2012 Eighth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1245
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
Date: December 11, 2012
Docket Number: 12-1136
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…
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…
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…
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…
Date: December 6, 2012
Docket Numbers: 11-1500, 11-2187
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…
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…
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…
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…
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…
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…
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…
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.…
Date: December 3, 2012
Docket Numbers: 12-6033, 12-6035
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
Date: November 16, 2012
Docket Number: 12-1579
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…
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…
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…
Date: November 14, 2012
Docket Numbers: 12-6043, 12-6044
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…
Date: November 13, 2012
Docket Numbers: 12-1065, 12-1067, 12-1079, 12-1080, 12-1081, 12-1084, 12-1086, 12-1087, 12-1088, 12-1092, 12-1095
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…
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…
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…
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…
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…
Date: November 8, 2012
Docket Numbers: 11-1877, 11-1879, 11-1880, 11-1917, 11-1918
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…
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…
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…
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…
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.…
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…
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…
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'…
Date: November 7, 2012
Docket Numbers: 11-3867, 11-3869
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,…
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…
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…
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…
Date: November 6, 2012
Docket Numbers: 11-2991, 11-3089
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…
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…
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…
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…
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…
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…
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…
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…
Date: October 31, 2012
Docket Numbers: 11-3701, 11-3737
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…
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…
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…
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…
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…
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…
Date: October 26, 2012
Docket Numbers: 12-1366, 12-1691
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…
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…
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…
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…
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…
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.,…
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…
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)…
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…
Date: October 17, 2012
Docket Number: 12-1838
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.…
Date: October 15, 2012
Docket Numbers: 11-2882, 11-2883, 11-2884, 11-2903
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
Date: October 3, 2012
Docket Numbers: 11-2777, 11-2893
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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,…
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…
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…
Date: September 11, 2012
Docket Numbers: 11-2820, 11-2858
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…
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…
Date: September 10, 2012
Docket Numbers: 11-3055, 11-3602
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.…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: August 30, 2012
Docket Numbers: 11-1618, 11-1710
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…
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…
Date: August 30, 2012
Docket Numbers: 11-2767, 11-3822, 11-2768
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…
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…
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'…
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…
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…
Date: August 28, 2012
Docket Numbers: 11-1765, 11-1813, 11-2124, 11-2604
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…
Date: August 28, 2012
Docket Numbers: 11-1799, 11-1888
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…
Date: August 28, 2012
Docket Numbers: 11-2664, 11-2974
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…
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,…
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…
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…
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…
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…
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…
Date: August 24, 2012
Docket Numbers: 11-2673, 11-2985
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…
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…
Date: August 23, 2012
Docket Numbers: 11-2444, 11-2489
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…
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…
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.…
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,…
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…
Date: August 23, 2012
Docket Numbers: 11-3498, 11-3529
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…
Date: August 23, 2012
Docket Number: 11-3529
Date: August 23, 2012
Docket Numbers: 12-1085, 12-1173
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…
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…
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.…
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…
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…
Date: August 21, 2012
Docket Numbers: 11-2954, 12-1066
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)…
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…
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…
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…
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…
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…
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…
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…
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…
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'…
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…
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…
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…
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…
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…
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…
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…
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…
Date: August 9, 2012
Docket Numbers: 11-3848, 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…
Date: August 9, 2012
Docket Numbers: 11-3489, 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…
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…
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.…
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,…
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…
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…
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…
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…
Date: August 7, 2012
Docket Numbers: 11-2848, 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…
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…
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…
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…
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…
Date: August 6, 2012
Docket Numbers: 11-1213, 11-1522
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: August 3, 2012
Docket Numbers: 11-2896, 11-2897, 11-2898
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…
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…
Date: August 2, 2012
Docket Numbers: 10-2989, 10-2992, 10-2990
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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