2013 Eighth Circuit U.S. Court of Appeals Case Law

Opinions 1 - 500 of 1166

Brown v. Mortgage Electronic, et al.  
Date: December 31, 2013
Docket Number: 12-3494

Justia Opinion Summary: Plaintiff, an Arkansas Circuit Clerk, filed suit against Lenders, alleging that they used the Mortgage Electronic Registration System (MERS) to avoid paying recording fees on mortgage assignments and deprived Arkansas co...

Jilani Haye Jama v. Eric H. Holder, Jr.
Date: December 31, 2013
Docket Number: 13-1502
Cord Bowers v. Stephanie Yeoman
Date: December 31, 2013
Docket Number: 13-2602
United States v. Goodale  
Date: December 30, 2013
Docket Number: 12-3972

Justia Opinion Summary: Defendant appealed his sentence and conviction of five counts including aggravated sexual abuse, interstate transportation of a minor with intent to engage in criminal sexual activity, and accessing child pornography. Th...

Edilmar Alonzo-Castro v. Eric H. Holder, Jr.
Date: December 30, 2013
Docket Number: 13-1771
Sandra Frierson v. SBC Global Services
Date: December 30, 2013
Docket Number: 13-1900
Prince Song Cambilargiu v. Bank of America N.A.
Date: December 30, 2013
Docket Number: 13-2106
Dwight Pulley v. UnitedHealth Group Inc.
Date: December 30, 2013
Docket Number: 13-2118
David S. Lynd v. Charles W. Ries
Date: December 30, 2013
Docket Number: 13-2127
Joseph Langdon v. Carolyn W. Colvin
Date: December 30, 2013
Docket Number: 13-2148
Pierce, et al. v. Collection Assoc., Inc.  
Date: December 30, 2013
Docket Number: 13-6048

Justia Opinion Summary: Debtors filed a chapter 13 bankruptcy petition. Prior to the petition, Collection Associates filed a collection suit against one of the debtors in Nebraska state court and obtained a judgment. On appeal, debtors challeng...

Spencer v. Jackson County Missouri, et al.  
Date: December 26, 2013
Docket Number: 12-1532

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against Jackson County, Missouri and employees in its detention center. On appeal, plaintiff challenged the dismissal of his First Amendment claims. The court concluded that ther...

McMiller v. Metro  
Date: December 26, 2013
Docket Number: 12-3536

Justia Opinion Summary: Plaintiff filed suit against her former employer, Metro, alleging that her supervisor had sexually harassed her in violation of Title VII, 42 U.S.C. 2000e et seq. On appeal, plaintiff challenged the district court's gran...

Ward v. Hobb  
Date: December 26, 2013
Docket Number: 12-3586

Justia Opinion Summary: Plaintiff pleaded guilty to rape and second-degree sexual abuse in Arkansas state court. After plaintiff petitioned for a writ of habeas corpus under 28 U.S.C. 2254, the district court dismissed the petition with prejudi...

United States v. Melton  
Date: December 26, 2013
Docket Number: 12-4008

Justia Opinion Summary: Defendant challenged his third revocation proceeding, arguing that the district judge should have recused from the proceeding. The court concluded that defendant's 36-month sentence did not establish the judge's partiali...

United States v. Kirk Ward
Date: December 26, 2013
Docket Number: 13-1423
United States v. Rita Hunter
Date: December 26, 2013
Docket Number: 13-2440
United States v. Gordon  
Date: December 23, 2013
Docket Number: 12-2050

Justia Opinion Summary: Defendant conditionally pled guilty to being a felon in possession of a firearm. On appeal, defendant challenged the district court's denial of his motion to suppress the firearm recovered from his vehicle during a traff...

United States v. Salazar-Aleman  
Date: December 23, 2013
Docket Number: 12-3746

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to aiding and abetting the possession of more than 500 grams of methamphetamine with intent to distribute. The court concluded that the district court's denial of a m...

United States v. Dominic Rimmer
Date: December 23, 2013
Docket Number: 13-1253
United States v. Matt McDermott
Date: December 23, 2013
Docket Number: 13-2531
Hardy v. Fink  
Date: December 23, 2013
Docket Number: 13-6029

Justia Opinion Summary: Debtor appealed the bankruptcy court's order sustaining the trustee's objection to debtor's claimed exemption. Debtor had filed a petition for relief under Chapter 13 of the Bankruptcy Code and had claimed exempt, as a p...

United States v. Bernard Manuel
Date: December 19, 2013
Docket Number: 13-1278
KC Taxi Cab Drivers, etc., et al. v. City of Kansas City, Missouri  
Date: December 19, 2013
Docket Number: 13-1343

Justia Opinion Summary: Cab Drivers filed suit against the city challenging Ordinance section 76-73, which regulates the number of taxicab permits in the city. The city's stated purpose for the ordinance was insufficient demand for taxicabs. Th...

United States v. Elpidio Paz-Camarena
Date: December 19, 2013
Docket Number: 13-1851
Cottrell, et al. v. Duke, et al.  
Date: December 18, 2013
Docket Number: 12-3871

Justia Opinion Summary: Several shareholder-derivative lawsuits were filed across the country, including one in Delaware state court and in federal district court, after an investigative report detailed an alleged bribery scheme involving Wal-M...

United States v. Joseph Williams
Date: December 18, 2013
Docket Number: 13-1835
Burton v. Arkansas Secretary of State, et al.  
Date: December 17, 2013
Docket Number: 13-1427

Justia Opinion Summary: Plaintiff filed suit against his former employer, the Secretary of State, in his official capacity, and other state defendants. Plaintiff claimed race discrimination and retaliation under Title VII of the Civil Rights Ac...

Reginald Morgan v. Laurent Javois
Date: December 16, 2013
Docket Number: 11-2874
Thomas v. United States  
Date: December 16, 2013
Docket Number: 12-1853

Justia Opinion Summary: Movant, convicted of a drug offense, appealed the denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. On appeal, movant argued that he should have been afforded an evidentiary hearing...

Hill v. Walker  
Date: December 16, 2013
Docket Number: 13-1381

Justia Opinion Summary: Plaintiff filed suit against her supervisor, individually and in her official capacity as an employee of the Arkansas Department of Human Services, alleging that the supervisor violated the Family Medical Leave Act (FMLA...

Phillip Oakes v. Kaye Howell
Date: December 16, 2013
Docket Number: 13-2005
United States v. Johnson  
Date: December 13, 2013
Docket Number: 12-3401

Justia Opinion Summary: Defendant was convicted of five counts including conspiracy to distribute controlled substances (Count 1) and conspiracy to use and carry firearms in furtherance of a drug trafficking crime (Count 2). Defendant appealed....

United States v. Frohlich  
Date: December 13, 2013
Docket Number: 13-1383

Justia Opinion Summary: Defendant pled guilty to one count of transporting minors with intent to engage in unlawful sexual activity. Defendant appealed the district court's application of a vulnerable victim enhancement under U.S.S.G. 3A1.1(b)(...

M&I Marshall & Ilsley Bank v. Sunrise Farms Dev., LLC, et al.  
Date: December 13, 2013
Docket Number: 13-1479

Justia Opinion Summary: The Bank appealed the district court's calculation of a deficiency judgment against Sunrise. Where, as here, the state's highest court has unambiguously articulated state law, the district court must apply it. Because th...

Strong v. Roper  
Date: December 12, 2013
Docket Number: 11-3046

Justia Opinion Summary: Petitioner, convicted of two counts of capital murder and sentenced to death, appealed the denial of his petition for a writ of habeas corpus under 28 U.S.C. 2254. The court concluded that petitioner failed to demonstrat...

Union Pacific Railroad Co. v. U.S. Dept. of Homeland Security, et al.  
Date: December 12, 2013
Docket Number: 12-2143

Justia Opinion Summary: CBP imposed almost $38 million in penalties against UP under the Tariff Act of 1930, 19 U.S.C. 1584(a)(2), after finding illegal drugs secreted on trains brought to the U.S. border by Ferromex or KCSM, both Mexican railr...

Conway, et al. v. Heyl  
Date: December 12, 2013
Docket Number: 13-6022

Justia Opinion Summary: Plaintiff appealed the bankruptcy court's denial of a motion for relief from judgment under Federal Rule of Bankruptcy Procedure 9024 and Federal Rule of Civil Procedure 60. The bankruptcy appellate panel concluded that...

Zhang, et al. v. Holder, Jr.  
Date: December 11, 2013
Docket Number: 12-3164

Justia Opinion Summary: Petitioner and her husband, natives of the People's Republic of China, petitioned for review of the BIA's order denying their applications for asylum, withholding of removal, and relief under the Convention Against Tortu...

United States v. Juan Garcia
Date: December 11, 2013
Docket Number: 13-2437
Roscoe Chambers v. Dennis Conard
Date: December 11, 2013
Docket Number: 13-3024
Michael Hoelscher v. John Huff
Date: December 10, 2013
Docket Number: 13-1907
Dakota Foundry, Inc. v. Tromley Industrial Holding  
Date: December 9, 2013
Docket Number: 12-3330

Justia Opinion Summary: This case concerned a dispute involving certain equipment Dakota purchased from the Kloster division of Tromley. On appeal, Tromley appealed the district court's denial of its motion to compel arbitration. Because the ar...

Garcia-Gonzalez v. Holder  
Date: December 9, 2013
Docket Number: 12-3651

Justia Opinion Summary: Petitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision that he was ineligible for adjustment of status. The court concluded that the IJ and the BIA did not err in concluding that defendan...

United States v. Diaz  
Date: December 9, 2013
Docket Number: 13-1122

Justia Opinion Summary: Defendant appealed his sentence and conviction for distribution and possession with intent to distribute cocaine. The court concluded that the district court properly denied defendant's motion to suppress evidence and st...

United States v. Christian Maldonado
Date: December 9, 2013
Docket Number: 13-1298
United States v. Verne Moore
Date: December 9, 2013
Docket Number: 13-2198
United States v. Steven Evans
Date: December 9, 2013
Docket Number: 13-2417
David Stebbins v. Legal Aid of Arkansas
Date: December 9, 2013
Docket Number: 13-2548
United States v. Jerry Chasing Hawk
Date: December 6, 2013
Docket Number: 12-1193
United States v. Simmons  
Date: December 6, 2013
Docket Number: 12-3165

Justia Opinion Summary: Defendant challenged the validity of his guilty plea to drug and firearm offenses. The court concluded that defendant had not shown a reasonable probability that he would have declined to plead guilty, relinquished the s...

Rebecca Melder v. Carolyn W. Colvin
Date: December 6, 2013
Docket Number: 13-1729
United States v. Jonathan Green
Date: December 6, 2013
Docket Number: 13-1794
United States v. Ronald Banse, Jr.
Date: December 6, 2013
Docket Number: 13-2350
United States v. Marlon Collins
Date: December 5, 2013
Docket Number: 12-4044
Zack Zafer Dyab v. United States
Date: December 5, 2013
Docket Number: 13-1437
Lucindo Mazariegos-Herrera v. Eric H. Holder, Jr.
Date: December 5, 2013
Docket Number: 13-1475
Stephen Wayne Carlson v. Internal Revenue Service
Date: December 5, 2013
Docket Number: 13-1790
United States v. Robert Johnson
Date: December 5, 2013
Docket Number: 13-2453
Carter, Jr., et al. v. First National Bank of Crosset  
Date: December 5, 2013
Docket Number: 13-6038

Justia Opinion Summary: Debtor appealed from the bankruptcy court's order denying sanctions against the Bank. Although the evidence suggested that the Bank could have been aware of debtor's personal bankruptcy filing, there was no evidence that...

Stephen Wayne Carlson v. Gittleman Management Corp.
Date: December 3, 2013
Docket Number: 13-1551
Stephen Wayne Carlson v. Gittleman Management Corp.
Date: December 3, 2013
Docket Number: 13-1553
Stephen Wayne Carlson v. Gittleman Management Corp.
Date: December 3, 2013
Docket Number: 13-1555
Stephen Wayne Carlson v. Gittleman Management Corp.
Date: December 3, 2013
Docket Number: 13-1557
Henry Langer v. Commissioner of IRS
Date: December 3, 2013
Docket Number: 13-2177
Business Communications v. U.S. Dept. of Education, et al.  
Date: December 2, 2013
Docket Number: 12-3081

Justia Opinion Summary: Branden Mueller filed a complaint against BCI with the DOE alleging that BCI had terminated him after he complained about not being paid prevailing wages as required by the American Recovery and Reinvestment Act (ARRA),...

Crozier, et al. v. Wint  
Date: December 2, 2013
Docket Number: 12-3507

Justia Opinion Summary: Plaintiffs filed suit against defendant to recover on a promissory note. On appeal, plaintiffs challenged the district court's grant of summary judgment in favor of defendant. The court concluded that, construing the evi...

United States v. Downwind  
Date: December 2, 2013
Docket Number: 12-3824

Justia Opinion Summary: Defendant appealed his sentence of 151 months imprisonment after pleading guilty to one count of burglary in the first degree in Indian country. The court concluded that, based on the violent home invasion and physical a...

Michael Woolman v. Time Warner
Date: December 2, 2013
Docket Number: 13-3079
United States v. Milo Davis
Date: November 29, 2013
Docket Number: 11-3189
Gerhardt v. Liberty Life Assurance Co., et al.  
Date: November 29, 2013
Docket Number: 12-3159

Justia Opinion Summary: Plaintiff appealed the district court's denial of her motion for judgment on the record, affirming Liberty's termination of long-term disability benefits and dismissal of the complaint with prejudice. The policy provided...

Stuart Wright v. Sean Franklin, etc.
Date: November 29, 2013
Docket Number: 12-3639
Rodrigo Flores v. Eric H. Holder, Jr.
Date: November 29, 2013
Docket Number: 13-1303
United States v. Jervonz Williams
Date: November 29, 2013
Docket Number: 13-1768
Lasaro Rios-Silva v. Eric H. Holder, Jr.
Date: November 29, 2013
Docket Number: 13-1789
Mark Morgan v. Jerry Bartruff
Date: November 29, 2013
Docket Number: 13-1828
United States v. Wesley Dillon, Sr.
Date: November 29, 2013
Docket Number: 13-2027
Imelda Rios-Diaz v. Eric H. Holder, Jr.
Date: November 27, 2013
Docket Number: 12-2977
Behrens v. U.S. Bank N.A.  
Date: November 26, 2013
Docket Number: 13-6032

Justia Opinion Summary: Debtor appealed from the bankruptcy court's order granting creditor relief from the automatic stay to complete its foreclosure proceeding without a further hearing in debtor's case. The bankruptcy appellate panel conclud...

Bradley Cartier v. Wells Fargo Bank, N.A.
Date: November 25, 2013
Docket Number: 12-2884
Qwest Corp. v. MN Public Utilities Comm., et al.  
Date: November 25, 2013
Docket Number: 13-1267

Justia Opinion Summary: Qwest appealed from the district court's order entered on remand from the court's decision in Qwest Corp. v. Minnesota Public Utilities Commission, 684 F3d 721 (8th Cir. 2012). In Qwest, the court held that the district...

United States v. Bryant Griffin
Date: November 22, 2013
Docket Number: 13-1268
Gunter, et al. v. Farmers Ins. Co., et al.  
Date: November 21, 2013
Docket Number: 12-3445

Justia Opinion Summary: Plaintiff filed suit against Farmers and American, insurance companies, for breach of contract and various state law violations, seeking recovery for additional loss. The court concluded that plaintiffs' claims for speci...

Macheca Transport Co., et al. v. Philadelphia Indemnity Ins.  
Date: November 21, 2013
Docket Number: 12-3941

Justia Opinion Summary: In an insurance coverage dispute between Macheca and Philadelphia, Macheca contended on appeal for a third time that damages were erroneously reduced by amounts it recovered from a separate insurance carrier, and that th...

United States v. Jangula  
Date: November 21, 2013
Docket Number: 13-1812

Justia Opinion Summary: Defendant appealed his conviction for conspiracy to distribute or possess with intent to distribute marijuana. The court concluded that the district court did not err by refusing to give defendant's requested instruction...

Wallace v. Wallace  
Date: November 20, 2013
Docket Number: 12-3912

Justia Opinion Summary: Collateral to an ongoing divorce proceeding in Missouri state court, husband filed an identity theft tort claim in federal court under Mo. Rev. Stat. 570.223 against his wife. The district court dismissed the case for la...

United States v. Scale  
Date: November 20, 2013
Docket Number: 13-1019

Justia Opinion Summary: Defendant pled guilty to possessing with intent to distribute cocaine base, cocaine, and marijuana, and possessing a firearm in furtherance of drug trafficking. On appeal, defendant raised several challenges to his sente...

Gabriel Word v. MO Dept. of Corrections
Date: November 20, 2013
Docket Number: 13-1293
Lopez-Fernandez, et al. v. Holder, Jr.  
Date: November 19, 2013
Docket Number: 12-2899

Justia Opinion Summary: Petitioners, natives and citizens of Mexico, petitioned for review of the BIA's dismissal of their appeal from an IJ's order denying their motion to suppress evidence and terminate deportation proceedings. Petitioners ar...

Jose Manuel Barajas-Salinas v. Eric H. Holder, Jr.
Date: November 19, 2013
Docket Number: 13-1326
Sayger v. Riceland Foods, Inc.  
Date: November 18, 2013
Docket Numbers: 12-3301, 12-3395

Justia Opinion Summary: Plaintiff filed suit against Riceland, alleging retaliatory discharge after being a witness in an internal investigation into a complaint about a manager. A jury subsequently awarded plaintiff approximately $60,000 in co...

Tony Sayger v. Riceland Foods, Inc.
Date: November 18, 2013
Docket Number: 12-3395
Bethel, II, et al. v. Darwin Select Ins. Co.  
Date: November 18, 2013
Docket Number: 12-3528

Justia Opinion Summary: Plaintiffs filed suit against Darwin alleging that the insurance company breached its duty to defend and its implied duties of good faith and fair dealing under the policy at issue. On appeal, plaintiffs challenged the d...

United States v. Chris Reed
Date: November 18, 2013
Docket Number: 13-1705
United States v. Selvin Garcia-Garcia
Date: November 18, 2013
Docket Number: 13-1829
Fischer, et al. v. Great Western Bank  
Date: November 18, 2013
Docket Number: 13-6043

Justia Opinion Summary: Debtors filed a motion requesting findings of contempt against Great Western. The bankruptcy court denied debtors' motion, concluding that there was no time frame within which the bank was required to file an amended UCC...

Atwell, et al. v. Boston Scientific Corp.  
Date: November 18, 2013
Docket Numbers: 13-8031, 13-8032, 13-8033

Justia Opinion Summary: This case arose when groups of plaintiffs filed product liability actions against four manufacturers of transvaginal mesh devices, including Boston Scientific. Three groups filed similar motions proposing that the state...

Dawn Atwell v. Boston Scientific Corporation
Date: November 18, 2013
Docket Number: 13-8032
Dawn Atwell v. Boston Scientific Corporation
Date: November 18, 2013
Docket Number: 13-8033
Sasser v. Hobbs  
Date: November 15, 2013
Docket Numbers: 02-3103, 11-3346

Justia Opinion Summary: Petitioner, convicted of capital murder and sentenced to death, appealed the district court's dismissal of his federal habeas petition. The district court did, however, grant a certificate of appealability on several iss...

Andrew Sasser v. Ray Hobbs
Date: November 15, 2013
Docket Number: 11-3346
Reyco Granning LLC v. IBT, Local No. 245  
Date: November 15, 2013
Docket Number: 13-1002

Justia Opinion Summary: Reyco appealed from the district court's grant of summary judgment for the Union and the district court's denial of its motion for summary judgment and request to vacate the arbitrator's award. At issue was Article XII,...

Jimy Menendez Castillo v. Eric H. Holder, Jr.
Date: November 15, 2013
Docket Number: 13-1496
United States v. Shane Willis
Date: November 15, 2013
Docket Number: 13-1873
Eichholz, et al. v. Secura Supreme Ins. Co.  
Date: November 14, 2013
Docket Numbers: 12-3170, 12-4032

Justia Opinion Summary: Plaintiffs are survivors of the victims who were murdered inside an apartment building owned by the landlords. A state court found that the landlords breached their landlord-tenant duty to provide security to the victims...

St. Louis Produce Market v. Hughes  
Date: November 14, 2013
Docket Number: 12-3482

Justia Opinion Summary: The Market sought a declaration that its employment separation agreement with defendant was invalid because defendant had altered the agreement and fraudulently induced the president of the Market to sign it. Defendant c...

Hager v. Arkansas Dept. of Health, et al.  
Date: November 14, 2013
Docket Number: 12-3842

Justia Opinion Summary: Plaintiff filed suit against her former supervisor and employer, the Department, for statutory and constitutional violations. The court concluded that it had jurisdiction over the supervisor's appeal where the supervisor...

Barbara Eichholz v. Secura Supreme Insurance Co.
Date: November 14, 2013
Docket Number: 12-4032
United States v. Naricco Scott
Date: November 14, 2013
Docket Number: 13-1054
David Stebbins v. University of Arkansas
Date: November 14, 2013
Docket Number: 13-1105
United States v. Lisa Dockins
Date: November 14, 2013
Docket Number: 13-1214
United States v. Donald Cowens
Date: November 14, 2013
Docket Number: 13-1333
United States v. Fred Chapman
Date: November 14, 2013
Docket Number: 13-1552
Floyd Johnson v. Charlie Crockett
Date: November 14, 2013
Docket Number: 13-1759
United States v. Karina Guevara
Date: November 14, 2013
Docket Number: 13-2446
Alan Onstad v. Ray Hobbs
Date: November 14, 2013
Docket Number: 13-2868
Muhammad v. United States  
Date: November 13, 2013
Docket Number: 12-2923

Justia Opinion Summary: Movant was convicted of aiding and abetting the robbery of a credit union, and aiding and abetting the use of a firearm during and in relation to the credit union robbery. On appeal, movant challenged the district court'...

United States v. Lawhorn  
Date: November 13, 2013
Docket Number: 12-3464

Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm. On appeal, defendant challenged the district court's denial of his motion to withdraw his plea. The magistrate judge found that defendant effectively...

Foster, et al. v. MO Dept. of Health and Senior Servs., et al.  
Date: November 13, 2013
Docket Number: 12-3887

Justia Opinion Summary: Plaintiff, her husband, and their jointly owned company filed suit under 42 U.S.C. 1983 against two employees of the Department (Hansen and Watkins), alleging violations of their due process rights. Plaintiffs argued, in...

United States v. Ronnie Walters
Date: November 13, 2013
Docket Number: 12-3936
Aragon v. Wal-Mart Stores East, et al.  
Date: November 13, 2013
Docket Number: 13-1508

Justia Opinion Summary: Plaintiff, driver of commercial motor vehicles, filed suit against Wal-Mart and others after he was injured when pallets fell onto him from a trailer. The court affirmed the district court's grant of summary judgment to...

Chae v. Bennett  
Date: November 13, 2013
Docket Number: 13-6041

Justia Opinion Summary: Creditor appealed from the orders of the bankruptcy court denying his requests for relief from the automatic stay and for abstention and remand. The court held that the bankruptcy court properly denied creditor's request...

Barbara Brown v. John Atwell
Date: November 12, 2013
Docket Number: 13-1844
United States v. Eric Mack
Date: November 12, 2013
Docket Number: 13-2069
United States v. Jerrell Coates
Date: November 12, 2013
Docket Number: 13-2307
David Stebbins v. Rita Stebbins
Date: November 12, 2013
Docket Number: 13-2687
Cecilio Tamayo Contreras v. Eric H. Holder, Jr.
Date: November 8, 2013
Docket Number: 13-1101
Santiago Cordova-Ramirez v. Eric H. Holder, Jr.
Date: November 8, 2013
Docket Number: 13-1404
Mauricio Villalobos v. Eric H. Holder, Jr.
Date: November 8, 2013
Docket Number: 13-1785
Kenneth Blake v. Missouri Dept. of Corrections
Date: November 8, 2013
Docket Number: 13-1965
United States v. Calvin Wedington
Date: November 8, 2013
Docket Number: 13-2174
Stoner v. Watlingten  
Date: November 7, 2013
Docket Number: 12-3383

Justia Opinion Summary: Plaintiff filed a civil rights action under federal and state law against members of the sheriff's office, including the arresting officer, after he was arrested on suspicion of violating a weapons possession statute. At...

Shephard v. United States  
Date: November 7, 2013
Docket Number: 12-3709

Justia Opinion Summary: Movant pleaded guilty to conspiracy to commit bank fraud and identity theft. On appeal, movant challenged the district court's denial of her motion under 28 U.S.C. 2255 challenging her sentence based on ineffective assis...

United States v. Landsdown  
Date: November 7, 2013
Docket Number: 12-3732

Justia Opinion Summary: Defendant appealed his conviction for receiving child pornography. The credibility of the testimony at issue was for the jury, and the jury reasonably could have concluded that the government eliminated other potential r...

Supangat v. Holder  
Date: November 7, 2013
Docket Number: 12-3733

Justia Opinion Summary: Petitioner, a citizen of Indonesia, petitioned for review of the BIA's denial of his request for asylum and withholding of removal, as well as relief under the Convention Against Torture (CAT). The BIA adopted the IJ's r...

United States v. Michael Longoria
Date: November 7, 2013
Docket Number: 12-4040
Munroe, et al. v. Continental Western Ins.  
Date: November 7, 2013
Docket Number: 13-1290

Justia Opinion Summary: Plaintiff was injured operating his employer's truck and came to a settlement with the tortfeasors. Then plaintiff and his wife filed suit against Continental for underinsured motorist (UIM) coverage in his employer's po...

United States v. Clinton Holman, Sr.
Date: November 7, 2013
Docket Number: 13-1353
Dason Melius v. Lindsay Burke
Date: November 7, 2013
Docket Number: 13-2312
United States v. Milton Rucker, Jr.
Date: November 6, 2013
Docket Number: 12-2837
United States v. LaQuan Carter
Date: November 6, 2013
Docket Number: 12-3253
Richard Caw v. Portfolio Recovery Associates
Date: November 6, 2013
Docket Number: 13-1255
United States v. Antonyo Reese
Date: November 6, 2013
Docket Number: 13-1311
United States v. T. Allen, Sr.
Date: November 6, 2013
Docket Number: 13-1478
United States v. Terrance Pargo
Date: November 6, 2013
Docket Number: 13-2068
United States v. James Bruguier
Date: November 5, 2013
Docket Number: 11-3634
Coker v. Arkansas State Police, et al.  
Date: November 5, 2013
Docket Number: 12-3601

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the Arkansas State Police and a state trooper, claiming that the trooper used excessive force when arresting him after a high-speed chase. The court affirmed the district...

United States v. White  
Date: November 5, 2013
Docket Number: 13-1035

Justia Opinion Summary: Defendant pleaded guilty to laundering money and conspiring to distribute and possess with intent to distribute cocaine, heroin, and marijuana. The court concluded that the district court did not abuse its discretion by...

United States v. Claude Dukes, Jr.
Date: November 5, 2013
Docket Number: 13-1599
Karen Babcock v. Carolyn Colvin
Date: November 5, 2013
Docket Number: 13-1628
Addones Spencer v. S. Phillips
Date: November 5, 2013
Docket Number: 13-1904
Shelton, et al. v. Citimortgage  
Date: November 4, 2013
Docket Number: 12-3555

Justia Opinion Summary: Debtors appealed the bankruptcy court's dismissal of their adversary proceeding. Citimortgage, a secured creditor, held a lien on debtors' primary residence and filed a claim and then debtors filed an objection urging di...

United States v. Paul White
Date: November 4, 2013
Docket Number: 12-3793
United States v. Paul White
Date: November 4, 2013
Docket Number: 12-3795
Bruce Martin Construction, Inc. v. CTB, Inc.  
Date: November 4, 2013
Docket Number: 13-1022

Justia Opinion Summary: Bruce Martin filed suit against CTB for negligent misrepresentation and breach of express warranty after the power sweeps it purchased from CTB did not work. The court concluded that it's decision in Dannix Painting, LLC...

United States v. Shannon Williams
Date: November 4, 2013
Docket Number: 13-1273
United States v. Moore  
Date: November 4, 2013
Docket Number: 13-1283

Justia Opinion Summary: Defendant pled guilty to conspiring to distribute more than fifty grams of cocaine base. On appeal, defendant challenged the district court's denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2), based...

Samuel Taylor v. Unknown Hull
Date: November 4, 2013
Docket Number: 13-3044
Running v. Miller  
Date: November 4, 2013
Docket Number: 13-6026

Justia Opinion Summary: Debtor filed Chapter 7 bankruptcy and claimed an annuity as exempt under 11 U.S.C. 522(b)(3)(C). The court agreed with the bankruptcy court's holding that the annuity owned by debtor qualified as an "individual retiremen...

Travelers Property Casualty Ins. v. National Union Ins.  
Date: November 1, 2013
Docket Numbers: 12-1070, 12-1151

Justia Opinion Summary: In a prior appeal, the court held that Travelers was entitled to receive $10 million from a primary insurer who had obtained a larger judgment through subrogation litigation against a third party. In this instance, the c...

Travelers Property Casualty I v. National Union Insurance
Date: November 1, 2013
Docket Number: 12-1151
Naveed Thobhani v. Eric H. Holder, Jr.
Date: November 1, 2013
Docket Number: 12-2609
Naveed Thobhani v. Eric H. Holder, Jr.
Date: November 1, 2013
Docket Number: 12-2881
Jeffrey Ratchford v. Gladys Evans
Date: November 1, 2013
Docket Number: 12-3843
Melissa Traylor v. Carolyn W. Colvin
Date: November 1, 2013
Docket Number: 13-1432
Simes, II v. Arkansas Judicial D. & D. Comm, et al.  
Date: October 31, 2013
Docket Number: 12-3564

Justia Opinion Summary: Plaintiff, the first African-American circuit court judge elected in Phillips County, Arkansas, filed suit under 42 U.S.C. 1983 against the commission and officials during the disciplinary proceedings against him. The di...

United States v. Lyons Bynum
Date: October 31, 2013
Docket Number: 12-3882
United States v. William Wellington Williams
Date: October 31, 2013
Docket Number: 12-3883
Natverlal Patel v. Vikram Trivedi
Date: October 31, 2013
Docket Number: 13-1043
Raymond Kelley v. Centennial Bank
Date: October 31, 2013
Docket Number: 13-1491
United States v. Theodore Markley
Date: October 31, 2013
Docket Number: 13-2078
United States v. Brown  
Date: October 30, 2013
Docket Number: 13-1590

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. 922(g). The court concluded that possession of a short-barreled shotgun presented a serious pote...

United States v. Yankton  
Date: October 30, 2013
Docket Number: 13-1852

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to second-degree murder. The court concluded that the sentencing transcript showed that the district court made an individualized assessment and adequately explained...

Phillips, et al. v. Phillips  
Date: October 30, 2013
Docket Number: 13-6019

Justia Opinion Summary: Defendant appealed from orders of the bankruptcy court awarding judgments against him for intentional conversion of property, for costs of suit, and determining that the judgments were not discharged under 11 U.S.C. 523(...

Edward M. Johnson v. Daniel Johnson
Date: October 29, 2013
Docket Number: 13-1034
United States v. Richard Woods
Date: October 29, 2013
Docket Number: 13-1318
United States v. Angel Solano-Fierro
Date: October 29, 2013
Docket Number: 13-1470
United States v. Deandre Franklin
Date: October 29, 2013
Docket Number: 13-1662
Oren Jones v. Evergreen Packaging, Inc.
Date: October 28, 2013
Docket Number: 13-1354
United States v. Tyson Marshek
Date: October 28, 2013
Docket Number: 13-1962
McCarthy v. Brevik Law  
Date: October 28, 2013
Docket Number: 13-6042

Justia Opinion Summary: Debtor filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code. At issue on appeal was whether debtor had standing under Bankruptcy Code 522(h) to bring his action under Bankruptcy Code 545(2). Sect...

United States v. Donald Walters
Date: October 24, 2013
Docket Number: 13-1195
United States v. Donald Walters
Date: October 24, 2013
Docket Number: 13-1208
Sears, et al. v. Badami  
Date: October 23, 2013
Docket Number: 11-2282

Justia Opinion Summary: Appellants appealed the district court's dismissal of all of their appeals concerning the purchase agreements to jointly-owned property and the underlying bankruptcy court orders. The property was owned by Sears Cattle a...

Sears, et al. v. Sears, et al.  
Date: October 23, 2013
Docket Number: 12-1305

Justia Opinion Summary: Appellees made claims on AFY's bankruptcy estate in connection with the sale of appellees' former interests of AFY. Appellants claimed to be the only present shareholders of AFY. On appeal, appellants challenged the bank...

Adrian Dunn v. Michael Mattivi
Date: October 23, 2013
Docket Number: 13-2382
Wade Heiden v. Unknown Deputy Clerk
Date: October 23, 2013
Docket Number: 13-2837
Randy Tieszen v. Judge John Bastian
Date: October 23, 2013
Docket Number: 13-2893
United States v. Scott  
Date: October 22, 2013
Docket Number: 12-3131

Justia Opinion Summary: Defendant was convicted of two counts of bank robbery, two counts of using a firearm during a crime of violence, and one count of being a felon in possession of a firearm. The court concluded that the district court prop...

United States v. Markert  
Date: October 22, 2013
Docket Number: 12-3332

Justia Opinion Summary: Defendant was convicted of willful misrepresentation but acquitted of bank fraud. The court concluded that there was sufficient evidence to convict defendant. As the district court's instructions fairly and adequately pr...

United States v. Elbert Jordan
Date: October 22, 2013
Docket Number: 13-1181
Alan Onstad v. Mary Wilkinson
Date: October 22, 2013
Docket Number: 13-2760
Buffets, Inc., et al. v. BMO Harris Bank, et al.  
Date: October 21, 2013
Docket Number: 12-2804

Justia Opinion Summary: Buffets filed suit against U.S. Bank and BMO Harris Bank alleging, among other things, violations of the Uniform Fiduciaries Act (UFA), Minn. Stat. 520.01 et seq. The district court asserted jurisdiction on the ground th...

Dannix Painting v. Sherwin-Williams Co.  
Date: October 21, 2013
Docket Number: 13-1025

Justia Opinion Summary: Dannix, a commercial painting contractor, filed suit against SWC alleging that SWC negligently misrepresented that a certain paint product SWC sold was appropriate for a particular painting project. The court concluded t...

Pennington-Thurman v. Bank of America N.A.  
Date: October 21, 2013
Docket Number: 13-6023

Justia Opinion Summary: Debtor filed a Chapter 13 bankruptcy petition and her case was converted to a Chapter 7 bankruptcy. On appeal, debtor challenged the bankruptcy court's order denying her motion to reopen her case to pursue an alleged vio...

B.M., et al. v. So. Callaway R-II School Dist.  
Date: October 17, 2013
Docket Number: 12-3841

Justia Opinion Summary: Plaintiff and his parents filed suit against the District alleging violations of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 and 794a, and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C....

Matthew Barnett v. Bryce's Bail Bonding, Inc.
Date: October 17, 2013
Docket Number: 13-2311
Clayborn v. Struebing, et al.  
Date: October 16, 2013
Docket Number: 13-1292

Justia Opinion Summary: After plaintiff was arrested on suspicion of passing a forged $100 bill, she sued two police officers under 42 U.S.C. 1983. Plaintiff alleged that the officers violated her Fourth Amendment right against arrest without p...

Chidi N. Anunka v. City of Burnsville
Date: October 16, 2013
Docket Number: 13-1614
United States v. Bobby Springston
Date: October 16, 2013
Docket Number: 13-1624
Charles Sanchez, Jr. v. Alan Earls
Date: October 16, 2013
Docket Number: 13-2579
Simpson v. Bayer Healthcare, et al.  
Date: October 15, 2013
Docket Number: 12-2979

Justia Opinion Summary: Plaintiff alleged that Bayer defrauded the United States government through its marketing and sale of the cholesterol-lowering drug Baycol. On appeal, plaintiff challenged the dismissal of the qui tam action she brought...

Teresa Broussard v. Waldron School District
Date: October 15, 2013
Docket Number: 12-3345
United States v. Barraza-Maldonado  
Date: October 11, 2013
Docket Number: 12-3903

Justia Opinion Summary: Defendant pled guilty to possessing a controlled substance with intent to distribute. On appeal, defendant challenged the district court's denial of his motion to suppress cocaine and other evidence found after a traffic...

United States v. Jeffrey Soboroff
Date: October 11, 2013
Docket Number: 13-1121
United States v. Jeffrey Soboroff
Date: October 11, 2013
Docket Number: 13-1265
United States v. Efrain Orozco
Date: October 11, 2013
Docket Number: 13-1917
Jeffrey Soboroff v. U.S. Federal Government
Date: October 11, 2013
Docket Number: 13-2113
Terry Ratliff v. Sheriff of Burleigh County
Date: October 11, 2013
Docket Number: 13-2544
United States v. Ashcraft  
Date: October 9, 2013
Docket Number: 12-2449

Justia Opinion Summary: Defendant appealed the district court's order denying her objection to the garnishment of her disability payments. The court concluded that defendant's disability payments were "earnings" within the meaning of the Consum...

United States v. Eric Walker
Date: October 9, 2013
Docket Number: 13-1186
Deborah Francis v. Jeffrey Shorba
Date: October 9, 2013
Docket Number: 13-1397
United States v. Seab Nolen
Date: October 9, 2013
Docket Number: 13-1715
Shekhar Patil v. MN State University Mankato
Date: October 9, 2013
Docket Number: 13-1737
United States v. Austin Alexander
Date: October 9, 2013
Docket Number: 13-1741
Irma Caispal De Trinidad v. Eric H. Holder, Jr.
Date: October 8, 2013
Docket Number: 13-1004
Richard Hart v. United States
Date: October 7, 2013
Docket Number: 12-3699
United States v. Ana Vaca-Gomez
Date: October 7, 2013
Docket Number: 12-3926
Frederick Banks v. Antitrust Division
Date: October 7, 2013
Docket Number: 13-2864
Anderson v. King  
Date: October 4, 2013
Docket Number: 12-1616

Justia Opinion Summary: Petitioner, found guilty of second-degree felony murder and four counts of assaulting injured bystanders, appealed the district court's denial of his petition for a federal writ of habeas corpus. At issue was whether pet...

Steven Sera v. Greg Harmon
Date: October 4, 2013
Docket Number: 13-1125
Thomas Ingrassia v. Keith Schafer
Date: October 3, 2013
Docket Number: 13-1308
United States v. Guevara  
Date: October 3, 2013
Docket Number: 13-1340

Justia Opinion Summary: Defendant appealed her conviction for possession of methamphetamine with intent to distribute. The court concluded that the record showed that the trooper had probable cause necessary to make the traffic stop for imprope...

Kerry Gibson v. Social Security Administration
Date: October 3, 2013
Docket Number: 13-2940
United States v. Lemuel Hall
Date: October 1, 2013
Docket Number: 12-3608
United States v. Keith Nelson
Date: October 1, 2013
Docket Number: 12-4025
United States v. Hugo Galaviz
Date: October 1, 2013
Docket Number: 13-1052
United States v. Andre Roddy
Date: October 1, 2013
Docket Number: 13-1055
United States v. Renee Dattolico
Date: October 1, 2013
Docket Number: 13-1081
United States v. Dale Gatewood
Date: October 1, 2013
Docket Number: 13-1440
United States v. Damon Collier
Date: October 1, 2013
Docket Number: 13-1605
United States v. Clark Vanosdoll
Date: September 30, 2013
Docket Number: 13-1855
Southern Wine & Spirits, et al. v. Division of Alcohol & Tobacco, et al.  
Date: September 25, 2013
Docket Number: 12-2502

Justia Opinion Summary: Southern Wine filed suit challenging the Divisions' denial of its application for a license to sell liquor wholesale in Missouri. The Division denied the application because Southern Wine did not satisfy a residency requ...

Kroupa v. Nielsen, et al.  
Date: September 25, 2013
Docket Number: 12-2843

Justia Opinion Summary: After 15-year-old B.K. was barred from showing livestock at 4-H exhibitions, B.K.'s father filed suit under 42 U.S.C. 1983 against the unincorporated 4-H Association and two 4-H officials. The district court granted prel...

Samuel Haley v. Deborah Vinson
Date: September 25, 2013
Docket Number: 13-1058
United States v. Rebecca Miller
Date: September 25, 2013
Docket Number: 13-1246
Cory Stilp v. HSBC Bank USA, N.A.
Date: September 25, 2013
Docket Number: 13-1666
John Warner v. Chase Home Finance LLC
Date: September 25, 2013
Docket Number: 13-1756
Zachary Smith v. State of Missouri
Date: September 25, 2013
Docket Number: 13-1769
Burton v. St. Louis Board of Police, et al.  
Date: September 24, 2013
Docket Number: 12-2524

Justia Opinion Summary: After plaintiff served 24 years in prison for murder, a Missouri court found that plaintiff's trial had been fundamentally unfair and ordered his release. Plaintiff then filed suit against the St. Louis Board of Police C...

McDowell, et al. v. Price, et al.  
Date: September 24, 2013
Docket Number: 12-3716

Justia Opinion Summary: Plaintiffs filed suit against their former employer and others under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq. After the district court adopted the magistrate judge's recommended...

United States v. Cheryl Anderson
Date: September 24, 2013
Docket Number: 13-1484
State of North Dakota v. EPA  
Date: September 23, 2013
Docket Numbers: 12-1844, 12-1961, 12-2331

Justia Opinion Summary: The State, in consolidated petitions for review, challenged the EPA's final rule approving in part and disapproving in part two state implementation plans (SIPs) submitted by the State to address its obligations under se...

State of North Dakota v. EPA
Date: September 23, 2013
Docket Number: 12-1961
State of North Dakota v. EPA
Date: September 23, 2013
Docket Number: 12-2331
Eller, et al. v. NFL Players Assoc., et al.  
Date: September 23, 2013
Docket Number: 12-2487

Justia Opinion Summary: This case concerned the 2011 NFL lockout. Active NFL players filed a class action suit (Brady suit) against the NFL, alleging violations of the federal antitrust laws and other claims. Retired NFL players also filed suit...

United States v. Amaya  
Date: September 23, 2013
Docket Number: 12-3134

Justia Opinion Summary: The government appealed the district court's grant of defendant's motion for a new trial after he was found guilty of one count of conspiracy to launder money. The district court found that it committed two specific plai...

Roberto De La Fuente v. Eric H. Holder, Jr.
Date: September 23, 2013
Docket Number: 12-3192
United States v. Jason Devers
Date: September 23, 2013
Docket Number: 13-1583
United States v. Scott Krantz
Date: September 23, 2013
Docket Number: 13-2792
Goben v. Corydon State Bank  
Date: September 23, 2013
Docket Number: 13-6039

Justia Opinion Summary: Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. On appeal, debtor challenged the bankruptcy court's order sustaining the Bank's objection to her claimed exemption in her 2000 Hyundai...

Thompson v. King, et al.  
Date: September 20, 2013
Docket Number: 12-3450

Justia Opinion Summary: Plaintiff filed suit against the County and others after her son Johnny died from multiple drug intoxication while in the county jail. At issue on appeal was the district court's denial of qualified immunity on summary j...

Teresa Bloodman v. Dr. Tom Kimbrell
Date: September 19, 2013
Docket Number: 12-3205
Bank of America, N.A. v. Armstrong  
Date: September 19, 2013
Docket Number: 13-6013

Justia Opinion Summary: Debtor appealed from the order of the bankruptcy court finding his debt to Bank of America nondischargeable under 11 U.S.C. 523(a)(2) for fraud and section 523(a)(4) for embezzlement. Under section 523(a)(4), Southwest B...

Wright v. St. Vincent Health System  
Date: September 18, 2013
Docket Number: 12-3162

Justia Opinion Summary: Plaintiff, a surgical technologist, filed suit against the hospital alleging racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and 42 U.S.C. 1981. T...

United States v. Travis Oberg
Date: September 17, 2013
Docket Number: 12-3681
United States v. Kerry L. Augustine
Date: September 17, 2013
Docket Number: 13-1198
United States v. Cedric Edwards
Date: September 17, 2013
Docket Number: 13-1718
United States v. Laeric West
Date: September 16, 2013
Docket Number: 13-1183
United States v. Jamal Lewis
Date: September 16, 2013
Docket Number: 13-1304
United States v. Cody Malone
Date: September 16, 2013
Docket Number: 13-1860
United States v. Rhodes  
Date: September 13, 2013
Docket Number: 12-3299

Justia Opinion Summary: Defendant appealed his conviction for using and maintaining a premises for the purpose of distributing and using a controlled substance. The court concluded that the evidence was sufficient to convict defendant and the d...

United States v. Aaron Gant
Date: September 13, 2013
Docket Number: 12-3632
United States v. Lange, et al.  
Date: September 13, 2013
Docket Number: 13-6007

Justia Opinion Summary: The Government appealed the bankruptcy court's order denying its motion to approve its superpriority administrative expense claim under section 507(b) of Title 11 of the Bankruptcy Code; its motion for evidentiary hearin...

Djibril Bah-Traore v. Eric H. Holder, Jr.
Date: September 12, 2013
Docket Number: 13-1046
James Vogel v. Scot Turner
Date: September 12, 2013
Docket Number: 13-1600
Johnson v. Minneapolis Park and Rec. Bd.  
Date: September 11, 2013
Docket Number: 12-2419

Justia Opinion Summary: Plaintiff, a self-described "professing Evangelical Christian," distributed Bibles at the Twin Cities Pride Festival for many years in an exhibitor's booth but in 2009, Twin Cities Pride denied plaintiff's application fo...

United States v. Thirplus Moose
Date: September 11, 2013
Docket Number: 13-1153
Michael Collins Iheme v. Warden Michelle Smith
Date: September 11, 2013
Docket Number: 13-2239
Mitchell v. Shearrer  
Date: September 10, 2013
Docket Numbers: 12-1931, 12-2058

Justia Opinion Summary: Plaintiff filed suit under 1983 alleging that police officers violated his constitutional rights by arresting him in his home without first obtaining a warrant to do so. The court concluded that plaintiff demonstrated su...

Charles Mitchell v. Josh Shearrer
Date: September 10, 2013
Docket Number: 12-2058
Jesinoski, et al. v. Countrywide Home Loans, Inc., et al.  
Date: September 10, 2013
Docket Number: 12-2202

Justia Opinion Summary: Mortgagors appealed the district court's grant of judgment on the pleadings to their lenders in a dispute regarding a home loan. At issue on appeal was whether mailing a notice of rescission within three years of consumm...

Geston, et al. v. Anderson  
Date: September 10, 2013
Docket Number: 12-2224

Justia Opinion Summary: Plaintiff and his wife appealed the denial of his application for Medicaid benefits, arguing that the Department wrongfully denied the application because it had improperly counted against the wife's eligibility an annui...

Joseph Dayringer v. David Webster
Date: September 10, 2013
Docket Number: 12-2434
Southern Club Enterprises, Inc v. United States
Date: September 10, 2013
Docket Number: 12-3459
United States v. Morgan  
Date: September 10, 2013
Docket Number: 12-4043

Justia Opinion Summary: Defendant was indicted for possession with intent to distribute five grams or more of methamphetamine. On appeal, the government challenged the district court's grant of defendant's motion to suppress evidence seized fro...

United States v. Haldon Gilkes
Date: September 10, 2013
Docket Number: 13-1020
United States v. Michael Abrahamson
Date: September 9, 2013
Docket Number: 11-2404
Thompson, et al. v. CIR  
Date: September 9, 2013
Docket Number: 12-1725

Justia Opinion Summary: Appellant formed RJT Investments X, LLC and began acting as RJT's tax matters partner. Thompson, later that year, entered into an illegal "Son-of-BOSS" tax shelter transaction using RJT in order to offset capital gains o...

United States v. Mariano  
Date: September 9, 2013
Docket Number: 12-2874

Justia Opinion Summary: Defendant appealed his convictions stemming from charges related to his participation in a scheme to steal checks and credit cards. The court concluded that defendant could not challenge on appeal the district court's gi...

United States v. Kyle Thomas Soltesz
Date: September 9, 2013
Docket Number: 13-1511
Purkey v. United States  
Date: September 6, 2013
Docket Number: 10-3462

Justia Opinion Summary: Defendant was convicted of the interstate kidnap, rape, and murder of a sixteen-year-old. On appeal, defendant challenged the denial of his motion to vacate, set aside, or correct his sentence of death under 28 U.S.C. 22...

Hortica-Florists' Mutual Ins. v. Pittman Nursery Corp., et al.  
Date: September 6, 2013
Docket Numbers: 12-1352, 12-1434

Justia Opinion Summary: This case concerned the struggle for control of a family business, the Pittman Nursery Corporation (PNC). The district court ruled that Hortica, insurer for PNC, had a duty to defend three of the five lawsuits at issue....

Hortica-Florists' Mutual Ins. v. Pittman Nursery Corporation
Date: September 6, 2013
Docket Number: 12-1434
United States v. John Stone
Date: September 6, 2013
Docket Number: 13-1286
United States v. De Shane Crutcher
Date: September 6, 2013
Docket Number: 13-1589
Alcan Packaging Co. v. Graphic Communications, et al.  
Date: September 5, 2013
Docket Number: 12-3272

Justia Opinion Summary: The Unions filed a grievance against Alcan, claiming that Alcan violated a collective bargaining agreement. On appeal, the Unions challenged the district court's order vacating the arbitrator's award of severance pay. Th...

CMH Homes, Inc., et al. v. Goodner, et al.  
Date: September 5, 2013
Docket Number: 12-3381

Justia Opinion Summary: Plaintiffs filed a putative class action suit against CMH Homes, Vanderbilt and others in state court. The companies subsequently filed a petition in the district court alleging that plaintiffs' claims were subject to ma...

Frederick Davis v. St. Louis County
Date: September 5, 2013
Docket Number: 12-4006
United States v. Todd Smith
Date: September 5, 2013
Docket Number: 13-1024
DocMagic, Inc. v. The Mortgage Partnership  
Date: September 4, 2013
Docket Number: 12-1506

Justia Opinion Summary: This case arose when DocMagic, provider of mortgage loan document preparation software, filed various claims against Lenders One, provider of mortgage products and services, stemming from the parties' service contract (A...

Holmes v. Trinity Health  
Date: September 4, 2013
Docket Number: 12-3129

Justia Opinion Summary: Plaintiff filed suit against Trinity alleging wrongful termination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq.; Title VII of the Civil Rights Act, 42 U.S.C. 2000e-1 et seq.; the...

Ketroser, et al. v. Mayo Foundation, et al.  
Date: September 4, 2013
Docket Number: 12-3206

Justia Opinion Summary: Relators brought a qui tam action under the False Claims Act (FCA), 31 U.S.C. 3729(a)(1)(A) and (B), alleging that the Mayo Foundation and others billed Medicare for surgical pathology services it did not provide. The go...

Mary E. Petersen v. Denny Kaemingk
Date: September 4, 2013
Docket Number: 12-3839
United States v. Brent Jones
Date: September 4, 2013
Docket Number: 13-1554
United States v. Norvell  
Date: September 3, 2013
Docket Number: 12-3415

Justia Opinion Summary: Defendant appealed the district court's denial of his motion to withdraw his guilty plea after he pleaded guilty to drug offenses. The court concluded that defendant's misunderstanding that he was guaranteed the ability...

Horras v. American Capital Strategies, Ltd.  
Date: September 3, 2013
Docket Number: 12-3886

Justia Opinion Summary: Plaintiff, an Iowa citizen with a home health care business, merged his business with other home health care providers to form Auxi, Inc., a Delaware corporation. After the merger, ACS acquired control of Auxi and then s...

Jose Barron v. Eric H. Holder, Jr.
Date: September 3, 2013
Docket Number: 12-4050
United States v. Jesse Akers
Date: September 3, 2013
Docket Number: 13-1078
American River Transp., et al. v. United States, Corp of Engineers  
Date: August 30, 2013
Docket Number: 12-1720

Justia Opinion Summary: The M/V Julie White, a towboat owned by Artco, was pushing four barges on the river when the barges separated from the towboat and allided with Lock and Dam 25. The barges then sank. After Artco salvaged and removed the...

ABF Freight System, Inc. v. Int'l Brotherhood of Teamsters, et al.  
Date: August 30, 2013
Docket Number: 12-3090

Justia Opinion Summary: ABF filed suit against defendants alleging a violation of a collective bargaining agreement (CBA). On appeal, ABF challenged the district court's grant of defendants' motion to dismiss under Rule 12(b)(6). ABF contended...

Roers v. Countrywide Home Loans, Inc., et al.  
Date: August 30, 2013
Docket Numbers: 12-3161, 12-3252

Justia Opinion Summary: Plaintiffs, Cynthia and Alan Roers, filed suit against Countrywide and others after Countrywide initiated foreclosure proceedings on the ranch property they owned. The court concluded that fact questions existed as to wh...

Cynthia Roers v. Countrywide Home Loans, Inc.
Date: August 30, 2013
Docket Number: 12-3252
Adair, et al. v. ConAgra Foods, et al.  
Date: August 30, 2013
Docket Number: 12-3565

Justia Opinion Summary: Plaintiffs, two laborers, filed suit against their employer, ConAgra Foods, alleging that ConAgra violated the Fair Labor Standards Act (FLSA), 29 U.S.C. 216(b), by failing to compensate them and others similarly situate...

Land O'Lakes, Inc. v. Employers Ins. Co., et al.  
Date: August 29, 2013
Docket Number: 12-1752

Justia Opinion Summary: The EPA filed suit under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq. against Land O'Lakes, alleging that Land O'Lakes was responsible for cleanup cos...

The Travelers Indemnity Co. v. White Mountains Reinsurance
Date: August 29, 2013
Docket Number: 12-1887
The Travelers Indemnity Co. v. White Mountains Reinsurance
Date: August 29, 2013
Docket Number: 12-1889
United States v. Abimael Castellon-Laureano
Date: August 29, 2013
Docket Number: 12-3503
David Ockerman v. Ryan Baker
Date: August 29, 2013
Docket Number: 12-3946
United States v. Jorge Villagrana
Date: August 29, 2013
Docket Number: 13-1722
Legendary Stone Arts, LLC v. Maness, et al.  
Date: August 29, 2013
Docket Number: 13-6037

Justia Opinion Summary: After defendants, Wendell O. Maness and Carolyn H. Maness, filed for bankruptcy, Legendary Stone sought a determination from the bankruptcy court that the indebtedness due from Top Shop, the company defendants owned, was...

United States ex rel. Newell v. City of St. Paul  
Date: August 28, 2013
Docket Numbers: 12-2984, 12-3894

Justia Opinion Summary: Plaintiff filed suit under the False Claims Act, 31 U.S.C. 3729-3733, on behalf of the United States, against the City, alleging that the City obtained grants from HUD by falsely certifying compliance with Section 3 of t...

Jackman v. Fifth Judicial District, et al.  
Date: August 28, 2013
Docket Number: 12-3250

Justia Opinion Summary: Plaintiff filed suit alleging sex and race discrimination, retaliation, and sex and race harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and retaliation in violation of the...

United States v. Jirak  
Date: August 28, 2013
Docket Number: 12-3436

Justia Opinion Summary: Defendant appealed his conviction on five counts of making a false claim for a tax refund on January 9, 2009; making a false claim for a tax refund on March 27, 2009; uttering a forged treasury check on March 9, 2009; ma...

Inechien v. Nichols Aluminum, LLC, et al.  
Date: August 28, 2013
Docket Number: 12-3734

Justia Opinion Summary: Plaintiff filed suit against his employer (Nichols) for breach of the Collective Bargaining Agreement (CBA) and against his union for breach of its duty of fair representation. Plaintiff alleged that Nichols breached the...

United States ex rel. Newell v. City of St. Paul
Date: August 28, 2013
Docket Number: 12-3894
Mayo Clinic v. Peter L. Elkin, M.D.
Date: August 27, 2013
Docket Number: 11-2959
Olivier Family Interests v. Doris Wright
Date: August 27, 2013
Docket Number: 12-2573
United States v. Miller  
Date: August 27, 2013
Docket Number: 12-2821

Justia Opinion Summary: Defendant appealed his conviction of four counts of making false claims against the United States. The court concluded that the district court did not err by not conducting a third Faretta inquiry where defendant had the...

Olivier Family Interests v. Doris Wright
Date: August 27, 2013
Docket Number: 12-3021
Olivier Family Interests v. Doris Wright
Date: August 27, 2013
Docket Number: 12-3024
United States v. Washburn  
Date: August 27, 2013
Docket Number: 12-3080

Justia Opinion Summary: Defendant was convicted of wire fraud, money laundering, and making false statements to the United States Probation Office. On appeal, defendant argued that the district court erred at trial in admitting certain evidence...

United States v. Hinojosa  
Date: August 27, 2013
Docket Number: 12-3468

Justia Opinion Summary: Defendant was convicted of conspiracy to distribute methamphetamine and distribution of methamphetamine. Defendant appealed her conviction and sentence. The court concluded that the evidence was sufficient to convict def...

United States v. Allen Brown, Jr.
Date: August 27, 2013
Docket Number: 12-3552
United States v. Anthony Murphy
Date: August 27, 2013
Docket Number: 12-3769
Rodney Bell v. Carolyn W. Colvin
Date: August 27, 2013
Docket Number: 13-1226
United States v. Lorenzo Diaz
Date: August 27, 2013
Docket Number: 13-1543
Johnson v. Securitas Security Services  
Date: August 26, 2013
Docket Number: 12-2129

Justia Opinion Summary: Plaintiff, aged 76, filed suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq, and state law, contending that Securitas fired him because of his age. Plaintiff cited evidence that prior to hi...

United States v. Loesel  
Date: August 26, 2013
Docket Number: 12-3543

Justia Opinion Summary: Defendant appealed his sentence stemming from his conviction for conspiring to manufacture and distribute at least 50 grams of actual methamphetamine and 500 grams of meth mixture or substance. The court concluded that t...

United States v. Jones  
Date: August 26, 2013
Docket Number: 12-3859

Justia Opinion Summary: Defendant appealed his conviction for being a felon in possession of a firearm. The court concluded that even if the district court abused its discretion in restricting the cross-examination of a witness, any error was h...

Jason Joseph Slavicek v. Carolyn W. Colvin
Date: August 23, 2013
Docket Number: 12-3799
Owens v. Astrue  
Date: August 23, 2013
Docket Number: 12-3876

Justia Opinion Summary: Plaintiff appealed the denial of his application for Social Security disability benefits and supplemental security income. The court concluded that the ALJ erred in determining plaintiff's residual functional capacity as...

WFC Holdings Corp. v. United States  
Date: August 22, 2013
Docket Number: 11-3616

Justia Opinion Summary: WFC challenged the district court's holding that WFC was not entitled to a tax refund for a capital loss it claimed as a result of a complex transaction involving the transfer of leases and the sale of stock. WFC argued...

Mary Oben v. Eric H. Holder, Jr.
Date: August 22, 2013
Docket Number: 12-3683
Bobby Pipkin v. Carolyn W. Colvin
Date: August 22, 2013
Docket Number: 12-3787
United States v. Richard Cone
Date: August 22, 2013
Docket Number: 12-4023
United States v. Albert Lambers
Date: August 22, 2013
Docket Number: 13-1094
Capital Promotions v. Don King Productions
Date: August 22, 2013
Docket Number: 13-1402
Dedi Harianto v. Eric H. Holder, Jr.
Date: August 21, 2013
Docket Number: 12-3837
Willie Blackmon v. George Lombardi
Date: August 21, 2013
Docket Number: 13-1503
Conway v. National Collegiate Trust, et al.  
Date: August 21, 2013
Docket Number: 13-6016

Justia Opinion Summary: Plaintiff appealed the bankruptcy court's finding that her student loan obligations to NCT and its loan servicer were nondischargeable. The bankruptcy appellate panel (BAP) concluded that the record revealed that plainti...

Patriot Coal Corp., et al. v. Peabody Holding Co., et al.  
Date: August 21, 2013
Docket Number: 13-6031

Justia Opinion Summary: In this case, the parties disagreed about the nature of their dissolution agreement after one of them experienced a change in circumstances. Patriot Coal and Heritage Coal sought declaratory relief under 28 U.S.C. 2201 a...

NLRB v. RELCO Locomotive  
Date: August 20, 2013
Docket Numbers: 12-2111, 12-2447, 12-2203, 12-2503

Justia Opinion Summary: In these consolidated cases, the court addressed the Board's finding that RELCO unlawfully discharged eight workers for engaging in protected labor activity and RELCO's subsequent challenge to the Board's composition. Th...

NLRB v. Relco Locomotives
Date: August 20, 2013
Docket Number: 12-2203
NLRB v. Relco Locomotives
Date: August 20, 2013
Docket Number: 12-2447
NLRB v. Relco Locomotives
Date: August 20, 2013
Docket Number: 12-2503
Page, et al. v. Farm Credit Services, etc., et al.  
Date: August 20, 2013
Docket Numbers: 12-3077, 12-3078

Justia Opinion Summary: Appellants, owners and/or managers of Big Drive Cattle, LLC, appealed the district court's dismissal of their counterclaims against Farm Credit. Big Drive executed various promissory notes and loan agreements with Farm C...

Joseph H. Page v. Farm Credit Services, etc.
Date: August 20, 2013
Docket Number: 12-3078
United States v. Raul Guzman
Date: August 20, 2013
Docket Number: 13-1956
Hartman, et al. v. Smith, et al.  
Date: August 19, 2013
Docket Numbers: 12-1947, 12-2012

Justia Opinion Summary: Plaintiffs filed suit against defendants alleging claims under, inter alia, the Truth in Lending Act (TILA), as amended by the Home Ownership Equity Protection Act, 15 U.S.C. 1602 et seq. Defendants are persons and entit...

Mavis Hartman v. Brian Smith
Date: August 19, 2013
Docket Number: 12-2012
United States v. Mohamed  
Date: August 16, 2013
Docket Number: 12-2835

Justia Opinion Summary: Defendant appealed his conviction for food-stamp fraud by giving cash back on a purchase with a USDA Electronics Benefit Transfer (EBT) food-stamp card. The court concluded that it was unnecessary to decide whether admit...

Peterson, et al. v. City of Florence  
Date: August 16, 2013
Docket Number: 12-3017

Justia Opinion Summary: Plaintiffs filed suit against the city alleging that the city's zoning scheme violated the First and Fourteenth Amendments. The court concluded that the zoning ordinances at issue were content-neutral, time, place and ma...

Jones v. United States  
Date: August 16, 2013
Docket Number: 12-3275

Justia Opinion Summary: Plaintiff filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., alleging that the VA negligently withheld benefits. Determining that the court had jurisdiction under 28 U.S.C. 1291, the court concl...

United States v. Stevenson  
Date: August 15, 2013
Docket Number: 12-3960

Justia Opinion Summary: Defendant conditionally pleaded guilty to two counts of possessing child pornography and subsequently appealed the district court's rulings. The court concluded that defendant's Fourth Amendment rights were not violated...

Larry Sidler v. Carolyn W. Colvin
Date: August 15, 2013
Docket Number: 13-1053
Amber Ybarra v. AR Department of Corrections
Date: August 15, 2013
Docket Number: 13-1212
David Stebbins v. Harp & Associates
Date: August 15, 2013
Docket Number: 13-1262
United States v. Geff Yielding
Date: August 13, 2013
Docket Number: 12-2673
United States v. Donnell  
Date: August 13, 2013
Docket Number: 12-3520

Justia Opinion Summary: Defendant pleaded guilty to possession with intent to distribute marijuana and possession of a firearm in furtherance of a drug trafficking offense. On appeal, defendant challenged the district court's denial of his moti...

Greg Herden v. United States
Date: August 9, 2013
Docket Number: 11-3530
Joseph Dayringer v. David Webster
Date: August 9, 2013
Docket Number: 12-2434
United States v. Bames, et al.  
Date: August 9, 2013
Docket Number: 12-3417

Justia Opinion Summary: This case arose when the IRS gave Fred Bame an erroneous tax refund of over $500,000. After Fred died and the government was unable to collect from his estate, the government filed suit against his ex-wife and two corpor...

Pilger, et al. v. Sweeney, et al.  
Date: August 8, 2013
Docket Number: 12-2698

Justia Opinion Summary: Plaintiffs filed suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001-1461, alleging that defendants violated ERISA when defendants, realizing that they had paid plaintiffs excess retire...

Rochling v. Dept. of VA, et al.  
Date: August 8, 2013
Docket Number: 12-2828

Justia Opinion Summary: After a patient's death, the patient's family sued the VA for medical malpractice. The VA settled with the family and determined that the settlement was "for the benefit of" plaintiff, who was a treating physician. Plain...

United States v. Chris Ferguson
Date: August 8, 2013
Docket Number: 12-2880
Lors v. Dean, et al.  
Date: August 8, 2013
Docket Number: 12-2955

Justia Opinion Summary: Plaintiff filed suit under Titles I and V of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq., against his employer and various state employees, alleging that defendants retaliated against him i...

Mark Campbell v. AR Department of Correction
Date: August 8, 2013
Docket Number: 12-3053
United States v. Lewis Bolden
Date: August 8, 2013
Docket Number: 12-3558
United States v. Ford  
Date: August 8, 2013
Docket Number: 12-3687

Justia Opinion Summary: Defendant was acquitted of sexual abuse of an incapacitated person but convicted of kidnapping. On appeal, defendant argued that his acquittal on the sexual abuse count required an acquittal on the kidnapping count as a...

United States v. Michael Sacca
Date: August 8, 2013
Docket Number: 12-3831
United States v. Lashaun Perry
Date: August 8, 2013
Docket Number: 12-4022
Dennis Maggese v. John Stoia
Date: August 8, 2013
Docket Number: 12-4034
George H. Kalberer v. Teamsters Local 120
Date: August 8, 2013
Docket Number: 13-1356
United States v. Jason Durgan
Date: August 8, 2013
Docket Number: 13-1538
United States v. Stephen White
Date: August 8, 2013
Docket Number: 13-1809
Seaver v. New Buffalo Auto Sales, LLC, et al.  
Date: August 8, 2013
Docket Numbers: 13-6005, 13-6006

Justia Opinion Summary: These consolidated appeals concerned a home previously owned by debtor. On appeal, the Trustee challenged the bankruptcy court's order holding that he recover nothing from defendants on his action to avoid a transfer whi...

Randall Seaver v. New Buffalo Auto Sales, LLC
Date: August 8, 2013
Docket Number: 13-6006
Hernandez v. Dept. of Health & Human Serv.  
Date: August 8, 2013
Docket Number: 13-6010

Justia Opinion Summary: Debtor appealed the bankruptcy court's order allowing a claim filed by the DHHS as a priority debt in the nature of a domestic support obligation. The court affirmed the judgment, concluding that the debt owed to DHHS wa...

Residential Funding Co. v. Terrace Mortgage Co.  
Date: August 7, 2013
Docket Number: 12-2569

Justia Opinion Summary: Residential filed suit against Terrace alleging breach of contract when Terrace refused to repurchase loans Residential purchased from Terrace. The court rejected, under Minnesota law, Terrace's argument that the contrac...

United States v. Lindon Roy Knutson
Date: August 7, 2013
Docket Number: 12-2801
United States v. Terry Black Lance
Date: August 7, 2013
Docket Number: 12-3583
David Young v. Waynesville R-VI School Dist,
Date: August 7, 2013
Docket Number: 13-1413
United States v. Cole  
Date: August 6, 2013
Docket Numbers: 11-1232, 11-1513

Justia Opinion Summary: Defendant was convicted of conspiracy to commit mail and wire fraud and conspiracy to commit tax fraud. On appeal, the government challenged defendant's sentence as substantively unreasonable and defendant cross-appealed...

United States v. Abby Rae Cole
Date: August 6, 2013
Docket Number: 11-1513
United States v. Gilbert  
Date: August 6, 2013
Docket Numbers: 12-1788, 12-1790, 12-1791, 12-2009

Justia Opinion Summary: Defendants were convicted of charges stemming from a series of attempted robberies and the robbery of an armored car service. Defendants appealed their convictions and Defendant Gilbert appealed his sentence. The court c...

United States v. Jason Gilbert
Date: August 6, 2013
Docket Number: 12-1790
United States v. Jason Gilbert
Date: August 6, 2013
Docket Number: 12-1791
Jeffries v. United States  
Date: August 6, 2013
Docket Number: 12-1971

Justia Opinion Summary: Defendant appealed his sentence stemming from his plea of guilty to one count of abusive sexual contact with a child. At issue was whether defendant received ineffective assistance of counsel when his attorney failed to...

United States v. Jason Gilbert
Date: August 6, 2013
Docket Number: 12-2009
Gathungu, et al. v. Holder, Jr.  
Date: August 6, 2013
Docket Number: 12-2489

Justia Opinion Summary: Petitioner and his family, Kenyan citizens, petitioned for review of the BIA's order denying them asylum and withholding of removal. The court held that Mungiki defectors constituted a "particular social group" and that...

Scott v. Baldwin  
Date: August 6, 2013
Docket Number: 12-3350

Justia Opinion Summary: Plaintiffs, four former inmates, filed suit under 42 U.S.C. 1983, seeking monetary and injunctive relief for detention beyond their release dates. The court affirmed the district court's grant of qualified immunity to th...

Carlisle Power Trans. Products v. United Steel, etc.  
Date: August 5, 2013
Docket Number: 12-1986

Justia Opinion Summary: This appeal stemmed from a dispute between the Union and Carlisle over the arbitrability of a grievance concerning disability benefits. The district court granted summary judgment in favor of Carlisle and denied the Unio...

Khalifah Faruq v. Leon Vickers
Date: August 5, 2013
Docket Number: 12-2192
United States v. Larry Phillips
Date: August 5, 2013
Docket Number: 12-2316
United States v. Larry Phillips
Date: August 5, 2013
Docket Number: 12-2550
United States v. Jefferson  
Date: August 5, 2013
Docket Number: 12-2643

Justia Opinion Summary: Defendant appealed his convictions and sentences stemming from drug-related charges. Defendant's counsel raised numerous issues on appeal and defendant raised additional issues in a pro se supplemental brief. The court a...

Acosta v. Acosta, et al.  
Date: August 5, 2013
Docket Numbers: 12-2663, 12-2791

Justia Opinion Summary: Petitioner, the father, sought the return of his children to Peru under the Hague Convention on the Civil Aspects of International Child Abduction, and its implementing legislation, the International Child Abduction Reme...

Ricardo Acosta v. Anne Marie Acosta
Date: August 5, 2013
Docket Number: 12-2791
DISH Network Service L.L.C. v. Laducer, et al.  
Date: August 5, 2013
Docket Number: 12-2871

Justia Opinion Summary: Defendant, an enrolled member of the Turtle Mountain Band of the Chippewa Indians, entered into a satellite television contract with DISH but used his daughter's credit card to open his account. After defendant stopped m...

Saterdalen v. Spencer, et al.  
Date: August 5, 2013
Docket Number: 12-2953

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that a detective submitted a false statement of probable cause to secure a warrant for his arrest and that an assistant county attorney approved the warrant application...

Novus Franchising, Inc. v. Dawson  
Date: August 5, 2013
Docket Number: 12-2982

Justia Opinion Summary: Novus appealed the district court's refusal to enforce a non-compete clause against a franchisee as part of a preliminary injunction which prohibited the franchisee from using Novus's marks and products in his automotive...

United States v. Arnold  
Date: August 5, 2013
Docket Number: 12-3082

Justia Opinion Summary: Defendant appealed the district court's denial of his motion to suppress evidence from a search that led to his arrest for drug and firearm possession charges, and motion for a hearing to challenge the truthfulness of th...

S.L. v. Board of Police Commissioners, et al.  
Date: August 5, 2013
Docket Number: 12-3193

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against St. Louis police officers for, inter alia, arresting her on false charges and conspiring to hide it. The court concluded that the record was sufficient for a reasonable f...

United States v. Lunsford  
Date: August 5, 2013
Docket Number: 12-3616

Justia Opinion Summary: Defendant entered a conditional plea of guilty to a charge of failing to update his registration after he moved from Missouri to the Philippines under the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C....

Herman Paulson v. Dale Wein
Date: August 5, 2013
Docket Number: 12-3720
United States v. Jack Van Matre
Date: August 5, 2013
Docket Number: 12-3800
Isaac Russell v. Correctional Medical Services
Date: August 5, 2013
Docket Number: 12-3948
United States v. Bobby Khabeer
Date: August 5, 2013
Docket Number: 13-1048
United States v. Anthony Deloney
Date: August 5, 2013
Docket Number: 13-1371
Charvat v. Mutual First Fed. Credit Union  
Date: August 2, 2013
Docket Numbers: 12-2790, 12-2797

Justia Opinion Summary: Plaintiff filed putative class actions under the Electronic Fund Transfer Act (EFTA), 15 U.S.C. 1693, alleging that Mutual First and First National violated the Act because defendants' ATM machines did not have "on machi...

Jarek Charvat v. Mutual First Fed. Credit Union
Date: August 2, 2013
Docket Number: 12-2797
United States v. Clay  
Date: August 2, 2013
Docket Number: 12-2893

Justia Opinion Summary: Defendant appealed the district court's denial of his 28 U.S.C. 2255 motion for post-conviction relief, arguing that the district court used an incorrect standard to evaluate the effect of the Government's alleged use of...

Minnesota Voters Alliance, et al. v. Ritchie, et al.  
Date: August 2, 2013
Docket Number: 12-2946

Justia Opinion Summary: Voters filed suit against Officials challenging the process by which Officials confirmed the eligibility of voters who register on election day (election day registrants or EDRs). Voters also challenged a provision of th...

Johnson, Jr. v. County of Douglas, NE  
Date: August 2, 2013
Docket Number: 13-1134

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the County after a jail operated by the County failed to provide him with necessary anti-seizure medication while he was incarcerated. In this instance, plaintiff present...

Leonard Fungasha v. Eric H. Holder, Jr.
Date: August 2, 2013
Docket Number: 13-1376
Armenta-Lagunas v. Holder, Jr.  
Date: August 1, 2013
Docket Number: 12-2219

Justia Opinion Summary: Petitioner challenged the BIA's order denying his motion to terminate deportation proceedings. The court denied the petition for review, concluding that petitioner's conviction of witness tampering in violation of Nebras...

PETCO Animal Supplies Stores, et al. v. Ins. Co. of North America  
Date: August 1, 2013
Docket Number: 12-2822

Justia Opinion Summary: PETCO sought a declaration that ICNA had to defend and indemnify PETCO in an underlying litigation with Medtronic. Medtronic sued PETCO after an aquarium heater it had purchased from PETCO malfunctioned and started a fir...

United States v. Smith  
Date: August 1, 2013
Docket Number: 12-2948

Justia Opinion Summary: Defendant pleaded guilty to five counts of distribution of cocaine base and subsequently appealed his conviction. The court concluded that the incorrect date on the warrant was a "technicality issue" that did not invalid...

Ries v. Calandrillo  
Date: August 1, 2013
Docket Number: 13-6003

Justia Opinion Summary: Trustee filed an adversary complaint against Scarlett & Gucciardo to avoid as a preferential transfer under 11 U.S.C. 547, and recover under 11 U.S.C. 550, the $65,000 payment Scarlett & Gucciardo had received from Debto...

Holder v. United States  
Date: July 31, 2013
Docket Number: 10-1304

Justia Opinion Summary: Appellant, convicted of robbing a bank and killing a bank security guard, appealed the district court's Federal Rule of Civil Procedure 59(e) motion to alter or amend the district court's judgment. The court rejected app...

Lexington Ins. Co. v. Fidelity Nat'l Fin.  
Date: July 31, 2013
Docket Number: 12-1599

Justia Opinion Summary: Lexington sought a declaration that it owed Integrity neither coverage nor defenses under an errors and omissions (E&O) insurance policy. Fidelity intervened and subsequently moved for a stay. The court concluded that th...

McCall v. Disabled American Veterans, et al.  
Date: July 31, 2013
Docket Number: 12-3011

Justia Opinion Summary: Plaintiff, a truck driver for Red Racks, which was operated by DAV, filed suit under section 306 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) Technical Corrections Act (TCA), Pub....

United States v. Mathias  
Date: July 31, 2013
Docket Number: 12-3092

Justia Opinion Summary: Defendant pleaded guilty to conspiracy to manufacture marijuana. On appeal, defendant challenged the district court's denial of his motion to suppress evidence. The court concluded that the strip of grass and weeds on de...

United States v. Samuel James Johnson
Date: July 31, 2013
Docket Number: 12-3123
United States v. Miguel Neumiller
Date: July 31, 2013
Docket Number: 12-3189
Roberts v. City of Omaha, et al.  
Date: July 31, 2013
Docket Number: 12-3426

Justia Opinion Summary: Plaintiff filed suit against defendants, the city and four officers, alleging, among other things, Fourth Amendment excessive force violations of 42 U.S.C. 1983; and violations of the Americans with Disabilities Act of 1...

United States v. Marc Engelmann
Date: July 30, 2013
Docket Number: 12-1343
Bishop v. Deputy Dale Glazier, et al.  
Date: July 30, 2013
Docket Number: 12-2661

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 alleging that the deputy sheriff used excessive force against him. The court concluded that precedent in place at the time of this incident suggested that the presence of only de...

United States v. Ruben Avila
Date: July 30, 2013
Docket Number: 12-3111
Kamann v. Astrue  
Date: July 30, 2013
Docket Number: 12-3396

Justia Opinion Summary: Plaintiff appealed the denial of his application for social security disability insurance benefits. The court concluded that the ALJ met his duty to fully and fairly develop the record; the district court correctly uphel...

Kevin Ward v. Bradley Smith
Date: July 29, 2013
Docket Number: 12-1433
United States v. Morris  
Date: July 29, 2013
Docket Numbers: 12-1525, 12-1526

Justia Opinion Summary: Defendants appealed their convictions for 44 counts of fraudulent behavior relating to theft of government funds, filing of their personal taxes, and actions they took as paid tax preparers. The court concluded that ther...

United States v. James Morris
Date: July 29, 2013
Docket Number: 12-1526
Lucas, et al. v. Jerusalem Cafe, LLC, et al  
Date: July 29, 2013
Docket Number: 12-2170

Justia Opinion Summary: Plaintiffs filed suit against the Cafe and its owner and manager for willfully violating the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. 201 et seq. On appeal, defendants challenged the district court's denial of...

SEC v. Dean, et al.  
Date: July 29, 2013
Docket Number: 12-2780

Justia Opinion Summary: This case stemmed from the SEC's civil enforcement action against former infoUSA financial officers, including defendant. A jury found that defendant violated various securities laws and the district court imposed severa...

McDade v. Astrue  
Date: July 29, 2013
Docket Number: 12-3091

Justia Opinion Summary: Plaintiff appealed the denial of his application for disability benefits and supplemental security income (SSI). The court concluded that the ALJ did not err in discounting the most severe subjective complaints of pain b...

United States v. Vega  
Date: July 29, 2013
Docket Number: 12-3430

Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and subsequently appealed his sentence. The court concluded that the district court did not clearly err in imposing an enhancement for 37 firearms unde...

United States v. Outlaw  
Date: July 29, 2013
Docket Number: 12-3577

Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession and subsequently appealed his sentence. The court concluded that the district court did not err in granting an upward departure under U.S.S.G. 4A1.3(a) where a cate...

United States v. Shirley Schmitt
Date: July 29, 2013
Docket Number: 13-2329
Wright v. Bowersox  
Date: July 26, 2013
Docket Number: 11-3886

Justia Opinion Summary: Petitioner, convicted of two counts of statutory sodomy against two children, appealed the denial of habeas relief. The court concluded that petitioner failed to find support in the record to overcome the presumption tha...

Kevin Murphy v. Aurora Loan Services
Date: July 26, 2013
Docket Number: 12-2902
Jean Anderson v. CitiMortgage, Inc.
Date: July 26, 2013
Docket Number: 12-3032
Kevin Murphy v. Aurora Loan Services
Date: July 26, 2013
Docket Number: 12-3372
Pena-Calleja v. Ring  
Date: July 26, 2013
Docket Number: 12-3487

Justia Opinion Summary: Petitioner appealed the district court's denial of his motion to appoint counsel to represent him in his petition for a writ of habeas corpus under 28 U.S.C. 2254. The court joined its sister circuits and held that an or...

Jean Anderson v. CitiMortgage, Inc.
Date: July 26, 2013
Docket Number: 12-3835
Theodore E. Kent v. Bank of America, N.A.
Date: July 26, 2013
Docket Number: 13-1441
Kingman, et al. v. Dillards, Inc.  
Date: July 25, 2013
Docket Numbers: 12-1075, 12-1091

Justia Opinion Summary: After the district court awarded plaintiff and her husband damages for an injury she sustained as a result of a clothing rack breaking free from a wall at Dillard's department store and striking her in the shoulder, Dill...

Paula Kingman v. Dillards, Inc.
Date: July 25, 2013
Docket Number: 12-1091
United States v. Long  
Date: July 25, 2013
Docket Number: 12-1959

Justia Opinion Summary: Defendant appealed his sentence and conviction of two counts of aggravated sexual abuse of a child. The court concluded that, even if it was error for the government to admit defendant's pre-arrest, pre-Miranda "incrimin...

Derrol Kirby, III v. John Roth
Date: July 25, 2013
Docket Number: 12-1987
Teague, et al. v. Arkansas Board of Education, et al.  
Date: July 25, 2013
Docket Numbers: 12-2413, 12-2418

Justia Opinion Summary: Plaintiffs ("Parents") filed suit against Educators seeking a declaratory judgment that the Arkansas Public School Choice Act of 1989, Ark. Code Ann. 6-18-206(f)(1), violated the Equal Protection Clause and an injunction...

Ron Teague v. Arkansas Board of Education
Date: July 25, 2013
Docket Number: 12-2418
Anthony Haubrich v. U.S. Bank National Association
Date: July 25, 2013
Docket Number: 12-3194
Dean J. Welk v. Bank of America, N.A
Date: July 25, 2013
Docket Number: 12-3219
Phillips v. Colvin  
Date: July 25, 2013
Docket Number: 12-3265

Justia Opinion Summary: Plaintiff appealed the denial of supplemental security income (SSI) benefits. Applying a deferential standard of review, the court held that substantial evidence supported the ALJ's finding that plaintiff did not meet th...

Dean J. Welk v. Bank of America, N.A
Date: July 25, 2013
Docket Number: 12-3592
Dollie Galbreath v. Michael J. Astrue
Date: July 25, 2013
Docket Number: 12-3857
J.B., et al. v. Avilla R-XIII School District  
Date: July 24, 2013
Docket Numbers: 12-1112, 12-1113

Justia Opinion Summary: Plaintiffs filed suit against the District alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 706 and 794a. Plaintiffs'...

J.B. v. Avilla R-XIII School District
Date: July 24, 2013
Docket Number: 12-1113
United States v. Calhoun  
Date: July 24, 2013
Docket Numbers: 12-1507, 12-2246

Justia Opinion Summary: Defendant Calhoun appealed her conviction of two counts of conspiracy to commit access device fraud and aggravated identity theft and making false statements to investigators. Calhoun's convictions stemmed from her purch...

Warger v. Shauers  
Date: July 24, 2013
Docket Number: 12-1846

Justia Opinion Summary: Plaintiff challenged the district court's denial of his motion for judgment as a matter of law, or in the alternative, for a new trial. Plaintiff sued defendant for the injuries he sustained during a traffic accident. Af...

United States v. Monique Calhoun
Date: July 24, 2013
Docket Number: 12-2246
United States v. Brian Briggs
Date: July 24, 2013
Docket Number: 13-1154
United States v. Darryl Jackson
Date: July 23, 2013
Docket Number: 11-3697
Amera-Seiki Corp. v. The Cincinnati Ins. Co.  
Date: July 23, 2013
Docket Number: 12-2739

Justia Opinion Summary: In an insurance coverage dispute with a policyholder, Cincinnati appealed the district court's adverse summary judgment rulings. The policyholder sought a claim of total loss for a vertical lathe that it purchased from a...

United States v. Guadalupe Martinez
Date: July 23, 2013
Docket Number: 12-4021
Stephen Wayne Carlson v. Minnesota DEED
Date: July 23, 2013
Docket Number: 13-1114
United States v. Dunn  
Date: July 22, 2013
Docket Numbers: 11-3255, 11-3256, 11-3257, 11-3258, 11-3318

Justia Opinion Summary: Defendants appealed their convictions for conspiring to distribute five kilograms or more of cocaine. Defendants Dunn, Westbrook, and Moore also appealed their convictions for using a communication facility to facilitate...

United States v. Adrian Dunn
Date: July 22, 2013
Docket Number: 11-3256
United States v. Adrian Dunn
Date: July 22, 2013
Docket Number: 11-3257
United States v. Adrian Dunn
Date: July 22, 2013
Docket Number: 11-3258
United States v. Adrian Dunn
Date: July 22, 2013
Docket Number: 11-3318
United States v. Justin Yankton
Date: July 22, 2013
Docket Number: 12-2109
Goromou v. Holder, Jr.  
Date: July 22, 2013
Docket Numbers: 12-2525, 12-3612

Justia Opinion Summary: Petitioner, a native and citizen of Guinea, petitioned for review of the BIA's denial of his claim for asylum based on the untimeliness of his application. The court concluded that the BIA did not commit legal error beca...

Kelly v. Omaha Housing Authority, et al.  
Date: July 22, 2013
Docket Number: 12-2671

Justia Opinion Summary: Plaintiff filed suit against the OHA after she was terminated. At issue on appeal was whether plaintiff's appeal must be dismissed for failure to order the necessary portions of a trial transcript. Plaintiff ordered the...

United States v. Clemons  
Date: July 22, 2013
Docket Number: 12-2818

Justia Opinion Summary: Defendant appealed his conviction of 65 counts of mail fraud for collecting proceeds from the milling of pine saw logs that he diverted from their intended mill. The court affirmed the judgment, concluding that the evide...

United States v. Dusty Oldson
Date: July 22, 2013
Docket Number: 12-3071
United States v. Lara-Ruiz  
Date: July 22, 2013
Docket Number: 12-3533

Justia Opinion Summary: A jury found defendant guilty of the crime of using a firearm during and in relation to a drug trafficking crime. The district court sentenced defendant to 300 months' imprisonment, to be served consecutively to a senten...

United States v. Joshua Rankin
Date: July 22, 2013
Docket Number: 12-3873
Sir Arthur Heim, etc. v. U.S. Attorney General
Date: July 22, 2013
Docket Number: 13-1279
Robert Bailey v. Scott Fisher
Date: July 22, 2013
Docket Number: 13-1471
Bennett, et al. v. Riceland Foods, Inc.  
Date: July 19, 2013
Docket Numbers: 12-1748, 12-1833

Justia Opinion Summary: Plaintiffs filed suit against their former employer alleging retaliatory termination after plaintiffs filed grievances against their supervisor. A jury found that the employer did retaliate against plaintiffs and awarded...

Randy Bennett v. Riceland Foods
Date: July 19, 2013
Docket Number: 12-1833
Glaze v. Andrews, et al.  
Date: July 19, 2013
Docket Number: 12-2022

Justia Opinion Summary: Plaintiff brought this action alleging that a correctional officer and a lieutenant at the jail in which plaintiff was detained violated plaintiff's constitutional rights by failing to protect him from being attacked by...

Isaacson v. Manty  
Date: July 19, 2013
Docket Number: 12-2384

Justia Opinion Summary: Plaintiff appealed the bankruptcy court's imposition of sanctions on her for making factually unsupported and harassing statements in documents filed with the court. The court concluded that Federal Rule of Bankruptcy Pr...

Walker v. Trinity Marine Products, et al.  
Date: July 19, 2013
Docket Number: 12-2468

Justia Opinion Summary: Plaintiff sued her former employer alleging violations of her rights under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq. The employer believed that plaintiff suffered from a serious health condition and pla...

Elsie M. Mayard v. Anthony Tallarico
Date: July 19, 2013
Docket Number: 12-3274
Myers v. Astrue  
Date: July 18, 2013
Docket Number: 12-1779

Justia Opinion Summary: Plaintiff appealed the denial of her application for Social Security disability benefits, disability insurance benefits, and supplemental security income. The court concluded that substantial evidence supported the ALJ's...

Chevallier v. Hand  
Date: July 18, 2013
Docket Number: 12-2983

Justia Opinion Summary: Plaintiff filed suit against defendant, the deputy sheriff that had arrested him, alleging excessive force and false arrest under the Fourth and Fourteenth Amendments and 42 U.S.C. 1983. The district court found that def...

United States v. Trista Espinoza
Date: July 18, 2013
Docket Number: 12-3058
United States v. Keys  
Date: July 18, 2013
Docket Number: 12-3259

Justia Opinion Summary: Defendant appealed his conviction by a jury of conspiracy to distribute 280 grams or more of crack cocaine. The court affirmed, concluding that the district court did not abuse its discretion in denying the request for a...

United States v. Rodney Hunt
Date: July 18, 2013
Docket Number: 12-3523
United States v. Brooks  
Date: July 18, 2013
Docket Number: 12-3588

Justia Opinion Summary: Defendant appealed his sentence stemming from his plea of guilty to conspiring to manufacture fifty grams or more of methamphetamine. The court affirmed the sentence, concluding that the district court did not clearly er...

United States v. Jermaine Arrington
Date: July 18, 2013
Docket Number: 12-3768
United States v. Gant  
Date: July 18, 2013
Docket Number: 12-3855

Justia Opinion Summary: Defendant appealed his sentence and conviction for three counts of arson. The court affirmed the conviction and sentence, concluding that the district court did not abuse its discretion by admitting the prior-acts eviden...

United States v. Trotter  
Date: July 17, 2013
Docket Number: 12-2622

Justia Opinion Summary: Defendant appealed his conviction for unlawful possession of a firearm as a previously convicted felon. The court affirmed, concluding that there was sufficient evidence to support the jury's finding that defendant was t...

United States v. Condon  
Date: July 17, 2013
Docket Number: 12-3491

Justia Opinion Summary: The government appealed the district court's exclusion into evidence of an audio recording of a telephone conversation between defendant, charged with sexual abuse of a minor, and his mother where defendant admitted his...

United States v. Gutknecht  
Date: July 17, 2013
Docket Number: 12-3573

Justia Opinion Summary: Defendant appealed his conviction for conspiring to manufacture and distribute 50 grams or more of actual methamphetamine, and possession of pseudoephedrine with intent to manufacture a controlled substance. The court af...

Kim Polonczyk v. Carolyn Colvin
Date: July 17, 2013
Docket Number: 13-1579