034

Justia Opinion Summary: Plaintiff sued St. Louis County and three of its police officers - Lane Hollandsworth, Stephen Deen, Sr., and Jack Webb - under 42 U.S.C. 1983, alleging that they violated his constitutional rights by causing his wrongfu...

Child Evangelism Fellowship v. Minneapolis Special Sch. Dist. 1
Date: August 29, 2012
Docket Number: 11-3225

Justia Opinion Summary: CEF, a local chapter of an international non-profit organization that conducted weekly "good news clubs" (GNC) for children, appealed the district court's denial of a preliminary injunction against the district. Due to c...

United States v. Thompson; United States v. DeLeo; United States v. Baggett; United States v. Thompson
Date: August 28, 2012
Docket Number: 11-1765

Justia Opinion Summary: Defendants appealed their criminal offenses connected to illegal gambling, drug trafficking, firearms, and marriage fraud. Defendants raised several additional issues on appeal. The court affirmed on all issues except fo...

Vaidyanathan v. Seagate US LLC, et al.
Date: August 28, 2012
Docket Number: 11-1799

Justia Opinion Summary: Plaintiff brought suit against Seagate, alleging a violation of Minnesota Statutes section 181.64, false statements as inducement to entering employment, and a common law claim of promissory estoppel. On appeal, Seagate...

United States v. George Thompson
Date: August 28, 2012
Docket Number: 11-1813

Chandramouli Vaidyanathan v. Seagate US LLC
Date: August 28, 2012
Docket Number: 11-1888

United States v. George Thompson
Date: August 28, 2012
Docket Number: 11-2124

United States v. George Thompson
Date: August 28, 2012
Docket Number: 11-2604

Warren Unilube, Inc. v. NLRB
Date: August 28, 2012
Docket Number: 11-2664

Justia Opinion Summary: Warren Unilube petitioned for review of an order of the NLRB that directed the company to recognize and bargain with the Union. The NLRB cross-applied for enforcement of its order. The court held that there was substant...

Warren Unilube, Inc. v. NLRB
Date: August 28, 2012
Docket Number: 11-2974

Ondirsek, et al. v. Hoffman
Date: August 28, 2012
Docket Number: 11-3003

Justia Opinion Summary: Defendant appealed a jury verdict finding him liable for battery, outrage, and conspiracy. Defendant was the leader of a religious group, Tony Alamo Christian Ministries (TACM), where he controlled members' finances, pro...

Sheet Metal Workers, etc. v. Silgan Containers, etc.
Date: August 28, 2012
Docket Number: 11-3251

Justia Opinion Summary: The Union attempted to commence arbitration of a terminated employee's grievance. Before arbitration proceedings commenced, the employee died, and the employer refused to proceed with arbitration. The Union brought this...

United States v. Quentin Thompson
Date: August 28, 2012
Docket Number: 12-1201

United States v. Sterling McKoy
Date: August 28, 2012
Docket Number: 12-2857

Union Electric Co. v. Energy Ins. Mutual
Date: August 27, 2012
Docket Number: 11-1315

Justia Opinion Summary: In a diversity action involving an insurance dispute, Union Electric appealed the district court's grant of EIM's motion to dismiss. Union Electric is a Missouri Utility and EIM is a mutual insurance company incorporated...

Butler, et al. v. Bank of America, N.A., et al.
Date: August 27, 2012
Docket Number: 11-2653

Justia Opinion Summary: Plaintiffs brought this suit in Minnesota state court challenging the foreclosure of the mortgage of their home. The Bank defendants removed the case to federal court and filed a motion to dismiss under Rule 12(b)(6), as...

United States v. Jesse Lamond Jones
Date: August 27, 2012
Docket Number: 11-3610

Loch, et al. v. City of Litchfield, et al.
Date: August 27, 2012
Docket Number: 11-3618

Justia Opinion Summary: Plaintiff and his wife brought this action under 42 U.S.C. 1983, alleging that a city police officer employed excessive force when he shot plaintiff eight times. The court held that the district court properly granted su...

Nooner v. Hobb
Date: August 24, 2012
Docket Number: 10-2434

Justia Opinion Summary: Petitioner, convicted of capital felony murder in the course of a robbery and sentenced to death, petitioned for habeas relief, asserting actual innocence. The court found no clear error in the district court's determina...

United States v. Darrin Bernard Raysor
Date: August 24, 2012
Docket Number: 10-3169

United States v. Young, Jr.; United States v. Lewis
Date: August 24, 2012
Docket Number: 11-2673

Justia Opinion Summary: Defendants appealed their convictions and sentences stemming from a conspiracy to distribute crack cocaine. The court held that Defendant Young's constitutional challenges to his sentence were without merit where the dis...

United States v. Shelby Young, Jr.
Date: August 24, 2012
Docket Number: 11-2985

United States v. Waller
Date: August 24, 2012
Docket Number: 12-1036

Justia Opinion Summary: Defendant pleaded guilty to one count of knowingly transmitting in interstate commerce, via the Internet, a communication containing a threat to injure the person of another. The district court sentenced defendant to 60...

United States v. Tucker
Date: August 23, 2012
Docket Number: 11-2444

Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm, simultaneously resulting in a revocation of his supervised release from a previous conviction. On appeal, defendant challenged his conviction and sente...

United States v. Alfred Tucker
Date: August 23, 2012
Docket Number: 11-2489

USA, ex rel. John Raynor v. National Rural Utilities Co Op, et al.
Date: August 23, 2012
Docket Number: 11-2642

Justia Opinion Summary: Raynor sued National Rural, a number of its officers, and alleged co-conspirators in a qui tam action for violations of the False Claims Act (FCA), 31 U.S.C. 3729-33. Raynor alleged that National Rural was violating the...

Miller v. Redwood Toxicology Laboratory, Inc.
Date: August 23, 2012
Docket Number: 11-3073

Justia Opinion Summary: Plaintiff appealed from the district court's grant of Redwood Toxicology Laboratory's motion to dismiss with prejudice his Minnesota state law claims raised in federal court under the court's diversity jurisdiction. Beca...

United States v. Evans
Date: August 23, 2012
Docket Number: 11-3195

Justia Opinion Summary: Defendant was indicted for unlawfully attempting to remove his children from the United States. On appeal, defendant challenged his commitment on grounds that the district court did not provide him with a legal, constitu...

Outdoor Central, Inc., et al. v. GreatLodge.com, Inc.
Date: August 23, 2012
Docket Number: 11-3264

Justia Opinion Summary: Plaintiffs, provider of automated licensing services to state fish and wildlife agencies, sued GreatLodge for fraudulent inducement, among other things, arising out of an acquisition agreement. GreatLodge subsequently ap...

Missouri Bank and Trust Co. v. OneBeacon Ins. Co.
Date: August 23, 2012
Docket Number: 11-3498

Justia Opinion Summary: Missouri Bank sued OneBeacon for breach of contract and vexatious refusal to pay. The court held that the district court did not err by granting summary judgment for Missouri Bank on its breach-of-contract claim and reje...

Missouri Bank and Trust Co. v. OneBeacon Insurance Company
Date: August 23, 2012
Docket Number: 11-3529

United States v. Moya; United States v. Swift
Date: August 23, 2012
Docket Number: 12-1085

Justia Opinion Summary: Defendant Swift and Moya were convicted of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. Swift argued that the district court erred in admitting evidence f...

United States v. Jose Moya
Date: August 23, 2012
Docket Number: 12-1173

United States v. Harris
Date: August 23, 2012
Docket Number: 12-1396

Justia Opinion Summary: Defendant was sentenced to 110 months' imprisonment for distribution of cocaine base and subsequently filed a motion for a reduction of sentence pursuant to 18 U.S.C. 3582(c)(2). The district court denied the motion and...

Austell, et al. v. Sprenger, et al.
Date: August 22, 2012
Docket Number: 11-2792

Justia Opinion Summary: TYBE, a daycare center in St. Louis, Missouri, sued the Missouri Department of Health and Senior Services (DHS), alleging federal civil rights and state law violations because DHS denied TYBE's license renewal request. O...

United States v. Davis
Date: August 22, 2012
Docket Number: 11-3189

Justia Opinion Summary: Defendant, convicted of a drug offense and money laundering, appealed his conviction and sentence. The court held that the evidence was sufficient to convict defendant of the crimes for which he was charged; the district...

United States v. Jemaine Sidney
Date: August 21, 2012
Docket Number: 11-1216

Trustees of the Local No. 1, et al. v. Walker
Date: August 21, 2012
Docket Number: 11-2051

Justia Opinion Summary: Eloise Walker, mother of the decedent, appealed the grant of summary judgment in favor of Pamela Wright-Dallas, the named beneficiary under the decedent's benefits plans. Walker argued that the district court erred becau...

B & B Hardware v. Fastenal Co.
Date: August 21, 2012
Docket Number: 11-2954

Justia Opinion Summary: B&B, a supplier of self-sealing fasteners, sued Fastenal for breach of an exclusive supply agreement, tortious interference with business expectancy, and violation of the Arkansas Deceptive Trade Practices Act (ADTPA) ba...

United States v. Asa Adams
Date: August 21, 2012
Docket Number: 11-3579

Eastin v. Hobb
Date: August 21, 2012
Docket Number: 11-3703

Justia Opinion Summary: Plaintiff appealed the district court's denial of his 28 U.S.C. 2254 petition for federal habeas corpus relief from his state convictions on a number of drug-related charges. The court held that plaintiff failed to demon...

Alfonso Hernandez v. Eric H. Holder, Jr.
Date: August 21, 2012
Docket Number: 11-3714

Myers v. Casino Queen, Inc.
Date: August 21, 2012
Docket Number: 12-1027

Justia Opinion Summary: Plaintiff, a resident of St. Louis County, Missouri, sued Casino Queen, operator of a gambling and hotel establishment in St. Louis County, Illinois, in Missouri state court based on theories of negligence and premise li...

B & B Hardware v. Fastenal Company
Date: August 21, 2012
Docket Number: 12-1066

Edwards v. Roper
Date: August 20, 2012
Docket Number: 11-1092

Justia Opinion Summary: Petitioner, convicted of first-degree murder and sentenced to death, appealed the denial of habeas relief under 28 U.S.C. 2254, as well as the district court's denial of his motion for funds to conduct a mental examinati...

Flores, et al. v. United States, et al.
Date: August 20, 2012
Docket Number: 11-2222

Justia Opinion Summary: Plaintiffs, the husband and uncle of decedent, filed suit against defendants alleging state law tort claims and violations of decedent's federal constitutional rights. The court held that the district court properly dism...

United States v. Steven Allen Braun
Date: August 20, 2012
Docket Number: 11-2463

Hutson, et al. v. Walker, et al.
Date: August 20, 2012
Docket Number: 11-3194

Justia Opinion Summary: Plaintiffs brought this action against defendants, social service employees, alleging that they violated 42 U.S.C. 1983 and state law by recommending that custody of their son be granted to his grandparents. According to...

Herden, et al. v. United States
Date: August 20, 2012
Docket Number: 11-3530

Justia Opinion Summary: Plaintiffs, cattle producers, appealed the district court's dismissal of their Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), complaint, alleging that a government employee negligently caused illness and death wit...

United States v. Mahone
Date: August 20, 2012
Docket Number: 11-3575

Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and subsequently appealed his sentence. On appeal, defendant argued that the district court's rulings were procedural guidelines errors. The court held...

Orr v. Clement
Date: August 20, 2012
Docket Number: 12-1422

Justia Opinion Summary: Plaintiff, a Missouri inmate, moved for leave to proceed in forma pauperis in his appeal of the district court's dismissal of his civil rights action before service of process, pursuant to 28 U.S.C. 1915A, for failure to...

In re: R. S. McCullough v.
Date: August 17, 2012
Docket Number: 11-3400

United States v. Kenneth Luckey
Date: August 17, 2012
Docket Number: 11-3406

United States v. Johnson
Date: August 17, 2012
Docket Number: 11-3841

Justia Opinion Summary: Defendant pled guilty to two counts of wire fraud in connection with a mortgage fraud scheme. At sentencing, the district court calculated an advisory sentencing guidelines range of thirty-three to forty-one months' impr...

Gregory Givens v. State of Iowa
Date: August 17, 2012
Docket Number: 12-1040

United States v. Juan Johnson
Date: August 17, 2012
Docket Number: 12-1392

United States v. Sandra Calkins
Date: August 17, 2012
Docket Number: 12-1450

Kenneth Doss v. Iowa Department of Corrections
Date: August 17, 2012
Docket Number: 12-1896

McDermott v. Swanson
Date: August 17, 2012
Docket Number: 12-6028

Justia Opinion Summary: Debtor filed for protection under Chapter 7 of the Bankruptcy Code. The United States Trustee subsequently filed a complaint seeking a denial of Debtor's discharge under 11 U.S.C. 727(a)(3) and (a)(5) based on Debtor's a...

Fesler v. Whelen Eng'g Co.
Date: August 16, 2012
Docket Number: 11-2666

Justia Opinion Summary: David Fesler, a former sales representative with Whelen Engineering Company, sued Whelen for breach of contract. Fesler alleging that he was an employee of Whelen, that policy documents issued by Whelen applicable to sal...

Meador v. Branson
Date: August 16, 2012
Docket Number: 11-3088

Justia Opinion Summary: In 1994, Defendant was convicted of sex crimes in Kentucky. When Defendant moved to North Dakota in 2008, he was required to register as a sex offender. Because Defendant did not have a residence for a short while, he di...

United States v. Juan Figueroa-Alvarado
Date: August 16, 2012
Docket Number: 11-3113

Guy Barnes v. AR Department of Corrections
Date: August 16, 2012
Docket Number: 11-3810

United States v. Zauner
Date: August 16, 2012
Docket Number: 12-1007

Justia Opinion Summary: Defendant pled guilty to production of child pornography for photographs she took of her daughters at ages six and two. The district court sentenced Defendant to 216 months, departing and varying downward from Defendant'...

United States v. Brian Moore
Date: August 10, 2012
Docket Number: 10-3200

Life Investors Ins. Co. v. Fed. City Region, Inc.
Date: August 10, 2012
Docket Number: 11-3518

Justia Opinion Summary: Life Investors Insurance Co. of America filed a breach of contract action against John Corrado and Federal City Region, Inc. (collectively, Carrado) for allegedly breaching a settlement agreement that existed between the...

David Williams v. Kathy Stewart
Date: August 10, 2012
Docket Number: 12-1090

United States v. Alvin Hardy
Date: August 10, 2012
Docket Number: 12-1584

United States v. Roberts
Date: August 9, 2012
Docket Number: 11-2572

Justia Opinion Summary: Defendant was convicted of being a felon and an unlawful drug user in possession of a firearm. Pursuant to a conditional plea agreement, Defendant appealed the district court's denial of his motion to suppress as well as...

United States v. Bui
Date: August 9, 2012
Docket Number: 11-2584

Justia Opinion Summary: Defendant pleaded guilty to possession with intent to distribute 100 kilograms or more of marijuana. The plea agreement recited that Defendant was subject to a mandatory minimum sentence of five years in prison but that...

United States v. Joo Ok Kim
Date: August 9, 2012
Docket Number: 11-2992

Lind v. Midland Funding, LLC
Date: August 9, 2012
Docket Number: 11-3128

Justia Opinion Summary: Tracy and Steve Lind filed this suit after Defendants attached funds in the Linds' joint bank account pursuant to Minnesota's garnishment laws. The Linds alleged that Defendants deprived Tracy of her due process rights i...

United States v. Sharon McMillan
Date: August 9, 2012
Docket Number: 11-3203

United States ex rel. Onnen v. Sioux Falls Indep. Sch. Dist.
Date: August 9, 2012
Docket Number: 11-3302

Justia Opinion Summary: Southeast Technical Institute (STI) in South Dakota is a public post-secondary technical school funded by the State through Sioux Falls School District No. 49-5 and governed by the Sioux Falls School Board. STI terminate...

United States v. Walker
Date: August 9, 2012
Docket Number: 11-3487

Justia Opinion Summary: Nicole Walker and Bart Hyde pled guilty to conspiring to manufacture and distribute methamphetamine. Defendants appealed their respective sentences, arguing that the district court clearly erred in calculating the drug q...

United States v. Nicole Walker
Date: August 9, 2012
Docket Number: 11-3489

USA ex rel. Matt Onnen v. Sioux Falls ISD No. 49-5
Date: August 9, 2012
Docket Number: 11-3848

United States v. John Manning
Date: August 9, 2012
Docket Number: 12-1014

United States v. Steffen
Date: August 9, 2012
Docket Number: 12-1098

Justia Opinion Summary: Defendant was indicted for bank fraud, mail fraud, and wire fraud. The government alleged that Defendant's sale of collateral pledged as security for a loan from a bank and his failure to carry out his disclosure duties...

Jeffrey Ratchford v. Gladys Evans
Date: August 9, 2012
Docket Number: 12-1503

United States v. Mark Althage
Date: August 8, 2012
Docket Number: 11-2900

United States v. Thompson
Date: August 8, 2012
Docket Number: 11-3076

Justia Opinion Summary: Defendant appealed the sentence he received after pleading guilty to one count of possessing with intent to distribute five grams or more of a mixture or substance containing a detectable amount of cocaine base. Defendan...

Frederick Skoda v. Lilly USA LLC
Date: August 8, 2012
Docket Number: 11-3167

United States v. Jeffrey Greenwell
Date: August 8, 2012
Docket Number: 11-3280

United States v. Godat
Date: August 8, 2012
Docket Number: 11-3536

Justia Opinion Summary: Defendant waived indictment and was charged by information with structuring financial transactions for the purpose of evading currency-transaction reporting requirements and with evading taxes. The district court, varyin...

United States v. Ryan Unger
Date: August 8, 2012
Docket Number: 11-3812

United States v. John Alemoh Momoh
Date: August 8, 2012
Docket Number: 12-1133

Eugene R. Robinson v. Janet Napolitano
Date: August 7, 2012
Docket Number: 11-1834

Meirovitz v. United States
Date: August 7, 2012
Docket Number: 11-1887

Justia Opinion Summary: A jury found Defendant guilty of conspiracy to distribute cocaine and possession of cocaine with intent to distribute. The presentence report classified Defendant as a career offender with a sentencing guidelines range o...

Laborers District Council v. NLRB
Date: August 7, 2012
Docket Number: 11-2848

Maytag Corp. v. Int'l Union
Date: August 7, 2012
Docket Number: 11-2931

Justia Opinion Summary: The United Automobile, Aerospace, and Agricultural Implement Workers International Union and Local 997 appealed the district court judgment after a five-day bench trial declaring that Whirlpool Corporation may unilateral...

Perks v. Astrue
Date: August 7, 2012
Docket Number: 11-3041

Justia Opinion Summary: Perks applied for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. An ALJ denied Perks's application. On appeal to the appeals council, Perks submitted ad...

Galarnyk v. Fraser
Date: August 7, 2012
Docket Number: 11-3065

Justia Opinion Summary: Minnesota State Patrol Captain Thomas Fraser detained Plaintiff at the site of the collapse of the I-35W bridge in Minneapolis, Minnesota. Plaintiff, an experienced bridge and construction safety consultant, discussed th...

Laborers Dist. Council v. NLRB
Date: August 7, 2012
Docket Number: 11-3115

Justia Opinion Summary: The Laborers District Council of Minnesota and North Dakota (the Union) petitioned for review of a decision of the National Labor Relations Board ordering the Union to cease and desist violating section 8(b)(4)(ii)(B) of...

United States v. Darden
Date: August 7, 2012
Docket Number: 11-3161

Justia Opinion Summary: Following a jury trial, Defendant was convicted of possessing with intent to distribute cocaine base, being a felon in possession of a firearm, and being an unlawful user of a controlled substance in possession of a fire...

Carmen Earnheart v. Michael J. Astrue
Date: August 7, 2012
Docket Number: 11-3507

Stahl v. City of St. Louis, Mo.
Date: August 6, 2012
Docket Number: 10-3761

Justia Opinion Summary: Plaintiff was arrested under the authority of St. Louis Ordinance 17.16.270, which prohibits conduct, including speech, that has the consequence of impeding pedestrians or vehicular traffic. After the City dropped the ch...

Williams v. County of Dakota
Date: August 6, 2012
Docket Number: 11-1089

Justia Opinion Summary: Plaintiff sued the County of Dakota, Nebraska, and former sheriff's deputy Rodney Herron, alleging Title VII violations, sexual harassment, and violation of the Equal Pay Act. The County advanced a limited offer to settl...

Steen v. Schmalenberger
Date: August 6, 2012
Docket Number: 11-1136

Justia Opinion Summary: A North Dakota jury convicted Defendant of manufacturing methamphetamine, possessing methamphetamine, and possessing drug paraphernalia, all in violation of state law. After the North Dakota Supreme Court affirmed Defend...

McCrary v. Stifel, Nicolaus & Co.
Date: August 6, 2012
Docket Number: 11-1213

Justia Opinion Summary: Two individuals brought suit as individuals and on behalf of a putative class of investors, alleging that Stifel, Nicolaus & Co. (Stifel) and two of its employees, Neil Harrison and Roger Compton, violated federal securi...

Robert McCrary v. Stifel, Nicolaus & Company
Date: August 6, 2012
Docket Number: 11-1522

United States v. Terrell Williams
Date: August 6, 2012
Docket Number: 11-1711

Hamilton v. Bangs, McCullen, Butler, Foye & Simmons, LLP
Date: August 6, 2012
Docket Number: 11-1823

Justia Opinion Summary: Plaintiff was the president and owner of Company. Plaintiff and Company were sued by an employee for sexual harassment, among other claims. Plaintiff retained Law Firm to represent him and Company. The district court ent...

Waldron v. Holder
Date: August 6, 2012
Docket Number: 11-1981

Justia Opinion Summary: Petitioner John Waldron, a native and citizen of the United Kingdom, had his permanent resident status in the United States terminated because of his conviction for second degree assault. Petitioner sought an adjustment...

United States v. Galaviz
Date: August 6, 2012
Docket Number: 11-2396

Justia Opinion Summary: Defendant pleaded guilty to distributing methamphetamine and being a felon in possession of a firearm. The district court sentenced Defendant to 151 months' imprisonment. Defendant appealed his sentence, raising as his s...

Salman v. Holder
Date: August 6, 2012
Docket Number: 11-2416

Justia Opinion Summary: Petitioner, a native and citizen of Israel, entered the United States in September 2005. On September 21, 2006, the government commenced removal proceedings against Petitioner. In response, Petitioner submitted an applic...

United States v. Franik
Date: August 6, 2012
Docket Number: 11-2686

Justia Opinion Summary: Defendant pleaded guilty to one count of interstate transportation of a minor with intent to engage in criminal sexual activity. The district court sentenced Defendant to 360 months' imprisonment, applying an upward vari...

Sherman v. Rinchem Co., Inc.
Date: August 6, 2012
Docket Number: 11-2932

Justia Opinion Summary: Rinchem Company, Inc. fired Jeffrey Sherman after Sherman alleged lied in the course of Rinchem's investigation of complaints about his behavior. Sherman disputed Richem's allegation and contended that Rinchem's accusati...

United States v. Mesteth
Date: August 6, 2012
Docket Number: 11-3140

Justia Opinion Summary: Defendant entered into a plea agreement with the government wherein he pled guilty to arson and aiding and abetting arson. The government agreed it would recommend a sentence at the bottom of the advisory Sentencing Guid...

Jimmy Henson v. Michael J. Astrue
Date: August 6, 2012
Docket Number: 11-3247

United States v. Maybee
Date: August 6, 2012
Docket Number: 11-3254

Justia Opinion Summary: After a jury trial, Defendant was convicted on six counts related to willfully causing bodily injury to another because of that person's race, color, or national origin in violation of certain provisions of the Shepard-B...

United States v. Rudolph Stanko
Date: August 6, 2012
Docket Number: 11-3282

Razorback Concrete Co. v. Dement Constr. Co.
Date: August 6, 2012
Docket Number: 11-3499

Justia Opinion Summary: Razorback Concrete Company (Razorback) sued Dement Construction Company (Dement) for breach of contract and fraud based on disputes over performance of a concrete supply contract. The district court granted summary judgm...

United States v. Burrage
Date: August 6, 2012
Docket Number: 11-3602

Justia Opinion Summary: A jury convicted Defendant of distribution of heroin and distribution of heroin resulting in death. The district court sentenced Defendant to 240 months on each count, concurrently. Defendant appealed, arguing the court...

Allstate Property & Casualty v. Reginald Bailey
Date: August 6, 2012
Docket Number: 11-3621

United States v. Lumpkins
Date: August 6, 2012
Docket Number: 12-1348

Justia Opinion Summary: Defendant entered a conditional plea of guilty to possession with intent to distribute cocaine base and possession of a firearm in furtherance of a drug trafficking crime. Defendant appealed. The Eighth Circuit Court of...

Schilf v. Eli Lilly & Co.
Date: August 3, 2012
Docket Number: 11-2082

Justia Opinion Summary: Approximately one month after Dr. Richard Briggs prescribed sixteen-year-old Peter Schilf Cymbalta for his depression, Peter committed suicide. The Cymbalta literature did not include an FDA-approved black box warning st...

Duncan v. Herron
Date: August 3, 2012
Docket Number: 11-2467

Justia Opinion Summary: Toni Duncan sued her former employer, Dakota County, Nebraska, under 42 U.S.C. 1983 for hostile-work-environment sexual harassment and constructive discharge in violation of the Equal Protection Clause of the Fourteenth...

Terry v. Standard Ins. Co.
Date: August 3, 2012
Docket Number: 11-2582

Justia Opinion Summary: Joseph Terry, who received long-term disability benefits, filed a Chapter 7 bankruptcy petition. Terry later sued the bankruptcy trustee, seeking a declaration that his disability insurance provider, Standard Insurance C...

Williams v. Herron
Date: August 3, 2012
Docket Number: 11-2894

Justia Opinion Summary: Plaintiff brought suit under 42 U.S.C. 1983 against the County of Dakota, Nebraska, and former county official Rodney Herron. Plaintiff alleged defendants committed gender discrimination in violation of her Fourteenth Am...

Crutcher-Sanchez v. Wagner
Date: August 3, 2012
Docket Number: 11-2896

Justia Opinion Summary: Plaintiff sued her former employer, Dakota County, Nebraska under 42 U.S.C. 1983 and 1985. She also sued a sheriff, chief deputy, and sergeant, claiming the chief deputy and sheriff created or fostered a sexually hostile...

Alana Crutcher-Sanchez v. James L. Wagner
Date: August 3, 2012
Docket Number: 11-2897

Alana Crutcher-Sanchez v. James L. Wagner
Date: August 3, 2012
Docket Number: 11-2898

Goddard v. S.D. Pub. Assurance Alliance
Date: August 3, 2012
Docket Number: 11-3330

Justia Opinion Summary: Plaintiff Marnita Goddard was injured while riding on a trolley operated by the city of Deadwood, South Dakota. Invoking diversity jurisdiction, Goddard sued the city for negligence and the South Dakota Public Assurance...

United States v. Deshaun Lewis
Date: August 3, 2012
Docket Number: 11-3831

Stuart Auld v. Monica Hansen
Date: August 3, 2012
Docket Number: 12-1269

United States v. Jose Morones-Garcia
Date: August 3, 2012
Docket Number: 12-1795

United States v. Lee
Date: August 2, 2012
Docket Number: 10-2989

Justia Opinion Summary: A jury convicted Appellants, Ferris Lee, Maurice Forest, and Marcus Royston, of various drug-related offenses. The district court sentenced Lee to 540 months imprisonment, Forest to a statutory mandatory minimum of 120 m...

United States v. Ferris Lavelle Lee
Date: August 2, 2012
Docket Number: 10-2990

United States v. Ferris Lavelle Lee
Date: August 2, 2012
Docket Number: 10-2992

Alpine Glass, Inc. v. Country Mut. Ins. Co.
Date: August 2, 2012
Docket Number: 10-3682

Justia Opinion Summary: Alpine Glass, Inc. appealed the district court's partial denial of Alpine's motion to consolidate 482 short-pay claims for arbitration against the Country Mutual Insurance Co. and five of its subsidiaries. The Eighth Cir...

United States v. Wilson
Date: August 2, 2012
Docket Number: 11-2623

Justia Opinion Summary: A jury convicted Appellant of four counts of deprivation of rights and two counts of making false statements. The district court sentenced Appellant to 120 months' imprisonment on the deprivation of rights counts and six...

United States v. Tschacher
Date: August 2, 2012
Docket Number: 11-2681

Justia Opinion Summary: A jury found Appellant guilty of being a felon in possession of a firearm. The Eighth Circuit Court of Appeals affirmed, holding that the district court did not err by (1) permitting Appellant to represent himself pro se...

United States v. Porter
Date: August 2, 2012
Docket Number: 11-3190

Justia Opinion Summary: Antoine Porter was charged with being a felon in possession of a firearm. Porter was convicted as charged after a jury trial and was sentenced to thirty-three months imprisonment. Porter appealed his conviction, arguing...

Byes v. Astrue
Date: August 2, 2012
Docket Number: 11-3544

Justia Opinion Summary: Kevin Byes applied for disability insurance benefits and supplemental security income on July 30, 2007, claiming disability since November 1, 2005. The Commissioner of Social Security Administration (Commissioner) denied...

United States v. Soileau
Date: August 2, 2012
Docket Number: 11-3552

Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm. At sentencing, the district court determined Defendant had four prior convictions that qualified as violent felonies, and thus he was subject to the e...

US Bank Natl Assoc. v. SMF Energy Corporation
Date: August 2, 2012
Docket Number: 11-3814

Marcus Fields v. Janice Gray
Date: August 2, 2012
Docket Number: 12-1071

United States v. Michael Rodgers
Date: August 2, 2012
Docket Number: 12-1359

Cecil Roth v. United States
Date: August 2, 2012
Docket Number: 12-1493

Richter v. Advance Auto Parts, Inc.
Date: August 1, 2012
Docket Number: 11-2570

Justia Opinion Summary: Mischelle Richter appealed (1) the district court's order dismissing her retaliation claims under Title VII and the Missouri Human Rights Act for failure to exhaust administrative remedies, and (2) the dismissal of her w...

Hilt v. St. Jude Med. S.C., Inc.
Date: August 1, 2012
Docket Number: 11-3035

Justia Opinion Summary: In this diversity action involving Minnesota's Whistleblower Act, Appellant Ann Hilt alleged that her employer, St. Jude Medical S.C., Inc., decided to terminate her based, in part, on her reports concerning St. Jude's i...

Schottel v. Young
Date: August 1, 2012
Docket Number: 11-3292

Justia Opinion Summary: James Schottel brought this action under 42 U.S.C. 1983 alleging a state court judge, Judge Patrick Young, violated his constitutional rights by conditioning the grant of his motion to withdraw as counsel on the repaymen...

United States v. Anderson
Date: August 1, 2012
Docket Number: 11-3599

Justia Opinion Summary: Defendant appealed the district court's denial of his motion to suppress drugs and weapons found in an apartment he entered after fleeing from police during a buy/bust operation. Defendant entered a conditional guilty pl...

United States v. Brumfield
Date: July 31, 2012
Docket Number: 10-3607

Justia Opinion Summary: A jury convicted Defendant of possession of child pornography, and the district court sentenced Defendant to 120 months' imprisonment. The Eighth Circuit Court of Appeals affirmed Defendant's conviction, holding that the...

Frisby v. Milbank Mfg. Co.
Date: July 31, 2012
Docket Number: 11-1858

Justia Opinion Summary: Shirley Frisby died from an apparent heart attack while working on an assembly line at Milbank Manufacturing Company in Arkansas. A claim for workers' compensation death benefits was filed just before the two-year statut...

Kathleen Marez v. Saint-Gobain Containers, Inc.
Date: July 31, 2012
Docket Number: 11-2354

Marez v. Saint-Gobain Containers, Inc.
Date: July 31, 2012
Docket Number: 11-2356

Justia Opinion Summary: Kathleen Marez sued her former employer, Saint-Gobain Containers, Inc. for unlawful termination. Marez claimed that Saint-Gobain retaliated against her in violation of the family Medical Leave Act (FMLA) and that Saint-G...

Spacek v. Holder
Date: July 31, 2012
Docket Number: 11-2443

Justia Opinion Summary: Petitioner was born in Czechoslovakia and was admitted as a permanent resident in the United States. After Defendant was convicted of racketeering, the Department of Homeland Security initiated removal proceedings. Petit...