2011 Eighth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1301
Date: August 10, 2011
Docket Number: 10-3480
Justia Opinion Summary: Defendant was convicted of one count of aggravated sexual abuse and one count of failure to register as a sex offender, as required by the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250. Defendant…
Date: August 10, 2011
Docket Number: 10-3630
Justia Opinion Summary: Appellant appealed the denial of her application for Social Security Administration (SSA) disability benefits where the ALJ concluded that she retained the ability to perform her past relevant work and was therefore not…
Date: August 10, 2011
Docket Number: 11-1216
Justia Opinion Summary: Defendant pleaded guilty to possession with intent to distribute 50 grams or more of crack cocaine on or about March 12, 2009, and a plea was entered pursuant to a plea agreement on December 11, 2009. Months later, on…
Date: August 10, 2011
Docket Number: 11-6036
Justia Opinion Summary: Plaintiff, the Chapter 7 trustee, appealed the bankruptcy court's entry of a judgment in favor of defendants on his complaint seeking turnover under 11 U.S.C. 542 of money allegedly owed to the bankruptcy estate. The…
Date: August 9, 2011
Docket Number: 10-1482
Justia Opinion Summary: Appellants sued appellee seeking insurance coverage for damages resulting from a pipe rupture in appellants' refrigerated warehouse. Appellants appealed the district court's grant of appellee's motion for summary…
Date: August 9, 2011
Docket Number: 10-2570
Justia Opinion Summary: Appellant filed suit against the Fayetteville, Arkansas School District (District) alleging he was a victim of sexual harassment in violation of Title IX, 20 U.S.C. 1681. At issue was whether the district court…
Date: August 9, 2011
Docket Number: 10-3106
Justia Opinion Summary: Plaintiffs (Green Party) brought this action against the Arkansas Secretary of State pursuant to 42 U.S.C. 1983, seeking (1) a declaratory judgment that the Green Party was a political party and that Arkansas Code…
Date: August 9, 2011
Docket Number: 10-3194
Justia Opinion Summary: Appellant appealed the district court's order, which affirmed the decision of the Commissioner of the Social Security Administration (Commissioner), denying appellant's application for disability benefits (DIB) under…
Date: August 9, 2011
Docket Number: 10-3350
Justia Opinion Summary: Appellants challenged the denial of their claim for benefits arising from an underinsured motorists (UIM) policy issued by appellee. Appellants appealed the adverse grant of summary judgment and the denial of their…
Date: August 9, 2011
Docket Number: 10-3641
Justia Opinion Summary: Defendant appealed the district court's denial of his motion to allow the jury to view, in person, the area beneath the console of his car where police discovered a hidden firearm. At issue was whether the district…
Date: August 8, 2011
Docket Numbers: 10-2112, 10-2265
Justia Opinion Summary: Defendant was convicted of four counts of tax evasion and sentenced to 18 months imprisonment. Defendant appealed his convictions, arguing that the government constructively amended the indictment through the evidence…
Date: August 8, 2011
Docket Number: 10-2638
Justia Opinion Summary: Defendant was indicted for conspiracy to manufacture methamphetamine and moved to suppress evidence obtained during two searches of an outbuilding behind his house. At issue was whether the district court erred in…
Date: August 8, 2011
Docket Number: 10-3254
Justia Opinion Summary: Defendant was convicted of one count of making a false statement to obtain Social Security Disability benefits and two counts of knowingly concealing that he earned wages above the income threshold for disability…
Date: August 8, 2011
Docket Number: 10-3280
Justia Opinion Summary: Manuel and Michelle Quintero were charged with conspiracy to possess with intent to distribute and distribute in excess of 50 grams of methamphetamine; possession with intent to distribute in excess of 50 grams of…
Date: August 8, 2011
Docket Number: 10-3778
Justia Opinion Summary: Defendant was convicted of two counts of conspiracy to possess, sell, or dispose of stolen firearms; one count of possessing firearms as a felon; and one count of possessing a stolen firearm. On appeal, defendant argued…
Date: August 8, 2011
Docket Number: 11-1768
Justia Opinion Summary: This case arose when appellant alleged claims of tortuous interference with contract or business expectancy and violation of the Arkansas Deceptive Trade Practices Act (ADTPA), Ark. Code Ann. 4-88-101, et seq. Appellant…
Date: August 5, 2011
Docket Number: 10-2741
Justia Opinion Summary: A jury found defendant, a licensed attorney, responsible for trust fund recovery penalties imposed by the IRS pursuant to 26 U.S.C. (I.R.C.) 6672 for unpaid employment taxes owed by Iowa Trade Bindery, Inc. (ITB).…
Date: August 5, 2011
Docket Numbers: 10-2911, 10-2912, 10-2914
Justia Opinion Summary: Defendant was convicted of two counts of bank robbery and two counts of brandishing a weapon in furtherance of a crime of violence where the convictions placed defendant in violation of two concurrent terms of supervised…
Date: August 5, 2011
Docket Number: 10-3281
Justia Opinion Summary: Appellee filed a petition to return his 22-month-old daughter to Mexico pursuant to the Hague Convention on the Civil Aspects of Child Abduction (Convention), implemented by the International Child Abduction Remedies Act…
Date: August 5, 2011
Docket Number: 10-3454
Justia Opinion Summary: Defendant conditionally pled guilty to being a felon in possession of a firearm. At issue was the district court's denial of defendant's motions to suppress evidence seized from his vehicle. The court held that because…
Date: August 4, 2011
Docket Number: 10-3154
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and was sentenced as an armed career criminal to 188 months in prison. Defendant appealed his sentence, arguing that his prior convictions for felony…
Date: August 4, 2011
Docket Number: 10-3305
Justia Opinion Summary: Defendant was convicted of two counts of being a felon in possession of a firearm and ammunition. At issue was whether there was insufficient evidence supporting the conviction; whether the district court erred in…
Date: August 4, 2011
Docket Number: 10-3555
Justia Opinion Summary: Appellant alleged that he was disabled as a result of Post Traumatic Stress Disorder, Parkinson's disease, Attention Deficit Disorder, and peripheral neuropathy and that these mental and physical limitations he had as a…
Date: August 3, 2011
Docket Number: 10-1702
Justia Opinion Summary: After appellant defaulted on her mortgage, Countrywide Home Loans (Countrywide) foreclosed on the property. Appellant filed suit, alleging that Countrywide violated Minnesota's Farmer-Lender Mediation Act (FMLA),…
Date: August 3, 2011
Docket Number: 10-2176
Justia Opinion Summary: Plaintiff, an eleven-year-old special education student, lived in the Minnesota Independent School District No. 15 (district). An ALJ for the Minnesota Department of Education determined that the district had denied…
Date: August 3, 2011
Docket Number: 10-2502
Justia Opinion Summary: Defendant pled guilty to distributing heroin. Defendant appealed her 60 month prison sentence, arguing that the district court erred in departing upward from the advisory Guidelines range pursuant to U.S.S.G. 5K2.1 and…
Date: August 3, 2011
Docket Number: 10-2655
Justia Opinion Summary: This case arose when Pauline Thomas brought her daughter, Jane Doe and four of her grandchildren, including John Doe and R.N.T. to the Emergency Room at the Hennepin County Medical Center and reported her concerns that…
Date: August 3, 2011
Docket Number: 10-3403
Justia Opinion Summary: Appellant, a Delaware corporation with its principal place of business in St. Louis, Missouri, sued appellee, a Spanish corporation with its principal place of business in Barcelona, Spain, for breach of contract and…
Date: August 3, 2011
Docket Number: 10-3581
Justia Opinion Summary: Defendant was convicted of various drug and firearm charges, including one count of use of a firearm during and in relation to drug trafficking crimes. Defendant appealed the denial of his motion to suppress and his…
Date: August 3, 2011
Docket Numbers: 11-6028, 11-6029, 11-6030
Justia Opinion Summary: This case stemmed from the replevin actions filed by Klein Bank against debtors. Klein Bank appealed from the Orders of the Bankruptcy Court denying its motions to remand its replevin actions which had been removed from…
Date: August 2, 2011
Docket Number: 10-2110
Justia Opinion Summary: The district court revoked defendant's term of supervised release after finding that he violated the following four conditions of his supervised release: (1) that he submit to drug testing; (2) that he not possess a…
Date: August 2, 2011
Docket Number: 10-2903
Justia Opinion Summary: This case involved a dispute between Companion Property (Companion) and Casualty Insurance Company and Triple H Debris Removal, Inc. (Triple H) over the cancellation of a workers' compensation insurance policy based on…
Date: August 1, 2011
Docket Number: 09-3672
Justia Opinion Summary: Plaintiff, the owner of the federal trademark "The Flying Burrito Company," appealed the district court's dismissal of its trademark infringement action for lack of personal jurisdiction. At issue was whether a federal…
Date: August 1, 2011
Docket Numbers: 10-1428, 10-1579
Justia Opinion Summary: D.J.M., a student in the Hannibal Public School District #60 (district), sent instant messages from his home to a classmate in which he talked about getting a gun and shooting some other students at school. After D.J.M.…
Date: August 1, 2011
Docket Number: 10-3521
Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, petitioned for review of an order of the BIA that affirmed an IJ's denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The…
Date: August 1, 2011
Docket Number: 10-3527
Justia Opinion Summary: Defendant was convicted of unlawful possession of firearms as a previously convicted felon and sentenced to 204 months imprisonment. At issue was whether the district court erred by not submitting defendant's proposed…
Date: August 1, 2011
Docket Number: 11-1391
Justia Opinion Summary: Defendant, 16 years-old at the time, appealed his juvenile delinquency conviction on two counts of aggravated assault of his four year old nephew (J.D.). On appeal, defendant contended that J.D.'s refusal to identify him…
Date: July 29, 2011
Docket Number: 10-3668
Justia Opinion Summary: Defendant was convicted of one count of bank robbery after robbing the First National Bank of Walker in Akeley, Minnesota. Defendant appealed his conviction, challenging the denial of his motion to suppress, the…
Date: July 28, 2011
Docket Number: 10-1298
Justia Opinion Summary: Defendant was convicted of possessing crack cocaine with the intent to distribute, of conspiring to do the same thing, and of conspiring in crack cocaine distribution. At issue was whether the district court properly…
Date: July 28, 2011
Docket Number: 10-1340
Justia Opinion Summary: Plaintiffs, on behalf of a putative class, sued defendant under the Missouri Second Mortgage Loan Act (MSMLA), Mo. Rev. Stat. 408.231-408.241, alleging that defendant charged them unauthorized interest and fees in…
Date: July 28, 2011
Docket Number: 10-2095
Justia Opinion Summary: After concluding that police violated plaintiff's constitutional rights in seizing items from his residence, a Missouri state trial court suppressed the evidence. Missouri filed an interlocutory appeal of the suppression…
Date: July 28, 2011
Docket Number: 10-3129
Justia Opinion Summary: Wife, suing on behalf of her deceased husband, (plaintiff) filed tort claims and a breach of warranty claim against pharmaceutical companies, alleging that the prescription Mirapex that husband used to treat his…
Date: July 28, 2011
Docket Number: 10-3203
Justia Opinion Summary: Defendant pleaded guilty to one count of interstate domestic violence and one count of being a felon in possession of a firearm after he took his wife by gunpoint across state lines. At issue was the district court's…
Date: July 28, 2011
Docket Number: 10-3475
Justia Opinion Summary: Defendant was convicted of possession of a firearm while subject to a court order restraining him from harassing, stalking, or threatening an intimate partner and sentenced to 69 months imprisonment. Defendant appealed,…
Date: July 28, 2011
Docket Number: 10-3675
Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, petitioned for review of the BIA's decision denying his application for cancellation of removal. After a merits hearing, the IJ found that petitioner satisfied the…
Date: July 28, 2011
Docket Number: 11-1177
Justia Opinion Summary: Defendant entered a conditional guilty plea to being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). At issue was whether there was probable cause to search…
Date: July 28, 2011
Docket Number: 11-1214
Justia Opinion Summary: Defendant was convicted of exceeding authorized computer access and obtaining information from a department of the United States in violation of 18 U.S.C. 1030(a)(2)(B) and (c)(2)(A) where defendant used her employment…
Date: July 27, 2011
Docket Number: 10-3100
Justia Opinion Summary: Appellant sued Prudential Financial, Inc., for breach of contract, contending that Prudential, which issued a group long-term disability insurance policy to his employer, breached the policy by denying his claim for…
Date: July 27, 2011
Docket Number: 10-3111
Justia Opinion Summary: Defendant conditionally pleaded guilty to knowingly and intentionally manufacturing and attempting to manufacture 100 or more marijuana plants. At issue was whether the district court erroneously failed to suppress a…
Date: July 27, 2011
Docket Number: 10-3330
Justia Opinion Summary: At a tribal housing complex in Peever, South Dakota, defendant stabbed two men, killing one. Defendant was subsequently convicted of first degree murder and aggravated assault and sentenced to life imprisonment. At issue…
Date: July 26, 2011
Docket Number: 10-2230
Justia Opinion Summary: Defendant was convicted of conspiring to manufacture methamphetamine and sentenced to a mandatory-minimum term of life imprisonment. Defendant appealed his conviction, contending that the government presented…
Date: July 26, 2011
Docket Number: 10-2245
Justia Opinion Summary: Defendant was convicted of five counts of aggravated sexual abuse of his wife's child and sentenced to concurrent sentences of 360 months imprisonment for each count. On appeal, defendant raise numerous trial and…
Date: July 22, 2011
Docket Number: 10-2249
Justia Opinion Summary: Plaintiff sued defendant, the Secretary of the Navy, for sexual harassment and retaliation, in addition to state law claims. Plaintiff appealed the district court's dismissal of the case based on the failure to exhaust…
Date: July 22, 2011
Docket Number: 10-2586
Justia Opinion Summary: Appellant, the named beneficiary of an accident benefits plan that her husband obtained through his employer, brought suit under ERISA, 29 U.S.C. 1001 et seq., alleging that the plan administrator, Metropolitan Life…
Date: July 22, 2011
Docket Number: 10-2832
Justia Opinion Summary: Plaintiff appealed from the district court's dismissal of his claim for benefits under ERISA, 29 U.S.C. 1001 et seq., where the district court held that he failed to exhaust his administrative remedies. The court held…
Date: July 22, 2011
Docket Number: 10-2901
Justia Opinion Summary: Defendant was convicted of six counts of bank fraud and sentenced to 80 months imprisonment where defendant recruited other individuals to cash counterfeit checks. At issue was whether the district court erred by…
Date: July 22, 2011
Docket Number: 10-2924
Justia Opinion Summary: After defendant denied plaintiff's claim for long-term disability benefits (LTD benefits), where plaintiff suffered from fibromyalgia, plaintiff filed a complaint against defendant pursuant to ERISA, 29 U.S.C. 1000 et…
Date: July 22, 2011
Docket Number: 10-3544
Justia Opinion Summary: Defendant was convicted of conspiracy to manufacture more than 1000 marijuana plants. Defendant appealed her convictions contending that there was insufficient evidence to sustain the jury's guilty verdict; the district…
Date: July 22, 2011
Docket Numbers: 10-3708, 10-3794
Justia Opinion Summary: Arturo Garcia and Edvin Maldonado were convicted of conspiracy to distribute methamphetamine and multiple counts of distribution of methamphetamine. Both Garcia and Maldonado appeal their convictions. The court held that…
Date: July 22, 2011
Docket Number: 11-1161
Justia Opinion Summary: Defendant was charged with conspiracy to distribute methamphetamine, distribution of methamphetamine, being an unlawful user of methamphetamine in possession of firearms, and unlawfully possessing an unregistered…
Date: July 21, 2011
Docket Number: 09-3292
Justia Opinion Summary: Defendant was convicted of failing to account for and pay employment taxes under 26 U.S.C. 7202, sentenced to 48 months imprisonment and fined $75,000. Defendant appealed his conviction, the calculation of loss to the…
Date: July 21, 2011
Docket Number: 10-2460
Justia Opinion Summary: Viasystems, Inc., a Missouri-based corporation, filed suit against EBM-Papst St. Georgen GmbH & Co., KG (St. Georgen), a German corporation, alleging several claims in contract and tort. At issue was whether the district…
Date: July 21, 2011
Docket Number: 10-3138
Justia Opinion Summary: Defendant pled guilty to distribution of cocaine base within 1000 feet of a protected location after a prior conviction for a felony drug offense and to being a felon and domestic abuser in possession of a firearm.…
Date: July 20, 2011
Docket Number: 09-2871
Justia Opinion Summary: Debtor reopened his Chapter 13 bankruptcy proceedings and thereafter, moved the bankruptcy court to hold in contempt his former spouse and her subrogee, West Virginia's Department of Health and Human Resources, Bureau of…
Date: July 20, 2011
Docket Number: 10-1089
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and was sentenced to 120 months imprisonment where the district court applied a six-level enhancement to his base offense level, concluding that…
Date: July 20, 2011
Docket Number: 10-2268
Justia Opinion Summary: Defendant pleaded guilty to one count of being an alien found in the United States following a prior removal and sentenced to 77 months imprisonment. At issue was whether the district court procedurally erred in…
Date: July 19, 2011
Docket Number: 10-1524
Justia Opinion Summary: Appellant appealed the district court's judgment upholding the Commissioner of Social Security's denial of his application for disability insurance and supplemental security income (SSI) benefits, under Title II and XVI…
Date: July 19, 2011
Docket Number: 10-1820
Justia Opinion Summary: The SEC brought a civil action against defendant alleging that, as an outside director of Engineered Support Systems, Inc. (ESSI), he violated numerous federal securities laws by participating in the grant of backdated,…
Date: July 19, 2011
Docket Number: 10-2718
Justia Opinion Summary: This case stemmed from a distributor agreement (Agreement) granting Southern Wine & Spirits of Nevada (Southern) "the exclusive right to sell and distribute" bottled water products supplied by Mountain Valley Spring…
Date: July 19, 2011
Docket Number: 10-3272
Justia Opinion Summary: Plaintiff sued the Wild Rose Casino and an agent of the Iowa Division of Criminal Investigation alleging violations of her constitutional rights under 42 U.S.C. 1983, as well as state law claims for false arrest and…
Date: July 18, 2011
Docket Number: 10-2446
Justia Opinion Summary: Appellant sued his employer alleging race discrimination and retaliation for opposing race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. At issue was whether the…
Date: July 18, 2011
Docket Number: 10-2678
Justia Opinion Summary: Appellant sued his former employer claiming under Missouri law that the employer subjected him to malicious prosecution and false arrest for his alleged theft of certain checks. A issue was whether the district court…
Date: July 15, 2011
Docket Number: 09-3670
Justia Opinion Summary: Defendant was convicted of one count of attempted sexual exploitation of children, one count of receipt of visual depictions of minors engaged in sexually explicit conduct, and one count of possession of visual…
Date: July 14, 2011
Docket Number: 10-1070
Justia Opinion Summary: Defendant pleaded guilty to distributing more than five but less than fifty grams of cocaine base and was sentenced to 150 months imprisonment. Defendant appealed, arguing a procedural error and that his sentence was…
Date: July 14, 2011
Docket Number: 10-1696
Justia Opinion Summary: This case involved a type of insurance fraud known as "Stranger Originated Life Insurance" (STOLI), "whereby," as plaintiff described, "high face amount insurance polices insuring senior citizens are obtained for the…
Date: July 14, 2011
Docket Number: 10-1816
Justia Opinion Summary: Plaintiff appealed from the district court's grant of summary judgment in favor of defendant on his claims that defendant committed employment discrimination, in violation of the Uniformed Services Employment and…
Date: July 14, 2011
Docket Number: 10-2030
Date: July 14, 2011
Docket Number: 10-2405
Justia Opinion Summary: Plaintiff sued the City of Jonesboro, its mayor, and the members of its city council, alleging that methane gas from a city landfill invaded a tract of land owned by plaintiff and so reduced its value which amounted to a…
Date: July 14, 2011
Docket Number: 10-2533
Justia Opinion Summary: Defendant conditionally plead guilty to being a felon in possession of a firearm, reserving the right to appeal the district court's denial of his motion to suppress a handgun seized in a search of his car and his…
Date: July 14, 2011
Docket Numbers: 10-3452, 10-3456
Justia Opinion Summary: The Sierra Club and several related parties brought this action against the U.S. Army Corps of Engineers (the Corps) seeking to set aside a Clean Water Act, 33 U.S.C. 1251 et seq., permit (the section 404 permit) the…
Date: July 14, 2011
Docket Number: 10-3456
Date: July 14, 2011
Docket Number: 10-3587
Justia Opinion Summary: Defendant was convicted of three counts of bank robbery and sentenced to 216 months imprisonment, with the first 36 months of the sentence running concurrently with an undischarged West Virginia sentence. Defendant…
Date: July 14, 2011
Docket Number: 10-3826
Justia Opinion Summary: Appellant challenged his conviction by a jury for being a felon in possession of a firearm and contended that the district court erred by failing to suppress evidence because it was only when a police officer was in a…
Date: July 14, 2011
Docket Number: 11-1132
Justia Opinion Summary: Defendant was convicted of aggravated sexual abuse of a child. At issue was whether the district court abused its discretion when it allowed an expert witness to describe to the jury the emotional and behavioral…
Date: July 14, 2011
Docket Number: 11-6027
Justia Opinion Summary: Following remand for consideration of the effect of 11 U.S.C. 544(a) on the trustee's motion to sell, the bankruptcy court entered judgment denying the trustee's request to sell jointly-owned real estate free and clear…
Date: July 13, 2011
Docket Number: 10-1937
Justia Opinion Summary: Neighborhood Enterprises, Inc., Sanctuary In the Ordinary, and Jim Roos (collectively, Sanctuary) filed suit against, inter alia, the City of St. Louis and St. Louis Board of Adjustment challenging the Board's denial of…
Date: July 13, 2011
Docket Number: 10-3022
Justia Opinion Summary: A former employee of Schwan's Home Service (Schwan) filed a charge with the EEOC alleging gender discrimination while she was employed at Schwan. Schwan subsequently appealed the district court's order enforcing an…
Date: July 13, 2011
Docket Number: 10-3505
Justia Opinion Summary: Defendant pled guilty to one count of securities fraud, alleged in the indictment to be a violation of 15 U.S.C. 78j(b), 78ff, and 17 C.F.R. 240.10(b)-5. At issue was whether the district court erred in holding that…
Date: July 13, 2011
Docket Numbers: 11-1115, 11-1152
Justia Opinion Summary: Defendant, an African American, appealed his conviction for being a felon in possession of a firearm, claiming that the district court erred by overruling his objections under Batson v. Kentucky where a significant…
Date: July 12, 2011
Docket Number: 09-2992
Justia Opinion Summary: Defendant pleaded guilty to the second degree murder of his uncle in Indian country and defendant was sentenced as a career offender to 360 months imprisonment. Defendant filed a 28 U.S.C. 2255 motion to vacate his…
Date: July 12, 2011
Docket Number: 10-2524
Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm or ammunition in violation of 18 U.S.C. 922(g)(1). On appeal, defendant argued that he was mentally incompetent to proceed pro se both at trial and…
Date: July 12, 2011
Docket Number: 10-2697
Justia Opinion Summary: Defendant appealed his conviction of conspiracy to distribute a controlled substance and distribution of a controlled substance. At issue was whether the district court erred by denying his motion for acquittal on both…
Date: July 12, 2011
Docket Number: 11-1441
Justia Opinion Summary: Petitioners sought review of a decision by the Nuclear Regulatory Commission (NRC) under the Atomic Energy Act, 42 U.S.C. 2201 et seq., to renew the operating license of the Duane Arnold Energy Center (DAEC) in Palo,…
Date: July 12, 2011
Docket Number: 11-1441
Date: July 11, 2011
Docket Number: 10-1354
Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment dismissing claims of wrongful termination against her former employer, its president and chief executive officer, and its principal owner (collectively,…
Date: July 11, 2011
Docket Numbers: 10-2282, 10-2401
Justia Opinion Summary: Plaintiffs sued defendant over the sale of an automated hunting and fishing licensing system, alleging that defendant misrepresented the capabilities and costs of its software system, as well as information about key…
Date: July 11, 2011
Docket Number: 11-8016
Justia Opinion Summary: Petitioner, an attorney appointed under the Criminal Justice Act (CJA), 18 U.S.C. 3006A, appealed from various orders of the district court, asking the district court to reimburse her for various extrajudicial activities…
Date: July 8, 2011
Docket Number: 09-3619
Justia Opinion Summary: Defendant pleaded guilty to four counts of aiding and abetting the preparation of false federal income tax returns and was sentenced to 72 months imprisonment. Defendant argued that his experiences in Somalia during the…
Date: July 8, 2011
Docket Number: 10-2159
Justia Opinion Summary: Defendant was convicted of assaulting, resisting, or impeding a federal officer resulting in bodily injury and was sentenced to 27 months imprisonment and three years of supervised release. Defendant appealed his…
Date: July 8, 2011
Docket Number: 10-2237
Justia Opinion Summary: Defendant was convicted of one count of conspiracy to defraud the United States and two counts of aiding and assisting in the preparation of a false tax return. At trial, the government offered, without objection,…
Date: July 8, 2011
Docket Number: 11-1898
Justia Opinion Summary: This appeal stemmed from an action filed by nine professional football players and one prospective football player (Players) against the National Football League and its 32 separately-owned clubs (NFL or League). On…
Date: July 7, 2011
Docket Number: 09-3464
Justia Opinion Summary: Defendant pleaded guilty to four counts of bank robbery and based on two prior burglary convictions, the district court found that he was a career offender and sentenced him to 151 months in prison. Defendant appealed,…
Date: July 7, 2011
Docket Number: 10-1179
Justia Opinion Summary: Defendant appealed her convicted of conspiracy to distribute 50 or more grams of methamphetamine, and aiding and abetting possession with intent to distribute 50 or more grams of methamphetamine. The court held that it…
Date: July 7, 2011
Docket Number: 10-1825
Justia Opinion Summary: Monarch Fire Protection District of St. Louis County (Monarch) appealed several adverse rulings in favor of Freedom Consulting & Auditing Services, Inc. (Freedom), Freedom's owner, and a Freedom employee. The…
Date: July 7, 2011
Docket Number: 10-2326
Justia Opinion Summary: The ACLU sued public charter school Tarek ibn Ziyad Academy (TIZA) and other defendants for violations of the Establishment Clause. At issue was whether the parents of students who attended TIZA had standing to intervene…
Date: July 7, 2011
Docket Number: 10-2734
Justia Opinion Summary: Plaintiff and his wife brought an action under Minnesota law against defendant claiming that he had negligently failed to inform plaintiff that a risk of permanent blindness accompanied the spine surgery procedure that…
Date: July 7, 2011
Docket Number: 10-2870
Justia Opinion Summary: Plaintiff brought this suit under ERISA, 29 U.S.C. 1001-1461, and the FMLA, 29 U.S.C. 2601-2654, against the state, the Iowa Department of Administrative Services (DAS), and two officials of the DAS. At issue was whether…
Date: July 7, 2011
Docket Number: 10-2908
Justia Opinion Summary: Appellant filed a lawsuit, after she was terminated from her position as a clerk-typist at Iowa State University (University), claiming that those responsible for the termination violated her rights under federal…
Date: July 7, 2011
Docket Number: 10-2926
Justia Opinion Summary: Defendant pled guilty to conspiring to distribute 500 grams or more of a mixture or substance containing methamphetamine. At issue was whether the district court abused its discretion when it denied defendant's motion to…
Date: July 7, 2011
Docket Number: 10-3261
Justia Opinion Summary: Appellees brought this declaratory judgment action seeking a determination that there was no coverage for an accident involving a company car driven by Daniel Brandt and injuring Donald Bunch. At issue was whether…
Date: July 6, 2011
Docket Number: 10-1154
Justia Opinion Summary: Defendant was charged for the offense of domestic assault by a habitual offender under 18 U.S.C. 117 and the district court dismissed the indictment because, although defendant had received prior misdemeanor abuse…
Date: July 6, 2011
Docket Number: 10-2234
Justia Opinion Summary: Appellant appealed the district court's denial of his 28 U.S.C. 2254 petition for habeas corpus relief where he was convicted of armed criminal action and first degree murder of the estranged husband of his romantic…
Date: July 6, 2011
Docket Number: 10-2267
Justia Opinion Summary: Minnesota homeowners brought this action against Zurn Pex, Inc. and Zurn Industries, Inc. (Zurn), alleging that brass fittings used in the company's cross linked polyethylene (PEX) plumbing systems was inherently…
Date: July 6, 2011
Docket Number: 10-2636
Justia Opinion Summary: Plaintiff brought a diversity action against Dillard's, Inc. seeking damages for the injuries she sustained to her right shoulder when a high-hanging rack of apparel fell on her at a Dillard's store. Plaintiff's husband,…
Date: July 6, 2011
Docket Number: 11-1159
Justia Opinion Summary: ABF sued YRC, the International Brotherhood of Teamsters and two of its locals (collectively, Union), and the bargaining representatives of YRC and the Union (collectively, defendants) for violation of a collective…
Date: July 5, 2011
Docket Number: 10-1440
Justia Opinion Summary: Appellant appealed the district court's adverse grant of summary judgment in her employment discrimination action against UPS, brought pursuant to 42 U.S.C. 1981 and Title VII of the Civil Rights Act, 42 U.S.C. 2000e.…
Date: July 5, 2011
Docket Number: 10-1743
Justia Opinion Summary: Appellants (AVELA) appealed a permanent injunction prohibiting them from licensing certain images extracted from publicity materials for the films "Gone with the Wind" and "The Wizard of Oz," as well as several animated…
Date: July 5, 2011
Docket Number: 10-1981
Justia Opinion Summary: Defendant plead not guilty by reason of mental disease or defect when he was charged with first degree murder for stabbing his wife in 1992 and was committed to the custody of the Missouri Department of Mental Health.…
Date: July 5, 2011
Docket Number: 10-2169
Justia Opinion Summary: Defendant was convicted of illegal reentry by an alien who was previously deported and sentenced to 70 months imprisonment. Defendant appealed the district court's refusal to allow him to present a defense of necessity…
Date: July 5, 2011
Docket Number: 10-2770
Justia Opinion Summary: Defendant pleaded guilty to one count of failing to register as a sex offender and was sentenced to thirty months imprisonment followed by ten years of supervised release. Defendant appealed his two special conditions of…
Date: July 5, 2011
Docket Number: 10-2888
Justia Opinion Summary: After the city did not hire appellant for a position with the Minneapolis Police Department, appellant, who was born in Afghanistan, filed suit alleging that the city discriminated against him based on his race, color,…
Date: July 1, 2011
Docket Numbers: 10-2272, 10-2399, 10-2724, 10-2824
Justia Opinion Summary: Defendants, Debra Palmer and Todd Barkau, operated an illicit bondage domination sadism masochism (BDSM) business and trained Palmer's 12 year old daughter to become a dominatrix. When the child was 14 years old,…
Date: June 30, 2011
Docket Number: 10-2849
Justia Opinion Summary: Defendant fired a rifle shot through the front grill of a government owned pickup truck in the custody of the Bureau of Indian Affairs (BIA) land assessor. After the court vacated his initial conviction of depredation of…
Date: June 30, 2011
Docket Number: 10-2985
Justia Opinion Summary: Defendant pled guilty to two counts of armed robbery in violation of 18 U.S.C. 2113(a) and (d) and the district court sentenced him to 200 months imprisonment. Defendant appealed, claiming that the district court erred…
Date: June 29, 2011
Docket Numbers: 10-2486, 10-2522
Justia Opinion Summary: Defendants, Jorge Giovani Muniz Ochoa and Elvis Montes Trill, and nine others, were charged with conspiracy to distribute 500 grams or more of methamphetamine and 50 grams or more of actual methamphetamine in violation…
Date: June 29, 2011
Docket Number: 11-1805
Justia Opinion Summary: TCF National Bank (TCF) sued to enjoin a portion of the Dodd-Frank Wall Street Reform Act (Act) of 2010, Pub. L. No. 111-203, 124 Stat. 1376, that would limit the rate some financial institutions could charge for…
Date: June 28, 2011
Docket Number: 10-1472
Justia Opinion Summary: Plaintiff sued defendant alleging that defendant retaliated against him for seeking accommodation for a disabled subordinate contrary to the Iowa Civil Rights Act, Iowa Code 216.6 & 216.11. At issue was whether a jury…
Date: June 28, 2011
Docket Number: 10-2412
Justia Opinion Summary: St. Charles Tower, Inc. (St. Charles) filed suit against defendants after they declined to issue St. Charles a conditional use permit necessary to construct a proposed cell-phone tower in Franklin County. After the…
Date: June 27, 2011
Docket Number: 10-3205
Justia Opinion Summary: Appellant sought disclosure of geospatial data from the USDA under the Freedom of Information Act (FOIA), 5 U.S.C. 552, and the Administrative Procedure Act (APA), 5 U.S.C. 701 et seq. At issue was whether the district…
Date: June 27, 2011
Docket Number: 10-3471
Justia Opinion Summary: Appellant pleaded guilty to three counts of bank robbery and one count of aiding and abetting the use of a firearm in furtherance of a crime of violence. At issue was whether the district court properly assessed too many…
Date: June 27, 2011
Docket Number: 10-3495
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm, a fully loaded .380 Baikal semiautomatic pistol with part of the serial number "filed off" or "scratched over." At issue was whether the district court…
Date: June 24, 2011
Docket Number: 10-1587
Justia Opinion Summary: Plaintiff, the personal representative of the estate of Velda Smith, sued defendants for medical malpractice, claiming that defendants negligently failed to transfer Smith to a medical facility where she could have…
Date: June 24, 2011
Docket Number: 10-3130
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to commit money laundering related to a massive Ponzi scheme and was sentenced to 130 months imprisonment. At issue was whether the district court failed to adequately explain the…
Date: June 22, 2011
Docket Number: 10-2266
Justia Opinion Summary: Defendant, a citizen of Mexico, pled guilty to illegal reentry after deportation and possession of a firearm by an illegal alien. Defendant argued that because his exact name was not on the charging document, there was…
Date: June 22, 2011
Docket Number: 10-2611
Justia Opinion Summary: Defendant was convicted of one count of attempted distribution, one count of receipt of child pornography, and simple possession of child pornography. At issue was whether there was sufficient evidence to convict…
Date: June 21, 2011
Docket Number: 10-1899
Justia Opinion Summary: Plaintiff alleged that defendants violated his procedural due process rights when he was relieved of his responsibilities to fight, inspect, and investigate fires for the Pleasant Hill Volunteer Fire Department. At issue…
Date: June 20, 2011
Docket Number: 10-3404
Justia Opinion Summary: Defendant pled guilty to two counts of distributing, and one count of manufacturing, a mixture or substance containing cocaine base ("crack cocaine") and was sentenced to concurrent 121 month terms of imprisonment. At…
Date: June 17, 2011
Docket Number: 10-1689
Justia Opinion Summary: This lawsuit arose from the dispute between the parties about how much appellant was obligated to pay appellee for auto-glass goods and services rendered on behalf of appellant's insureds. Appellants appealed from the…
Date: June 17, 2011
Docket Number: 10-1761
Justia Opinion Summary: Lead plaintiff in this consolidated, but uncertified, class action securities lawsuit sued defendants alleging violations of section 10(b) and 20(a) of the Securities and Exchange Act of 1934, 15 U.S.C. 78j(b) and…
Date: June 17, 2011
Docket Number: 10-2243
Justia Opinion Summary: Appellant appealed from the district court's grant of summary judgment in favor of his former employer on his claims of race discrimination, hostile work environment, and termination as a result of retaliation in…
Date: June 17, 2011
Docket Number: 10-3164
Justia Opinion Summary: In 2006, defendant was charged in Nebraska state court with third degree domestic assault and two years later, defendant was charged with possession of a firearm after conviction for a misdemeanor crime of domestic…
Date: June 17, 2011
Docket Number: 10-3419
Justia Opinion Summary: Appellants, on behalf of their disabled daughter, appealed the district court's finding that the Fort Osage R-1 School District ("school district") offered the daughter a free appropriate public education ("FAPE") within…
Date: June 16, 2011
Docket Number: 10-1113
Justia Opinion Summary: Plaintiffs sued defendant, their former employer, for age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 623(a), and the Minnesota Human Rights Act ("MHRA"), Chapter 363A. At…
Date: June 15, 2011
Docket Number: 10-2457
Justia Opinion Summary: Defendant was convicted of three counts of receipt and distribution and one count of knowing possession of child pornography. At issue was whether the district court abused its discretion in granting the government's…
Date: June 14, 2011
Docket Number: 09-3600
Justia Opinion Summary: Petitioner, a citizen of Mexico, contended that section 212(a)(6)(C)(ii) of the Immigration and Nationality Act ("INA"), 8 U.S.C. 1101, which rendered inadmissible any alien who made a false claim to United States…
Date: June 14, 2011
Docket Number: 11-6009
Justia Opinion Summary: Plaintiff, the creditor, appealed from the judgment of the bankruptcy court holding that a debt of defendant, the debtor, to creditor was not excepted from the debtor's discharge pursuant to 11 U.S.C. 523(a)(6). At issue…
Date: June 13, 2011
Docket Number: 10-2310
Justia Opinion Summary: Petitioner, a citizen of the Philippines, filed a petition for review of the BIA's decision affirming the IJ's final order of removal, concluding that petitioner was barred from seeking adjustment of status under 8…
Date: June 13, 2011
Docket Number: 10-2995
Justia Opinion Summary: Defendant pled guilty to conspiring to distribute at least 500 grams of a mixture and substance containing methamphetamine and was sentenced to 240 months imprisonment. At issue was whether the district court erred in…
Date: June 13, 2011
Docket Number: 10-3278
Justia Opinion Summary: Plaintiff received disability insurance benefits under the Social Security Act 42 U.S.C. 301 et seq., between September 1994 and March 2004. After an investigation, the Social Security Administration ("SSA") notified…
Date: June 13, 2011
Docket Number: 10-3504
Justia Opinion Summary: Defendant was arrested and indicted for possession with intent to distribute over five hundred grams of methamphetamine. At issue was whether the district court erred in granting defendant's motion to suppress evidence…
Date: June 13, 2011
Docket Number: 10-3569
Justia Opinion Summary: Defendant pled guilty to possessing child pornography where he and his adult son shared a computer containing more than 600 images of child pornography. Defendant appealed his sentence of 60 months imprisonment,…
Date: June 10, 2011
Docket Numbers: 10-1676, 10-1677, 10-1678, 10-1679
Justia Opinion Summary: Appellees sued the Catholic Archdiocese of St. Louis ("Archdiocese"), alleging that one of its priests sexually abused them when they were children and asserted Missouri common law claims against the Archdiocese for…
Date: June 10, 2011
Docket Number: 10-1957
Justia Opinion Summary: Appellant sued appellees, alleging violations of procedural and substantive due process under the Fourteenth Amendment for not reappointing him to a certain college faculty position. At issue was whether the district…
Date: June 10, 2011
Docket Number: 10-1970
Justia Opinion Summary: Appellant pleaded guilty to traveling in interstate commerce to engage in illicit sexual conduct with a minor. Appellant appealed from certain special conditions, contending that they were not reasonably related to the…
Date: June 10, 2011
Docket Number: 10-6085
Justia Opinion Summary: Appellant, the debtors' attorney, as a holder of an administrative claim for his attorney fees, appealed the Bankruptcy Court's Order denying his motion to reconsider an Order denying his Rule 60(b) motion. The court…
Date: June 9, 2011
Docket Number: 09-2709
Justia Opinion Summary: Appellant was convicted of drug and firearm charges and the district court, resentencing him after two prior remands from the court, sentenced him to 72 months imprisonment. Appellant appealed the sentence, arguing that…
Date: June 9, 2011
Docket Number: 10-1734
Justia Opinion Summary: Appellant appealed from the district court's order civilly committing him to the custody of the Attorney General of the United States pursuant to the Insanity Defense Reform Act ("IDRA"), 18 U.S.C. 4246, where the…
Date: June 9, 2011
Docket Number: 10-2179
Justia Opinion Summary: Plaintiff sued defendants, including the police officer that shot him, alleging violations of 42 U.S.C. 1983 and various state law theories. At issue was whether the district court erred by denying the officer's motion…
Date: June 9, 2011
Docket Numbers: 10-2384, 10-2459
Justia Opinion Summary: Appellant pled guilty to aiding and abetting the abuse of a minor where, as part of her plea agreement, appellant admitted that she had failed to respond to an incident of sexual abuse involving her partner and one of…
Date: June 9, 2011
Docket Number: 10-2414
Justia Opinion Summary: Plaintiff sued defendant under the Minnesota Human Rights Act ("MHRA"), Chapter 363A, alleging that defendant terminated her and took other adverse employment actions against her because she made complaints of…
Date: June 9, 2011
Docket Number: 10-2650
Justia Opinion Summary: Appellant challenged his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). At issue was whether the district court erred in denying his request to withdraw his Alford plea…
Date: June 9, 2011
Docket Numbers: 10-3294, 10-3564
Justia Opinion Summary: Defendant was sentenced to 71 months of imprisonment and three years of supervised release after being convicted of eleven counts of mail fraud and three counts of money laundering over a decade ago. At issue was whether…
Date: June 8, 2011
Docket Number: 09-3325
Justia Opinion Summary: Saint Francis Medical Center ("St. Francis") brought a class action suit against C.R. Bard, Inc. ("Bard"), a supplier of medical supplies, alleging that Bard's contracts with Group Purchasing Organizations violated the…
Date: June 8, 2011
Docket Number: 10-1253
Justia Opinion Summary: Appellant, who had been on a medical leave of absence from appellee for nearly four months, sued appellee alleging violations of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. 2612(a)(1), and the…
Date: June 8, 2011
Docket Number: 10-1288
Justia Opinion Summary: Appellee sued appellant for breach of contract stemming from an agreement between the parties under which appellant would produce, package, and deliver a rice milk product to appellee. At issue was whether the district…
Date: June 8, 2011
Docket Number: 10-1848
Justia Opinion Summary: Appellants appealed from an order granting summary judgment to appellee on a claim arising under the Worker Adjustment and Retraining Notification Act ("WARN"), 29 U.S.C. 21202, and dismissing without prejudice…
Date: June 7, 2011
Docket Number: 10-2909
Justia Opinion Summary: Defendant appealed his conviction for aggravated identity theft where he admitted that he used his father's social security number ("SSN") "during and in relation to" the commission of other crimes, and the government…
Date: June 6, 2011
Docket Number: 09-2195
Justia Opinion Summary: Appellant brought an action against three law enforcement officers pursuant to 42 U.S.C. 1983 alleging that the officers violated his rights under the Fourth Amendment by using excessive force against him during and…
Date: June 6, 2011
Docket Number: 10-2059
Justia Opinion Summary: Claimant appealed the district court's judgment upholding the Commissioner of Social Security's denial of her application for disability insurance. Appellant raised several issues of error on appeal. The court held that…
Date: June 6, 2011
Docket Number: 10-3325
Justia Opinion Summary: Defendant appealed from the district court's grant of summary judgment in favor of plaintiff, compelling arbitration of a dispute related to healthcare benefits under an expired collective bargaining agreement. At issue…
Date: June 6, 2011
Docket Number: 10-3438
Justia Opinion Summary: Appellant, a 27 year-old, appealed from convictions related to his sexual conduct with the 13 year-old daughter of his girlfriend. At issue was whether the district court erred in applying sentencing enhancements and…
Date: June 2, 2011
Docket Number: 10-6066
Justia Opinion Summary: Debtor appealed the bankruptcy court's order granting creditor relief from the automatic stay to proceed with arbitration of its claim against debtor's bankruptcy estate. At issue was whether the bankruptcy court erred…
Date: June 2, 2011
Docket Number: 10-6075
Justia Opinion Summary: Debtor appealed from an order of the bankruptcy court sustaining creditor's objection to her claim of a homestead exemption as to the bank's claim. Debtor used the proceeds from the sale of her Cerromar property to build…
Date: June 1, 2011
Docket Number: 09-1131
Justia Opinion Summary: Appellants, David Torgerson and Jami Mundell, sued the City of Rochester ("city") alleging, respectively, disparate-treatment discrimination based on national origin and based on gender when the city decided not to hire…
Date: May 31, 2011
Docket Number: 10-3147
Justia Opinion Summary: Defendant was charged with possession with intent to distribute more than 50 kilograms of marijuana after a Nebraska state trooper discovered 182 pounds of marijuana in the trunk of the car he was driving. At issue was…
Date: May 31, 2011
Docket Number: 10-3381
Justia Opinion Summary: Appellant, the finance officer for the Standing Rock Housing Authority of the Standing Rock Sioux Tribe, pleaded guilty to theft concerning programs receiving federal funds and was sentenced to the statutory maximum of…
Date: May 31, 2011
Docket Number: 11-1038
Justia Opinion Summary: Defendant's supervised release was revoked when he failed to comply with a condition prohibiting him from consuming alcohol and was sentenced to eight months in prison. At issue was whether the district court committed…
Date: May 27, 2011
Docket Number: 10-2053
Justia Opinion Summary: Appellant was convicted of abusive sexual contact in Indian country, sexual abuse in Indian country, and assault resulting in serious bodily injury in Indian country. Appellant appealed the sufficiency of the evidence to…
Date: May 27, 2011
Docket Number: 10-2153
Justia Opinion Summary: Appellant pled guilty in 2005 to being a felon in possession of a firearm as part of a plea agreement and sentenced to 120 years imprisonment to run consecutively with a separate 30 month sentence imposed upon revocation…
Date: May 27, 2011
Docket Number: 10-2432
Justia Opinion Summary: Appellant pleaded guilty to one count of conspiracy to distribute 50 grams or more of cocaine base and sentenced to 120 years imprisonment. Appellant appealed his sentence and argued that he was eligible for safety valve…
Date: May 25, 2011
Docket Number: 10-2736
Justia Opinion Summary: Appellant appealed his mandatory 120 month sentence after he pled guilty to various drug trafficking crimes. Appellant contended that he was the victim of sentencing entrapment and that the government's 21 U.S.C. 851(a)…
Date: May 25, 2011
Docket Number: 10-3779
Justia Opinion Summary: Defendant conditionally pled guilty to being a felon in possession of a firearm and ammunition after the district court denied his motion to suppress a handgun found in a vehicle parked in the driveway of the Pleasant…
Date: May 24, 2011
Docket Number: 10-3161
Justia Opinion Summary: Appellant pled guilty to wire fraud and was sentenced to 108 months imprisonment. Appellant argued that his son, who suffered from muscular dystrophy, required around-the-clock care that his wife could not provide by…
Date: May 24, 2011
Docket Number: 10-3218
Justia Opinion Summary: Appellant brought a 42 U.S.C. 1983 action against appellees, the captain of a detention center and two officers of the county sheriff's department, alleging use of excessive force. At issue was whether the district…
Date: May 23, 2011
Docket Numbers: 10-1244, 10-2674
Justia Opinion Summary: Plaintiffs sued defendant in state court alleging that defendant violated a number of its statutory and common-law duties while managing plaintiffs' assets. Defendant filed a notice of removal with the district court,…
Date: May 23, 2011
Docket Number: 10-2674
Date: May 23, 2011
Docket Number: 10-1846
Justia Opinion Summary: Petitioner, a native of Guatemala, appealed from a final order of removal by the Board of Immigration Appeals ("BIA") seeking review of the BIA's decision to reverse itself by granting the government's motion for…
Date: May 23, 2011
Docket Number: 10-1969
Justia Opinion Summary: Appellant, a mortgage broker, was convicted of six counts of mail fraud and one count of conspiracy to commit mail fraud in connection with an equity-stripping scheme that convinced financially desperate homeowners to…
Date: May 20, 2011
Docket Number: 10-1992
Justia Opinion Summary: Defendant was convicted of nine felony counts arising out of various drug and firearm offenses. At issue was whether the district court erred when it calculated defendant's advisory sentencing guidelines range using…
Date: May 20, 2011
Docket Number: 10-2296
Justia Opinion Summary: Plaintiff filed a 42 U.S.C. 1983 action against defendants alleging that defendants violated plaintiff's rights under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment by refusing plaintiff…
Date: May 19, 2011
Docket Number: 10-1476
Justia Opinion Summary: Appellant sued defendants, the City of Minneapolis ("city") and an off-duty city police officer, alleging excessive force claims pursuant to 42 U.S.C. 1983 and assault and batter claims under Minnesota Law. At issue was…
Date: May 19, 2011
Docket Number: 10-2166
Justia Opinion Summary: The Brotherhood of Locomotive Engineers and Trainment ("BLET") filed a claim with the Union Pacific Railroad Company ("UP") seeking reinstatement and backpay for a member of the BLET when UP terminated him while he was…
Date: May 19, 2011
Docket Number: 11-1490
Justia Opinion Summary: T-Mobile Central LLC ("T-Mobile") sued Missouri municipalities for refund of certain tax payments that it had paid under protest and filed ten separate lawsuits seeking to recoup tax payments made within ten specific…
Date: May 17, 2011
Docket Number: 10-1706
Date: May 17, 2011
Docket Number: 10-3168
Justia Opinion Summary: Appellee initially filed for bankruptcy protection under Chapter 13 but after one of his creditors, appellant, filed objections to appellee's Chapter 13 plan, appellee converted the case to a Chapter 7 proceeding. At…
Date: May 16, 2011
Docket Number: 10-3005
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm in violation of U.S.C. 922(g)(1) and the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e)(1), and appealed his sentence of 180 months imprisonment…
Date: May 16, 2011
Docket Number: 10-3126
Justia Opinion Summary: Appellants, three Minnesota corporations seeking to advance their respective social and commercial interests, filed suit to enjoin Minnesota election laws on independent expenditures and corporate contributions to…
Date: May 13, 2011
Docket Number: 10-2048
Justia Opinion Summary: Plaintiff, a former Senior Investigator for the St. Louis office of the Department of Labor's ("DOL") Employee Benefits Security Administration, filed an equal employment opportunity ("EEO") complaint alleging hostile…
Date: May 13, 2011
Docket Number: 10-2715
Justia Opinion Summary: Appellant and appellee entered into two collective bargaining agreements ("2002 Agreement" and "2006 Agreement") covering retiree healthcare benefits that contained dispute resolution procedures. Appellant brought a suit…
Date: May 13, 2011
Docket Number: 10-3320
Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm and manufacturing marijuana. At issue was whether the district court erred by giving the jury only a general unanimity instruction, by refusing his…
Date: May 12, 2011
Docket Number: 09-2138
Justia Opinion Summary: Appellant, a pediatric urologist, sued appellees alleging that appellees engaged in a "sham peer review" when they suspended his hospital privileges and reported the suspension to the national practitioner data bank…
Date: May 12, 2011
Docket Number: 10-2509
Justia Opinion Summary: Appellant pled guilty to one of two counts of distributing cocaine base within 1,000 feet of a protected location, a violation of 21 U.S.C. 841(a)(1), (b)(1)(C), and 860. At issue was whether, at appellant's resentencing…
Date: May 11, 2011
Docket Number: 10-1733
Justia Opinion Summary: Appellant, a firefighter for the City of Sioux Fall's ("City") Fire Rescue Department ("SFFR") and 15 other SFFR firefighters, filed suit against the City seeking overtime compensation under the Fair Labor Standards Act…
Date: May 11, 2011
Docket Number: 10-2076
Justia Opinion Summary: Owatonna Clinic-Mayo Health System ("Clinic") sued its insurer, Medical Protective Company ("Medical Protective"), claiming that the company had breached its obligation to defend and indemnify the Clinic in a medical…
Date: May 11, 2011
Docket Number: 10-2388
Justia Opinion Summary: Defendant pleaded guilty to one count of mailing a threatening communication where he sent threatening communications to his former attorney while on supervised release following a term of incarceration for assaulting a…
Date: May 9, 2011
Docket Number: 10-2027
Justia Opinion Summary: Appellant, formerly a police officer, pleaded guilty to the theft of federal-government property and appealed his sentencing enhancement under U.S. Sentencing Guidelines Manual ("U.S.S.G.") 2B1.1(b)(13)(B)(2009) and…
Date: May 9, 2011
Docket Number: 10-3700
Date: May 6, 2011
Docket Number: 10-2493
Justia Opinion Summary: Appellant petitioned for his son's transfer to Israel for custody adjudication alleging that his son had been wrongfully detained in Iowa by the child's mother. At issue was whether the district court erred in finding…
Date: May 6, 2011
Docket Number: 10-2599
Justia Opinion Summary: Appellant was convicted of four counts of armed bank robbery in violation of 18 U.S.C. 2113(a) and (d) and four counts of carrying and using a firearm in relation to, and possessing a firearm during and in furtherance…
Date: May 5, 2011
Docket Number: 10-1784
Justia Opinion Summary: Plaintiff, a former Nelnet, Inc. ("Nelnet") loan advisor, alleged that certain Nelnet marketing practices were continuing violations of the Federal Family Education Loan Program ("FFELP") established under Part B of the…
Date: May 5, 2011
Docket Number: 10-2939
Justia Opinion Summary: Plaintiff sought disability insurance benefits under the Social Security Act, alleging that migraine headaches, affective mood disorder, and mayofascial back pain left her unable to work. At issue was whether the…
Date: May 4, 2011
Docket Numbers: 09-3750, 09-3754
Justia Opinion Summary: Defendants, along with twelve other individuals, were indicted for their alleged involvement in a conspiracy to distribute cocaine and crack cocaine. At issue was whether the district court properly held that the first…
Date: May 4, 2011
Docket Number: 10-2271
Justia Opinion Summary: Plaintiff filed a petition for equitable garnishment against State Farm Mutual Automobile Insurance Company ("State Farm") after she was injured at a crosswalk from a truck driver, the insured under State Farm's…
Date: May 4, 2011
Docket Number: 10-2910
Justia Opinion Summary: Appellants brought an action against appellee, in his official capacity as Secretary of State of South Dakota, claiming violations of the First and Fourteenth Amendments related to appellants' efforts to place a…
Date: May 3, 2011
Docket Number: 10-1700
Justia Opinion Summary: Trans State Airlines, LLC ("TSA") appealed the district court's grant of summary judgment to Air Line Pilots Association International ("ALPA") enforcing an arbitrator's award of backpay to a pilot after TSA fired him.…
Date: May 3, 2011
Docket Number: 10-2178
Justia Opinion Summary: Defendant appealed a conviction of being a felon in possession of firearms and ammunition in violation of 18 U.S.C. 922(g)(1) and being a felon in possession of an explosive in violation of 18 U.S.C. 842(i)(1). At issue…
Date: May 3, 2011
Docket Number: 10-3421
Justia Opinion Summary: Appellant appealed his conviction of three counts of distribution of cocaine base where the indictment alleged that he distributed a total of 7.8 grams of crack cocaine to a confidential informant on three separate…
Date: May 2, 2011
Docket Number: 10-1037
Justia Opinion Summary: Plaintiff sued his former employer for alleged violations of state and federal discrimination claims after he was terminated by the former employer when he was 57-years-old. The district court granted summary judgment in…
Date: May 2, 2011
Docket Number: 10-2705
Justia Opinion Summary: Appellant, an enrolled member of the Oglala Sioux Tribe, pled guilty to assault with a dangerous weapon in Indian Country in violation of 18 U.S.C. 113(a)(3) and 1153 and was sentenced to 36 months imprisonment followed…
Date: May 2, 2011
Docket Number: 10-2932
Justia Opinion Summary: Plaintiff sued the City of Little Rock under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12133, and the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. 794a(a)(2), when she was injured…
Date: May 2, 2011
Docket Number: 10-3090
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm and was sentenced to 108 months in prison followed by three years of supervised release. At issue was whether the district court erred in applying a cross…
Date: April 29, 2011
Docket Number: 06-1103
Justia Opinion Summary: After a jury found defendant guilty of various federal sex crimes, the district court sentenced her to 120 months in prison and the court reversed the sentence, holding that it was unreasonable. The Supreme Court…
Date: April 29, 2011
Docket Number: 10-1701
Justia Opinion Summary: Appellant brought a products liability lawsuit against appellee after appellant's left arm was amputated below his elbow as the result of a farming accident on a 1998 New Holland Model 648 hay baler. A jury found in…
Date: April 28, 2011
Docket Number: 10-1558
Justia Opinion Summary: Plaintiffs, three Minnesota-based grass roots advocacy organizations, challenged a Minnesota law that made it a crime to knowingly, or with reckless disregard for the truth, make a false statement about a proposed ballot…
Date: April 28, 2011
Docket Number: 10-1821
Justia Opinion Summary: Plaintiffs sued DAP, Inc. ("DAP") on behalf of herself and the decedent's minor children when decedent suffered second and third-degree burns on 80% of his body and ultimately died from an accident that occurred when he…
Date: April 28, 2011
Docket Number: 10-3264
Justia Opinion Summary: The United States Secretary of Labor ("Secretary") appealed the district court's grant of summary judgment to Amalgamated Transit Union, Local 1005 ("Local 1005) on the claim that Local 1005's November 2008 election…
Date: April 27, 2011
Docket Number: 10-1916
Justia Opinion Summary: Appellant filed suit against the United States Department of Health and Human Services ("Department") alleging, inter alia, that the Department violated her rights under Title VII of the Civil Rights Act of 1964, 42…
Date: April 27, 2011
Docket Number: 10-3072
Date: April 26, 2011
Docket Number: 10-1280
Justia Opinion Summary: Appellee, a 21 year-old paraplegic with several serious medical conditions, sued the director of the Olmstead County Adult Detention Center ("ADC") where he was incarcerated, alleging constitutional violations under the…
Date: April 25, 2011
Docket Numbers: 10-1367, 10-1366
Justia Opinion Summary: Defendants, two individuals, appealed their convictions and sentences for conspiracy to produce fraudulent diplomatic identification cards and for wrongfully using the Department of State seal when they marked and sold…
Date: April 25, 2011
Docket Number: 10-2514
Justia Opinion Summary: Plaintiff, a urologic surgeon of 18 years, sued defendant seeking disability benefits under the terms of his disability insurance policy with defendant after he developed a degenerative ankle condition which prevented…
Date: April 22, 2011
Docket Number: 09-3209
Justia Opinion Summary: Defendant, Whitesell Corporation, appealed the district court's order granting an injunction when plaintiffs requested the injunction under section 10(j) of the Labor Management Relations Act of 1947, 29 U.S.C. 160(j).…
Date: April 22, 2011
Docket Number: 09-3611
Justia Opinion Summary: Appellant appealed a conviction of one count of making a materially false statement and one count of making a materially false statement in an immigration matter. At issue was whether appellant's rights were violated…
Date: April 22, 2011
Docket Number: 10-2205
Justia Opinion Summary: Defendant challenged the sentence he received after pleading guilty to being a felon in possession of a firearm where the probation officer recommended a base level offense of twenty under U.S.S.G. 2K2.1(a)(4)(A) when…
Date: April 22, 2011
Docket Number: 10-2934
Justia Opinion Summary: The National Labor Relations Board ("NLRB") petitioned for enforcement of its order finding that Whitesell Corporation ("Whitesell") violated various provisions of the National Labor Relations Act ("NLRA"), 29 U.S.C.…
Date: April 21, 2011
Docket Number: 09-3104
Justia Opinion Summary: Appellants, a child with a learning disability and his parents, sued the Special School District No. 1 ("School District") in Minneapolis, Minnesota alleging that the School District violated his rights under the…
Date: April 21, 2011
Docket Numbers: 10-1726, 10-1725
Justia Opinion Summary: Applebee's International, Inc. ("Applebee's") appealed the district court's denial of summary judgment where current and former servers and bartenders ("employees") brought an employment wage dispute under the Fair Labor…
Date: April 21, 2011
Docket Number: 10-3060
Justia Opinion Summary: Appellant appealed his sentence of 240 months' imprisonment when he was convicted of one count of conspiracy to distribute and possess with the intent to distribute fifty grams or more of methamphetamine. At issue was…
Date: April 20, 2011
Docket Number: 09-3570
Justia Opinion Summary: Appellant appealed the district court's order affirming the Social Security Administration's denial of his application for supplemental security income under 42 U.S.C. 405(g). At issue was whether the administrative law…
Date: April 20, 2011
Docket Number: 09-3788
Justia Opinion Summary: Defendant appealed a conviction of being a felon in possession of a firearm and sentence of 96 months' imprisonment when he was found by the police in his apartment with a semi-automatic pistol, a digital scale, and…
Date: April 20, 2011
Docket Number: 10-2896
Justia Opinion Summary: Plaintiff challenged the forfeiture of his vehicle claiming that the forfeiture violated the United States and Minnesota Constitutions when the vehicle was seized by county officials after his wife was convicted of…
Date: April 15, 2011
Docket Number: 10-6086
Date: April 12, 2011
Docket Number: 10-1851
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