2012 Eighth Circuit US Court of Appeals Case Law
Opinions 1001 - 1245 of 1245
Date: March 16, 2012
Docket Number: 11-2029
Justia Opinion Summary: Plaintiff commenced this action in federal court alleging that M&K violated multiple provisions of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692d-f, by making false statements and misrepresentations in a…
Date: March 16, 2012
Docket Number: 11-2076
Justia Opinion Summary: Plaintiff claimed that her termination by EMC because of excessive work absences unlawfully interfered with her rights under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2615(a)(1) and (a)(2). On appeal, plaintiff…
Date: March 16, 2012
Docket Number: 11-2154
Justia Opinion Summary: Defendant pleaded guilty to possession of child pornography. Defendant appealed, arguing that his sentence, the term of supervised release, and some of its special conditions violated his constitutional rights to due…
Date: March 15, 2012
Docket Number: 10-3368
Justia Opinion Summary: In citizen initiatives, Roundtable submitted thirteen proposed constitutional amendments to the Missouri secretary of state. The statutory process required state officers to prepare a summary statement, fiscal note…
Date: March 15, 2012
Docket Number: 11-2253
Justia Opinion Summary: Petitioner, a native and citizen of Kenya, petitioned for review of the BIA's decision affirming the IJ's denial of his petition for asylum, withholding of removal, and relief under the CAT. Petitioner sought remand to…
Date: March 14, 2012
Docket Number: 11-1694
Justia Opinion Summary: Defendant was convicted of one count of malicious use of a fire causing personal injury and death. Defendant sought habeas corpus relief under 28 U.S.C. 2255, claiming that he received ineffective assistance of counsel…
Date: March 14, 2012
Docket Number: 11-1771
Justia Opinion Summary: Defendant entered a conditional plea of guilty to two counts of sexual exploitation of children. On appeal, he argued that the district court erred when it denied his motion to suppress statements and physical evidence…
Date: March 14, 2012
Docket Number: 11-1984
Justia Opinion Summary: Plaintiff filed a products liability action against CNH based on injuries he sustained while operating a CNH-manufactured bulldozer. A jury returned a verdict in favor of CNH and defendant appealed. The court affirmed…
Date: March 14, 2012
Docket Numbers: 10-3621, 11-2119
Justia Opinion Summary: Defendant was convicted of being a felon in possession of a firearm and sentenced to 120 months' imprisonment. Defendant appealed his conviction and sentence, as well as the denial of his motion for a new trial. The…
Date: March 13, 2012
Docket Number: 11-1793
Justia Opinion Summary: Defendant pleaded guilty to two counts of receiving child pornography and subsequently challenged his term of imprisonment, the imposition of a fine, and two special conditions of his supervised release. The court held…
Date: March 13, 2012
Docket Number: 11-6073
Justia Opinion Summary: Debtors appeal the judgment of the bankruptcy court denying in part their motion under 11 U.S.C. 522(f)(1) to avoid certain liens held by the Estate of Leon Jerome Heimer. The court held that the amount the Heimer estate…
Date: March 12, 2012
Docket Number: 11-1516
Justia Opinion Summary: Defendant pled guilty to two counts of possession of child pornography. Defendant appealed his sentence. The court held that, even if the court assumed that the district court erred by not discussing defendant's argument…
Date: March 12, 2012
Docket Number: 11-2368
Justia Opinion Summary: This case concerns the payment for architectural services provided by SHA to Ladco in conjunction with a large office building project. In its breach of contract claim, SHA contended that it was not paid for the services…
Date: March 12, 2012
Docket Number: 11-2610
Justia Opinion Summary: Defendant pleaded guilty to six counts of assaulting a federal employee and one count of possessing an unregistered firearm. Defendant appealed his sentence. The court held that the district court's procedural error when…
Date: March 12, 2012
Docket Number: 11-3123
Justia Opinion Summary: Whispering Oaks appealed the district court's rulings granting the Government's motion to compel information related to a healthcare fraud investigation. The court affirmed the judgment because the subpoena was issued…
Date: March 9, 2012
Docket Number: 10-3467
Justia Opinion Summary: Landlords Moving brought civil rights claims under 42 U.S.C. 1983 and 1985 against defendants. Landlords Moving alleged that deputy sheriffs executed an illegal kickback scheme in which they funneled eviction business to…
Date: March 9, 2012
Docket Number: 11-1556
Justia Opinion Summary: Defendant was convicted of stockpiling, retaining, and possessing a chemical weapon - potassium cyanide - in violation of 18 U.S.C. 229(a)(1) and 229A(a)(1). Defendant appealed his conviction and sentence. The court held…
Date: March 9, 2012
Docket Number: 11-1964
Justia Opinion Summary: Defendant was convicted of receipt and possession of materials involving the sexual exploitation of minors. Defendant subsequently appealed. The court held that the record supported the district court's decision…
Date: March 9, 2012
Docket Number: 11-6077
Justia Opinion Summary: Debtor appealed the order of the bankruptcy court approving the Chapter 7 Trustee's "Amended Final Report, Proposed Distribution, and Motion for Abandonment," over debtors' objection. The court found that the bankruptcy…
Date: March 8, 2012
Docket Number: 11-1440
Justia Opinion Summary: The Union filed a charge alleging that AFS had engaged in unfair labor practices in violation of subsections 8(a)(1) and 8 (a)(5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (a)(5). After a hearing, an ALJ…
Date: March 8, 2012
Docket Number: 11-2090
Justia Opinion Summary: Defendant pled guilty to possession with intent to distribute 50 grams or more of methamphetamine. Defendant sought a two-level reduction in his offense level, claiming he was eligible for safety-valve relief pursuant to…
Date: March 8, 2012
Docket Number: 11-2506
Justia Opinion Summary: Defendant was convicted of unlawful possession of a firearm as a previously convicted felon. On appeal, he challenged the district court's denial of a motion to suppress the evidence. The court held that the police had…
Date: March 6, 2012
Docket Number: 11-1592
Justia Opinion Summary: Defendant pleaded guilty to unlawful possession of a firearm as a previously convicted felon. On appeal, defendant challenged the four-level enhancement the district court applied under U.S.S.G. 2K2.1(b)(6) and the…
Date: March 6, 2012
Docket Number: 11-1781
Justia Opinion Summary: Local 36 obtained an arbitration award against Whitney d/b/a Whitney Industrial, a non-signatory to any collective bargaining agreement, under an alter-ego theory. Whitney appealed the district court's order enforcing…
Date: March 5, 2012
Docket Number: 11-1027
Justia Opinion Summary: Plaintiff sued defendants in Missouri state court, on behalf of a putative class of similarly situated borrowers, alleging that defendants engaged in the unauthorized practice of law in violation of Mo. Rev. State…
Date: March 5, 2012
Docket Number: 11-1467
Justia Opinion Summary: Plaintiffs, husband and wife, appealed the district court's grant of summary judgment in favor of AGC on their race and discrimination retaliation claims. The court held that, even assuming both husband and wife…
Date: March 5, 2012
Docket Number: 11-1695
Justia Opinion Summary: After illegally reentering the United States for the seventh time, defendant was again charged with and pleaded guilty to illegal reentry in violation of 8 U.S.C. 1326(a) and (b)(2), and 6 U.S.C. 202 and 557. On appeal,…
Date: March 5, 2012
Docket Numbers: 11-2015, 11-2017
Justia Opinion Summary: The district court found defendants, husband and wife, guilty of health care fraud and conspiracy to commit health care fraud. On appeal, defendants claimed that the district court erred in denying their motion for…
Date: March 5, 2012
Docket Number: 11-2203
Justia Opinion Summary: Continental sold its food and beverage metal can and can-end technology to Crown via a stock purchase agreement (SPA) in March 1990. The parties disputed the extent of each other's resultant liabilities, as defined by…
Date: March 5, 2012
Docket Number: 11-2427
Justia Opinion Summary: This declaratory judgment action was brought by Secura, an insurer for Horizon, a subcontractor on a troubled construction project. Horizon's two other insurers, State Auto and Federated later joined. Their dispute with…
Date: March 2, 2012
Docket Numbers: 10-3345, 11-1021
Justia Opinion Summary: Carolyn M. Louper-Morris and her son, William J. Morris, were convicted of, among other things, conspiracy and fraud charges related to the activities they carried out through their company, CyberStudy101. Louper-Morris…
Date: March 2, 2012
Docket Number: 11-1852
Justia Opinion Summary: Defendant plead guilty to illegal reentry after removal and subsequently appealed his 77-month prison sentence as substantively unreasonable. Given defendant's extensive criminal history and weak claim of cultural…
Date: March 2, 2012
Docket Number: 11-2039
Justia Opinion Summary: Plaintiff brought suit under the Freedom of Information Act (FOIA), 5 U.S.C. 552, against the DEA seeking unredacted versions of two DEA reports. Plaintiff sought records of the DEA's investigation of him for drug…
Date: March 1, 2012
Docket Number: 10-1724
Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, petitioned for review of the BIA's decision affirming the IJ's denial of his petition for asylum, withholding of removal, and relief under the CAT. The court held that…
Date: March 1, 2012
Docket Number: 11-1142
Justia Opinion Summary: Plaintiff, born in Jordan, filed suit alleging that the City discriminated against him based on his national origin in violation of Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq. The magistrate judge granted…
Date: March 1, 2012
Docket Number: 11-1564
Justia Opinion Summary: Plaintiff, an Arkansas inmate, appealed following the district court's disposition of her claims against Sergeant Donavion, the sole remaining defendant in her 42 U.S.C. 1983 action. The court concluded that plaintiff…
Date: February 28, 2012
Docket Number: 10-3240
Justia Opinion Summary: An Arkansas jury found in favor of plaintiff on her Title VII claims of race discrimination and constructive discharge against the school district and individual members of the County's Board of Education and awarded her…
Date: February 28, 2012
Docket Number: 10-3398
Justia Opinion Summary: Plaintiff sued her former employer for retaliation in violation of the Family Medical Leave Act, 29 U.S.C. 2615(a)(2). The district court granted the employer's motion for judgment as a matter of law. Because the…
Date: February 28, 2012
Docket Number: 10-3864
Justia Opinion Summary: Defendant pleaded guilty to three federal offenses: conspiracy to distribute 100 kilograms or more of marijuana; discharging a firearm in furtherance of a drug trafficking crime; and conspiracy to commit money…
Date: February 28, 2012
Docket Numbers: 11-1156, 11-1287
Justia Opinion Summary: Defendant was convicted of unlawful possession of a firearm by a previously convicted felon and sentenced to 120 months' imprisonment. Defendant appealed his conviction and the Government cross-appealed the sentence. The…
Date: February 28, 2012
Docket Number: 11-1734
Justia Opinion Summary: Defendant pleaded guilty to one count of failing to register as a sex offender in violation of 18 U.S.C. 2250 and the district court sentenced him to 18 months' imprisonment and five years' supervised release. Defendant…
Date: February 28, 2012
Docket Number: 11-1890
Justia Opinion Summary: Defendant pled guilty to unlawful possession of a firearm by a felon, conditioned on his right to appeal the district court's denial of his motion to suppress evidence obtained through the execution of a search warrant…
Date: February 28, 2012
Docket Number: 11-2058
Justia Opinion Summary: Defendant pleaded guilty to one count of possession of child pornography and was sentenced to 97 months' imprisonment, to be followed by a lifetime of supervised release with special conditions. Defendant appealed his…
Date: February 28, 2012
Docket Number: 11-2456
Justia Opinion Summary: MoBev appealed the district court's order denying its motion for partial summary judgment and granting Shelton's motion for summary judgment on MoBev's claims for violation of Missouri franchise law. Because the plain…
Date: February 28, 2012
Docket Number: 11-2488
Justia Opinion Summary: Defendant pleaded guilty to possession of stolen firearms and was sentenced to 89 months' imprisonment. Defendant appealed his sentence, arguing that the probation office improperly assessed a criminal history point for…
Date: February 27, 2012
Docket Number: 11-2493
Justia Opinion Summary: Defendant sent the Bettendorf, Iowa Police Department an envelope containing white powder and a threatening letter. Defendant subsequently pleaded guilty to a threatening communication in violation of 18 U.S.C. 876(c)…
Date: February 23, 2012
Docket Number: 11-1787
Justia Opinion Summary: Plaintiff brought an action under 42 U.S.C. 1983 against defendants alleging, among other claims, that officers used excessive force against her in violation of the Fourteenth and Fifteenth Amendments. On appeal,…
Date: February 22, 2012
Docket Numbers: 09-3764, 09-3765, 10-1682
Justia Opinion Summary: The EEOC filed suit against CRST, one of the country's largest interstate trucking companies, alleging that CRST subjected Monika Starke "and approximately 270 similarly situated female employees" to a hostile work…
Date: February 21, 2012
Docket Numbers: 10-3625, 10-3627
Justia Opinion Summary: Best Buy sued various commercial landlords and the landlords' property manager, DDRC, alleging that DDRC impermissibly charged Best Buy for insurance-related costs under various lease agreements. The court held that the…
Date: February 21, 2012
Docket Number: 11-1589
Justia Opinion Summary: This case concerned the Federal Insurance Contribution Act (FICA), 26 U.S.C. 3101 et seq., and certain employment taxes FICA imposed upon employers. After a bench trial on the merits, the district rendered a tax…
Date: February 15, 2012
Docket Number: 11-1882
Justia Opinion Summary: Appellant appealed the district court's affirmance of the Social Security Commissioner's decision to deny him disability benefits and supplemental security income (SSI) under the Social Security Act, 42 U.S.C. 423, 1382.…
Date: February 14, 2012
Docket Number: 11-1569
Justia Opinion Summary: Defendant appealed his conviction and sentence for one count of conspiracy to buy, receive, and possess goods stolen from an interstate shipment of freight and nine counts of buying, receiving, or possessing goods stolen…
Date: February 10, 2012
Docket Number: 10-2275
Justia Opinion Summary: This case involved a dispute between an excess and primary insurer, both of whom insured a trucking company whose tractor trailer was involved in a fatal accident. Parties injured in the accident sued the trucking…
Date: February 10, 2012
Docket Number: 10-3637
Justia Opinion Summary: Defendant pleaded guilty to being a felon in unlawful possession of a semi-automatic firearm. On appeal, defendant challenged the application of U.S.S.G. 2K2.1(a)(3) to his sentence on the ground that his inoperable…
Date: February 10, 2012
Docket Number: 11-2270
Justia Opinion Summary: Defendant was the leader of a hub-and-spoke conspiracy involving identity theft and bank fraud. Defendant subsequently appealed his conviction for aggravated identity theft based on the sufficiency of the evidence to…
Date: February 9, 2012
Docket Numbers: 11-1462, 11-1463
Justia Opinion Summary: Gregory Allen Davis and Michael Howard Reed were convicted of conspiring to file and filing false liens against Judge Hovland and Jordheim in violation of 18 U.S.C. 1521. Reed was also convicted of corruptly obstructing…
Date: February 9, 2012
Docket Number: 11-1473
Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment dismissing her claims against her former employer for defamation; breach of a unilateral contract to pay a performance bonus; failure to timely pay wages…
Date: February 9, 2012
Docket Number: 11-1573
Justia Opinion Summary: Defendant appealed her conviction for conspiracy to distribute and possess with the intent to distribute heroin and conspiracy to launder money. Defendant appealed based upon alleged violations of the Speedy Trial Act,…
Date: February 3, 2012
Docket Number: 10-2029
Justia Opinion Summary: Plaintiff filed a 42 U.S.C. 1983 action, alleging violations of his Fourteenth Amendment due process rights as a civilly-committed resident of the Missouri Sex Offender Treatment Center (MSOTC). On appeal, plaintiff…
Date: February 2, 2012
Docket Number: 11-1185
Justia Opinion Summary: Defendant was sentenced to 120 months imprisonment for conspiracy to posses with intent to distribute and distribution of controlled substances. On appeal, defendant challenged the district court's denial of her motion…
Date: February 2, 2012
Docket Number: 11-1455
Justia Opinion Summary: Under a contract with the ADC, GTL provided telephone services to ADC inmates and pays ADC 45% of GTL's gross revenues. Plaintiff, an inmate, commenced this 42 U.S.C. 1983 action against GTL and ADC officials alleging…
Date: February 2, 2012
Docket Number: 11-1884
Justia Opinion Summary: Defendant was convicted of possessing over 100 kilograms of marijuana with intent to distribute. While testifying at trial, defendant spoke with a pronounced Haitian accent. On appeal, defendant contended that the…
Date: February 2, 2012
Docket Numbers: 11-2061, 11-2064, 11-2065, 11-2067
Justia Opinion Summary: Insureds, Minnesota residents, filed class action complaints against their automobile insurers alleging violations of a Minnesota statute, Minn. Stat. 65B.285, requiring insurers to provide a discount for cars which have…
Date: February 2, 2012
Docket Number: 11-3445
Justia Opinion Summary: After a merger between Nestle and Ralston Purina, plaintiff, a book-entry shareholder, filed this putative class action in Missouri state court on behalf of himself and all other Ralston Purina book-entry shareholders at…
Date: February 1, 2012
Docket Number: 11-6061
Justia Opinion Summary: Appellant appealed the district court's order of the bankruptcy court denying his motion to determine his claim against the chapter 11 estate of appellees. The court held that because the bankruptcy court lacked subject…
Date: January 31, 2012
Docket Number: 11-1241
Justia Opinion Summary: The EEOC alleged that under Product Fabricators' drug policy, Product Fabricators made unlawful medical inquiries of employees, failed to keep confidential their medical information, and discharged a shear operator…
Date: January 30, 2012
Docket Number: 10-3867
Justia Opinion Summary: Defendant appealed his conviction of attempting to entice a minor to engage in illicit sexual activities. The court rejected defendant's assertion that the district court erred in excluding two specific periods of time…
Date: January 30, 2012
Docket Number: 11-1855
Justia Opinion Summary: Defendant was convicted of bank fraud, his sentence was subsequently reduced, he was placed on supervised release, and his supervised release was revoked twice. Defendant appealed the second revocation of his supervised…
Date: January 27, 2012
Docket Number: 10-3477
Justia Opinion Summary: A jury found defendant guilty of bank robbery, 18 U.S.C. 2113(a). Based on prior convictions for aggravated robbery and for fleeing a police officer in a vehicle, the district court sentenced him as a career offender to…
Date: January 27, 2012
Docket Number: 11-1207
Justia Opinion Summary: In 2006, petitioner was convicted of three counts of delivery of cocaine and was sentenced as a habitual offender to three consecutive terms of 60 years. The state court of appeals affirmed and petitioner did not appeal.…
Date: January 27, 2012
Docket Number: 11-1363
Justia Opinion Summary: A client complained to the Grain Inspection, Packers and Stockyard Administration about the broker purchasing his own stock for customers. Following a remand, the USDA imposed a 16-month suspension on his registration…
Date: January 27, 2012
Docket Number: 11-1417
Justia Opinion Summary: Plaintiff, a white male, employed as a forklift operator, supported another employee's racial discrimination claim by testifying that he also routinely failed to sign a forklift checkout sheet and had never been…
Date: January 27, 2012
Docket Number: 11-1699
Justia Opinion Summary: Plaintiff loaned her car to her son, who was arrested for driving the car while under the influence of alcohol. As part of the arrest, the officer seized the car. She received notice that the car was subject to…
Date: January 27, 2012
Docket Number: 11-1835
Justia Opinion Summary: Defendant, a trucker, sexually abused his daughter for four years while traveling on his routes and videotaped the acts. He was arrested and pled guilty to transportation of a minor with intent to engage in criminal…
Date: January 27, 2012
Docket Number: 11-2034
Justia Opinion Summary: The resort where defendant was staying called police, suspecting unauthorized use of a credit card and marijuana use. He was found to be in possession of drugs and a gun, and conditionally pleaded guilty to being a…
Date: January 26, 2012
Docket Number: 10-3596
Justia Opinion Summary: Defendant raped his developmentally disabled teenage daughter, photographed and videotaped her engaged in sexually explicit conduct, and transmitted these sexually explicit materials over the internet…
Date: January 25, 2012
Docket Number: 10-3696
Justia Opinion Summary: Defendant pled guilty to possession of child pornography and was sentenced to 120 months imprisonment. Defendant appealed his sentence, arguing that the court erred in assessing an enhancement for the number of images he…
Date: January 25, 2012
Docket Numbers: 10-3797, 10-3828, 10-3830, 11-1002
Justia Opinion Summary: This case stemmed from a multi-year investigation into an interstate and international drug smuggling and distribution organization. Defendants, Jesus Fabel Diaz-Pellegaud, Jose Garcia, Jose Enrique Burgos-Valdez, and…
Date: January 25, 2012
Docket Numbers: 11-1162, 11-1048
Justia Opinion Summary: Plaintiffs, individually and on behalf of their son, sued, inter alia, the Isanti County Deputy Sheriff in his individual and official capacity under 42 U.S.C. 1983 and relevant state law, seeking damages for alleged…
Date: January 25, 2012
Docket Number: 11-1507
Justia Opinion Summary: Defendant pleaded guilty to three counts of receipt of child pornography and nine counts of possession of child pornography. Defendant appealed his conviction and sentence. The court held that defendant waived his double…
Date: January 23, 2012
Docket Number: 11-1347
Justia Opinion Summary: Lakeside appealed from the district court's grant of summary judgment in favor of Producers on Lakeside's state-law claim for fraudulent misrepresentation, negligent misrepresentation, and unjust enrichment involving…
Date: January 23, 2012
Docket Number: 11-6042
Justia Opinion Summary: Appellants, Robert A. Sears and Korley B. Sears, appealed from the June 8th, 2011 order of the bankruptcy court overruling their objections to claims that were filed by the Sears Family Members in the bankruptcy case of…
Date: January 20, 2012
Docket Number: 11-1085
Justia Opinion Summary: Plaintiff sued Wal-Mart after she tripped on a rug in the store, asserting tort claims for her injuries. A jury ruled in favor of Wal-Mart and the district court subsequently denied plaintiff's motion for a new trial.…
Date: January 20, 2012
Docket Number: 11-1218
Justia Opinion Summary: Petitioner appealed the district court's denial of his 28 U.S.C. 2254 petition for habeas corpus. The court affirmed the judgment and rejected defendant's claims that trial counsel failed to investigate or present…
Date: January 20, 2012
Docket Number: 11-1723
Justia Opinion Summary: A jury convicted defendant of sex trafficking of a minor, the district court denied his motions for a new trial and entered judgment against him, and sentenced him to 336 months imprisonment. On appeal, defendant…
Date: January 18, 2012
Docket Number: 11-1767
Justia Opinion Summary: Camelot brought this action against its tenant, AMC Showplace Theatres, seeking a declaration that section 3.4 of their lease was an option to renew if the parties agree on new, negotiated terms rather than an option to…
Date: January 13, 2012
Docket Number: 10-3552
Justia Opinion Summary: This civil action arose out of events that occurred on the first day of the 2008 Republican National Convention in St. Paul, Minnesota. 32 people filed suit under 42 U.S.C. 1983 against six police officers and the City…
Date: January 13, 2012
Docket Number: 10-3782
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm and the district court sentenced him to 120 months imprisonment. On appeal, defendant challenged the district court's application of the Sentencing…
Date: January 13, 2012
Docket Number: 11-1609
Justia Opinion Summary: Defendant pled guilty to possession of materials involving the sexual exploitation of minors, materials discovered during a state investigation into his sexual abuse of his stepdaughter. On appeal, defendant argued that…
Date: January 13, 2012
Docket Number: 11-6065
Justia Opinion Summary: Robert A. Sears appealed from a bankruptcy court order finding that the bankruptcy estate of AFY was contractually and equitably entitled to receive the cash value of a life insurance policy, owned by Sears and paid for…
Date: January 11, 2012
Docket Number: 10-1424
Justia Opinion Summary: In an appeal from the district court's dismissal of a 42 U.S.C. 1983 action on grounds of standing and Younger v. Harris abstention, plaintiff argued that it had standing to assert various constitutional claims and that…
Date: January 11, 2012
Docket Number: 10-3206
Justia Opinion Summary: Appellant appealed the district court's adverse grant of summary judgment in favor of Standard Insurance in this Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., benefits case. The court held that…
Date: January 11, 2012
Docket Number: 11-1745
Justia Opinion Summary: The State challenged the Secretary's decision to accept four parcels of land within the geographic boundaries of the State into trust for the benefit of the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, a…
Date: January 11, 2012
Docket Number: 11-1830
Justia Opinion Summary: Defendant pleaded guilty to one count of possession of child pornography. On appeal, defendant argued that the district court erred in denying his motion to suppress evidence found on his computers during a search…
Date: January 11, 2012
Docket Number: 11-1953
Justia Opinion Summary: Plaintiffs sued their employer, alleging that they had been subjected to sexual and racial discrimination harassment by their supervisor in violation of Title VII of the Civil Rights Act of 1964. The district court…
Date: January 11, 2012
Docket Number: 11-2114
Date: January 10, 2012
Docket Number: 10-3838
Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his 42 U.S.C. 1983 claims against the county and the sheriff. At issue was whether plaintiff's due process rights were violated when the sheriff induced plaintiff to…
Date: January 10, 2012
Docket Number: 11-1789
Justia Opinion Summary: Appellant guaranteed CWA obligations under an Aircraft Management Agreement (AMA) between CWA and BP. BP sued CWA and appellant for breach of contract. The district court denied appellant's motion for summary judgment…
Date: January 9, 2012
Docket Number: 11-1436
Justia Opinion Summary: Plaintiff, producer of ready-mix concrete, commenced this action to vacate an arbitrator's order to provide plaintiff's employee with a second Functional Capacity Evaluation (FCE) under the company's return-to-work…
Date: January 6, 2012
Docket Number: 11-1593
Justia Opinion Summary: Plaintiffs sued defendant for negligence and loss of consortium when defendant performed an unsuccessful spinal fusion surgery on one plaintiff. The jury found in favor of defendant and plaintiffs subsequently appealed…
Date: January 5, 2012
Docket Number: 10-3542
Date: January 5, 2012
Docket Numbers: 10-3423, 11-1526, 10-3542, 11-1519, 10-3785, 11-1498
Justia Opinion Summary: In this consolidated appeal, three sets of landowners asserted claims against Arrington for breach of contract, promissory estoppel, and unjust enrichment relating to Arrington's failure to pay cash bonuses under oil and…
Date: January 5, 2012
Docket Number: 11-1519
Date: January 5, 2012
Docket Numbers: 11-1070, 11-1071
Justia Opinion Summary: Nichole Marie Forde and James Toliver each pled guilty to drug charges involving the distribution of a mixture containing cocaine base and the district court sentenced both to imprisonment and subsequent probation. On…
Date: January 4, 2012
Docket Number: 11-2121
Justia Opinion Summary: Defendant pleaded guilty to one count of traveling with the intent to engage in illicit sexual conduct and was sentenced to 144 months' imprisonment followed by a lifetime of supervised release. Defendant appealed the…
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