2013 Eighth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1166
Date: July 16, 2013
Docket Number: 12-3521
Justia Opinion Summary: After the parties failed to negotiate a franchise renewal agreement, Home Instead filed a declaratory judgment action against Friend. Friend subsequently filed this interlocutory appeal after the district court denied…
Date: July 16, 2013
Docket Number: 13-6009
Justia Opinion Summary: Debtor appealed a bankruptcy court order holding that the funds in his health savings account (HSA) were not excluded from the bankruptcy estate pursuant to 11 U.S.C. 541(b)(7)(A)(ii) and were not exempt. The bankruptcy…
Date: July 15, 2013
Docket Number: 12-2945
Justia Opinion Summary: In this product liability suit against the manufacturers of the prescription drug Reglan and its generic equivalent (metoclopramide), plaintiff appealed the district court's adverse grant of summary judgment to Brand…
Date: July 15, 2013
Docket Number: 12-3141
Justia Opinion Summary: Plaintiffs, Minnesota homeowners represented by the same counsel, brought thirteen separate claims against defendants, nearly all of which rested on a "show me the note" theory. The district court granted defendants'…
Date: July 12, 2013
Docket Numbers: 11-3878, 12-1053
Justia Opinion Summary: Plaintiffs in these consolidated appeals brought claims under the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq., related to their mortgage transactions. The court held that to accomplish rescission within the…
Date: July 12, 2013
Docket Number: 12-3419
Justia Opinion Summary: Defendant appealed his sentence and conviction for being a felon in possession of a firearm, arguing that the district court abused its discretion in not granting a mistrial and that the district court erred in…
Date: July 12, 2013
Docket Number: 12-3448
Justia Opinion Summary: Debtors filed a Chapter 13 bankruptcy petition and later, in an amended schedule, claimed as exempt an unliquidated personal injury claim. On appeal, debtors challenged the Bankruptcy Appellate Panel's (BAP) decision…
Date: July 12, 2013
Docket Number: 12-3563
Justia Opinion Summary: Parents appealed from the district court's grant of summary judgment in favor of defendant, arguing that the district court erred in concluding that the antenuptial agreement between their son and his then-wife, Kathy L.…
Date: July 12, 2013
Docket Number: 12-3744
Justia Opinion Summary: Petitioner sought authorization to file a successive 28 U.S.C. 2255 motion, asserting that Miller v. Alabama announced a new rule that applied retroactively. Miller held that a sentencing scheme that required a sentence…
Date: July 12, 2013
Docket Number: 13-2047
Justia Opinion Summary: Plaintiffs filed a putative class action in Missouri state court against Walgreens seeking damages related to Walgreens' alleged practice of coding its web pages to cause tracking codes or "flash cookies" to be…
Date: July 11, 2013
Docket Numbers: 11-3437, 12-1941, 12-1949, 13-1200
Justia Opinion Summary: These consolidated appeals involved defendant's direct appeal of his convictions and his appeal of the dismissal of the motions pertaining to a criminal forfeiture count and an in rem civil action. The court held that…
Date: July 11, 2013
Docket Number: 12-2968
Justia Opinion Summary: Defendant appealed his conviction for receiving child pornography, enticement of a minor to engage in illicit sexual activities, and production of child pornography. The court concluded that the district court did not…
Date: July 11, 2013
Docket Number: 12-3212
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm and appealed the district court's denial of his motion to suppress. The court concluded that the district court did not err when it determined that the…
Date: July 11, 2013
Docket Numbers: 12-3893, 12-3956
Justia Opinion Summary: Defendants, brothers Mathew and Timothy, appealed their convictions related to their participation in Social Security fraud. The court concluded that the government presented sufficient evidence for a reasonable jury to…
Date: July 9, 2013
Docket Numbers: 12-2370, 12-2686, 12-3049
Justia Opinion Summary: In each of these consolidated cases, JPMorgan attempted to use the Arkansas Statutory Foreclosure Act (SFA), Ark. Code Ann. 18-50-101 - 18-50-117, to foreclose on the borrower's home. At issue was whether a national…
Date: July 9, 2013
Docket Number: 12-2542
Justia Opinion Summary: Defendant appealed his conviction and sentence stemming from his robbery of the same bank twice within a sixteen-day period. The court concluded that the district court properly denied defendant's motion to suppress his…
Date: July 9, 2013
Docket Number: 12-3093
Justia Opinion Summary: Petitioner, a citizen of Tunisia and a lawful permanent resident of the United States, petitioned for review of the BIA's order finding him removable because his July 2010 conviction for violating a Kansas drug…
Date: July 8, 2013
Docket Number: 11-3490
Justia Opinion Summary: Plaintiff, a manufacturer of various personal care, household, and organic products, filed an action seeking a declaratory judgment that it did not breach its contract with defendants. On remand from the court, the…
Date: July 8, 2013
Docket Number: 12-6061
Justia Opinion Summary: Debtor filed for chapter 7 bankruptcy and then converted her case to one under chapter 13. J&M objected to debtor's homestead exemption in her chapter 7 case, but did not similarly object after she converted to chapter…
Date: July 3, 2013
Docket Number: 12-1309
Justia Opinion Summary: Petitioner challenged his 2007 state-court convictions and resulting 72-year sentence for various felony offenses. Petitioner filed a petition for a writ of habeas corpus claiming ineffective assistance of his trial…
Date: July 3, 2013
Docket Number: 12-1716
Justia Opinion Summary: Plaintiffs filed a class action suit against Auto-Owners, alleging breach of contract and bad faith. On appeal, Auto-Owners challenged the district court's certification of a class for those policy owners whose policies…
Date: July 2, 2013
Docket Numbers: 12-2130, 12-2220
Justia Opinion Summary: Plaintiff, injured on an oil and gas rig, filed suit against various third parties - including TESCO and TESCO employee Jeffrey Anderson - after recovering workers' compensation benefits from his employer, DeSoto. SWE…
Date: July 2, 2013
Docket Number: 12-2229
Justia Opinion Summary: The Union filed a grievance on behalf of a nurse terminated by the Hospital, alleging that the Hospital lacked "just cause" to terminate. The court concluded that the arbitrator did not exceed his authority by awarding…
Date: July 2, 2013
Docket Number: 12-2773
Justia Opinion Summary: Defendant appealed the district court's revocation of his release and sentence of 31 months' imprisonment. The district court found that defendant had violated mandatory, standard, and special conditions of his…
Date: July 2, 2013
Docket Number: 12-3320
Justia Opinion Summary: Defendant appealed his conviction on three counts of wire fraud, asserting that his cross-examination testimony was improperly compelled. The court affirmed the judgment of the district court, concluding that defendant…
Date: July 2, 2013
Docket Number: 12-6065
Justia Opinion Summary: Debtor appealed the bankruptcy court's order denying her Motion to Set Aside Compromise. The bankruptcy appellate panel affirmed the judgment of the bankruptcy court, concluding that debtor failed to meet her burden to…
Date: June 28, 2013
Docket Numbers: 12-1702, 12-1705, 12-1708
Justia Opinion Summary: Plaintiffs filed these actions to enjoin enforcement of Ordinance No. 5165, which limited hiring and providing rental housing to "illegal aliens" and "unauthorized aliens," terms defined by the Ordinance. The district…
Date: June 28, 2013
Docket Number: 12-2054
Justia Opinion Summary: Defendant appealed his conviction for conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine. The court affirmed, concluding that the…
Date: June 28, 2013
Docket Number: 12-2577
Justia Opinion Summary: Plaintiff, an involuntarily committed mental patient, sued various officials alleging that a facility-wide change in policy deprived him of a previously held ability to walk unsupervised around an unsecured area of the…
Date: June 28, 2013
Docket Number: 12-2656
Justia Opinion Summary: Plaintiff filed suit against Wells Fargo, alleging that Wells Fargo violated Minn. Stat. 580.032, subd. 3 by failing to record a notice of pendency of foreclosure before publishing the foreclosure notice. The court…
Date: June 28, 2013
Docket Number: 12-2834
Justia Opinion Summary: A bankruptcy court ordered that the Laurel Avenue house be vacated and authorized U.S. Marshals to physically remove plaintiff, the debtor's son, from the home. On appeal, plaintiff challenged the dismissal of his suit,…
Date: June 28, 2013
Docket Number: 12-3411
Justia Opinion Summary: Defendant appealed his sentence stemming from his conviction for one count of manufacturing 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The court concluded that…
Date: June 28, 2013
Docket Number: 12-3541
Justia Opinion Summary: Defendant appealed the district court's denial of his motion for termination of his supervised release, arguing that his five year term of supervised release had already expired as a matter of law, or alternatively, that…
Date: June 28, 2013
Docket Number: 13-1141
Justia Opinion Summary: Defendant appealed a special condition of his supervised release which stemmed from his conviction for receiving and distributing child pornography. The court affirmed the judgment of the district court, concluding that…
Date: June 27, 2013
Docket Number: 12-1943
Justia Opinion Summary: Plaintiff, president and owner of WestCorp, sued the government for a refund of an IRS tax penalty that he paid. At issue was the treatment of admittedly incomplete payments WestCorp made from 2000-2001. To maximize its…
Date: June 27, 2013
Docket Number: 12-2344
Justia Opinion Summary: Plaintiff, acting as trustee for certain farm property pursuant to a deed of trust, brought this interpleader action seeking a determination of rights to the sales proceeds from an auction of the farm. The court held…
Date: June 27, 2013
Docket Number: 12-3368
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to defraud the government by unlawfully evading tax obligations. On appeal, defendant challenged the district court's restitution order. The court concluded that the district court…
Date: June 26, 2013
Docket Number: 12-2829
Justia Opinion Summary: InCompass filed suit against XO asserting a single claim of promissory estoppel based on a former XO employee's alleged oral promise to enter into a multi-year lease with InCompass. InCompass appealed the district…
Date: June 26, 2013
Docket Number: 13-1625
Justia Opinion Summary: Defendant was sentenced to 48 months' imprisonment for unlawful possession of a firearm as a previously convicted felon. After defendant admitted a violation of the terms of his supervised release, the district court…
Date: June 26, 2013
Docket Number: 13-1996
Justia Opinion Summary: Plaintiffs filed three separate class action suits alleging that defendants violated Missouri law and conspired with unknown third parties to deceive customers into throwing away medications after their expiration dates,…
Date: June 25, 2013
Docket Number: 12-2552
Justia Opinion Summary: Defendant appealed his sentence and conviction for three counts of transportation of child pornography and three counts of possession of child pornography. The court held that sufficient probable cause supported the…
Date: June 25, 2013
Docket Number: 12-2554
Justia Opinion Summary: Defendant appealed his sentence and restitution award stemming from his guilty plea to charges of drug-related conspiracy, money laundering, structuring to avoid reporting requirements, and conspiracy to engage in the…
Date: June 25, 2013
Docket Number: 12-3075
Justia Opinion Summary: Defendant appealed his sentence stemming from his plea of guilty to one count of distribution of 28 grams or more of cocaine base and one count of distribution of marijuana. The court declined to address defendant's…
Date: June 24, 2013
Docket Number: 12-2195
Justia Opinion Summary: Petitioner appealed his convictions, from four separate trials, of criminally transmitting the HIV virus in violation of Iowa Code 709C.1. On appeal, petitioner challenged the district court's denial of his 28 U.S.C.…
Date: June 24, 2013
Docket Number: 12-3110
Justia Opinion Summary: Defendant pled guilty to multiple drug charges. On appeal, defendant claimed that the district court committed procedural error by failing to address his objection to the Presentence Investigation Report (PSR) and that…
Date: June 24, 2013
Docket Number: 12-3317
Justia Opinion Summary: Defendant pleaded guilty to distributing five grams or more of cocaine base. On appeal, defendant challenged the district court's denial of his motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2). The court…
Date: June 21, 2013
Docket Numbers: 11-3717, 12-2707
Justia Opinion Summary: Defendant appealed his convictions for (1) carjacking, using or carrying a firearm in relation to a violent crime, obstructing justice, and witness tampering, in his first trial; and (2) two counts of being a felon in…
Date: June 21, 2013
Docket Number: 12-2759
Justia Opinion Summary: Defendant appealed his sentence and conviction of being a felon in possession of firearms. The court concluded that the evidence taken as a whole amply supported the jury's conclusion that defendant knew about and had…
Date: June 21, 2013
Docket Number: 12-3119
Justia Opinion Summary: Indigo and one of its employees filed suit against Advanced and Lile, alleging breach of contract, negligence, conspiracy, and violations of federal law on the theory that Advanced and Lile had intentionally delayed…
Date: June 20, 2013
Docket Number: 11-3736
Justia Opinion Summary: Defendant appealed his conviction for knowingly and intentionally distributing a mixture of heroine to an individual resulting in the individual's death, with the distribution occurring within 1,000 feet of a school, and…
Date: June 20, 2013
Docket Number: 12-2052
Justia Opinion Summary: Plaintiff sued the City under 42 U.S.C. 1983 after she was sexually assaulted by a City policy officer. The officer was charged with first degree sexual assault and subsequently terminated from the police force. On…
Date: June 20, 2013
Docket Number: 12-3694
Justia Opinion Summary: Defendant pled guilty to distributing a mixture or substance containing methamphetamine and subsequently appealed the district court's imposition of his sentence after remand. The court concluded that the district court…
Date: June 19, 2013
Docket Number: 12-3425
Justia Opinion Summary: Plaintiff filed suit seeking interest on benefits she received under an Accidental Death and Dismemberment (ADD) insurance policy issued by Hartford. The parties disagreed on whether Tennessee law or Missouri law…
Date: June 18, 2013
Docket Number: 12-1797
Justia Opinion Summary: Plaintiff sued the University and others under 42 U.S.C. 1983 after her employment was terminated for gross misconduct. On appeal, plaintiff challenged the district court's adverse grant of summary judgment on her due…
Date: June 18, 2013
Docket Number: 12-2654
Justia Opinion Summary: Plaintiff sued her former employer and others after she was terminated, alleging federal claims of discrimination based on her gender, religion, and disability, as well as defamation under state law. On appeal, plaintiff…
Date: June 18, 2013
Docket Number: 12-3766
Justia Opinion Summary: Plaintiff appealed the district court's dismissal with prejudice of his case under Federal Rule of Civil Procedure 41(b). Plaintiff contended that the district court abused its discretion by dismissing the "extreme…
Date: June 17, 2013
Docket Number: 11-3832
Justia Opinion Summary: Defendant pled guilty to reentering the United States illegally after being deported for an aggravated felony conviction. On appeal, defendant challenged the district court's imposition of a sixteen-level enhancement…
Date: June 17, 2013
Docket Number: 12-1069
Justia Opinion Summary: Swift sued its lawyers alleging malpractice for failing to file a timely appeal of an adverse judgment in an Arkansas state court action. The court affirmed the district court's grant of summary judgment in favor of the…
Date: June 17, 2013
Docket Number: 12-1992
Justia Opinion Summary: Defendant, convicted of conspiracy to distribute and possession with intent to distribute methamphetamine, appealed the district court's order dismissing his post-conviction motion to vacate and set aside the conviction…
Date: June 17, 2013
Docket Number: 12-2222
Justia Opinion Summary: Defendant pleaded guilty to one count of being a felon in possession of a firearm. On appeal, defendant challenged the district court's denial of his motion to suppress the firearm and other evidence as a result of an…
Date: June 17, 2013
Docket Number: 12-2276
Justia Opinion Summary: Defendant appealed his conviction for receiving child pornography and possessing child pornography. The court concluded that the district court did not err in denying defendant's motion for a change of venue where the…
Date: June 17, 2013
Docket Number: 12-3268
Justia Opinion Summary: After defendant was charged with bank robbery and using and carrying a firearm during a bank robbery, he was transferred from a Kansas correctional facility, where he was imprisoned on state charges, to the District of…
Date: June 14, 2013
Docket Number: 12-1674
Justia Opinion Summary: Plaintiff alleged various causes of action against the maker of the generic drug (Pliva), brand defendants, and others after she was injured by the prescription medication metoclopramide. On appeal, plaintiff challenged…
Date: June 14, 2013
Docket Number: 12-3220
Justia Opinion Summary: Plaintiff sued his employer under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 623, and the Iowa Civil Rights Act (ICRA), Iowa Code 216.6, alleging that he was discharged from his employment due to his age.…
Date: June 13, 2013
Docket Number: 12-1605
Justia Opinion Summary: IRTL challenged the constitutionality of several Iowa campaign-finance laws, an administrative rule, and two forms. The court concluded, inter alia, that IRTL lacked standing to challenge the definitions of "political…
Date: June 13, 2013
Docket Number: 12-2215
Justia Opinion Summary: Doe Run commenced a declaratory judgment action seeking to enforce Lexington's contractual duty to defend Doe Run per its Commercial General Liability (CGL) policies in an underlying lawsuit. The underlying lawsuit…
Date: June 13, 2013
Docket Number: 12-2321
Justia Opinion Summary: Defendant appealed his conviction and sentence stemming from various drug and firearm offenses. The court concluded that the district court did not err in denying defendant's motion for judgment of acquittal, nor did it…
Date: June 13, 2013
Docket Number: 12-2757
Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment in favor of U.S. Bank on her claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1 et seq. The court…
Date: June 13, 2013
Docket Number: 12-3498
Justia Opinion Summary: Doe Run commenced a declaratory action seeking to enforce Lexington's contractual duty to defend Doe Run per its Commercial General Liability (CGL) policies in two underlying lawsuits (the Briley Lawsuit and the…
Date: June 12, 2013
Docket Number: 12-3006
Justia Opinion Summary: Defendant appealed his sentence for violating the terms of his supervised release. Defendant was released from custody and his sentence was fully discharged before his appeal was heard. The court dismissed defendant's…
Date: June 11, 2013
Docket Number: 12-2748
Justia Opinion Summary: Defendant was indicted for being a felon in possession of a firearm in the Eastern District of Arkansas and for being a felon in possession of ammunition in the Middle District of Florida. The district court granted a…
Date: June 11, 2013
Docket Number: 13-1196
Justia Opinion Summary: Defendant appealed his conviction for possession with intent to distribute fifty grams or more of methamphetamine and sentence of a mandatory term of life in prison. The court concluded that the district court did not…
Date: June 10, 2013
Docket Number: 12-2274
Justia Opinion Summary: After defendant was indicted for failing to register as a sex offender and the parties stipulated that he was incompetent to understand the proceedings against him or to assist in his defense, the government moved to…
Date: June 10, 2013
Docket Number: 12-6070
Justia Opinion Summary: Debtor appealed from a bankruptcy court order confirming her Chapter 13 plan over her objection. Debtor filed her model form Chapter 13 plan using the mandatory model form and inserted certain non-standard language in…
Date: June 7, 2013
Docket Numbers: 12-2761, 12-3179
Justia Opinion Summary: Plaintiff and a group of California residents objected to the district court's approval of settlement terms in class action lawsuits alleging that Uponor and Radiant manufactured and distributed leaky brass plumbing…
Date: June 7, 2013
Docket Number: 12-3408
Justia Opinion Summary: Defendant pled guilty to larceny and subsequently appealed his sentence. The court concluded that the district court did not err in departing upward under U.S.S.G. 4A1.3; although the district court's written statement…
Date: June 7, 2013
Docket Number: 12-3486
Justia Opinion Summary: Defendant appealed his conviction for domestic assault by a habitual offender in violation of 18 U.S.C. 117. The court concluded that the district court did not err by denying defendant's motion for a judgment of…
Date: June 6, 2013
Docket Number: 12-1313
Justia Opinion Summary: Defendant appealed his conviction for conspiracy to distribute 100 kilograms or more of marijuana, possession with intent to distribute marijuana, and money laundering. The court concluded that there was sufficient…
Date: June 6, 2013
Docket Number: 12-2243
Justia Opinion Summary: Plaintiffs appealed the district court's grant of summary judgment to Grinnell on their claim for equitable garnishment of a personal liability insurance policy issued to the sellers of the home. Plaintiffs claimed that…
Date: June 6, 2013
Docket Number: 12-2594
Justia Opinion Summary: Petitioner appealed the denial of his 28 U.S.C. petition for habeas relief, challenging a Bureau of Prisons (BOP) denial of a request for a nunc pro tunc designation to, and denial of credit for, time he spent in…
Date: June 6, 2013
Docket Number: 12-2866
Justia Opinion Summary: Defendant pleaded guilty to one count of bank fraud, three counts of aggravated identity theft, and one count of conspiracy. On appeal, defendant challenged the district court's denial of his motion to suppress. The…
Date: June 5, 2013
Docket Number: 12-3087
Justia Opinion Summary: Plaintiffs, individuals and entities who farm corn and soybeans, claimed eligibility to receive payment under the Supplemental Revenue Assistance Payment Program (SURE Program) for the 2008 crop year. Plaintiffs alleged…
Date: June 4, 2013
Docket Number: 13-6012
Justia Opinion Summary: Debtor appealed from the bankruptcy court's order finding that her prepetition claim against her former spouse for alimony was property of her bankruptcy estate, and ordering her to turn that claim over to the trustee.…
Date: June 3, 2013
Docket Numbers: 12-1383, 12-2161
Justia Opinion Summary: Plaintiff sued FFE, David A. Booker, Sr., and others after a semi-tractor trailer driven by Booker crashed into plaintiff's semi-tractor trailer. The court concluded that the district court did not abuse its discretion…
Date: June 3, 2013
Docket Number: 12-2450
Justia Opinion Summary: Defendant pleaded guilty to a plea agreement to one count of possession of child pornography. On appeal, defendant argued that the district court failed to comply with Federal Rule of Criminal Procedure 11(b)(3) because…
Date: May 31, 2013
Docket Number: 12-2514
Justia Opinion Summary: Petitioner, a Senegalese citizen, petitioned for review of a decision by the BIA affirming the denial of his petition for adjustment of status. The government initiated removal proceedings against petitioner after he…
Date: May 29, 2013
Docket Number: 12-1332
Justia Opinion Summary: Defendant was convicted in 1997 of conspiracy to distribute cocaine and cocaine base, and possession with intent to distribute cocaine. On appeal, defendant challenged the district court's refusal to reduce his sentence…
Date: May 29, 2013
Docket Number: 12-2292
Justia Opinion Summary: The Committee sued the NCAA for interfering with the University of North Dakota's use of the Fighting Sioux name, logo, and imagery. The district court treated the NCAA's motion to dismiss as a motion for summary…
Date: May 28, 2013
Docket Number: 12-1583
Justia Opinion Summary: Plaintiffs sued U.S. Bank after the Bank enforced its rights under a revolving credit agreement on which plaintiffs failed to make timely payment. The district court granted summary judgment for the Bank, ruling that…
Date: May 28, 2013
Docket Number: 12-1956
Justia Opinion Summary: Plaintiff alleged that NCS conducted a spam e-mail campaign that harmed his business, in violation of Iowa and federal law. After a bench trial, the district court entered judgment in favor of NCS and dismissed…
Date: May 28, 2013
Docket Number: 12-3152
Justia Opinion Summary: Defendant appealed his conviction for offenses related to a bank robbery. The court concluded that, even if the court assumed that the initial search of the cell phone at issue was improper, the subsequent search warrant…
Date: May 24, 2013
Docket Number: 12-4020
Justia Opinion Summary: After defendant admitted to violating several conditions of a term of supervised release as part of his sentence for possessing a firearm and ammunition after having been convicted of a misdemeanor crime of domestic…
Date: May 23, 2013
Docket Number: 12-3232
Justia Opinion Summary: Plaintiff filed a claim with its insurer, Axis, after electrical wiring was stolen from its lumberyard. Axis refused to pay the full claim, citing a coinsurance provision in the policy. Plaintiff brought this action…
Date: May 22, 2013
Docket Number: 12-3113
Justia Opinion Summary: This interlocutory appeal arose out of the district court's denial of summary judgment on defendants' qualified immunity defenses to plaintiffs' 42 U.S.C. 1983 and Sherman Act, 15 U.S.C. 1-2, claims. The court declined…
Date: May 22, 2013
Docket Number: 12-3524
Justia Opinion Summary: Petitioner, a native and citizen of Jamaica, petitioned for review of the BIA's affirmance of the IJ's denial of his petition to defer removal pursuant to the Convention Against Torture (CAT) and dismissal of his appeal.…
Date: May 21, 2013
Docket Number: 11-1460
Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment in favor of defendant in this case arising under the Telephone Consumer Protection Act of 1991 (TCPA), Pub. L. No. 102-243, 105 Stat. 2394. Plaintiff's…
Date: May 21, 2013
Docket Number: 12-2641
Justia Opinion Summary: Defendant appealed the judgment of the district court following the denial of his motion to suppress evidence seized during a search of his girlfriend's vehicle. Defendant was convicted of possessing a firearm. The court…
Date: May 21, 2013
Docket Number: 12-2813
Justia Opinion Summary: Plaintiff filed suit against two deputy officers, in both their individual and official capacities, and against the county after plaintiff was arrested for violating a restraining order. Plaintiff appealed the district…
Date: May 21, 2013
Docket Number: 12-3267
Justia Opinion Summary: Defendant pleaded guilty pursuant to a written plea agreement to making false statements and was sentenced to 36 months' imprisonment. On appeal, defendant challenged his sentence. The court concluded that the district…
Date: May 21, 2013
Docket Number: 12-3853
Justia Opinion Summary: Plaintiff filed this suit in federal court against the Commission, seeking to enjoin a state enforcement proceeding. The district court abstained under the Younger doctrine and subsequently denied plaintiff's motion to…
Date: May 20, 2013
Docket Number: 12-1754
Justia Opinion Summary: Defendant appealed his conviction of possession with intent to distribute a controlled substance analogue. The court concluded that a reasonable juror could find that defendant knew mephedrone was a controlled substance…
Date: May 20, 2013
Docket Number: 12-2600
Justia Opinion Summary: After the Secretary denied Sandy Lake's request to hold an election so that Sandy Lake's members could vote on a proposed constitution, Sandy Lake filed suit seeking an order directing the Secretary to call an election.…
Date: May 20, 2013
Docket Number: 12-3315
Justia Opinion Summary: Spirtas was hired to demolish a bridge and it hired a subcontractor for the blasting and demolition. The full demolition took more time and resources to complete. Spirtas incurred additional costs, and the general…
Date: May 17, 2013
Docket Number: 12-1303
Justia Opinion Summary: Defendant was found guilty of one count of conspiracy to manufacture and possess with intent to manufacture and distribute 1,000 or more marijuana plants. On appeal, defendant challenged his conviction and sentence. The…
Date: May 17, 2013
Docket Number: 12-3281
Justia Opinion Summary: After plaintiffs' house was sold at a non-judicial foreclosure sale, they sued the lender, the holder of the Deed of Trust at the time of the sale, and the successor trustee. The district court granted defendants' motion…
Date: May 17, 2013
Docket Number: 12-3298
Justia Opinion Summary: Defendant pled guilty to possession of firearms by an unlawful user of controlled substances and possession of stolen firearms. On appeal, defendant challenged his sentence. The court concluded that the district court…
Date: May 16, 2013
Docket Number: 12-3386
Justia Opinion Summary: Defendant was convicted of one count of conspiring to distribute and possess with intent to distribute methamphetamine and three counts of distributing methamphetamine. On appeal, defendant challenged his conviction on…
Date: May 13, 2013
Docket Number: 12-3316
Justia Opinion Summary: Defendant pleaded guilty to five counts of a federal indictment charging him with distributing crack cocaine, being a felon in possession of a firearm, and carrying a firearm during and in relation to a drug trafficking…
Date: May 10, 2013
Docket Numbers: 11-3112, 11-3114, 11-3213
Justia Opinion Summary: Plaintiffs were each convicted of an offense for which he or she was required to register as a sex offender in Missouri. Each conviction occurred prior to June 30, 2008, when the Missouri Legislature enacted Missouri…
Date: May 10, 2013
Docket Number: 12-1319
Justia Opinion Summary: Plaintiff, a person required to register as a "predatory offender" in Minnesota, brought this action against two state officials, pursuant to 42 U.S.C. 1983, asserting that the enforcement of Minnesota's predatory…
Date: May 9, 2013
Docket Number: 12-1555
Justia Opinion Summary: Appellant, a creditor of the debtor corporation, appealed a decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court's denial of his motion to determine claims. The bankruptcy court granted…
Date: May 9, 2013
Docket Number: 12-2334
Justia Opinion Summary: Affordable appealed the district court's grant of Fannie Mae's motion to dismiss, concluding that EFA had not acted as Fannie Mae's agent in originating the loan for a senior living complex that Affordable purchased and…
Date: May 8, 2013
Docket Number: 12-1058
Justia Opinion Summary: Plaintiffs, two former employees of MET, initiated this action in Minnesota state court alleging that MET and their supervisor terminated them in violation of the Minnesota Whistleblower Act, Minn. Stat. 181.932, and…
Date: May 8, 2013
Docket Number: 12-1940
Justia Opinion Summary: Petitioners, married Mexican citizens, petitioned for review of the denial of their applications for withholding of removal. After seeing petitioners' fathers associating with Evangelical Christians, Catholic villagers…
Date: May 8, 2013
Docket Number: 12-2395
Justia Opinion Summary: Plaintiff appealed from the district court's grant of summary judgment to a law enforcement officer on plaintiff's 42 U.S.C. 1983 action alleging an excessive use of force claim. The district court determined that the…
Date: May 8, 2013
Docket Number: 12-2853
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a handgun seized during a warrantless search of his vehicle, and body armor seized in a subsequent search of his home. On appeal, defendant argued that the district…
Date: May 8, 2013
Docket Number: 12-3813
Justia Opinion Summary: Defendant pleaded guilty to one count of obstructing an official proceeding. On appeal, defendant challenged his sentence of 51 months in prison and three years of supervised release. The court concluded that the…
Date: May 8, 2013
Docket Number: 13-6002
Justia Opinion Summary: This was an appeal of the bankruptcy court's order granting debtor's motion to dismiss an adversary proceeding as untimely. Prior to debtor's bankruptcy filing, plaintiffs filed a complaint against debtor asserting…
Date: May 7, 2013
Docket Number: 12-2113
Justia Opinion Summary: Plaintiff, employed by the CRMC, filed charges of discrimination against her employer after CRMC's placement of her on administrative leave following work-related epileptic seizures and the hiring of a younger…
Date: May 6, 2013
Docket Number: 12-2444
Justia Opinion Summary: Defendant, a manager at the Ford Motor Company, was convicted of four counts of willful income tax evasion in violation of 26 U.S.C. 7201 for failing to report and then concealing kickbacks received from Ford vendors…
Date: May 6, 2013
Docket Number: 12-3351
Justia Opinion Summary: Defendant pled guilty to one count of sexual exploitation of a child and one count of possession of child pornography. Defendant appealed his sentence of 480 months' imprisonment. The district court did not err in…
Date: May 6, 2013
Docket Number: 13-6015
Justia Opinion Summary: This appeal arose from a dispute regarding the existence, validity, and priority of liens of three lenders on a piece of equipment that was owned by the debtor, and the proceeds from the sale in bankruptcy of that…
Date: May 3, 2013
Docket Numbers: 12-1617, 12-1919
Justia Opinion Summary: Defendant pleaded guilty to one count of mail fraud. On appeal, defendant challenged his sentence. The government cross-appealed, contending that the district court improperly denied restitution to nearly all of the…
Date: May 3, 2013
Docket Number: 13-6011
Justia Opinion Summary: Claimant, pro se, appealed from the order of the bankruptcy court denying his motion for reconsideration of a claim. The gist of claimant's appeal was that he wanted the bankruptcy court to enter an order simply…
Date: May 2, 2013
Docket Number: 12-1713
Justia Opinion Summary: This case involved the interpretation of two contractual provisions under Minnesota law: an indemnification clause in a contract between PDSI and Miller and an insurance contract between Harleysville and PDSI which…
Date: May 1, 2013
Docket Numbers: 10-3137, 11-1247
Justia Opinion Summary: B&B, manufacturer and seller of a product called "Sealtight," filed suit against Hargis, manufacturer of a product called "Sealtite," claiming trademark infringement and unfair competition. Hargis counterclaimed for…
Date: May 1, 2013
Docket Number: 12-2913
Justia Opinion Summary: Defendant pled guilty to conspiracy to possess with intent to distribute marijuana. On appeal, defendant challenged the district court's application of a sentencing enhancement for possession of a dangerous weapon in…
Date: May 1, 2013
Docket Number: 12-3535
Justia Opinion Summary: Defendant appealed his convictions of conspiracy to distribute fifty grams or more of actual methamphetamine, and of aiding and abetting the distribution of fifty grams or more of methamphetamine mixture. Because…
Date: April 30, 2013
Docket Numbers: 12-1918, 12-1922
Justia Opinion Summary: In 2005, Curtis McGhee and another individual brought claims against the City alleging violations of civil rights sounding in malicious prosecution. The City sought coverage under insurance policies issued by CIC and…
Date: April 30, 2013
Docket Number: 12-3485
Justia Opinion Summary: Defendant owned more than 300 acres of land where he has held weekend music festivals at which drug use was widespread. Defendant invited various bands to perform at the festivals and he also performed with his own…
Date: April 29, 2013
Docket Number: 11-1380
Justia Opinion Summary: Defendant and codefendant were convicted of conspiring to violate and violating the Racketeer Influenced and Corrupt Organizations (RICO) statute, 18 U.S.C. 1962(c)-(d), and for three murders in aid of racketeering in…
Date: April 26, 2013
Docket Number: 10-3076
Justia Opinion Summary: Plaintiff, Shirley Phelps-Roper, brought this action under 42 U.S.C. 1983 seeking declaratory and injunctive relief against the State of Missouri after Missouri passed funeral protest laws Mo. Rev. Stat. 578.501 and Mo.…
Date: April 26, 2013
Docket Number: 12-1342
Justia Opinion Summary: Defendant, pursuant to a plea agreement, plead guilty to aiding and abetting tax evasion. On appeal, defendant asserted that the district court denied him his Sixth Amendment right to counsel of his choice. The court…
Date: April 26, 2013
Docket Number: 12-1786
Justia Opinion Summary: After Lumbermens denied Smith Flooring's claim for loss of one of their buildings, Smith Flooring filed suit alleging breach of contract and sought a declaratory judgment as to the terms of the insurance policy.…
Date: April 26, 2013
Docket Numbers: 12-1806, 12-1862, 12-2399
Justia Opinion Summary: American sued Mercantile, claiming it aided, abetted, and conspired with Louis J. Pearlman to perpetrate a large fraud. The jury found for American, awarding one-half of the requested damages. Mercantile and American…
Date: April 26, 2013
Docket Number: 12-2376
Justia Opinion Summary: Defendant appealed his sentence and conviction for conspiracy to distribute cocaine and possession with intent to distribute cocaine. The court concluded that, although the trial court limited aspects of…
Date: April 26, 2013
Docket Number: 12-2482
Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his breach of contract and retaliation claim against Boston Scientific. Plaintiff filed for Chapter 7 bankruptcy and then Boston Scientific terminated his employment…
Date: April 26, 2013
Docket Number: 12-3028
Justia Opinion Summary: Defendant was found guilty of transmitting a facsimile communication containing a threat to injure FBI agents, in violation of 18 U.S.C. 875(c), and was sentenced to 45 months of imprisonment. On appeal, defendant…
Date: April 26, 2013
Docket Number: 12-3211
Justia Opinion Summary: The City terminated plaintiff's employment after she refused a state trooper's request to take a drug test. Plaintiff sued the City and others, claiming that she was terminated in retaliation for her decision to exercise…
Date: April 25, 2013
Docket Number: 11-3482
Justia Opinion Summary: Defendant pled guilty to one count of securities fraud in violation of 15 U.S.C. 78j(b), 78ff and 17 C.F.R. 240.10b-5 (Rule 10b-5). On appeal, defendant challenged his sentence of five years' imprisonment, arguing that…
Date: April 25, 2013
Docket Number: 12-2021
Justia Opinion Summary: Beneficiaries of the deceased sued WSLAC after it denied life insurance benefits to the beneficiaries on the basis that the deceased had not disclosed her Hepatitis B on the application. A reasonable jury could conclude…
Date: April 25, 2013
Docket Number: 12-2172
Justia Opinion Summary: Defendant was found guilty of one count of production of child pornography and one count of possession of child pornography. On appeal, defendant challenged his convictions. The court affirmed the district court's denial…
Date: April 25, 2013
Docket Number: 12-2755
Justia Opinion Summary: This dispute involved the rights of the County and the rights of a public utility, Laclede, in shared easements. On appeal, the County challenged the district court's grant of Laclede's motion for preliminary injunction.…
Date: April 24, 2013
Docket Number: 12-2898
Justia Opinion Summary: Defendant was convicted of possession with intent to distribute methamphetamine. On appeal, defendant challenged the district court's denial of his motion for judgment of acquittal and his request for an offense level…
Date: April 23, 2013
Docket Number: 12-1673
Justia Opinion Summary: Defendant pled guilty to one count of being a felon in possession of a firearm. On appeal, defendant claimed that the district court violated his Sixth Amendment right to a public trial at the sentencing hearing when it…
Date: April 23, 2013
Docket Number: 12-3051
Justia Opinion Summary: Officers appealed the district court's orders striking the officers' affidavits submitted in resisting summary judgment, and granting summary judgment to the city on the officers' Fair Labor Standards Act (FLSA), 29…
Date: April 22, 2013
Docket Number: 11-1382
Justia Opinion Summary: Defendant was convicted of racketeering offenses, including murders in aid of racketeering. Defendant appealed the denial of his petition for habeas relief under 28 U.S.C. 2255. The court granted a certificate of…
Date: April 22, 2013
Docket Number: 12-1416
Justia Opinion Summary: Clarinet sued Essex alleging that Essex wrongfully refused to pay Clarinet under a commercial general liability insurance policy. Clarinet sought payment for expenses for stabilizing and demolishing a building that it…
Date: April 22, 2013
Docket Number: 12-2613
Justia Opinion Summary: Defendant conditionally pled guilty to conspiracy to make, utter, and possess counterfeit securities in violation of 18 U.S.C. 371 and 513. On appeal, defendant challenged the denial of his motion to suppress the…
Date: April 22, 2013
Docket Number: 12-2796
Justia Opinion Summary: Petitioner, a native and citizen of Colombia, petitioned for review of the decision of the BIA affirming the IJ's denial of her claims for withholding of removal and relief under the Convention Against Torture (CAT). The…
Date: April 22, 2013
Docket Number: 12-3634
Justia Opinion Summary: Plaintiffs, patients at the Iowa Civil Commitment Unit for Sex Offenders (CCUSO), filed a complaint under 42 U.S.C. 1983 challenging the placement of video cameras in CCUSO restrooms, and moved for a preliminary…
Date: April 19, 2013
Docket Number: 11-3860
Justia Opinion Summary: Petitioners Martinez and Garcia sought review of the BIA's dismissal of their appeal of the IJ's order of removal after the IJ denied their motions to suppress evidence uncovered by a warrantless entry. In the order, the…
Date: April 19, 2013
Docket Number: 12-3546
Justia Opinion Summary: AEGIS, an insurer, appealed from the district court's denial of its motion to compel alternative dispute resolution in its dispute with UEC. The court agreed with the district court that by agreeing in the endorsement of…
Date: April 18, 2013
Docket Number: 12-6058
Justia Opinion Summary: Debtor appealed the final judgment of the bankruptcy court awarding plaintiff $350,490 and determining that amount to be nondischargeable under 11 U.S.C. 523(a)(2)(A). The bankruptcy appellate panel (BAP) concluded that…
Date: April 17, 2013
Docket Number: 12-2175
Justia Opinion Summary: Defendant was convicted of attempted transportation of a minor with the intent to engage in sexual activity. The court held that there was sufficient evidence to convict defendant and the district court properly denied…
Date: April 16, 2013
Docket Number: 12-2062
Justia Opinion Summary: Defendant was convicted of two counts of sexual abuse of a minor and two counts of abusive sexual contact relating to the abuse of his adopted daughters. Defendant appealed his conviction. The district court did not err…
Date: April 15, 2013
Docket Number: 12-2411
Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment in favor of arresting officers on Fourth Amendment claims he brought pursuant to 42 U.S.C. 1983. The court concluded that the officers had probable cause…
Date: April 12, 2013
Docket Numbers: 12-2627, 12-2718, 12-2758
Justia Opinion Summary: Plaintiff filed a lawsuit against his employer, Union Pacific, for injuries he sustained at a railyard operated by Gunderson. Union Pacific filed a third-party complaint for indemnity against Gunderson, and Union Pacific…
Date: April 10, 2013
Docket Number: 12-2885
Justia Opinion Summary: Defendant pled guilty to one count of producing and manufacturing child pornography, preserving his right to appeal the district court's denial of his motion to suppress evidence discovered in the searches of his vehicle…
Date: April 9, 2013
Docket Number: 12-2271
Justia Opinion Summary: Defendant pleaded guilty to distributing more than five grams of methamphetamine and sentenced to 100 months in prison, the bottom of the advisory guidelines range. Defendant appealed, arguing that the district court…
Date: April 9, 2013
Docket Number: 12-6063
Justia Opinion Summary: Debtor appealed from the order of the bankruptcy court converting his Chapter 7 bankruptcy case to a case under Chapter 11, pursuant to section 706(b) of Title 11 of the Bankruptcy Code. The bankruptcy appellate panel…
Date: April 8, 2013
Docket Number: 11-3405
Justia Opinion Summary: Petitioner appealed the district court's denial of his motion for post-conviction relief under 28 U.S.C. 2255. Petitioner alleged that his trial counsel provided constitutionally ineffective assistance of counsel for…
Date: April 8, 2013
Docket Number: 12-1834
Justia Opinion Summary: Providers brought suit against the State, asserting that the Adoption Assistance and Child Welfare Act of 1980 (CWA), 42 U.S.C. 670 et seq., gave them a privately enforceable right under 42 U.S.C. 1983 to receive…
Date: April 8, 2013
Docket Number: 12-1892
Justia Opinion Summary: After Bradley Lumber defaulted on a loan, Bradley Timberland sued Webster and Bradley Lumber in state court for fraud and interference with business expectancy, claiming that both parties were liable for Webster's…
Date: April 5, 2013
Docket Numbers: 12-1857, 12-1915
Justia Opinion Summary: This case stemmed from a contract dispute between Mountain Valley and Southern. Southern subsequently obtained a judgment against Mountain Valley and, simultaneously, Mountain Valley obtained a judgment against Southern…
Date: April 5, 2013
Docket Number: 12-1915
Date: April 4, 2013
Docket Number: 11-3321
Justia Opinion Summary: Defendant appealed his conviction of charges related to methamphetamine and firearms. The court held that the district court did not err in denying his motion to suppress the statements he made after he was asked to exit…
Date: April 4, 2013
Docket Number: 11-3784
Justia Opinion Summary: Defendant pled guilty for failure to register as a sex offender and was sentenced to 18 months imprisonment and 10 years supervised release. On appeal, defendant challenged two of his special conditions of supervised…
Date: April 3, 2013
Docket Number: 12-1753
Justia Opinion Summary: Plaintiff sought a declaratory judgment against Jax, the exclusive manufacturer and distributor of a game he invented. Plaintiff alleged that Jax breached their contract by granting unauthorized sublicenses and failing…
Date: April 3, 2013
Docket Number: 12-2198
Justia Opinion Summary: Betty Lu Hughes appealed the district court's grant of summary judgment declaring Owners was not obligated to cover her claim for damages caused by an underinsured motorist. The court concluded that the Owners policy's…
Date: April 3, 2013
Docket Number: 12-2240
Justia Opinion Summary: Plaintiff argued on appeal that Home Service terminated him contrary to the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and that Home Service breached his contract. The court affirmed the district…
Date: April 2, 2013
Docket Number: 12-1297
Justia Opinion Summary: Plaintiff, a refugee immigrant, sued defendants, seeking a judgment declaring that the USCIS acted unlawfully by withholding adjudication on his application without periodically reviewing it, an injunction ordering USCIS…
Date: April 2, 2013
Docket Number: 12-2476
Justia Opinion Summary: Georgina Stephens and Andrew Alexander appealed from the district court's decision affirming an order of the bankruptcy court giving possession of disputed property to the trustees of the individual bankruptcy estates of…
Date: April 1, 2013
Docket Number: 12-1186
Justia Opinion Summary: NSP sought to vacate an arbitration award, arguing that the arbitrator exceeded his authority under a Collective Bargaining Agreement (CBA) with the Union to grant an award after first determining that NSP had just cause…
Date: April 1, 2013
Docket Number: 12-1974
Justia Opinion Summary: Olympus appealed the district court's dismissal of its complaint for failure to state a claim. Olympus argued that the district court erred in determining that its contract with Benfield clearly and unambiguously…
Date: April 1, 2013
Docket Number: 12-2125
Justia Opinion Summary: Defendant pleaded guilty to possession of child pornography and was sentenced to 60 months in prison followed by five years of supervised release. Defendant appealed his sentence, arguing that the district court abused…
Date: April 1, 2013
Docket Number: 12-2619
Justia Opinion Summary: This case involved a commercial lease dispute governed by Minnesota law. Annex filed suit against TNS seeking unpaid rent and penalties owed under a lease for July, August, September, and October 2011. The district court…
Date: April 1, 2013
Docket Numbers: 12-2767, 12-2774, 12-2784, 12-2787, 12-3358
Justia Opinion Summary: In these consolidated appeals, defendants challenged the constitutionality of a provision of the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16901 et seq., under which they were convicted.…
Date: March 29, 2013
Docket Number: 11-2905
Justia Opinion Summary: Defendant was found guilty of conspiring to distribute crack cocaine and distributing crack cocaine. The district court found that defendant's conspiracy conviction qualified for an enhanced sentence under 21 U.S.C.…
Date: March 29, 2013
Docket Number: 12-1730
Justia Opinion Summary: Plaintiff sued the City and her supervisors, claiming that the City's reasons for terminating her were pretextual. The district court granted defendants' motion for summary judgment on all of plaintiff's seven claims.…
Date: March 29, 2013
Docket Number: 12-2074
Justia Opinion Summary: Defendant conditionally pled guilty to recieving and possessing materials involving the sexual exploitation of minors. Defendant appealed the denial of his motion to suppress evidence discovered during a search at his…
Date: March 28, 2013
Docket Numbers: 11-3466, 11-3648
Justia Opinion Summary: Plaintiff sued Tenant Tracker alleging that it failed to adopt reasonable procedures to ensure maximum possible accuracy of its credit reporting, in violation of the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 et…
Date: March 28, 2013
Docket Number: 12-1294
Justia Opinion Summary: Defendant appealed his conviction of receipt and possession of child pornography. The court held that there was no violation of the Edwards v. Arizona rule where defendant's statements to the interrogating officers were…
Date: March 28, 2013
Docket Number: 12-1639
Justia Opinion Summary: Plaintiff, an investor in the Fund, brought Maryland common-law claims and federal racketeering claims for violations of 18 U.S.C. 1962(c) and (d) against defendants, who were the Fund's fiduciaries. On appeal, plaintiff…
Date: March 28, 2013
Docket Number: 12-1807
Justia Opinion Summary: DM&E and its president and CEO, defendant, entered into an Employment Agreement to encourage his retention following an anticipated change of control. When DM&E terminated defendant without cause and triggered the…
Date: March 27, 2013
Docket Number: 11-2093
Justia Opinion Summary: Plaintiff sued her former employer alleging violations of the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq. The district court found in favor of plaintiff and awarded back pay, front pay, and liquidated…
Date: March 26, 2013
Docket Number: 12-1970
Justia Opinion Summary: Universal successfully defended a lawsuit brought by a group of cotton farmers in Arkansas state court for damages arising from off-target aerial application of the herbicide known as 2,4-D Amine. Universal then sued…
Date: March 25, 2013
Docket Number: 11-3412
Justia Opinion Summary: The League sought direct appellate review of two letters sent by the EPA to Senator Charles Grassley, arguing that these letters effectively set forth new regulatory requirements with respect to water treatment processes…
Date: March 25, 2013
Docket Number: 12-2438
Justia Opinion Summary: Defendant appealed from a final judgment of the district court revoking his supervised release and sentencing him to 21 months imprisonment. On appeal, defendant argued that the district court's consideration of a police…
Date: March 25, 2013
Docket Number: 12-3210
Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his complaint, filed in forma pauperis (IFP), for untimely service of process and failure to state a claim. Plaintiff claimed that First Student fired him from his…
Date: March 25, 2013
Docket Number: 12-6047
Justia Opinion Summary: NABC appealed from the bankruptcy court's order granting summary judgment in favor of the Chapter 7 Trustee. The bankruptcy appellate panel (BAP) concluded that the bankruptcy court did not err in holding that NABC lost…
Date: March 22, 2013
Docket Number: 12-1457
Justia Opinion Summary: Plaintiffs, individually and as parents and next friends of C.S., A.S., and J.S., brought suit against the County under 42 U.S.C. 1983 for violations of their procedural due process rights stemming from their…
Date: March 22, 2013
Docket Number: 12-6054
Justia Opinion Summary: Debtor appealed from the judgment of the bankruptcy court. At issue was whether the bonuses debtor received from her employer were considered property of debtor's estate. Because the bankruptcy appellate panel (BAP) held…
Date: March 22, 2013
Docket Number: 12-6056
Justia Opinion Summary: Debtor appealed the order of the bankruptcy court denying his motion for reconsideration of a previous order dismissing his chapter 7 case. The bankruptcy court, in issuing the previous order dismissing his case, denied…
Date: March 18, 2013
Docket Number: 12-2446
Justia Opinion Summary: Gear Automotive appealed from the district court's grant of summary judgment in favor of its insurer. Gear Automotive's sole owner suffered an injury that resulted in substantial medical and disability loss. Gear…
Date: March 14, 2013
Docket Number: 12-1182
Justia Opinion Summary: Petitioner filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, asserting claims of prosecutorial misconduct and ineffective assistance of both trial and appellate counsel. The court…
Date: March 14, 2013
Docket Number: 12-1632
Justia Opinion Summary: Petitioner moved to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, arguing that the resentencing court had relied on an erroneous presentence report, violating his right to due process. The district…
Date: March 14, 2013
Docket Numbers: 12-2076, 12-2369
Justia Opinion Summary: Homeowners challenged the validity of the foreclosure of their home mortgages. The district court dismissed the suit under Rule 12(b)(6). The court affirmed the district court's dismissal of the law firm as fraudulently…
Date: March 14, 2013
Docket Number: 12-2310
Justia Opinion Summary: Defendant was sentenced to 41 months imprisonment followed by three years of supervised release after pleading guilty to possession of a firearm as a felon and domestic abuse misdemeanor. After defendant stipulated to…
Date: March 13, 2013
Docket Number: 12-1812
Justia Opinion Summary: Defendant pled guilty to conspiracy to distribute more than 50 grams of cocaine base. After receiving two downward departures from his sentence, defendant moved for a third downward departure due to an amendment to the…
Date: March 13, 2013
Docket Number: 12-2263
Justia Opinion Summary: Bayside installed hurricane-resistant windows manufactured by Viracon and supplied by EFCO. Shortly after installation, cracking and delamination occurred in some of the windows. Bayside filed suit against Viracon and…
Date: March 13, 2013
Docket Number: 12-2721
Justia Opinion Summary: Plaintiff's hands were injured when a battery-operated toy purchased at a Wal-mart store in Aberdeen, South Dakota exploded after he picked it up to see why it was malfunctioning. With the three-year statute of…
Date: March 11, 2013
Docket Numbers: 08-3780, 09-1091
Justia Opinion Summary: Chrylser appealed an adverse jury verdict in favor of plaintiff on a retaliation claim under the Missouri Human Rights Act (MHRA), Mo. Rev. Stat. 213. Plaintiff cross-appealed, claiming that the district court improperly…
Date: March 11, 2013
Docket Number: 12-1020
Justia Opinion Summary: Defendant, a member of the Spirit Lake Tribe in North Dakota, was charged with crimes related to her administration of the Tribe's Low Income Home Energy Assistance Program. Defendant was found guilty of embezzlement and…
Date: March 11, 2013
Docket Number: 12-1835
Justia Opinion Summary: Plaintiff sued American General, alleging that American General breached the terms of a life insurance policy plaintiff purchased. The policy at issue was a ten-year term life insurance policy on the life of her father.…
Date: March 11, 2013
Docket Number: 12-2247
Justia Opinion Summary: Petitioner, a citizen of Peru, petitioned for review of the BIA's decision affirming the IJ's denial of his asylum and withholding of removal claims. Petitioner feared persecution if he returned to Peru on account of his…
Date: March 11, 2013
Docket Numbers: 12-2752, 12-2769
Justia Opinion Summary: Defendant pled guilty to one count of receiving and distributing child pornography. The district court ordered him to pay restitution to the victim. The victim challenged the restitution award by direct appeal and in a…
Date: March 8, 2013
Docket Number: 11-3311
Justia Opinion Summary: Defendant conditionally pled guilty to conspiracy to possess with the intent to distribute marijuana, reserving his right to appeal the district court's denial of his motion to suppress the marijuana. On appeal,…
Date: March 8, 2013
Docket Number: 12-2249
Justia Opinion Summary: Northshore petitioned for review of a final decision of the Commission affirming a citation by the Secretary charging a violation of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 801 et seq. In…
Date: March 7, 2013
Docket Number: 12-2572
Justia Opinion Summary: Plaintiff sued United Systems for sex and disability discrimination after she was terminated. After plaintiff prevailed on both claims, United Systems appealed the district court's denial of its post trial motions for…
Date: March 6, 2013
Docket Number: 11-2125
Justia Opinion Summary: Plaintiffs, groups interested in electoral and government reform, sued Minnesota, challenging the constitutionality of Minnesota's Election Day Policy and Minn. Stat. 211B.11, subd. 1, which banned the wearing of any…
Date: March 6, 2013
Docket Number: 12-1415
Justia Opinion Summary: Plaintiff sued Alcoa, alleging that he contracted pulmonary fibrosis after working with aluminum for many years and that Alcoa failed to warn him of the dangers associated with the use of aluminum products. After Alcoa…
Date: March 5, 2013
Docket Number: 12-1993
Justia Opinion Summary: Plaintiff filed claims against the county and its officials alleging unlawful suspension and discharge, sex discrimination, retaliation, violation of her procedural and substantive due process rights, and civil…
Date: March 4, 2013
Docket Number: 12-1382
Justia Opinion Summary: Plaintiffs, on behalf of their son, brought this action under 42 U.S.C. 1983 and the Missouri Constitution, alleging that the district, the superintendent, the principal, and the sheriff violated the son's constitutional…
Date: March 4, 2013
Docket Number: 12-2072
Justia Opinion Summary: Defendant was convicted of failing to register as a sex offender in violation of 18 U.S.C. 2250. On appeal, defendant challenged the district court's denial of his pretrial motion to dismiss the indictment and raised…
Date: March 4, 2013
Docket Number: 12-2521
Justia Opinion Summary: Defendant was convicted of producing child pornography. On appeal, defendant challenged the district court's failure to sua sponte dismiss a juror for cause after the juror arguably expressed an inability to consider the…
Date: March 4, 2013
Docket Number: 12-2592
Justia Opinion Summary: After Nada Payich's death, her son, Ivan Payich, sued Sorensen for negligent care of Nada, among other claims. Sorensen subsequently appealed the district court's denial of its application to compel arbitration in the…
Date: March 1, 2013
Docket Numbers: 11-1875, 11-3425
Justia Opinion Summary: Petitioner, a citizen of El Salvador, petitioned for review of a final order of the BIA affirming the IJ's denial of his application for asylum, withholding of removal, and protection under the Convention Against…
Date: March 1, 2013
Docket Number: 11-2054
Justia Opinion Summary: Relators brought a qui tam action against HP alleging that HP engaged in unlawful kickback and defective pricing schemes in its sale of computer equipment to the federal government. The United States intervened and…
Date: March 1, 2013
Docket Number: 12-2625
Justia Opinion Summary: Defendant was convicted of being an accessory after the fact, in violation of 18 U.S.C. 3, 1151, and 1153(a), by assisting her boyfriend to avoid apprehension knowing that he had committed a murder in Indian country. The…
Date: February 28, 2013
Docket Number: 12-1041
Justia Opinion Summary: Plaintiff, who is visually impaired, filed suit against BNSF, alleging that BNSF retaliated against him for reporting a safety violation and that BNSF discriminated against him based on his disability. The district court…
Date: February 28, 2013
Docket Number: 12-2217
Justia Opinion Summary: Defendant admitted to violating a supervised-release condition after sweat patches revealed drug use. The district court then found that defendant also committed more serious supervised-release violations involving…
Date: February 28, 2013
Docket Number: 12-2585
Date: February 28, 2013
Docket Number: 12-6068
Justia Opinion Summary: Debtor appealed from the bankruptcy court's order granting summary judgment in favor of the Chapter 7 Trustee on his objection to debtor's claimed homestead exemption. The Bankruptcy Appellate Panel affirmed the…
Date: February 27, 2013
Docket Number: 11-3693
Justia Opinion Summary: Plaintiff, an inmate, filed suit against Correctional Officers Branch, Blair, Williford, Fox, Clubbs, and Parsons, in their official and individual capacities under 42 U.S.C. 1983, alleging excessive force and deliberate…
Date: February 27, 2013
Docket Numbers: 12-1327, 12-1329
Justia Opinion Summary: Dittmer appealed the district court's dismissal under Federal Rule of Civil Procedure 12(b) of their two lawsuits against a failed bank, the FDIC as the bank's receiver, and the successor representative to the Estate of…
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