2011 Eighth Circuit US Court of Appeals Case Law

Opinions 501 - 1000 of 1301

United States v. Poitra  
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...

Perkins v. Astrue  
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...

United States v. Sidney  
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 Au...

Lovald v. Falzerano, et al.  
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 cou...

Macheca Transport Co., et al. v. Philadelphia Indemnity Ins.  
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 judgmen...

Wolfe v. Fayetteville, AR Sch. Dist.  
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 erroneous...

Green Party of Arkansas, et al. v. Martin, et al.  
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 7-1-10...

Collins v. Astrue  
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 Tit...

Jung, et al. v. General Casualty Co.  
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 reque...

John Buff v. Chuck Dwyer, et al
Date: August 9, 2011
Docket Number: 10-3431
United States v. Scroggin  
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 court...

United States v. Steven Renner
Date: August 8, 2011
Docket Number: 10-2112
United States v. Renner  
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 pr...

United States v. Tony Hulstein
Date: August 8, 2011
Docket Number: 10-2396
Emily Heth, et al v. Wyeth, Inc., et al
Date: August 8, 2011
Docket Number: 10-2478
United States v. Wells  
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 conclu...

United States v. Markietta Harvey
Date: August 8, 2011
Docket Number: 10-3241
United States v. Farmer  
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 benefit...

United States v. Quintero, et al.  
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 metham...

United States v. Cowling, Jr.  
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...

Ahmed Ajaj v. Communications Data Services, et al
Date: August 8, 2011
Docket Number: 11-1090
Roudachevski v. All-American Care Centers, Inc  
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...

United States v. Dexter Curruth
Date: August 5, 2011
Docket Number: 10-1680
Moore v. United States  
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). Defend...

United States v. Michael Wesley
Date: August 5, 2011
Docket Number: 10-2911
United States v. Wesley  
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...

United States v. Michael Wesley
Date: August 5, 2011
Docket Number: 10-2914
Vasquez v. Colores  
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...

United States v. Smith  
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 d...

United States v. Ricky Brook
Date: August 4, 2011
Docket Number: 10-3150
United States v. Scudder  
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 c...

Robert Avery v. Keith Ferguson, et al
Date: August 4, 2011
Docket Number: 10-3196
United States v. Troy Woodard
Date: August 4, 2011
Docket Number: 10-3208
United States v. Garrett, Jr.  
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 denyin...

McCoy v. Astrue  
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...

Ramon Martinez v. United State
Date: August 4, 2011
Docket Number: 11-2132
Mayer v. Countrywide Home Loans, etc.  
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), Minneso...

K.E. v. Indep. Sch. Dist. No. 15  
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 plai...

United States v. Nossan  
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 b...

Doe, et al. v. Dr. Al Tsai, M.D., et al.  
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 J...

United States v. Danny Dillard
Date: August 3, 2011
Docket Number: 10-2672
United States v. Joe Morri
Date: August 3, 2011
Docket Number: 10-3131
KV Pharmaceutical Co. v. J. Uriach & CIA  
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 mis...

Daniel Ramos Perez v. Eric H. Holder, Jr.
Date: August 3, 2011
Docket Number: 10-3575
United States v. Claude X  
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 conv...

Dale F. Schmidt, et al v. Klein Bank
Date: August 3, 2011
Docket Number: 11-6028
In re: Dale F. Schmidt; In re: Douglas W. Schmidt; In re: David L. Schmidt  
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...

David L. Schmidt, et al v. Klein Bank
Date: August 3, 2011
Docket Number: 11-6030
United States v. Bruce Johnson
Date: August 2, 2011
Docket Number: 08-1581
United States v. Rhone  
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 fire...

Triple H Debris Removal, Inc. v. Companion Property & Casualty Ins. Co.  
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 a...

Beverly McNamar (Schmidt) v. Comm. of Social Security
Date: August 2, 2011
Docket Number: 11-1267
Pangaea, Inc. v. The Flying Burrito, LLC, et al.  
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 c...

D.J.M., et al. v. Hannibal Public Sch. Dist., et al.  
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....

D.J.M., et al v. Hannibal Public School Dist.
Date: August 1, 2011
Docket Number: 10-1579
Constanza v. Holder, Jr.  
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 cou...

United States v. Christy  
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 al...

United States v. Scott McKinley
Date: August 1, 2011
Docket Number: 11-1137
Rita Cogbill v. Michael J. Astrue
Date: August 1, 2011
Docket Number: 11-1309
United States v. B.A.D.  
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...

United States v. Lowen  
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 sufficie...

United States v. Juan Manuel Maldonado
Date: July 29, 2011
Docket Number: 10-3856
United States v. Williams  
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 gra...

Washington, et al. v. Countrywide Home Loans, Inc.  
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 violat...

Moore v. City of Desloge, et al.  
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...

Gazal v. Boehringer Ingelheim Pharmaceuticals, et al.  
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 Parkinso...

United States v. Douglas  
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 app...

United States v. Miller  
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,...

Solis v. Holder, Jr.  
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 requireme...

United States v. Clay  
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 defendant'...

United States v. Teague  
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 w...

Seth Bondurant v. Michael J. Astrue
Date: July 27, 2011
Docket Number: 10-2019
Polich v. Prudential Financial, Inc.  
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 disa...

United States v. McIntyre  
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 cou...

Owen v. Weber  
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...

United States v. Christopher Strong
Date: July 27, 2011
Docket Number: 11-1170
United States v. Well  
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 insufficien...

United States v. White Bull  
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 sentenc...

United States v. Uriel Gonzale
Date: July 26, 2011
Docket Number: 10-2309
United States v. Rigoberto Chavez-Cueva
Date: July 26, 2011
Docket Number: 11-1495
United States v. Larry Boyer
Date: July 26, 2011
Docket Number: 11-1994
Jenkins v. Mabus, et al.  
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 h...

River v. Edward D. Jones Co., et al.  
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 Insu...

Angevine v. Anheuser-Busch Co. Pension Plan, et al.  
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 th...

United States v. Butler  
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 applyin...

Green v. Union Security Ins. Co.  
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 se...

United States v. Cervantes  
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...

United States v. Garcia; United States v. Maldonado  
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...

United States v. Edvin Emanuel Gomez Maldonado
Date: July 22, 2011
Docket Number: 10-3794
United States v. Riesselman  
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 sawed-o...

United States v. McLain  
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 go...

Viasystems, Inc. v. EBM-Papst St. Georgen  
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...

United States v. Hull  
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. Defen...

Burnett v. Burnett  
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...

United States v. Olson  
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 defend...

United States v. Delgado-Hernandez  
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 calculat...

Buckner v. Astrue  
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...

Sec. and Exch. Comm'n v. Shanahan, Jr.  
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,...

Larry Coleman v. CIR
Date: July 19, 2011
Docket Number: 10-2546
Southern Wine and Spirits, etc v. Mountain Valley Spring Co.  
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 Comp...

Borgman v. Kedley, et al.  
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 impr...

United States v. Noel Jackson
Date: July 18, 2011
Docket Number: 09-3433
Malone v. Ameren UE  
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 distri...

Zike v. Advance America, et al.  
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 pro...

United States v. Schwarte  
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 depiction...

United States v. Anton Burne
Date: July 15, 2011
Docket Number: 10-3198
Jo Hoffman v. Keith Ferguson, et al
Date: July 15, 2011
Docket Number: 11-1128
United States v. Lance Cumming
Date: July 15, 2011
Docket Number: 11-1257
United States v. Cromwell, Jr.  
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 sub...

PHL Variable Ins. Co. v. Lucille E. Morello 2007 Irrevocable Trust, et al.  
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 ben...

Rademacher v. HBE Corp.  
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 Reemplo...

John O. Murrin, III, et al v. Avidigm Capital Group, Inc., et al
Date: July 14, 2011
Docket Number: 10-2030
United States v. Cortez Adam
Date: July 14, 2011
Docket Number: 10-2260
Edwards v. City of Jonesboro, et al.  
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...

United States v. Kent Hazelrigg
Date: July 14, 2011
Docket Number: 10-2467
United States v. Smith  
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 subseq...

United States v. Brian Moore
Date: July 14, 2011
Docket Number: 10-3200
Sierra Club, et al. v. U.S. Army Corps of Engineers, et al.; Hempstead County Hunting Club, Inc. v. Southwestern Elec. Power Co., et al.  
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 Cor...

Hempstead County Hunting Club v. Southwestern Electric Power Co
Date: July 14, 2011
Docket Number: 10-3456
United States v. Young  
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 appea...

United States v. Brooks  
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 st...

United States v. Roach  
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 characte...

Lovald v. Tennyson  
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 o...

Neighborhood Enterprises, Inc., et al. v. City of St. Louis, et al.  
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...

United States v. Mat Matney
Date: July 13, 2011
Docket Number: 10-2654
Equal Emp. Opportunity Comm'n v. Schwan's Home Serv.  
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 admin...

United States v. Behren  
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 defe...

Ronald Byers v. CIR
Date: July 13, 2011
Docket Number: 10-3754
United States v. Frank Allen, Jr.
Date: July 13, 2011
Docket Number: 11-1115
United States v. Allen, Jr.  
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 reduc...

Sun Bear v. United States  
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 sente...

United States v. Kendrick Moore
Date: July 12, 2011
Docket Number: 10-2473
United States v. Turner  
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 sent...

United States v. Bradley  
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 c...

United States v. Clifford Scott Eaton
Date: July 12, 2011
Docket Number: 10-3860
Brown, et al. v. Nuclear Regulatory Comm'n, et al.  
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, Iow...

Bennett Brown, et al v. Nuclear Regulatory Commission, et al
Date: July 12, 2011
Docket Number: 11-1441
Mahony v. Universal Pediatric Serv., et al.  
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, d...

Outdoor Central, Inc., et al. v. GreatLodge.com, Inc.  
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 pro...

Outdoor Central, Inc., et al v. GreatLodge.com, Inc.
Date: July 11, 2011
Docket Number: 10-2401
United States v. Arrmon Daugherty
Date: July 11, 2011
Docket Number: 11-1706
United States v. Arrmon Daugherty
Date: July 11, 2011
Docket Number: 11-1707
In re: Elizabeth Carlyle  
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...

United States v. Shakal  
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...

United States v. Tyrone Sturdivant
Date: July 8, 2011
Docket Number: 10-2121
United States v. Drapeau, Jr.  
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 convict...

United States v. Maxwell  
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, eviden...

United States v. Robert Eberhart
Date: July 8, 2011
Docket Number: 10-3392
Jeff Sutherland, et al v. Brian Massa, et al
Date: July 8, 2011
Docket Number: 10-3598
Richard Purcell v. Union Pacific Railroad
Date: July 8, 2011
Docket Number: 11-1263
United States v. Jeremy Whitcher
Date: July 8, 2011
Docket Number: 11-1607
Tom Brady, et al. v. National Football League, et al.  
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 Marc...

United States v. Eason  
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, a...

United States v. Saadi Reed
Date: July 7, 2011
Docket Number: 09-3917
United States v. Sanchez-Gonzalez  
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 c...

Monarch Fire Protection Dist. v. Freedom Consulting & Auditing, et al.  
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 Internation...

American Civil Liberties Union v. Mohammad, et al.  
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...

Stowell, et al. v. Huddleston, M.D., et al.  
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 l...

Quinnett v. State, et al.  
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...

Clark v. Iowa State Univ., et al.  
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 statute...

United States v. Cruz  
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...

Hawkeye-Security Ins. Co., et al. v. Bunch, et al.  
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 liabil...

United States v. Terry Mortensen
Date: July 7, 2011
Docket Number: 11-1350
United States v. Cavanaugh, Jr.  
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 convic...

Rues v. Denney  
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 inte...

In re: Zurn Pex Plumbing Products Liability Litigation  
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 defecti...

Kingman, et al. v. Dillards, Inc.  
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,...

Alice Coke v. Loadmaster Corporation
Date: July 6, 2011
Docket Number: 10-2663
Donroy Merrival, Jr. v. John Gleason, et al
Date: July 6, 2011
Docket Number: 10-3379
ABF Freight Sys. v. Int'l Brotherhood of Teamsters, et al.  
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 barga...

Jackson v. United Parcel Service, Inc.  
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. De...

Warner Bros. Entertainment, Inc., et al. v. X One X Productions, et al.  
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...

Grass v. Reitz  
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. De...

United States v. Bonilla-Siciliano  
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 a...

Corvin Bolden v. Officer Mark Beaupre, et al
Date: July 5, 2011
Docket Number: 10-2450
United States v. Zeronical Rice
Date: July 5, 2011
Docket Number: 10-2508
United States v. Walter  
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...

Amini v. City of Minneapolis  
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, a...

United States v. Michael Bevin
Date: July 5, 2011
Docket Number: 10-3513
Bernard Gerstner, Jr., et al v. Sebig, LLC, et al
Date: July 5, 2011
Docket Number: 11-1176
Muhammad Jalal-Deem Akbar v. Warden Brian Jett
Date: July 5, 2011
Docket Number: 11-1642
Earnest Coppage v. Don Redman
Date: July 5, 2011
Docket Number: 11-1643
United States v. Debra Palmer
Date: July 1, 2011
Docket Number: 10-2272
United States v. Debra Palmer
Date: July 1, 2011
Docket Number: 10-2399
United States v. Palmer; United States v. Barkau  
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, defenda...

United States v. Todd Barkau
Date: July 1, 2011
Docket Number: 10-2824
United States v. Lais Noori
Date: July 1, 2011
Docket Number: 10-2837
Douglas Sczygelski v. United States Custom
Date: July 1, 2011
Docket Number: 10-3496
United States v. Douglas Brandt
Date: July 1, 2011
Docket Number: 10-3515
United States v. James Hopkin
Date: July 1, 2011
Docket Number: 10-3670
Judy Shepard v. Pete Green
Date: June 30, 2011
Docket Number: 10-2378
United States v. Joseph Brown
Date: June 30, 2011
Docket Number: 10-2476
United States v. Wisecarver  
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...

United States v. Jones  
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 a...

United States v. Reginald Lamar
Date: June 30, 2011
Docket Number: 10-3156
Robert Hefferman v. Grant Harri
Date: June 30, 2011
Docket Number: 10-3618
Strange Music, Inc. v. Jeff Anderson
Date: June 30, 2011
Docket Number: 10-3752
United States v. Muniz Ochoa; United States v. Trill  
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 o...

Roberto Sanchez-Florez v. United State
Date: June 29, 2011
Docket Number: 10-3118
United States v. Elizabeth Anderson
Date: June 29, 2011
Docket Number: 11-1299
Richard Marks v. T. Outlaw
Date: June 29, 2011
Docket Number: 11-1310
William Caradine/Assabur, II v. John Doe
Date: June 29, 2011
Docket Number: 11-1688
TCF Nat'l Bank v. Bernanke, et al.  
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 process...

Diaz v. Tyson Fresh Meat, Inc.  
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 sh...

St. Charles Tower, Inc. v. Kurtz, et al.  
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 distr...

Robert Maxwell, et al v. Ronald Talley, et al
Date: June 28, 2011
Docket Number: 10-3096
Peter Grzeskowiak v. Geico Insurance
Date: June 28, 2011
Docket Number: 10-3383
United States v. Roshaun Terry
Date: June 27, 2011
Docket Number: 10-2779
United States v. Claudia Loaiza
Date: June 27, 2011
Docket Number: 10-3110
Central Platte Natural Res. Dist. v. U.S. Dept. of Agriculture, et al.  
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 c...

United States v. Stewart  
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...

United States v. Jones  
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 p...

NAPUS Federal Credit Union v. Dave Campbell
Date: June 27, 2011
Docket Number: 10-3714
Smith v. Bubak, M.D., et al.  
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 recei...

Yupei Wang v. Walmart Store
Date: June 24, 2011
Docket Number: 10-3080
United States v. Reynolds  
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 s...

James Murphy v. Correctional Medical Services, et al
Date: June 24, 2011
Docket Number: 11-1107
United States v. Christopher Simpson
Date: June 23, 2011
Docket Number: 10-3255
United States v. Sanchez-Garcia  
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 i...

United States v. Collin  
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 defenda...

Preston v. City of Pleasant Hill, et al  
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...

United States v. Denny Goines, Jr.
Date: June 21, 2011
Docket Number: 10-3314
United States v. Carl Luca
Date: June 21, 2011
Docket Number: 10-3410
United States v. George Chesnut
Date: June 20, 2011
Docket Number: 10-2287
United States v. George Chesnut
Date: June 20, 2011
Docket Number: 10-2288
United States v. George Chesnut
Date: June 20, 2011
Docket Number: 10-2289
United States v. Wood  
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 is...

Alpine Glass, Inc. v. Illinois Farmers Ins. Co., et al.  
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 di...

Patel v. MEMC Electronic Materials, Inc., et al.  
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 78t(a)...

Pye v. Nu Aire, Inc., et al.  
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 violati...

United States v. Fischer  
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 viole...

Karolyn Handke v. McBride, Lock & Associates, et al
Date: June 17, 2011
Docket Number: 10-3249
United States v. John Lauth
Date: June 17, 2011
Docket Number: 10-3283
United States v. Luis Tovar-Martinez
Date: June 17, 2011
Docket Number: 10-3393
Fort Osage R-1 Sch. Dist. v. Sims, et al.  
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...

United States v. Paul Miller
Date: June 17, 2011
Docket Number: 10-3481
Rahlf, et al. v. Mo-Tech Corp., Inc.  
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...

Kristine Stratton v. Michael J. Astrue
Date: June 16, 2011
Docket Number: 10-3690
Raymond Gearhart v. Marty Anderson
Date: June 16, 2011
Docket Number: 10-3859
United States v. Reed  
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 pre...

United States v. Antonio Velasquez
Date: June 15, 2011
Docket Number: 10-2725
Sandoval v. Holder, Jr.  
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 citize...

Hidy v. Bullard  
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...

Birdsong v. Holder, Jr.  
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 U.S.C...

United States v. Cargill, Incorporated
Date: June 13, 2011
Docket Number: 10-2732
United States v. Cargill, Incorporated
Date: June 13, 2011
Docket Number: 10-2792
United States v. Pacheco  
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 de...

Sipp v. Astrue  
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 pla...

United States v. Correa  
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 o...

United States v. Suschanke  
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, assertin...

United States v. Lekeebrion Jackson
Date: June 13, 2011
Docket Number: 10-3781
United States v. Felipe Carmelo-Gomez
Date: June 13, 2011
Docket Number: 11-1006
Leonard Bright v. United State
Date: June 13, 2011
Docket Number: 11-1082
United States v. Tekeema Walker
Date: June 13, 2011
Docket Number: 11-1206
United States v. Paul Branch
Date: June 10, 2011
Docket Number: 09-3904
United States v. Brandon Griffin
Date: June 10, 2011
Docket Number: 10-1321
Perry v. Catholic Archdiocese-St. Louis; Goebel v. Catholic Archdiocese-St. Louis; McCormick v. Catholic Archdiocese-St. Louis; Ohl-Marsters v. Catholic Archdiocese-St. Louis  
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 negl...

William Goebel v. Catholic Archdiocese-St. Loui
Date: June 10, 2011
Docket Number: 10-1677
Matthew McCormick v. Catholic Archdiocese-St. Loui
Date: June 10, 2011
Docket Number: 10-1678
Angela Ohl-Marsters v. Catholic Archdiocese-St. Loui
Date: June 10, 2011
Docket Number: 10-1679
Mulvenon v. Greenwood  
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 cou...

United States v. Mayo  
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 o...

United States v. Jarmar Moore
Date: June 10, 2011
Docket Number: 10-2488
United States v. Brian Osborne
Date: June 10, 2011
Docket Number: 10-3180
Needler v. Internal Revenue Service, et al.  
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 hel...

United States v. Ross  
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...

United States v. Wigren  
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 distri...

Gardner v. Board of Police Commissioners, et al.  
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 f...

United States v. Russel Singletary
Date: June 9, 2011
Docket Number: 10-2330
United States v. Russel Singletary
Date: June 9, 2011
Docket Number: 10-2331
United States v. Brave  
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 he...

United States v. Shannon J'Etta Brave
Date: June 9, 2011
Docket Number: 10-2459
Chivers, et al. v. Wal-Mart Stores, Inc.  
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 discrimina...

United States v. Tyerman  
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 becau...

United States v. Monty Butler
Date: June 9, 2011
Docket Number: 10-2721
United States v. Lance Kolesar
Date: June 9, 2011
Docket Number: 10-2843
United States v. Vanhorn  
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...

United States v. Randy Vanhorn
Date: June 9, 2011
Docket Number: 10-3564
William Leventhal v. Sgt. Daniel Schaffer, et al
Date: June 9, 2011
Docket Number: 10-3473
Daniel Cincoski v. Dr. Richard, et al
Date: June 9, 2011
Docket Number: 11-1064
United States v. Maurice Morehead
Date: June 9, 2011
Docket Number: 11-1419
Southeast Missouri Hospital, et al. v. C.R. Bard, Inc.  
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 S...

Hearst v. Progressive Foam Technologies, Inc., et al  
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 benefits-terminati...

Nutrisoya Foods Inc. v. Sunrich, LLC  
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 c...

Sanders, et al. v. Kohler Company  
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 supplemen...

United States v. Willie Bates, III
Date: June 8, 2011
Docket Number: 10-2456
United States v. Shawon McBride
Date: June 8, 2011
Docket Number: 10-2689
United States v. Michael Moylan
Date: June 8, 2011
Docket Number: 10-3285
Valerie Hinton v. Robert Gate
Date: June 8, 2011
Docket Number: 10-3453
Christopher Hintz v. JP Morgan Chase Bank, et al
Date: June 8, 2011
Docket Number: 10-3672
Carolyn Owens v. Shelly Gooding, et al
Date: June 8, 2011
Docket Number: 11-1534
United States v. Joshua Holme
Date: June 7, 2011
Docket Number: 10-2002
United States v. Retana  
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 di...

Israel Ortega-Robero v. Eric H. Holder, Jr.
Date: June 7, 2011
Docket Number: 10-3803
United States v. Anthony Kiefer
Date: June 7, 2011
Docket Number: 11-1112
Juan Ventura-Vera v. Off. Tatem Dewitt, et al
Date: June 7, 2011
Docket Number: 11-1130
Chambers v. Pennycook, et al.  
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 shor...

Martise v. Astrue  
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...

United States v. William Mefford
Date: June 6, 2011
Docket Number: 10-2131
Newspaper Guild of St. Louis v. St. Louis Post Dispatch, LLC  
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...

United States v. Lloyd Patterson
Date: June 6, 2011
Docket Number: 10-3327
United States v. Hagen  
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 sen...

Frederick Pitchford v. Denzil Marshall, Jr., et al
Date: June 6, 2011
Docket Number: 11-1166
United States v. Bruce Stile
Date: June 6, 2011
Docket Number: 11-1167
Otha Eric Townsend v. Sharon Jack
Date: June 3, 2011
Docket Number: 11-1023
United States v. Renard Collier
Date: June 2, 2011
Docket Number: 10-3144
Steven Hunt v. United State
Date: June 2, 2011
Docket Number: 10-3721
In re Crossroads Ford, Inc.  
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 b...

In re Jody May Walters  
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...

Torgerson, et al. v. City of Rochester  
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...

United States v. Briasco  
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 w...

United States v. Mee  
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 1...

United States v. Young  
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 p...

United States v. Demery  
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...

United States v. Lewis  
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...

United States v. Antoine Killing
Date: May 27, 2011
Docket Number: 10-2227
United States v. Scott  
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...

United States v. Brandon Coffman
Date: May 27, 2011
Docket Number: 11-1011
United States v. Dustin Owen
Date: May 26, 2011
Docket Number: 10-3326
Charles Odom v. Kenan Kaizer
Date: May 26, 2011
Docket Number: 11-1461
United States v. Booker  
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)...

United States v. Johnson, Sr.  
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 Vi...

United States v. Underwood  
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 her...

Hicks v. Norwood, et al  
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 cour...

Juan Velasquez-Lopez v. Eric H. Holder, Jr.
Date: May 24, 2011
Docket Number: 10-3822
Public Sch. Retirement, et al. v. State Street Bank & Trust Co  
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, ar...

Ortega- Marroquin v. Holder, Jr.  
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 reconsi...

United States v.Fiorito  
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 re...

United States v. Perry  
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 self...

Victory Through Jesus Sports Ministry Found. v. Lee's Summit R-7 Sch. Dist., et al.  
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...

Rau v. Roberts, et al  
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...

McClendon, et al v. Union Pacific Railroad Co.  
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 w...

Margoth Villalobos v. Eric H. Holder, Jr.
Date: May 19, 2011
Docket Number: 10-2828
Marple, et al v. T-Mobile Central LLC  
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 tim...

Susan Marple, et al v. T-Mobile Central LLC
Date: May 19, 2011
Docket Number: 11-1490
Alan King, Jr. v. United States, et al
Date: May 18, 2011
Docket Number: 11-1274
Samuel Taylor v. Paula Phillips, et al
Date: May 18, 2011
Docket Number: 11-1648
Cynthia Bourgeois v. Harrah's Bossier City, etc
Date: May 17, 2011
Docket Number: 10-1705
National Interstate Ins. Co. v. Harrah's Bossier City, etc
Date: May 17, 2011
Docket Number: 10-1706
Advanced Control Solutions v. Justice  
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 iss...

United States v. Keith  
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...

MN Citizens Concerned for Life, et al v. Swanson, et al  
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 candid...

Carolyn Kloeckner v. Elaine Chao  
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 wo...

United States v. Nicholas Ferro
Date: May 13, 2011
Docket Number: 10-2342
United States v. Cedric Mack
Date: May 13, 2011
Docket Number: 10-2357
Local 38N Graphic etc. v. St. Louis Post Dispatch  
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...

United States v. Alcorn  
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 requ...

Marlin Jones v. Legal Aid of Nebraska, et al
Date: May 13, 2011
Docket Number: 11-1458
Bissada v. Arkansas Children's Hospital, et al  
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 ("NP...

United States v. Dennis Brown  
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...

Specht, et al v. The City of Sioux Fall  
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...

Owatonna Clinic-Mayo Health v. The Medical Protective Company  
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 mal...

United States v. Thomas Jensen  
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...

United States v. Kevin Wallace
Date: May 11, 2011
Docket Number: 10-2798
Albert Staley v. Larry May, et al
Date: May 11, 2011
Docket Number: 10-3482
United States v. Ronald Jackson  
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 3B1....

United States v. Tarone Shipp
Date: May 9, 2011
Docket Number: 10-2848
Sonia Perez Matias v. Eric H Holder, Jr.
Date: May 9, 2011
Docket Number: 10-3267
Robert Young v. Tina Jackson, et al
Date: May 9, 2011
Docket Number: 10-3638
Michael Harlston, Sr. v. Office of Personnel Management, et al
Date: May 9, 2011
Docket Number: 10-3700
Jim Harris, Jr. v. Ellis McSwain, et al
Date: May 9, 2011
Docket Number: 11-1320
United States v. Kalin Thanh Dao
Date: May 6, 2011
Docket Number: 10-1660
Martin Stern v. Michelle Stern  
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 th...

United States v. Jason Bower  
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 of...

William Pledger, III v. Marty Anderson
Date: May 6, 2011
Docket Number: 10-3001
United States v. Chad Skelton
Date: May 6, 2011
Docket Number: 11-1001
United States v. Edward Swingen
Date: May 6, 2011
Docket Number: 11-1165
United States v. William Lowe
Date: May 5, 2011
Docket Number: 10-1400
Rudy Vigil v. Nelnet, Inc., et al  
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...

Michael Miller v. John Fayram
Date: May 5, 2011
Docket Number: 10-2306
Ramona Teague v. Michael J. Astrue  
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 adminis...

Timothy J. Boe v. TCF National Bank, et al
Date: May 5, 2011
Docket Number: 10-3651
United States v. Bernard Gaines; United States v. Jerry Martese Dubose  
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 d...

United States v. Jerry Dubose
Date: May 4, 2011
Docket Number: 09-3754
United States v. Thomas Fisher
Date: May 4, 2011
Docket Number: 10-2136
Marie DeMeo v. State Farm Mutual etc.  
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 policies...

Constitution Party of SD, et al v. Chris Nelson  
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 candidat...

Juana Mendoza v. Eric H. Holder, Jr.
Date: May 4, 2011
Docket Number: 10-2944
United States v. Anthony May
Date: May 4, 2011
Docket Number: 10-3385
United States v. Christopher Hebbego
Date: May 4, 2011
Docket Number: 10-3486
Air Line Pilots Association v. Trans States Airlines, LLC  
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. A...

United States v. Robert Joo  
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...

United States v. Kevin Hill  
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 occas...

Eddy Clark v. Matthews International Corp.  
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...

United States v. Wesley Jacob  
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...

Terri Meagley v. City of Little Rock  
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...

Leon Fowler v. Steven Howell
Date: May 2, 2011
Docket Number: 10-3069
United States v. Quentin Gray  
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...

Mary C. Wickenkamp v. B & J Partnership, et al
Date: May 2, 2011
Docket Number: 10-3677
Derrol Kirby, III v. John Roth, et al
Date: May 2, 2011
Docket Number: 10-3697
United States v. Ruth Kane  
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 subsequ...

Robert Chism v. CNH America LLC  
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 fav...

United States v. Ignacio de la Pena
Date: April 29, 2011
Docket Number: 10-3020
281 Care Committee, et al v. Ross Arneson, et al  
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...

Nicole Mwesigwa, et al v. DAP  
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...

United States v. Steven Maggard
Date: April 28, 2011
Docket Number: 10-3155
Hilda L. Solis v. Amalgamated Transit Union  
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 proc...

Eddie Watkins v. Sheriff Chad Ledbetter, et al
Date: April 28, 2011
Docket Number: 10-3342
United States v. James Wilson
Date: April 28, 2011
Docket Number: 10-3420
Dr. Penny M. Wilkie v. Dept. of HHS  
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 U.S....

Epice Corporation v. The Land Reutilization Auth., et al
Date: April 27, 2011
Docket Number: 10-3072
Kirk Knight, et al v. Washington School District
Date: April 27, 2011
Docket Number: 10-3626
Timothy Brown v. AR. Dept. of Human Services, et al
Date: April 27, 2011
Docket Number: 11-1116
Phillip David Schaub v. Steven VonWald  
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...

Paul Cooper v. AR Highway & Transportation, et al
Date: April 26, 2011
Docket Number: 10-3260
United States v. Antonio Cruz
Date: April 25, 2011
Docket Number: 09-3528
United States v. Larry Goodyke
Date: April 25, 2011
Docket Number: 10-1366
United States v. David Robinson  
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 f...

United States v. Mario Juarez-Reye
Date: April 25, 2011
Docket Number: 10-1862
Albert David Matthew, M.D. v. Unum Life Insurance Company  
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 hi...

Marlin Osthus, et al v. Whitesell Corporation  
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). A...

United States v. Rasim Causevic  
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 und...

United States v. Timothy Ossana  
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 de...

NLRB v. Whitesell Corporation  
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. 151...

United States v. John Jett
Date: April 22, 2011
Docket Number: 10-3572
C.B. v. Special School District No. 1  
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 Individ...

United States v. Jermaine Robert
Date: April 21, 2011
Docket Number: 10-1595
Gerald Fast, et al v. Applebee's International
Date: April 21, 2011
Docket Number: 10-1725
Gerald Fast, et al v. Applebee's International  
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...

United States v. Robert Wood
Date: April 21, 2011
Docket Number: 10-2174
United States v. Antonio Frausto  
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 wh...

Justin Partee v. Michael J. Astrue  
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...

United States v. Reginald Hubbard  
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 mari...

David L. Laase v. County of Isanti, et al  
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 secon...

United States v. Rocky Gendron
Date: April 19, 2011
Docket Number: 10-3662
United States v. Ronald William
Date: April 18, 2011
Docket Number: 10-2042
United States v. Isom Roger
Date: April 15, 2011
Docket Number: 10-3370
Arvest Mortgage Company v. Elizabeth Nail
Date: April 15, 2011
Docket Number: 10-6057
National Bank of Arkansas v. Panther Mountain Land Devel., et al
Date: April 15, 2011
Docket Number: 10-6086
Tarique Shaghil v. Eric H. Holder, Jr.
Date: April 14, 2011
Docket Number: 09-3416
Tarique Shaghil v. Eric H. Holder, Jr.
Date: April 14, 2011
Docket Number: 10-2483
Daniel Kaufmann v. Siemens Medical Solutions
Date: April 14, 2011
Docket Number: 09-3480
Daniel Kaufmann v. Siemans Medical Solution
Date: April 14, 2011
Docket Number: 10-1507
United States v. Anthony Abari
Date: April 14, 2011
Docket Number: 10-2447
United States v. David Hernandez-Leonardo
Date: April 14, 2011
Docket Number: 10-3078
Jonathan Dexter v. Michael J. Astrue
Date: April 14, 2011
Docket Number: 10-3568
GeoVera Specialty Insurance Co v. Graham Rogers Inc.
Date: April 13, 2011
Docket Number: 10-1943
United States v. Dejay Monson
Date: April 13, 2011
Docket Number: 10-2188
Vernis Farmer v. United States, et al
Date: April 13, 2011
Docket Number: 10-2491
United States v. Timothy Grie
Date: April 13, 2011
Docket Number: 10-3719
United States v. Stephen Beebe
Date: April 13, 2011
Docket Number: 10-3758
United States v. Robert Craven
Date: April 13, 2011
Docket Number: 10-3768
United States v. Douglas Meeks
Date: April 12, 2011
Docket Number: 09-3222
United States v. Lloyd Meeks
Date: April 12, 2011
Docket Number: 09-3234
Deana Tusing v. Des Moines Ind. School Dist., et al
Date: April 12, 2011
Docket Number: 10-1004
United States v. Michael Adkin
Date: April 12, 2011
Docket Number: 10-1517
Ahmed Ashfaque v. Eric H. Holder, Jr.
Date: April 12, 2011
Docket Number: 10-1693
United States v. Bruce Listman
Date: April 12, 2011
Docket Number: 10-1721
Safety National Casualty Corp. v. Austin Resolutions, Inc.
Date: April 12, 2011
Docket Number: 10-1851
United States v. Marco Jeanpierre
Date: April 12, 2011
Docket Number: 10-1882
Darrell Marcusen, et al v. Robert Glen, et al
Date: April 12, 2011
Docket Number: 10-2031
United States v. Joseph Robinson
Date: April 12, 2011
Docket Number: 10-2684
United States v. Peter Hanson
Date: April 12, 2011
Docket Number: 10-3549
Douglas Edwards, et al v. R.G. Edmondson
Date: April 12, 2011
Docket Number: 10-6065
John Montin v. The Estate of Dale Johnson, et al
Date: April 11, 2011
Docket Number: 09-3692
United States v. Rocio Ortiz
Date: April 11, 2011
Docket Number: 10-1101
Taci Mathers v. Patricia Wright
Date: April 11, 2011
Docket Number: 10-1241
Taci Mathers v. Patricia Wright
Date: April 11, 2011
Docket Number: 10-1242
United States v. Jermel Knaul
Date: April 11, 2011
Docket Number: 10-1520
United States v. David Mills Becker
Date: April 11, 2011
Docket Number: 10-2263
United States v. Victor Jone
Date: April 11, 2011
Docket Number: 10-2667
Pioneer Industries, Inc. v. Hartford Fire Insurance
Date: April 8, 2011
Docket Number: 09-3002
Pioneer Industries, Inc. v. Hartford Fire Insurance
Date: April 8, 2011
Docket Number: 09-3072
Kimberli Trierweiler v. Wells Fargo Bank
Date: April 8, 2011
Docket Number: 10-1343
Crystal Coates v. Derrick Powell, et al
Date: April 8, 2011
Docket Number: 10-1639
Victor Manuel Tinajero-Ortiz v. United State
Date: April 8, 2011
Docket Number: 10-2344
United States v. Jeffrey Betone
Date: April 8, 2011
Docket Number: 10-3039
United States v. Shannon Barritt
Date: April 8, 2011
Docket Number: 10-3390
United States v. Earl Price, Jr.
Date: April 8, 2011
Docket Number: 10-3676
United States v. Jesus Valle
Date: April 7, 2011
Docket Number: 10-1673
United States v. Marcus James Neadeau
Date: April 7, 2011
Docket Number: 10-2106
United States v. Ruben Olivares-Rodriguez
Date: April 7, 2011
Docket Number: 10-3289
United States v. Jonair Moore
Date: April 6, 2011
Docket Number: 10-2001
United States v. John Berry
Date: April 6, 2011
Docket Number: 10-2084
United States v. Eric English
Date: April 6, 2011
Docket Number: 10-3507
United States v. Lisa Montgomery
Date: April 5, 2011
Docket Number: 08-1780
United States v. Jason Dement
Date: April 5, 2011
Docket Number: 09-2939
Morrison Enterprises v. Dravo Corporation
Date: April 5, 2011
Docket Number: 10-1468
City of Hastings v. Dravo Corporation
Date: April 5, 2011
Docket Number: 10-1469
United States v. Solomon Hawthorne
Date: April 5, 2011
Docket Number: 10-1653
United States v. Scott Johnson
Date: April 5, 2011
Docket Number: 10-2350
United States v. Shawn McDiffett
Date: April 5, 2011
Docket Number: 10-2504
Robert Brown v. Bank of North Dakota, et al
Date: April 5, 2011
Docket Number: 10-6087
GAF Holdings v. Philip Rinaldi, et al
Date: April 4, 2011
Docket Number: 09-3049
Abdulaziz Sugule, et al v. Denise Frazier, et al
Date: April 4, 2011
Docket Number: 10-2129
United States v. Esteban Ambriz Mendoza
Date: April 4, 2011
Docket Number: 10-2607
United States v. Harlan Dale Berndt
Date: April 4, 2011
Docket Number: 10-3185
United States v. Gary Brook
Date: April 4, 2011
Docket Number: 10-3382
Charity Wierman v. Casey's General Stores, et al
Date: March 31, 2011
Docket Number: 10-1665
Hosea Harrell, Jr. v. John E. Potter
Date: March 31, 2011
Docket Number: 10-1694
Sengendo Kaggwa v. Eric H. Holder, Jr.
Date: March 31, 2011
Docket Number: 10-1787
Dennis Watkins, Jr. v. Michael J. Astrue
Date: March 31, 2011
Docket Number: 10-2590
Angela Wilson v. John Maples, et al
Date: March 31, 2011
Docket Number: 10-2605
United States v. Treston Harri
Date: March 31, 2011
Docket Number: 10-3506
United States v. Herbert Coleman
Date: March 30, 2011
Docket Number: 10-1498
United States v. Eugene Davi
Date: March 30, 2011
Docket Number: 10-1980
United States v. David Gregoire
Date: March 30, 2011
Docket Number: 10-2203
United States v. Manuel Gaxiola
Date: March 30, 2011
Docket Number: 10-2206
United States v. Keith James Hubbard
Date: March 30, 2011
Docket Number: 10-2968