2013 Eighth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1166
Date: December 31, 2013
Docket Number: 12-3494
Justia Opinion Summary: Plaintiff, an Arkansas Circuit Clerk, filed suit against Lenders, alleging that they used the Mortgage Electronic Registration System (MERS) to avoid paying recording fees on mortgage assignments and deprived Arkansas…
Date: December 30, 2013
Docket Number: 12-3972
Justia Opinion Summary: Defendant appealed his sentence and conviction of five counts including aggravated sexual abuse, interstate transportation of a minor with intent to engage in criminal sexual activity, and accessing child pornography.…
Date: December 30, 2013
Docket Number: 13-6048
Justia Opinion Summary: Debtors filed a chapter 13 bankruptcy petition. Prior to the petition, Collection Associates filed a collection suit against one of the debtors in Nebraska state court and obtained a judgment. On appeal, debtors…
Date: December 26, 2013
Docket Number: 12-1532
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against Jackson County, Missouri and employees in its detention center. On appeal, plaintiff challenged the dismissal of his First Amendment claims. The court concluded that…
Date: December 26, 2013
Docket Number: 12-3536
Justia Opinion Summary: Plaintiff filed suit against her former employer, Metro, alleging that her supervisor had sexually harassed her in violation of Title VII, 42 U.S.C. 2000e et seq. On appeal, plaintiff challenged the district court's…
Date: December 26, 2013
Docket Number: 12-3586
Justia Opinion Summary: Plaintiff pleaded guilty to rape and second-degree sexual abuse in Arkansas state court. After plaintiff petitioned for a writ of habeas corpus under 28 U.S.C. 2254, the district court dismissed the petition with…
Date: December 26, 2013
Docket Number: 12-4008
Justia Opinion Summary: Defendant challenged his third revocation proceeding, arguing that the district judge should have recused from the proceeding. The court concluded that defendant's 36-month sentence did not establish the judge's…
Date: December 23, 2013
Docket Number: 12-2050
Justia Opinion Summary: Defendant conditionally pled guilty to being a felon in possession of a firearm. On appeal, defendant challenged the district court's denial of his motion to suppress the firearm recovered from his vehicle during a…
Date: December 23, 2013
Docket Number: 12-3746
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to aiding and abetting the possession of more than 500 grams of methamphetamine with intent to distribute. The court concluded that the district court's denial of a…
Date: December 23, 2013
Docket Number: 13-6029
Justia Opinion Summary: Debtor appealed the bankruptcy court's order sustaining the trustee's objection to debtor's claimed exemption. Debtor had filed a petition for relief under Chapter 13 of the Bankruptcy Code and had claimed exempt, as a…
Date: December 19, 2013
Docket Number: 13-1343
Justia Opinion Summary: Cab Drivers filed suit against the city challenging Ordinance section 76-73, which regulates the number of taxicab permits in the city. The city's stated purpose for the ordinance was insufficient demand for taxicabs.…
Date: December 18, 2013
Docket Number: 12-3871
Justia Opinion Summary: Several shareholder-derivative lawsuits were filed across the country, including one in Delaware state court and in federal district court, after an investigative report detailed an alleged bribery scheme involving…
Date: December 17, 2013
Docket Number: 13-1427
Justia Opinion Summary: Plaintiff filed suit against his former employer, the Secretary of State, in his official capacity, and other state defendants. Plaintiff claimed race discrimination and retaliation under Title VII of the Civil Rights…
Date: December 16, 2013
Docket Number: 12-1853
Justia Opinion Summary: Movant, convicted of a drug offense, appealed the denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. On appeal, movant argued that he should have been afforded an evidentiary hearing…
Date: December 16, 2013
Docket Number: 13-1381
Justia Opinion Summary: Plaintiff filed suit against her supervisor, individually and in her official capacity as an employee of the Arkansas Department of Human Services, alleging that the supervisor violated the Family Medical Leave Act…
Date: December 13, 2013
Docket Number: 12-3401
Justia Opinion Summary: Defendant was convicted of five counts including conspiracy to distribute controlled substances (Count 1) and conspiracy to use and carry firearms in furtherance of a drug trafficking crime (Count 2). Defendant appealed.…
Date: December 13, 2013
Docket Number: 13-1383
Justia Opinion Summary: Defendant pled guilty to one count of transporting minors with intent to engage in unlawful sexual activity. Defendant appealed the district court's application of a vulnerable victim enhancement under U.S.S.G.…
Date: December 13, 2013
Docket Number: 13-1479
Justia Opinion Summary: The Bank appealed the district court's calculation of a deficiency judgment against Sunrise. Where, as here, the state's highest court has unambiguously articulated state law, the district court must apply it. Because…
Date: December 12, 2013
Docket Number: 11-3046
Justia Opinion Summary: Petitioner, convicted of two counts of capital murder and sentenced to death, appealed the denial of his petition for a writ of habeas corpus under 28 U.S.C. 2254. The court concluded that petitioner failed to…
Date: December 12, 2013
Docket Number: 12-2143
Justia Opinion Summary: CBP imposed almost $38 million in penalties against UP under the Tariff Act of 1930, 19 U.S.C. 1584(a)(2), after finding illegal drugs secreted on trains brought to the U.S. border by Ferromex or KCSM, both Mexican…
Date: December 12, 2013
Docket Number: 13-6022
Justia Opinion Summary: Plaintiff appealed the bankruptcy court's denial of a motion for relief from judgment under Federal Rule of Bankruptcy Procedure 9024 and Federal Rule of Civil Procedure 60. The bankruptcy appellate panel concluded that…
Date: December 11, 2013
Docket Number: 12-3164
Justia Opinion Summary: Petitioner and her husband, natives of the People's Republic of China, petitioned for review of the BIA's order denying their applications for asylum, withholding of removal, and relief under the Convention Against…
Date: December 9, 2013
Docket Number: 12-3330
Justia Opinion Summary: This case concerned a dispute involving certain equipment Dakota purchased from the Kloster division of Tromley. On appeal, Tromley appealed the district court's denial of its motion to compel arbitration. Because the…
Date: December 9, 2013
Docket Number: 12-3651
Justia Opinion Summary: Petitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision that he was ineligible for adjustment of status. The court concluded that the IJ and the BIA did not err in concluding that…
Date: December 9, 2013
Docket Number: 13-1122
Justia Opinion Summary: Defendant appealed his sentence and conviction for distribution and possession with intent to distribute cocaine. The court concluded that the district court properly denied defendant's motion to suppress evidence and…
Date: December 6, 2013
Docket Number: 12-3165
Justia Opinion Summary: Defendant challenged the validity of his guilty plea to drug and firearm offenses. The court concluded that defendant had not shown a reasonable probability that he would have declined to plead guilty, relinquished the…
Date: December 5, 2013
Docket Number: 13-6038
Justia Opinion Summary: Debtor appealed from the bankruptcy court's order denying sanctions against the Bank. Although the evidence suggested that the Bank could have been aware of debtor's personal bankruptcy filing, there was no evidence that…
Date: December 2, 2013
Docket Number: 12-3081
Justia Opinion Summary: Branden Mueller filed a complaint against BCI with the DOE alleging that BCI had terminated him after he complained about not being paid prevailing wages as required by the American Recovery and Reinvestment Act (ARRA),…
Date: December 2, 2013
Docket Number: 12-3507
Justia Opinion Summary: Plaintiffs filed suit against defendant to recover on a promissory note. On appeal, plaintiffs challenged the district court's grant of summary judgment in favor of defendant. The court concluded that, construing the…
Date: December 2, 2013
Docket Number: 12-3824
Justia Opinion Summary: Defendant appealed his sentence of 151 months imprisonment after pleading guilty to one count of burglary in the first degree in Indian country. The court concluded that, based on the violent home invasion and physical…
Date: November 29, 2013
Docket Number: 12-3159
Justia Opinion Summary: Plaintiff appealed the district court's denial of her motion for judgment on the record, affirming Liberty's termination of long-term disability benefits and dismissal of the complaint with prejudice. The policy provided…
Date: November 26, 2013
Docket Number: 13-6032
Justia Opinion Summary: Debtor appealed from the bankruptcy court's order granting creditor relief from the automatic stay to complete its foreclosure proceeding without a further hearing in debtor's case. The bankruptcy appellate panel…
Date: November 25, 2013
Docket Number: 13-1267
Justia Opinion Summary: Qwest appealed from the district court's order entered on remand from the court's decision in Qwest Corp. v. Minnesota Public Utilities Commission, 684 F3d 721 (8th Cir. 2012). In Qwest, the court held that the district…
Date: November 21, 2013
Docket Number: 12-3445
Justia Opinion Summary: Plaintiff filed suit against Farmers and American, insurance companies, for breach of contract and various state law violations, seeking recovery for additional loss. The court concluded that plaintiffs' claims for…
Date: November 21, 2013
Docket Number: 12-3941
Justia Opinion Summary: In an insurance coverage dispute between Macheca and Philadelphia, Macheca contended on appeal for a third time that damages were erroneously reduced by amounts it recovered from a separate insurance carrier, and that…
Date: November 21, 2013
Docket Number: 13-1812
Justia Opinion Summary: Defendant appealed his conviction for conspiracy to distribute or possess with intent to distribute marijuana. The court concluded that the district court did not err by refusing to give defendant's requested instruction…
Date: November 20, 2013
Docket Number: 12-3912
Justia Opinion Summary: Collateral to an ongoing divorce proceeding in Missouri state court, husband filed an identity theft tort claim in federal court under Mo. Rev. Stat. 570.223 against his wife. The district court dismissed the case for…
Date: November 20, 2013
Docket Number: 13-1019
Justia Opinion Summary: Defendant pled guilty to possessing with intent to distribute cocaine base, cocaine, and marijuana, and possessing a firearm in furtherance of drug trafficking. On appeal, defendant raised several challenges to his…
Date: November 19, 2013
Docket Number: 12-2899
Justia Opinion Summary: Petitioners, natives and citizens of Mexico, petitioned for review of the BIA's dismissal of their appeal from an IJ's order denying their motion to suppress evidence and terminate deportation proceedings. Petitioners…
Date: November 18, 2013
Docket Numbers: 12-3301, 12-3395
Justia Opinion Summary: Plaintiff filed suit against Riceland, alleging retaliatory discharge after being a witness in an internal investigation into a complaint about a manager. A jury subsequently awarded plaintiff approximately $60,000 in…
Date: November 18, 2013
Docket Number: 12-3528
Justia Opinion Summary: Plaintiffs filed suit against Darwin alleging that the insurance company breached its duty to defend and its implied duties of good faith and fair dealing under the policy at issue. On appeal, plaintiffs challenged the…
Date: November 18, 2013
Docket Number: 13-6043
Justia Opinion Summary: Debtors filed a motion requesting findings of contempt against Great Western. The bankruptcy court denied debtors' motion, concluding that there was no time frame within which the bank was required to file an amended UCC…
Date: November 18, 2013
Docket Numbers: 13-8031, 13-8032, 13-8033
Justia Opinion Summary: This case arose when groups of plaintiffs filed product liability actions against four manufacturers of transvaginal mesh devices, including Boston Scientific. Three groups filed similar motions proposing that the state…
Date: November 15, 2013
Docket Numbers: 02-3103, 11-3346
Justia Opinion Summary: Petitioner, convicted of capital murder and sentenced to death, appealed the district court's dismissal of his federal habeas petition. The district court did, however, grant a certificate of appealability on several…
Date: November 15, 2013
Docket Number: 13-1002
Justia Opinion Summary: Reyco appealed from the district court's grant of summary judgment for the Union and the district court's denial of its motion for summary judgment and request to vacate the arbitrator's award. At issue was Article XII,…
Date: November 14, 2013
Docket Numbers: 12-3170, 12-4032
Justia Opinion Summary: Plaintiffs are survivors of the victims who were murdered inside an apartment building owned by the landlords. A state court found that the landlords breached their landlord-tenant duty to provide security to the victims…
Date: November 14, 2013
Docket Number: 12-3482
Justia Opinion Summary: The Market sought a declaration that its employment separation agreement with defendant was invalid because defendant had altered the agreement and fraudulently induced the president of the Market to sign it. Defendant…
Date: November 14, 2013
Docket Number: 12-3842
Justia Opinion Summary: Plaintiff filed suit against her former supervisor and employer, the Department, for statutory and constitutional violations. The court concluded that it had jurisdiction over the supervisor's appeal where the supervisor…
Date: November 13, 2013
Docket Number: 12-2923
Justia Opinion Summary: Movant was convicted of aiding and abetting the robbery of a credit union, and aiding and abetting the use of a firearm during and in relation to the credit union robbery. On appeal, movant challenged the district…
Date: November 13, 2013
Docket Number: 12-3464
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm. On appeal, defendant challenged the district court's denial of his motion to withdraw his plea. The magistrate judge found that defendant effectively…
Date: November 13, 2013
Docket Number: 12-3887
Justia Opinion Summary: Plaintiff, her husband, and their jointly owned company filed suit under 42 U.S.C. 1983 against two employees of the Department (Hansen and Watkins), alleging violations of their due process rights. Plaintiffs argued,…
Date: November 13, 2013
Docket Number: 13-1508
Justia Opinion Summary: Plaintiff, driver of commercial motor vehicles, filed suit against Wal-Mart and others after he was injured when pallets fell onto him from a trailer. The court affirmed the district court's grant of summary judgment to…
Date: November 13, 2013
Docket Number: 13-6041
Justia Opinion Summary: Creditor appealed from the orders of the bankruptcy court denying his requests for relief from the automatic stay and for abstention and remand. The court held that the bankruptcy court properly denied creditor's request…
Date: November 7, 2013
Docket Number: 12-3383
Justia Opinion Summary: Plaintiff filed a civil rights action under federal and state law against members of the sheriff's office, including the arresting officer, after he was arrested on suspicion of violating a weapons possession statute. At…
Date: November 7, 2013
Docket Number: 12-3709
Justia Opinion Summary: Movant pleaded guilty to conspiracy to commit bank fraud and identity theft. On appeal, movant challenged the district court's denial of her motion under 28 U.S.C. 2255 challenging her sentence based on ineffective…
Date: November 7, 2013
Docket Number: 12-3732
Justia Opinion Summary: Defendant appealed his conviction for receiving child pornography. The credibility of the testimony at issue was for the jury, and the jury reasonably could have concluded that the government eliminated other potential…
Date: November 7, 2013
Docket Number: 12-3733
Justia Opinion Summary: Petitioner, a citizen of Indonesia, petitioned for review of the BIA's denial of his request for asylum and withholding of removal, as well as relief under the Convention Against Torture (CAT). The BIA adopted the IJ's…
Date: November 7, 2013
Docket Number: 13-1290
Justia Opinion Summary: Plaintiff was injured operating his employer's truck and came to a settlement with the tortfeasors. Then plaintiff and his wife filed suit against Continental for underinsured motorist (UIM) coverage in his employer's…
Date: November 5, 2013
Docket Number: 12-3601
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the Arkansas State Police and a state trooper, claiming that the trooper used excessive force when arresting him after a high-speed chase. The court affirmed the district…
Date: November 5, 2013
Docket Number: 13-1035
Justia Opinion Summary: Defendant pleaded guilty to laundering money and conspiring to distribute and possess with intent to distribute cocaine, heroin, and marijuana. The court concluded that the district court did not abuse its discretion by…
Date: November 4, 2013
Docket Number: 12-3555
Justia Opinion Summary: Debtors appealed the bankruptcy court's dismissal of their adversary proceeding. Citimortgage, a secured creditor, held a lien on debtors' primary residence and filed a claim and then debtors filed an objection urging…
Date: November 4, 2013
Docket Number: 13-1022
Justia Opinion Summary: Bruce Martin filed suit against CTB for negligent misrepresentation and breach of express warranty after the power sweeps it purchased from CTB did not work. The court concluded that it's decision in Dannix Painting, LLC…
Date: November 4, 2013
Docket Number: 13-1283
Justia Opinion Summary: Defendant pled guilty to conspiring to distribute more than fifty grams of cocaine base. On appeal, defendant challenged the district court's denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2), based…
Date: November 4, 2013
Docket Number: 13-6026
Justia Opinion Summary: Debtor filed Chapter 7 bankruptcy and claimed an annuity as exempt under 11 U.S.C. 522(b)(3)(C). The court agreed with the bankruptcy court's holding that the annuity owned by debtor qualified as an "individual…
Date: November 1, 2013
Docket Numbers: 12-1070, 12-1151
Justia Opinion Summary: In a prior appeal, the court held that Travelers was entitled to receive $10 million from a primary insurer who had obtained a larger judgment through subrogation litigation against a third party. In this instance, the…
Date: November 1, 2013
Docket Number: 12-1151
Date: October 31, 2013
Docket Number: 12-3564
Justia Opinion Summary: Plaintiff, the first African-American circuit court judge elected in Phillips County, Arkansas, filed suit under 42 U.S.C. 1983 against the commission and officials during the disciplinary proceedings against him. The…
Date: October 30, 2013
Docket Number: 13-1590
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. 922(g). The court concluded that possession of a short-barreled shotgun presented a serious…
Date: October 30, 2013
Docket Number: 13-1852
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to second-degree murder. The court concluded that the sentencing transcript showed that the district court made an individualized assessment and adequately explained…
Date: October 30, 2013
Docket Number: 13-6019
Justia Opinion Summary: Defendant appealed from orders of the bankruptcy court awarding judgments against him for intentional conversion of property, for costs of suit, and determining that the judgments were not discharged under 11 U.S.C.…
Date: October 28, 2013
Docket Number: 13-6042
Justia Opinion Summary: Debtor filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code. At issue on appeal was whether debtor had standing under Bankruptcy Code 522(h) to bring his action under Bankruptcy Code 545(2).…
Date: October 23, 2013
Docket Number: 11-2282
Justia Opinion Summary: Appellants appealed the district court's dismissal of all of their appeals concerning the purchase agreements to jointly-owned property and the underlying bankruptcy court orders. The property was owned by Sears Cattle…
Date: October 23, 2013
Docket Number: 12-1305
Justia Opinion Summary: Appellees made claims on AFY's bankruptcy estate in connection with the sale of appellees' former interests of AFY. Appellants claimed to be the only present shareholders of AFY. On appeal, appellants challenged the…
Date: October 22, 2013
Docket Number: 12-3131
Justia Opinion Summary: Defendant was convicted of two counts of bank robbery, two counts of using a firearm during a crime of violence, and one count of being a felon in possession of a firearm. The court concluded that the district court…
Date: October 22, 2013
Docket Number: 12-3332
Justia Opinion Summary: Defendant was convicted of willful misrepresentation but acquitted of bank fraud. The court concluded that there was sufficient evidence to convict defendant. As the district court's instructions fairly and adequately…
Date: October 21, 2013
Docket Number: 12-2804
Justia Opinion Summary: Buffets filed suit against U.S. Bank and BMO Harris Bank alleging, among other things, violations of the Uniform Fiduciaries Act (UFA), Minn. Stat. 520.01 et seq. The district court asserted jurisdiction on the ground…
Date: October 21, 2013
Docket Number: 13-1025
Justia Opinion Summary: Dannix, a commercial painting contractor, filed suit against SWC alleging that SWC negligently misrepresented that a certain paint product SWC sold was appropriate for a particular painting project. The court concluded…
Date: October 21, 2013
Docket Number: 13-6023
Justia Opinion Summary: Debtor filed a Chapter 13 bankruptcy petition and her case was converted to a Chapter 7 bankruptcy. On appeal, debtor challenged the bankruptcy court's order denying her motion to reopen her case to pursue an alleged…
Date: October 17, 2013
Docket Number: 12-3841
Justia Opinion Summary: Plaintiff and his parents filed suit against the District alleging violations of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 and 794a, and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.…
Date: October 16, 2013
Docket Number: 13-1292
Justia Opinion Summary: After plaintiff was arrested on suspicion of passing a forged $100 bill, she sued two police officers under 42 U.S.C. 1983. Plaintiff alleged that the officers violated her Fourth Amendment right against arrest without…
Date: October 15, 2013
Docket Number: 12-2979
Justia Opinion Summary: Plaintiff alleged that Bayer defrauded the United States government through its marketing and sale of the cholesterol-lowering drug Baycol. On appeal, plaintiff challenged the dismissal of the qui tam action she brought…
Date: October 11, 2013
Docket Number: 12-3903
Justia Opinion Summary: Defendant pled guilty to possessing a controlled substance with intent to distribute. On appeal, defendant challenged the district court's denial of his motion to suppress cocaine and other evidence found after a traffic…
Date: October 9, 2013
Docket Number: 12-2449
Justia Opinion Summary: Defendant appealed the district court's order denying her objection to the garnishment of her disability payments. The court concluded that defendant's disability payments were "earnings" within the meaning of the…
Date: October 4, 2013
Docket Number: 12-1616
Justia Opinion Summary: Petitioner, found guilty of second-degree felony murder and four counts of assaulting injured bystanders, appealed the district court's denial of his petition for a federal writ of habeas corpus. At issue was whether…
Date: October 3, 2013
Docket Number: 13-1340
Justia Opinion Summary: Defendant appealed her conviction for possession of methamphetamine with intent to distribute. The court concluded that the record showed that the trooper had probable cause necessary to make the traffic stop for…
Date: September 25, 2013
Docket Number: 12-2502
Justia Opinion Summary: Southern Wine filed suit challenging the Divisions' denial of its application for a license to sell liquor wholesale in Missouri. The Division denied the application because Southern Wine did not satisfy a residency…
Date: September 25, 2013
Docket Number: 12-2843
Justia Opinion Summary: After 15-year-old B.K. was barred from showing livestock at 4-H exhibitions, B.K.'s father filed suit under 42 U.S.C. 1983 against the unincorporated 4-H Association and two 4-H officials. The district court granted…
Date: September 24, 2013
Docket Number: 12-2524
Justia Opinion Summary: After plaintiff served 24 years in prison for murder, a Missouri court found that plaintiff's trial had been fundamentally unfair and ordered his release. Plaintiff then filed suit against the St. Louis Board of Police…
Date: September 24, 2013
Docket Number: 12-3716
Justia Opinion Summary: Plaintiffs filed suit against their former employer and others under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq. After the district court adopted the magistrate judge's recommended…
Date: September 23, 2013
Docket Numbers: 12-1844, 12-1961, 12-2331
Justia Opinion Summary: The State, in consolidated petitions for review, challenged the EPA's final rule approving in part and disapproving in part two state implementation plans (SIPs) submitted by the State to address its obligations under…
Date: September 23, 2013
Docket Number: 12-2487
Justia Opinion Summary: This case concerned the 2011 NFL lockout. Active NFL players filed a class action suit (Brady suit) against the NFL, alleging violations of the federal antitrust laws and other claims. Retired NFL players also filed suit…
Date: September 23, 2013
Docket Number: 12-3134
Justia Opinion Summary: The government appealed the district court's grant of defendant's motion for a new trial after he was found guilty of one count of conspiracy to launder money. The district court found that it committed two specific…
Date: September 23, 2013
Docket Number: 13-6039
Justia Opinion Summary: Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. On appeal, debtor challenged the bankruptcy court's order sustaining the Bank's objection to her claimed exemption in her 2000 Hyundai…
Date: September 20, 2013
Docket Number: 12-3450
Justia Opinion Summary: Plaintiff filed suit against the County and others after her son Johnny died from multiple drug intoxication while in the county jail. At issue on appeal was the district court's denial of qualified immunity on summary…
Date: September 19, 2013
Docket Number: 13-6013
Justia Opinion Summary: Debtor appealed from the order of the bankruptcy court finding his debt to Bank of America nondischargeable under 11 U.S.C. 523(a)(2) for fraud and section 523(a)(4) for embezzlement. Under section 523(a)(4), Southwest…
Date: September 18, 2013
Docket Number: 12-3162
Justia Opinion Summary: Plaintiff, a surgical technologist, filed suit against the hospital alleging racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and 42 U.S.C. 1981.…
Date: September 13, 2013
Docket Number: 12-3299
Justia Opinion Summary: Defendant appealed his conviction for using and maintaining a premises for the purpose of distributing and using a controlled substance. The court concluded that the evidence was sufficient to convict defendant and the…
Date: September 13, 2013
Docket Number: 13-6007
Justia Opinion Summary: The Government appealed the bankruptcy court's order denying its motion to approve its superpriority administrative expense claim under section 507(b) of Title 11 of the Bankruptcy Code; its motion for evidentiary…
Date: September 11, 2013
Docket Number: 12-2419
Justia Opinion Summary: Plaintiff, a self-described "professing Evangelical Christian," distributed Bibles at the Twin Cities Pride Festival for many years in an exhibitor's booth but in 2009, Twin Cities Pride denied plaintiff's application…
Date: September 10, 2013
Docket Numbers: 12-1931, 12-2058
Justia Opinion Summary: Plaintiff filed suit under 1983 alleging that police officers violated his constitutional rights by arresting him in his home without first obtaining a warrant to do so. The court concluded that plaintiff demonstrated…
Date: September 10, 2013
Docket Number: 12-2202
Justia Opinion Summary: Mortgagors appealed the district court's grant of judgment on the pleadings to their lenders in a dispute regarding a home loan. At issue on appeal was whether mailing a notice of rescission within three years of…
Date: September 10, 2013
Docket Number: 12-2224
Justia Opinion Summary: Plaintiff and his wife appealed the denial of his application for Medicaid benefits, arguing that the Department wrongfully denied the application because it had improperly counted against the wife's eligibility an…
Date: September 10, 2013
Docket Number: 12-4043
Justia Opinion Summary: Defendant was indicted for possession with intent to distribute five grams or more of methamphetamine. On appeal, the government challenged the district court's grant of defendant's motion to suppress evidence seized…
Date: September 9, 2013
Docket Number: 12-1725
Justia Opinion Summary: Appellant formed RJT Investments X, LLC and began acting as RJT's tax matters partner. Thompson, later that year, entered into an illegal "Son-of-BOSS" tax shelter transaction using RJT in order to offset capital gains…
Date: September 9, 2013
Docket Number: 12-2874
Justia Opinion Summary: Defendant appealed his convictions stemming from charges related to his participation in a scheme to steal checks and credit cards. The court concluded that defendant could not challenge on appeal the district court's…
Date: September 6, 2013
Docket Number: 10-3462
Justia Opinion Summary: Defendant was convicted of the interstate kidnap, rape, and murder of a sixteen-year-old. On appeal, defendant challenged the denial of his motion to vacate, set aside, or correct his sentence of death under 28 U.S.C.…
Date: September 6, 2013
Docket Numbers: 12-1352, 12-1434
Justia Opinion Summary: This case concerned the struggle for control of a family business, the Pittman Nursery Corporation (PNC). The district court ruled that Hortica, insurer for PNC, had a duty to defend three of the five lawsuits at issue.…
Date: September 6, 2013
Docket Number: 12-1434
Date: September 5, 2013
Docket Number: 12-3272
Justia Opinion Summary: The Unions filed a grievance against Alcan, claiming that Alcan violated a collective bargaining agreement. On appeal, the Unions challenged the district court's order vacating the arbitrator's award of severance pay.…
Date: September 5, 2013
Docket Number: 12-3381
Justia Opinion Summary: Plaintiffs filed a putative class action suit against CMH Homes, Vanderbilt and others in state court. The companies subsequently filed a petition in the district court alleging that plaintiffs' claims were subject to…
Date: September 4, 2013
Docket Number: 12-1506
Justia Opinion Summary: This case arose when DocMagic, provider of mortgage loan document preparation software, filed various claims against Lenders One, provider of mortgage products and services, stemming from the parties' service contract…
Date: September 4, 2013
Docket Number: 12-3129
Justia Opinion Summary: Plaintiff filed suit against Trinity alleging wrongful termination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq.; Title VII of the Civil Rights Act, 42 U.S.C. 2000e-1 et seq.; the…
Date: September 4, 2013
Docket Number: 12-3206
Justia Opinion Summary: Relators brought a qui tam action under the False Claims Act (FCA), 31 U.S.C. 3729(a)(1)(A) and (B), alleging that the Mayo Foundation and others billed Medicare for surgical pathology services it did not provide. The…
Date: September 3, 2013
Docket Number: 12-3415
Justia Opinion Summary: Defendant appealed the district court's denial of his motion to withdraw his guilty plea after he pleaded guilty to drug offenses. The court concluded that defendant's misunderstanding that he was guaranteed the ability…
Date: September 3, 2013
Docket Number: 12-3886
Justia Opinion Summary: Plaintiff, an Iowa citizen with a home health care business, merged his business with other home health care providers to form Auxi, Inc., a Delaware corporation. After the merger, ACS acquired control of Auxi and then…
Date: August 30, 2013
Docket Number: 12-1720
Justia Opinion Summary: The M/V Julie White, a towboat owned by Artco, was pushing four barges on the river when the barges separated from the towboat and allided with Lock and Dam 25. The barges then sank. After Artco salvaged and removed the…
Date: August 30, 2013
Docket Number: 12-3090
Justia Opinion Summary: ABF filed suit against defendants alleging a violation of a collective bargaining agreement (CBA). On appeal, ABF challenged the district court's grant of defendants' motion to dismiss under Rule 12(b)(6). ABF contended…
Date: August 30, 2013
Docket Numbers: 12-3161, 12-3252
Justia Opinion Summary: Plaintiffs, Cynthia and Alan Roers, filed suit against Countrywide and others after Countrywide initiated foreclosure proceedings on the ranch property they owned. The court concluded that fact questions existed as to…
Date: August 30, 2013
Docket Number: 12-3565
Justia Opinion Summary: Plaintiffs, two laborers, filed suit against their employer, ConAgra Foods, alleging that ConAgra violated the Fair Labor Standards Act (FLSA), 29 U.S.C. 216(b), by failing to compensate them and others similarly…
Date: August 29, 2013
Docket Number: 12-1752
Justia Opinion Summary: The EPA filed suit under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq. against Land O'Lakes, alleging that Land O'Lakes was responsible for cleanup…
Date: August 29, 2013
Docket Number: 12-1887
Date: August 29, 2013
Docket Number: 12-1889
Date: August 29, 2013
Docket Number: 13-6037
Justia Opinion Summary: After defendants, Wendell O. Maness and Carolyn H. Maness, filed for bankruptcy, Legendary Stone sought a determination from the bankruptcy court that the indebtedness due from Top Shop, the company defendants owned, was…
Date: August 28, 2013
Docket Numbers: 12-2984, 12-3894
Justia Opinion Summary: Plaintiff filed suit under the False Claims Act, 31 U.S.C. 3729-3733, on behalf of the United States, against the City, alleging that the City obtained grants from HUD by falsely certifying compliance with Section 3 of…
Date: August 28, 2013
Docket Number: 12-3250
Justia Opinion Summary: Plaintiff filed suit alleging sex and race discrimination, retaliation, and sex and race harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and retaliation in violation of the…
Date: August 28, 2013
Docket Number: 12-3436
Justia Opinion Summary: Defendant appealed his conviction on five counts of making a false claim for a tax refund on January 9, 2009; making a false claim for a tax refund on March 27, 2009; uttering a forged treasury check on March 9, 2009;…
Date: August 28, 2013
Docket Number: 12-3734
Justia Opinion Summary: Plaintiff filed suit against his employer (Nichols) for breach of the Collective Bargaining Agreement (CBA) and against his union for breach of its duty of fair representation. Plaintiff alleged that Nichols breached the…
Date: August 27, 2013
Docket Number: 12-2821
Justia Opinion Summary: Defendant appealed his conviction of four counts of making false claims against the United States. The court concluded that the district court did not err by not conducting a third Faretta inquiry where defendant had the…
Date: August 27, 2013
Docket Number: 12-3080
Justia Opinion Summary: Defendant was convicted of wire fraud, money laundering, and making false statements to the United States Probation Office. On appeal, defendant argued that the district court erred at trial in admitting certain evidence…
Date: August 27, 2013
Docket Number: 12-3468
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute methamphetamine and distribution of methamphetamine. Defendant appealed her conviction and sentence. The court concluded that the evidence was sufficient to convict…
Date: August 26, 2013
Docket Number: 12-2129
Justia Opinion Summary: Plaintiff, aged 76, filed suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq, and state law, contending that Securitas fired him because of his age. Plaintiff cited evidence that prior to…
Date: August 26, 2013
Docket Number: 12-3543
Justia Opinion Summary: Defendant appealed his sentence stemming from his conviction for conspiring to manufacture and distribute at least 50 grams of actual methamphetamine and 500 grams of meth mixture or substance. The court concluded that…
Date: August 26, 2013
Docket Number: 12-3859
Justia Opinion Summary: Defendant appealed his conviction for being a felon in possession of a firearm. The court concluded that even if the district court abused its discretion in restricting the cross-examination of a witness, any error was…
Date: August 23, 2013
Docket Number: 12-3876
Justia Opinion Summary: Plaintiff appealed the denial of his application for Social Security disability benefits and supplemental security income. The court concluded that the ALJ erred in determining plaintiff's residual functional capacity as…
Date: August 22, 2013
Docket Number: 11-3616
Justia Opinion Summary: WFC challenged the district court's holding that WFC was not entitled to a tax refund for a capital loss it claimed as a result of a complex transaction involving the transfer of leases and the sale of stock. WFC argued…
Date: August 21, 2013
Docket Number: 13-6016
Justia Opinion Summary: Plaintiff appealed the bankruptcy court's finding that her student loan obligations to NCT and its loan servicer were nondischargeable. The bankruptcy appellate panel (BAP) concluded that the record revealed that…
Date: August 21, 2013
Docket Number: 13-6031
Justia Opinion Summary: In this case, the parties disagreed about the nature of their dissolution agreement after one of them experienced a change in circumstances. Patriot Coal and Heritage Coal sought declaratory relief under 28 U.S.C. 2201…
Date: August 20, 2013
Docket Numbers: 12-2111, 12-2447, 12-2203, 12-2503
Justia Opinion Summary: In these consolidated cases, the court addressed the Board's finding that RELCO unlawfully discharged eight workers for engaging in protected labor activity and RELCO's subsequent challenge to the Board's composition.…
Date: August 20, 2013
Docket Numbers: 12-3077, 12-3078
Justia Opinion Summary: Appellants, owners and/or managers of Big Drive Cattle, LLC, appealed the district court's dismissal of their counterclaims against Farm Credit. Big Drive executed various promissory notes and loan agreements with Farm…
Date: August 19, 2013
Docket Numbers: 12-1947, 12-2012
Justia Opinion Summary: Plaintiffs filed suit against defendants alleging claims under, inter alia, the Truth in Lending Act (TILA), as amended by the Home Ownership Equity Protection Act, 15 U.S.C. 1602 et seq. Defendants are persons and…
Date: August 16, 2013
Docket Number: 12-2835
Justia Opinion Summary: Defendant appealed his conviction for food-stamp fraud by giving cash back on a purchase with a USDA Electronics Benefit Transfer (EBT) food-stamp card. The court concluded that it was unnecessary to decide whether…
Date: August 16, 2013
Docket Number: 12-3017
Justia Opinion Summary: Plaintiffs filed suit against the city alleging that the city's zoning scheme violated the First and Fourteenth Amendments. The court concluded that the zoning ordinances at issue were content-neutral, time, place and…
Date: August 16, 2013
Docket Number: 12-3275
Justia Opinion Summary: Plaintiff filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., alleging that the VA negligently withheld benefits. Determining that the court had jurisdiction under 28 U.S.C. 1291, the court…
Date: August 15, 2013
Docket Number: 12-3960
Justia Opinion Summary: Defendant conditionally pleaded guilty to two counts of possessing child pornography and subsequently appealed the district court's rulings. The court concluded that defendant's Fourth Amendment rights were not violated…
Date: August 13, 2013
Docket Number: 12-3520
Justia Opinion Summary: Defendant pleaded guilty to possession with intent to distribute marijuana and possession of a firearm in furtherance of a drug trafficking offense. On appeal, defendant challenged the district court's denial of his…
Date: August 9, 2013
Docket Number: 12-3417
Justia Opinion Summary: This case arose when the IRS gave Fred Bame an erroneous tax refund of over $500,000. After Fred died and the government was unable to collect from his estate, the government filed suit against his ex-wife and two…
Date: August 8, 2013
Docket Number: 12-2698
Justia Opinion Summary: Plaintiffs filed suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001-1461, alleging that defendants violated ERISA when defendants, realizing that they had paid plaintiffs excess…
Date: August 8, 2013
Docket Number: 12-2828
Justia Opinion Summary: After a patient's death, the patient's family sued the VA for medical malpractice. The VA settled with the family and determined that the settlement was "for the benefit of" plaintiff, who was a treating physician.…
Date: August 8, 2013
Docket Number: 12-2955
Justia Opinion Summary: Plaintiff filed suit under Titles I and V of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq., against his employer and various state employees, alleging that defendants retaliated against him…
Date: August 8, 2013
Docket Number: 12-3687
Justia Opinion Summary: Defendant was acquitted of sexual abuse of an incapacitated person but convicted of kidnapping. On appeal, defendant argued that his acquittal on the sexual abuse count required an acquittal on the kidnapping count as a…
Date: August 8, 2013
Docket Numbers: 13-6005, 13-6006
Justia Opinion Summary: These consolidated appeals concerned a home previously owned by debtor. On appeal, the Trustee challenged the bankruptcy court's order holding that he recover nothing from defendants on his action to avoid a transfer…
Date: August 8, 2013
Docket Number: 13-6010
Justia Opinion Summary: Debtor appealed the bankruptcy court's order allowing a claim filed by the DHHS as a priority debt in the nature of a domestic support obligation. The court affirmed the judgment, concluding that the debt owed to DHHS…
Date: August 7, 2013
Docket Number: 12-2569
Justia Opinion Summary: Residential filed suit against Terrace alleging breach of contract when Terrace refused to repurchase loans Residential purchased from Terrace. The court rejected, under Minnesota law, Terrace's argument that the…
Date: August 6, 2013
Docket Numbers: 11-1232, 11-1513
Justia Opinion Summary: Defendant was convicted of conspiracy to commit mail and wire fraud and conspiracy to commit tax fraud. On appeal, the government challenged defendant's sentence as substantively unreasonable and defendant…
Date: August 6, 2013
Docket Numbers: 12-1788, 12-1790, 12-1791, 12-2009
Justia Opinion Summary: Defendants were convicted of charges stemming from a series of attempted robberies and the robbery of an armored car service. Defendants appealed their convictions and Defendant Gilbert appealed his sentence. The court…
Date: August 6, 2013
Docket Number: 12-1971
Justia Opinion Summary: Defendant appealed his sentence stemming from his plea of guilty to one count of abusive sexual contact with a child. At issue was whether defendant received ineffective assistance of counsel when his attorney failed to…
Date: August 6, 2013
Docket Number: 12-2489
Justia Opinion Summary: Petitioner and his family, Kenyan citizens, petitioned for review of the BIA's order denying them asylum and withholding of removal. The court held that Mungiki defectors constituted a "particular social group" and that…
Date: August 6, 2013
Docket Number: 12-3350
Justia Opinion Summary: Plaintiffs, four former inmates, filed suit under 42 U.S.C. 1983, seeking monetary and injunctive relief for detention beyond their release dates. The court affirmed the district court's grant of qualified immunity to…
Date: August 5, 2013
Docket Number: 12-1986
Justia Opinion Summary: This appeal stemmed from a dispute between the Union and Carlisle over the arbitrability of a grievance concerning disability benefits. The district court granted summary judgment in favor of Carlisle and denied the…
Date: August 5, 2013
Docket Number: 12-2643
Justia Opinion Summary: Defendant appealed his convictions and sentences stemming from drug-related charges. Defendant's counsel raised numerous issues on appeal and defendant raised additional issues in a pro se supplemental brief. The court…
Date: August 5, 2013
Docket Numbers: 12-2663, 12-2791
Justia Opinion Summary: Petitioner, the father, sought the return of his children to Peru under the Hague Convention on the Civil Aspects of International Child Abduction, and its implementing legislation, the International Child Abduction…
Date: August 5, 2013
Docket Number: 12-2871
Justia Opinion Summary: Defendant, an enrolled member of the Turtle Mountain Band of the Chippewa Indians, entered into a satellite television contract with DISH but used his daughter's credit card to open his account. After defendant stopped…
Date: August 5, 2013
Docket Number: 12-2953
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that a detective submitted a false statement of probable cause to secure a warrant for his arrest and that an assistant county attorney approved the warrant application…
Date: August 5, 2013
Docket Number: 12-2982
Justia Opinion Summary: Novus appealed the district court's refusal to enforce a non-compete clause against a franchisee as part of a preliminary injunction which prohibited the franchisee from using Novus's marks and products in his automotive…
Date: August 5, 2013
Docket Number: 12-3082
Justia Opinion Summary: Defendant appealed the district court's denial of his motion to suppress evidence from a search that led to his arrest for drug and firearm possession charges, and motion for a hearing to challenge the truthfulness of…
Date: August 5, 2013
Docket Number: 12-3193
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against St. Louis police officers for, inter alia, arresting her on false charges and conspiring to hide it. The court concluded that the record was sufficient for a reasonable…
Date: August 5, 2013
Docket Number: 12-3616
Justia Opinion Summary: Defendant entered a conditional plea of guilty to a charge of failing to update his registration after he moved from Missouri to the Philippines under the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C.…
Date: August 2, 2013
Docket Numbers: 12-2790, 12-2797
Justia Opinion Summary: Plaintiff filed putative class actions under the Electronic Fund Transfer Act (EFTA), 15 U.S.C. 1693, alleging that Mutual First and First National violated the Act because defendants' ATM machines did not have "on…
Date: August 2, 2013
Docket Number: 12-2893
Justia Opinion Summary: Defendant appealed the district court's denial of his 28 U.S.C. 2255 motion for post-conviction relief, arguing that the district court used an incorrect standard to evaluate the effect of the Government's alleged use of…
Date: August 2, 2013
Docket Number: 12-2946
Justia Opinion Summary: Voters filed suit against Officials challenging the process by which Officials confirmed the eligibility of voters who register on election day (election day registrants or EDRs). Voters also challenged a provision of…
Date: August 2, 2013
Docket Number: 13-1134
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the County after a jail operated by the County failed to provide him with necessary anti-seizure medication while he was incarcerated. In this instance, plaintiff…
Date: August 1, 2013
Docket Number: 12-2219
Justia Opinion Summary: Petitioner challenged the BIA's order denying his motion to terminate deportation proceedings. The court denied the petition for review, concluding that petitioner's conviction of witness tampering in violation of…
Date: August 1, 2013
Docket Number: 12-2822
Justia Opinion Summary: PETCO sought a declaration that ICNA had to defend and indemnify PETCO in an underlying litigation with Medtronic. Medtronic sued PETCO after an aquarium heater it had purchased from PETCO malfunctioned and started a…
Date: August 1, 2013
Docket Number: 12-2948
Justia Opinion Summary: Defendant pleaded guilty to five counts of distribution of cocaine base and subsequently appealed his conviction. The court concluded that the incorrect date on the warrant was a "technicality issue" that did not…
Date: August 1, 2013
Docket Number: 13-6003
Justia Opinion Summary: Trustee filed an adversary complaint against Scarlett & Gucciardo to avoid as a preferential transfer under 11 U.S.C. 547, and recover under 11 U.S.C. 550, the $65,000 payment Scarlett & Gucciardo had received from…
Date: July 31, 2013
Docket Number: 10-1304
Justia Opinion Summary: Appellant, convicted of robbing a bank and killing a bank security guard, appealed the district court's Federal Rule of Civil Procedure 59(e) motion to alter or amend the district court's judgment. The court rejected…
Date: July 31, 2013
Docket Number: 12-1599
Justia Opinion Summary: Lexington sought a declaration that it owed Integrity neither coverage nor defenses under an errors and omissions (E&O) insurance policy. Fidelity intervened and subsequently moved for a stay. The court concluded that…
Date: July 31, 2013
Docket Number: 12-3011
Justia Opinion Summary: Plaintiff, a truck driver for Red Racks, which was operated by DAV, filed suit under section 306 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) Technical Corrections Act (TCA), Pub.…
Date: July 31, 2013
Docket Number: 12-3092
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to manufacture marijuana. On appeal, defendant challenged the district court's denial of his motion to suppress evidence. The court concluded that the strip of grass and weeds on…
Date: July 31, 2013
Docket Number: 12-3426
Justia Opinion Summary: Plaintiff filed suit against defendants, the city and four officers, alleging, among other things, Fourth Amendment excessive force violations of 42 U.S.C. 1983; and violations of the Americans with Disabilities Act of…
Date: July 30, 2013
Docket Number: 12-2661
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 alleging that the deputy sheriff used excessive force against him. The court concluded that precedent in place at the time of this incident suggested that the presence of only de…
Date: July 30, 2013
Docket Number: 12-3396
Justia Opinion Summary: Plaintiff appealed the denial of his application for social security disability insurance benefits. The court concluded that the ALJ met his duty to fully and fairly develop the record; the district court correctly…
Date: July 29, 2013
Docket Numbers: 12-1525, 12-1526
Justia Opinion Summary: Defendants appealed their convictions for 44 counts of fraudulent behavior relating to theft of government funds, filing of their personal taxes, and actions they took as paid tax preparers. The court concluded that…
Date: July 29, 2013
Docket Number: 12-2170
Justia Opinion Summary: Plaintiffs filed suit against the Cafe and its owner and manager for willfully violating the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. 201 et seq. On appeal, defendants challenged the district court's denial of…
Date: July 29, 2013
Docket Number: 12-2780
Justia Opinion Summary: This case stemmed from the SEC's civil enforcement action against former infoUSA financial officers, including defendant. A jury found that defendant violated various securities laws and the district court imposed…
Date: July 29, 2013
Docket Number: 12-3091
Justia Opinion Summary: Plaintiff appealed the denial of his application for disability benefits and supplemental security income (SSI). The court concluded that the ALJ did not err in discounting the most severe subjective complaints of pain…
Date: July 29, 2013
Docket Number: 12-3430
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and subsequently appealed his sentence. The court concluded that the district court did not clearly err in imposing an enhancement for 37 firearms…
Date: July 29, 2013
Docket Number: 12-3577
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession and subsequently appealed his sentence. The court concluded that the district court did not err in granting an upward departure under U.S.S.G. 4A1.3(a) where a…
Date: July 26, 2013
Docket Number: 11-3886
Justia Opinion Summary: Petitioner, convicted of two counts of statutory sodomy against two children, appealed the denial of habeas relief. The court concluded that petitioner failed to find support in the record to overcome the presumption…
Date: July 26, 2013
Docket Number: 12-3487
Justia Opinion Summary: Petitioner appealed the district court's denial of his motion to appoint counsel to represent him in his petition for a writ of habeas corpus under 28 U.S.C. 2254. The court joined its sister circuits and held that an…
Date: July 25, 2013
Docket Numbers: 12-1075, 12-1091
Justia Opinion Summary: After the district court awarded plaintiff and her husband damages for an injury she sustained as a result of a clothing rack breaking free from a wall at Dillard's department store and striking her in the shoulder,…
Date: July 25, 2013
Docket Number: 12-1959
Justia Opinion Summary: Defendant appealed his sentence and conviction of two counts of aggravated sexual abuse of a child. The court concluded that, even if it was error for the government to admit defendant's pre-arrest, pre-Miranda…
Date: July 25, 2013
Docket Numbers: 12-2413, 12-2418
Justia Opinion Summary: Plaintiffs ("Parents") filed suit against Educators seeking a declaratory judgment that the Arkansas Public School Choice Act of 1989, Ark. Code Ann. 6-18-206(f)(1), violated the Equal Protection Clause and an injunction…
Date: July 25, 2013
Docket Number: 12-3265
Justia Opinion Summary: Plaintiff appealed the denial of supplemental security income (SSI) benefits. Applying a deferential standard of review, the court held that substantial evidence supported the ALJ's finding that plaintiff did not meet…
Date: July 24, 2013
Docket Numbers: 12-1112, 12-1113
Justia Opinion Summary: Plaintiffs filed suit against the District alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 706 and 794a. Plaintiffs'…
Date: July 24, 2013
Docket Numbers: 12-1507, 12-2246
Justia Opinion Summary: Defendant Calhoun appealed her conviction of two counts of conspiracy to commit access device fraud and aggravated identity theft and making false statements to investigators. Calhoun's convictions stemmed from her…
Date: July 24, 2013
Docket Number: 12-1846
Justia Opinion Summary: Plaintiff challenged the district court's denial of his motion for judgment as a matter of law, or in the alternative, for a new trial. Plaintiff sued defendant for the injuries he sustained during a traffic accident.…
Date: July 23, 2013
Docket Number: 12-2739
Justia Opinion Summary: In an insurance coverage dispute with a policyholder, Cincinnati appealed the district court's adverse summary judgment rulings. The policyholder sought a claim of total loss for a vertical lathe that it purchased from a…
Date: July 22, 2013
Docket Numbers: 11-3255, 11-3256, 11-3257, 11-3258, 11-3318
Justia Opinion Summary: Defendants appealed their convictions for conspiring to distribute five kilograms or more of cocaine. Defendants Dunn, Westbrook, and Moore also appealed their convictions for using a communication facility to facilitate…
Date: July 22, 2013
Docket Numbers: 12-2525, 12-3612
Justia Opinion Summary: Petitioner, a native and citizen of Guinea, petitioned for review of the BIA's denial of his claim for asylum based on the untimeliness of his application. The court concluded that the BIA did not commit legal error…
Date: July 22, 2013
Docket Number: 12-2671
Justia Opinion Summary: Plaintiff filed suit against the OHA after she was terminated. At issue on appeal was whether plaintiff's appeal must be dismissed for failure to order the necessary portions of a trial transcript. Plaintiff ordered the…
Date: July 22, 2013
Docket Number: 12-2818
Justia Opinion Summary: Defendant appealed his conviction of 65 counts of mail fraud for collecting proceeds from the milling of pine saw logs that he diverted from their intended mill. The court affirmed the judgment, concluding that the…
Date: July 22, 2013
Docket Number: 12-3533
Justia Opinion Summary: A jury found defendant guilty of the crime of using a firearm during and in relation to a drug trafficking crime. The district court sentenced defendant to 300 months' imprisonment, to be served consecutively to a…
Date: July 19, 2013
Docket Numbers: 12-1748, 12-1833
Justia Opinion Summary: Plaintiffs filed suit against their former employer alleging retaliatory termination after plaintiffs filed grievances against their supervisor. A jury found that the employer did retaliate against plaintiffs and awarded…
Date: July 19, 2013
Docket Number: 12-2022
Justia Opinion Summary: Plaintiff brought this action alleging that a correctional officer and a lieutenant at the jail in which plaintiff was detained violated plaintiff's constitutional rights by failing to protect him from being attacked by…
Date: July 19, 2013
Docket Number: 12-2384
Justia Opinion Summary: Plaintiff appealed the bankruptcy court's imposition of sanctions on her for making factually unsupported and harassing statements in documents filed with the court. The court concluded that Federal Rule of Bankruptcy…
Date: July 19, 2013
Docket Number: 12-2468
Justia Opinion Summary: Plaintiff sued her former employer alleging violations of her rights under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq. The employer believed that plaintiff suffered from a serious health condition and…
Date: July 18, 2013
Docket Number: 12-1779
Justia Opinion Summary: Plaintiff appealed the denial of her application for Social Security disability benefits, disability insurance benefits, and supplemental security income. The court concluded that substantial evidence supported the ALJ's…
Date: July 18, 2013
Docket Number: 12-2983
Justia Opinion Summary: Plaintiff filed suit against defendant, the deputy sheriff that had arrested him, alleging excessive force and false arrest under the Fourth and Fourteenth Amendments and 42 U.S.C. 1983. The district court found that…
Date: July 18, 2013
Docket Number: 12-3259
Justia Opinion Summary: Defendant appealed his conviction by a jury of conspiracy to distribute 280 grams or more of crack cocaine. The court affirmed, concluding that the district court did not abuse its discretion in denying the request for a…
Date: July 18, 2013
Docket Number: 12-3588
Justia Opinion Summary: Defendant appealed his sentence stemming from his plea of guilty to conspiring to manufacture fifty grams or more of methamphetamine. The court affirmed the sentence, concluding that the district court did not clearly…
Date: July 18, 2013
Docket Number: 12-3855
Justia Opinion Summary: Defendant appealed his sentence and conviction for three counts of arson. The court affirmed the conviction and sentence, concluding that the district court did not abuse its discretion by admitting the prior-acts…
Date: July 17, 2013
Docket Number: 12-2622
Justia Opinion Summary: Defendant appealed his conviction for unlawful possession of a firearm as a previously convicted felon. The court affirmed, concluding that there was sufficient evidence to support the jury's finding that defendant was…
Date: July 17, 2013
Docket Number: 12-3491
Justia Opinion Summary: The government appealed the district court's exclusion into evidence of an audio recording of a telephone conversation between defendant, charged with sexual abuse of a minor, and his mother where defendant admitted his…
Date: July 17, 2013
Docket Number: 12-3573
Justia Opinion Summary: Defendant appealed his conviction for conspiring to manufacture and distribute 50 grams or more of actual methamphetamine, and possession of pseudoephedrine with intent to manufacture a controlled substance. The court…
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