2014 Eighth Circuit US Court of Appeals Case Law
Opinions 1001 - 1252 of 1252
Date: March 25, 2014
Docket Number: 13-2241
Justia Opinion Summary: Plaintiff, suffering from high-blood pressure, filed suit claiming that he became partially blind after treatment was delayed while in the Faulkner County, Arkansas jail. The court concluded that Dr. Stewart and Nurse…
Date: March 24, 2014
Docket Numbers: 12-3627, 12-3628
Justia Opinion Summary: Defendants Horton and Holmes were convicted of multiple crimes stemming from their involvement in a cocaine-distribution ring. The court concluded that some of defendants' arguments were waived because they failed to…
Date: March 24, 2014
Docket Number: 13-1003
Justia Opinion Summary: The Smiths appealed from the district court's order condemning portions of their property for the construction of a natural gas pipeline owned and operated by Alliance and granting Alliance immediate use and possession…
Date: March 24, 2014
Docket Number: 13-2296
Justia Opinion Summary: Defendant was convicted of possession of a firearm in furtherance of a drug trafficking crime, possession of heroin with intent to distribute, and being a felon in possession of a firearm. On appeal, defendant challenged…
Date: March 21, 2014
Docket Number: 12-2508
Justia Opinion Summary: Defendants appealed the district court's order granting Bank of America's motion for summary judgment on their counterclaims for rescission and statutory damages under the Truth in Lending Act (TILA), 15 U.S.C. 1601 et…
Date: March 21, 2014
Docket Number: 13-1258
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm and ammunition. The court concluded that the district court did not clearly err in finding that defendant possessed the…
Date: March 21, 2014
Docket Number: 13-1607
Justia Opinion Summary: Petitioner, found guilty of conspiracy to distribute 500 grams or more of methamphetamine, appealed the denial of his petition for relief under 28 U.S.C. 2255. Section 851(a) required the government to provide notice of…
Date: March 21, 2014
Docket Number: 13-1880
Justia Opinion Summary: Plaintiff appealed the district court's decision upholding the Commissioner's determination that he was not entitled to waiver of recovery of overpaid disability benefits. The court concluded that substantial evidence…
Date: March 20, 2014
Docket Number: 12-2779
Justia Opinion Summary: Citizens of the City filed suit against the quarry defendants in Missouri state court, asserting various state-law tort claims. The quarry defendants removed to federal district court and the district court issued an…
Date: March 20, 2014
Docket Number: 12-3359
Justia Opinion Summary: Petitioner, a native and citizen of the Bahamas, sought review of the BIA's decision affirming the IJ's order of removal. The court concluded that petitioner's third-degree assault conviction in Minnesota constituted an…
Date: March 20, 2014
Docket Numbers: 12-3899, 12-4011
Justia Opinion Summary: LGI's bankruptcy trustee filed suit to recover payments to SDGE and SCE that LGI made for its clients, Buffets and Wendy's restaurants, as avoidable preferences under section 547(b) of the Bankruptcy Code, 11 U.S.C.…
Date: March 20, 2014
Docket Number: 13-1732
Justia Opinion Summary: Defendant appealed the denial of his motion to suppress evidence after pleading guilty to possession of methamphetamine precursors. The court affirmed the denial of the motion to suppress the physical evidence found…
Date: March 20, 2014
Docket Number: 13-2853
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to possession of a firearm by an unlawful user of a controlled substance. The court concluded that the district court did not err in applying the…
Date: March 20, 2014
Docket Number: 13-2981
Justia Opinion Summary: Defendant pled guilty to possession with the intent to distribute more than five grams of cocaine base. On appeal, defendant challenged the sentence imposed by the district court on the revocation of his second period of…
Date: March 19, 2014
Docket Numbers: 12-2056, 12-2060, 12-3794, 12-3875
Justia Opinion Summary: These consolidated appeals arose from a class action against ABB under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq. The district court entered judgment against the ABB defendants…
Date: March 19, 2014
Docket Number: 12-3585
Justia Opinion Summary: Sara Lee and the Unions entered into a collective bargaining agreement (CBA), and an outsourcing agreement which permitted Sara Lee to outsource covered functions to a contract company. After Sara Lee did outsource one…
Date: March 19, 2014
Docket Number: 13-1949
Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, petitioned for review of the BIA's order dismissing his request for withholding of removal and relief under the Convention Against Torture (CAT). The court concluded that…
Date: March 18, 2014
Docket Number: 13-1316
Justia Opinion Summary: Netherlands filed suit against Main Street, seeking a declaratory judgment as to whether Netherlands had a duty to defend or indemnify Main Street in the underlying lawsuit with Malt-O-Meal. The court concluded that,…
Date: March 17, 2014
Docket Number: 12-3428
Justia Opinion Summary: Plaintiffs filed suit against Countrywide, alleging violation of the Missouri Second Mortgage Loan Act (MSMLA), 516.231 to 408.241 RSMo. On appeal, plaintiffs challenged the district court's dismissal of their claims as…
Date: March 17, 2014
Docket Number: 13-2214
Justia Opinion Summary: Plaintiffs, three former employees, filed suit against Lumber One, claiming that Lumber One incorrectly classified them as executive employees who were exempt from overtime pay regulations under the Fair Labor Standards…
Date: March 13, 2014
Docket Number: 12-3631
Justia Opinion Summary: Lovely Skin filed suit against Ishtar, alleging four counts of trademark infringement and false designation of origin under the Lanham Act, 15 U.S.C. 1127, and common law unfair competition and injury to business…
Date: March 13, 2014
Docket Number: 12-3780
Justia Opinion Summary: Plaintiff filed sex- and pregnancy-based employment discrimination claims against Nationwide under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code…
Date: March 13, 2014
Docket Numbers: 13-1235, 13-2064
Justia Opinion Summary: Appellants, two couples, challenged the Tax Court's decisions disallowing their claims of dependency exemption deductions and child tax credits for a child of each husband's prior marriage. For each couple, the only tax…
Date: March 13, 2014
Docket Number: 13-1947
Justia Opinion Summary: Petitioner, a native and citizen of China, sought review of the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court upheld the IJ's adverse…
Date: March 12, 2014
Docket Number: 13-1657
Justia Opinion Summary: Defendant appealed his conviction for two counts of sexual abuse of a minor (A.C.) and sexual abuse of a person incapable of consenting (H.C.). The court found that the district court did not abuse its discretion in…
Date: March 12, 2014
Docket Number: 13-6054
Justia Opinion Summary: Defendant appealed from the bankruptcy court's order imposing sanctions and judgment, and an order denying a motion to vacate or alter or amend judgment. The bankruptcy appellate panel affirmed the bankruptcy court's…
Date: March 11, 2014
Docket Number: 12-3760
Justia Opinion Summary: Defendant pleaded guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine, five kilograms or more of cocaine, and 100 kilograms or more of marijuana. The court concluded that, based on the…
Date: March 11, 2014
Docket Number: 13-1142
Justia Opinion Summary: Plaintiff filed suit against police officers under 42 U.S.C. 1983 for violating her constitutional rights. The district court denied the officers qualified immunity and the officers filed an interlocutory appeal. The…
Date: March 11, 2014
Docket Number: 13-1231
Justia Opinion Summary: Defendant appealed his conviction for being a felon in possession of a firearm based on his possession of a sawed-off shotgun found in a plastic bag located in a refrigerator on his aunt and uncle's property. Defendant…
Date: March 11, 2014
Docket Number: 13-2147
Justia Opinion Summary: St. Jude sued its competitor, Medtronic, for tortiously interfering with its business relationship with an employee. After the parties arbitrated their claims, St. Jude then sued the employee's wife (defendant) for…
Date: March 10, 2014
Docket Number: 12-4038
Justia Opinion Summary: Plaintiff, after being acquitted of state law charges related to the possession of firearms, filed suit against the City and eight police officers, under 42 U.S.C. 1983. On appeal, plaintiff challenged the district…
Date: March 10, 2014
Docket Number: 13-1167
Justia Opinion Summary: Plaintiffs filed suit under 42 U.S.C. 1983, alleging that recent amendments to Minnesota's No-Fault Automobile Insurance Act, Minn. Stat. 65B.41-71, violated the First Amendment. Plaintiffs sought a preliminary…
Date: March 10, 2014
Docket Number: 13-1350
Justia Opinion Summary: Plaintiff, after being diagnosed with tardive dyskinesia (TD), filed suit against Lilly, manufacturer of the antipsychotic drug, Zyprexa, alleging personal injury and product liability claims. The district court…
Date: March 7, 2014
Docket Numbers: 13-1355, 13-1372
Justia Opinion Summary: Defendants Huston and Anderson appealed their sentences after pleading guilty to conspiracy to commit mortgage fraud by means of interstate wire communication. The court concluded that the district court did not err in…
Date: March 7, 2014
Docket Number: 13-1898
Justia Opinion Summary: Defendant appealed her conviction and sentence for misapplication of funds from an Indian tribal organization and aiding and abetting in violation of section 18 U.S.C. 1163 and 2. The court concluded that the district…
Date: March 6, 2014
Docket Number: 12-2852
Justia Opinion Summary: Plaintiff filed suit claiming malicious prosecution and violations of his civil rights. After plaintiff's attorney failed to comply with discovery deadlines, the district court dismissed plaintiff's suit with prejudice…
Date: March 6, 2014
Docket Number: 12-3653
Justia Opinion Summary: Petitioner, a citizen and national of Nigeria, petitioned for review of the the BIA's order affirming the denial of her application for cancellation of removal. Determining that it had jurisdiction to review…
Date: March 6, 2014
Docket Number: 13-1903
Justia Opinion Summary: Plaintiff filed suit against State Farm in Missouri state court, seeking to recover underinsured motorist (UIM) benefits under plaintiff's policy with State Farm (the Pontiac policy). State Farm removed to district court…
Date: March 5, 2014
Docket Number: 12-3701
Justia Opinion Summary: Debtor moved for sanctions after Stephen Wyse, representing on of debtor's creditors, filed suit in state court seeking in part to recover a debt discharged by debtor in bankruptcy. Wyse and his client, Frank Williams,…
Date: March 4, 2014
Docket Number: 12-2719
Justia Opinion Summary: GoJet petitioned for review of the FAA Acting Administrator's ruling that GoJet violated FAA regulations when it failed to make a logbook entry and to remove a gear pin. GoJet argued that it did not violate 14 C.F.R.…
Date: March 4, 2014
Docket Number: 13-1244
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to one count of being a felon in possession of a firearm and ammunition. On appeal, defendant challenged the district court's application of a sentencing enhancement…
Date: March 4, 2014
Docket Number: 13-1515
Justia Opinion Summary: Claimant sought the return of $154,853.00 in U.S. currency seized during a traffic stop. On appeal, claimant challenged the district court's grant of the government's motion to strike his verified claim and amended…
Date: March 3, 2014
Docket Number: 12-3719
Justia Opinion Summary: Defendant pled guilty to six counts related to burglary of and distribution of controlled substances. On appeal, defendant challenged the district court's denial of his motion to withdraw his guilty plea. The court…
Date: February 28, 2014
Docket Number: 12-3838
Justia Opinion Summary: Plaintiff, a student cheerleader paralyzed while practicing a tumbling maneuver in gymnastics class, sought coverage under the insurance policy that Mutual issued to Prairie View as a member of the NCAA. Mutual argued…
Date: February 27, 2014
Docket Number: 12-3096
Justia Opinion Summary: Plaintiff, a member of the National Guard, filed suit against TXD, alleging that TXD violated the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301 et seq., when it terminated him while he…
Date: February 27, 2014
Docket Number: 13-1086
Justia Opinion Summary: Appellant appealed the Bankruptcy Appellate Panel's (BAP) judgment holding that the bankruptcy estate of her former employer, Racing Services, was entitled to the liquidation proceeds of a cash-value life insurance…
Date: February 27, 2014
Docket Number: 13-1317
Justia Opinion Summary: Defendant conditionally pled guilty to possessing marijuana with the intent to distribute. On appeal, defendant challenged the district court's denial of his motion to suppress evidence. The court concluded that there…
Date: February 27, 2014
Docket Number: 13-2028
Justia Opinion Summary: Defendant pled guilty to one count of failure to pay legal child support obligations. On appeal, defendant challenged the district court's award of restitution, arguing that the procedural requirements of the Mandatory…
Date: February 26, 2014
Docket Number: 12-3991
Justia Opinion Summary: Plaintiff filed suit against Timothy Geithner, in his capacity as the Secretary of the Treasury, for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The court concluded that no…
Date: February 26, 2014
Docket Number: 13-1923
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm. On appeal, defendant challenged his sentence. The court concluded that the district court committed no error, plain or otherwise, in imposing or…
Date: February 26, 2014
Docket Number: 13-2845
Justia Opinion Summary: Defendant appealed his conviction for conspiracy to possess with intent to distribute methamphetamine. The court concluded that defendant waived his argument that law enforcement's protective sweep was unreasonable and…
Date: February 25, 2014
Docket Number: 12-2127
Justia Opinion Summary: Plaintiff, a Missouri inmate, appealed the district court's dismissal of an action alleging that defendants violated section 504 of the Rehabilitation Act of 1973 (RA), 29 U.S.C. 701, and Title II of the Americans with…
Date: February 25, 2014
Docket Number: 13-1005
Justia Opinion Summary: Plaintiff filed suit alleging that the mortgage trust that claimed to hold his mortgage was not validly assigned the mortgage, and therefore, his mortgage could not be foreclosed by the trust. The district court granted…
Date: February 25, 2014
Docket Number: 13-1008
Justia Opinion Summary: Plaintiff filed suit against the city building inspector under 42 U.S.C. 1983, alleging violations of his First Amendment rights. The district court granted summary judgment to defendant and the city, dismissing…
Date: February 25, 2014
Docket Number: 13-1190
Justia Opinion Summary: Petitioner, a gang member guilty of twelve counts of murder, challenged the district court's denial of his habeas corpus petition filed under 28 U.S.C. 2254. The court found that the Minnesota Supreme Court's…
Date: February 25, 2014
Docket Number: 13-1421
Justia Opinion Summary: Plaintiff, the surviving spouse of Charles Kemp, appealed the denial of disability insurance benefits and supplemental security income. An ALJ found that Kemp was not disabled because he could perform a job a vocational…
Date: February 25, 2014
Docket Number: 13-2539
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to one count of abusive sexual contact. The court concluded that defendant's sentence was substantively reasonable where the district court properly based its…
Date: February 20, 2014
Docket Number: 12-3625
Justia Opinion Summary: Plaintiff filed suit against defendants, alleging, inter alia, a state-law defamation claim arising out of a fact-finding meeting concerning a workplace dispute. On appeal, plaintiff challenged the district court's grant…
Date: February 19, 2014
Docket Number: 12-3640
Justia Opinion Summary: Petitioner and his wife sought review of the BIA's order affirming the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court concluded that it…
Date: February 14, 2014
Docket Number: 13-1030
Justia Opinion Summary: Petitioner pled guilty to engaging in a Continuing Criminal Enterprise for his involvement in a drug operation on the Pine Ridge Indian Reservation in South Dakota. On appeal, petitioner challenged the district court's…
Date: February 14, 2014
Docket Number: 13-1185
Justia Opinion Summary: Plaintiffs, injured in a truck accident that killed their daughter, filed suit for additional payment under a State Farm policy insuring another vehicle (Hyundai policy) that had identical underinsured motorist (UIM)…
Date: February 13, 2014
Docket Numbers: 12-3689, 12-3691
Justia Opinion Summary: Defendants appealed their convictions for being a felon in possession of a firearm, aiding and abetting possession of cocaine base with intent to distribute, and possessing a firearm in the furtherance of a drug…
Date: February 12, 2014
Docket Number: 12-3545
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 and Minnesota state law, alleging that officers violated her Constitutional rights when they arrested her. The court concluded that the officer's decision to arrest plaintiff for…
Date: February 12, 2014
Docket Number: 12-4009
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm and the district court sentenced him to a mandatory minimum sentence of 180 months' imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C.…
Date: February 12, 2014
Docket Number: 13-1387
Justia Opinion Summary: Block appealed a district court order denying its motion for a preliminary injunction requiring defendant to comply with post-termination covenants in a Puerto Rican franchise agreement. The district court denied the…
Date: February 12, 2014
Docket Number: 13-6052
Justia Opinion Summary: Debtor appealed the bankruptcy court's order dismissing his adversary complaint for failure to state a claim. The bankruptcy appellate panel concluded that the bankruptcy court correctly dismissed debtor's adversary…
Date: February 11, 2014
Docket Numbers: 12-3726, 12-3914
Justia Opinion Summary: Petitioners were convicted of drug-related charges. On appeal, petitioners challenged the district court's denial of 28 U.S.C. 2255 relief on the issue of whether they were entitled to relief based on their absence…
Date: February 11, 2014
Docket Number: 12-4049
Justia Opinion Summary: Loftness filed suit against defendants seeking a declaratory judgment that it had fulfilled its duties under the Non-Disclosure Agreement (NDA) and the May 2008 Agreement. Defendants asserted counterclaims against…
Date: February 10, 2014
Docket Number: 12-3807
Justia Opinion Summary: Defendant was convicted of possession with intent to distribute and conspiracy to distribute 50 grams or more of methamphetamine and illegal reentry of an alien. On appeal, defendant challenged the district court's…
Date: February 10, 2014
Docket Number: 13-1975
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute at least 50 grams of cocaine base and distribution of at least five grams of cocaine base. On appeal, defendant challenged the district court's denial of his motion for…
Date: February 7, 2014
Docket Number: 13-2254
Justia Opinion Summary: Plaintiff appealed the district court's entry of summary judgment in favor of Open Harvest on plaintiff's claim alleging a violation of section 510 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1140.…
Date: February 7, 2014
Docket Number: 13-2295
Justia Opinion Summary: Defendant appealed the revocation of his supervised release and the sentence imposed by the district court. The court concluded that the district court did not abuse its discretion in relying on the certified copy of…
Date: February 6, 2014
Docket Number: 12-3990
Justia Opinion Summary: Defendant appealed his conviction of four counts of aggravated sexual abuse. The court concluded that there was little possibility that the jury was confused over which evidence related to which count and the court was…
Date: February 6, 2014
Docket Number: 13-1495
Justia Opinion Summary: Debtors filed for Chapter 7 bankruptcy and listed in their bankruptcy schedules a large volume of rice grain and farming equipment owned in connection with a joint venture. The Bank asserted a property interest and the…
Date: February 5, 2014
Docket Number: 12-3339
Justia Opinion Summary: Defendant pleaded guilty to being a felon and unlawful drug user in possession of a firearm. The court concluded that the district court did not procedurally err by imposing a four-level enhancement under U.S.S.G.…
Date: February 5, 2014
Docket Number: 12-3874
Justia Opinion Summary: Defendant appealed his conviction for conspiracy to distribute various controlled substances and three counts of distribution of a controlled substance. The court concluded that the evidence was sufficient to support…
Date: February 5, 2014
Docket Number: 13-1239
Justia Opinion Summary: Defendant appealed his conviction for unlawful possession of a firearm by a previously convicted felon. The court concluded that the evidence was sufficient to convict defendant where the Government presented ample…
Date: February 5, 2014
Docket Number: 13-1821
Justia Opinion Summary: The County filed a putative class action on behalf of similarly situated Minnesota counties seeking a declaratory judgment that Fannie Mae, Freddie Mac, and the FHFA violated state laws by failing to pay a tax on…
Date: February 5, 2014
Docket Numbers: 13-6030, 13-6036
Justia Opinion Summary: The Trustee and Centris appealed the bankruptcy court's judgment to the extent that it determined certain funds were not property on the bankruptcy estate. Cross-claim Defendants appealed the same judgment to the extent…
Date: February 4, 2014
Docket Number: 12-3356
Justia Opinion Summary: Plaintiff, an involuntarily committed patient at the Iowa Civil Commitment Unit for Sexual Offenders (CCUSO), filed suit under 42 U.S.C. 1983 alleging that defendant, a nurse practitioner at CCUSO, provided him…
Date: February 4, 2014
Docket Number: 13-2061
Justia Opinion Summary: Harleysville issued Diamondhead a commercial insurance policy where, although the parties intended for the policy to exclude coverage for law enforcement, Harleysville inadvertently omitted that exclusion from the policy…
Date: February 4, 2014
Docket Number: 13-2122
Justia Opinion Summary: Defendant pleaded guilty to one count of illegal reentry subsequent to an aggravated felony conviction. On appeal, defendant challenged his sentence. The court concluded that defendant's sentence was substantively…
Date: February 3, 2014
Docket Number: 12-2178
Justia Opinion Summary: Plaintiffs, African American officers who worked in a state penitentiary, filed suit under 41 U.S.C. 1981 and 1983 against supervisors for race based harassment and retaliation. On appeal, the officers challenged the…
Date: February 3, 2014
Docket Number: 12-3846
Justia Opinion Summary: Plaintiff and other union members filed suit against US Foods and the Union for breach of duty of fair representation in a hybrid action under section 301 of the Labor Management Relations Act, 29 U.S.C. 1985. On appeal,…
Date: February 3, 2014
Docket Number: 13-1653
Justia Opinion Summary: Defendant appealed her sentence after pleading guilty to conspiring to distribute methamphetamine. The district court considered defendant's struggles with addiction and her rehabilitation, and the court was satisfied…
Date: February 3, 2014
Docket Number: 13-2117
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that a police detective used excessive force when arresting him for disorderly conduct. On appeal, the detective appealed the district court's judgment in favor of…
Date: January 31, 2014
Docket Number: 12-4018
Justia Opinion Summary: Debtors filed for Chapter 13 bankruptcy relief and proposed a plan to pay nondischargeable state and federal tax debts before other unsecured creditors. The bankruptcy court rejected the plan and the Bankruptcy Appellate…
Date: January 31, 2014
Docket Number: 13-1176
Justia Opinion Summary: Defendant pleaded guilty to one count of possessing with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. On appeal, defendant challenged the district…
Date: January 31, 2014
Docket Number: 13-1314
Justia Opinion Summary: Defendant pleaded guilty to conspiring to distribute 500 grams or more of a mixture or substance containing methamphetamine and 50 grams or more of actual methamphetamine. The court concluded, inter alia, that the…
Date: January 30, 2014
Docket Number: 13-1320
Justia Opinion Summary: Defendant was convicted of conspiracy to commit identity theft and wire fraud. On appeal, defendant challenged his conviction, which stemmed from his involvement in a mortgage-fraud scheme that utilized a straw-buyer's…
Date: January 29, 2014
Docket Number: 12-3966
Justia Opinion Summary: Plaintiff suffered severe injuries while working for an independent contractor that provided industrial cleaning services to Conopco. Plaintiff, injured while cleaning a large tank, filed suit against Conopco, alleging…
Date: January 29, 2014
Docket Number: 12-4012
Justia Opinion Summary: After CIC denied the Archdiocese's demand for secondary excess carrier coverage, CIC filed suit seeking a declaration that its policy did not provide coverage for the underlying wrongful death litigation. On appeal, the…
Date: January 28, 2014
Docket Number: 12-3765
Justia Opinion Summary: Argus filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., seeking information regarding how much money individual retailers received from taxpayers each year through the Supplemental Nutrition…
Date: January 24, 2014
Docket Number: 13-3699
Justia Opinion Summary: Petitioner, Director of the Missouri Department of Corrections, petitioned for a writ of mandamus of prohibition directed to the district court in an underlying civil action concerning Missouri's method for carrying out…
Date: January 16, 2014
Docket Number: 12-3004
Justia Opinion Summary: Maverick petitioned for review of the ARB's affirmance of an ALJ's finding that Maverick was liable for taking retaliatory action against an employee in violation of the Surface Transportation Assistance Act (STAA), 49…
Date: January 16, 2014
Docket Number: 12-3995
Justia Opinion Summary: Defendant appealed his conviction for possessing crack cocaine with intent to distribute. The court affirmed the district court's denial of defendant's motion to suppress the evidence seized from his residence where the…
Date: January 16, 2014
Docket Numbers: 12-4047, 13-1033
Justia Opinion Summary: Plaintiff, the surviving spouse of an Acxiom employee, filed suit for accidental death benefits under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. On appeal, Unicare appealed the district…
Date: January 16, 2014
Docket Number: 13-1178
Justia Opinion Summary: Defendant appealed his conviction for being a felon in possession of a firearm and possession of an unregistered firearm. Because defendant was unable to establish that there was any government involvement or inducement…
Date: January 16, 2014
Docket Number: 13-1802
Justia Opinion Summary: Defendant pleaded guilty to a drug offense and subsequently appealed his sentence. The district court sentenced defendant as a career offender under U.S.S.G. 4B1.1. The court concluded that defendant's conviction for…
Date: January 15, 2014
Docket Number: 12-3881
Justia Opinion Summary: Plaintiff filed suit against Safeco seeking to stack the underinsured motorist coverage from various policies she and her husband had taken out with Safeco for their five vehicles. On appeal, plaintiff appealed the…
Date: January 15, 2014
Docket Number: 13-1289
Justia Opinion Summary: Plaintiff appealed the district court's adverse grant of summary judgment respecting the timeliness of his lawsuit against Nationwide seeking coverage under plaintiff's employer's underinsured motorist (UIM) policy with…
Date: January 14, 2014
Docket Number: 12-3740
Justia Opinion Summary: After BIVI discharged an employee for falsifying work records, the Union grieved the discharge. BIVI and the Union submitted the dispute to arbitration, the arbitrator ordered that the employee be reinstated without back…
Date: January 13, 2014
Docket Number: 12-3934
Justia Opinion Summary: Plaintiff filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and Arkansas state law, alleging various claims against her former employers. On appeal, plaintiff challenged the district…
Date: January 13, 2014
Docket Number: 13-1747
Justia Opinion Summary: Debtor appealed the bankruptcy court's order, affirmed by the bankruptcy appellate panel, granting summary judgment in favor of the trustee regarding debtor's homestead exemption. The court affirmed, concluding that…
Date: January 10, 2014
Docket Number: 12-3471
Justia Opinion Summary: Petitioner appealed the district court's denial of his habeas corpus petition under 28 U.S.C. 2254. The court concluded that the state court applied the correct legal standard, a totality-of-the-circumstances test, in…
Date: January 10, 2014
Docket Number: 12-4015
Justia Opinion Summary: Defendant appealed his sentence and conviction for sexual exploitation of a minor, in violation of 18 U.S.C. 2251(a) and 2251(e). The court concluded that the district court properly interpreted the word "uses" in…
Date: January 10, 2014
Docket Number: 13-2041
Justia Opinion Summary: Defendant appealed his conviction for thirteen counts of federal tax related offenses. The court concluded that defendant failed to demonstrate that the district court committed error in dismissing two jurors because the…
Date: January 9, 2014
Docket Number: 12-2561
Justia Opinion Summary: Defendant pleaded guilty for charges related to his involvement, as the Superintendent of the Street Department, in a scheme to defraud the city. Defendant later petitioned for a writ of habeas corpus under 28 U.S.C.…
Date: January 9, 2014
Docket Number: 12-2919
Justia Opinion Summary: Defendant appealed his conviction for being a felon in possession (Count 1), possession with intent to distribute less than fifty kilograms of marijuana (Count 2), and possession of a firearm in furtherance of a drug…
Date: January 9, 2014
Docket Numbers: 12-3121, 12-3409
Justia Opinion Summary: Plaintiff filed suit against Novartis alleging that Novartis negligently failed to provide adequate warnings for two drugs she took, Aredia and Zometa, after having two of her teeth extracted. Plaintiff developed…
Date: January 9, 2014
Docket Number: 12-3463
Justia Opinion Summary: Petitioner, a Jordanian citizen, appealed the BIA's decision affirming the IJ's denial of petitioner's request for adjustment of status. Petitioner contended that the unpublished BIA decision in his case was not entitled…
Date: January 9, 2014
Docket Number: 12-3534
Justia Opinion Summary: Petitioner, a former special forces member of the El Salvador military, petitioned for review of the BIA's decision denying him withholding of removal. The court concluded that the IJ did not deprive petitioner of a…
Date: January 9, 2014
Docket Numbers: 13-1063, 13-1064
Justia Opinion Summary: Plaintiff filed suit against ARI, alleging that a golf cart accident had caused his debilitating back pain. The court concluded that the district court did not err in admitting an expert's testimony under the standards…
Date: January 9, 2014
Docket Number: 13-1099
Justia Opinion Summary: Plaintiff brought a qui tam action against North Memorial under the False Claims Act (FCA), 31 U.S.C. 3729 et seq., alleging that North Memorial knowingly submitted fraudulent claims to the government seeking payment for…
Date: January 9, 2014
Docket Number: 13-1300
Justia Opinion Summary: Plaintiffs represented four security guards that filed suit against the Commission for unlawful termination. After the Commission chose to reinstate the guards, it issued checks for back pay to the guards but did not put…
Date: January 9, 2014
Docket Number: 13-6014
Justia Opinion Summary: Empire Bank appealed from the bankruptcy court's order and judgment declaring that Arvest Bank's judicial lien was superior to the liens asserted by Empire Bank and directing judgment in favor of debtors on their…
Date: January 7, 2014
Docket Number: 12-3200
Justia Opinion Summary: OMJP appealed from the district court's denial of its motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(2) and (3). In Levaquin I, the court upheld a jury award in compensatory damages against…
Date: January 7, 2014
Docket Number: 13-1863
Justia Opinion Summary: Plaintiff filed suit against their insurer, American Bankers, after American Bankers denied plaintiffs' claim to recover for property damage under their Standard Flood Insurance Policy. Although plaintiffs filed a proof…
Date: January 6, 2014
Docket Number: 12-3397
Justia Opinion Summary: Defendant conditionally plead guilty to producing child pornography. On appeal, defendant challenged the district court's denial of his motion to suppress evidence, as well as the district court's exclusion of evidence…
Date: January 3, 2014
Docket Number: 12-3669
Justia Opinion Summary: Plaintiff filed suit against CRST in state court alleging that CRST negligently failed to maintain his workers' compensation insurance coverage. CRST removed the case to federal court and the district court granted…
Date: January 3, 2014
Docket Number: 13-1016
Justia Opinion Summary: Defendant appealed his sentence and conviction for one count of receipt of child pornography and one count of possession of child pornography. The court concluded that there was sufficient evidence to find defendant…
Date: January 2, 2014
Docket Number: 13-1914
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and appealed. The court found no merit in defendant's claim that the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), was…
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