2013 Eighth Circuit US Court of Appeals Case Law
Opinions 1001 - 1166 of 1166
Date: February 25, 2013
Docket Number: 12-1083
Justia Opinion Summary: Plaintiffs, the legal guardians and conservators of their adult son, sued the City and an investigator with the police department, alleging deprivation of the son's constitutional and statutory rights. The district court…
Date: February 25, 2013
Docket Number: 12-2275
Justia Opinion Summary: Defendant was convicted of possessing with the intent to distribute at least five grams of cocaine base. On appeal, defendant challenged the district court's denial of his motion to reduce his sentence pursuant to 18…
Date: February 22, 2013
Docket Number: 11-3777
Justia Opinion Summary: Plaintiff brought a claim under 42 U.S.C. 1983 for, inter alia, excessive force against officers of the St. Paul, Minnesota Police Department. The district court granted summary judgment to Officers Storey and Sipes on…
Date: February 22, 2013
Docket Number: 12-1831
Justia Opinion Summary: Defendant was charged with aggravated abuse (Count I), aggravated sexual abuse (Count II), and sexual abuse (Count III). Defendant was found not guilty by a jury on Count I and guilty on Counts II and III. Defendant…
Date: February 22, 2013
Docket Number: 12-2290
Justia Opinion Summary: Defendant, convicted of drug offenses, appealed the district court's denial of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). On appeal, defendant claimed that the district court erred in making…
Date: February 21, 2013
Docket Number: 12-1592
Justia Opinion Summary: Defendant pleaded guilty to possession with intent to distribute a controlled substance. On appeal, defendant argued that the government breached the plea agreement and the plea agreement was ambiguous and should be…
Date: February 19, 2013
Docket Number: 12-1146
Justia Opinion Summary: Defendant pleaded guilty to making threatening interstate communications and mailing threatening communications. On appeal, defendant challenged her sentence of 180 months' imprisonment. The court concluded that the…
Date: February 19, 2013
Docket Number: 12-1933
Justia Opinion Summary: Plaintiffs sued the deputies of Woodbury County, Iowa, and the County under 42 U.S.C. 1983 and Iowa law. The deputies and the County subsequently appealed the district court's denial in part of their motion for summary…
Date: February 19, 2013
Docket Number: 12-2598
Justia Opinion Summary: Defendant was indicted for failure to register as a sex offender pursuant to 18 U.S.C. 2250(a). Defendant moved to dismiss the indictment on the ground that the Sex Offender Registration and Notification Act (SORNA), 42…
Date: February 14, 2013
Docket Numbers: 11-3611, 11-3741
Justia Opinion Summary: BancorpSouth (the bank) sued HLC and McKee (collectively, Hazelwood), alleging breach of contract against HLC, breach of guaranty against McKee, and asserting a security interest in some of HLC's property. Hazelwood…
Date: February 14, 2013
Docket Numbers: 11-3636, 11-3778
Justia Opinion Summary: Defendants Mariso Lopez-Soto and Douglas Hoffman appealed their convictions stemming from offenses related to a methamphetamine distribution enterprise. The court held that the evidence was sufficient for a reasonable…
Date: February 14, 2013
Docket Number: 12-1430
Justia Opinion Summary: Defendant was convicted of one count of conspiring to manufacture 50 grams or more of methamphetamine and seven counts of possessing pseudoephedrine with the intent to manufacture methamphetamine. On appeal, defendant…
Date: February 14, 2013
Docket Number: 12-1568
Justia Opinion Summary: Defendant appealed his conviction for conspiracy to possess with intent to distribute and distribute controlled substances. The court held that a reasonable jury could conclude that an overt act in furtherance of the…
Date: February 13, 2013
Docket Number: 11-2554
Justia Opinion Summary: Plaintiff, as trustee of the Plan, brought this action against Principal, alleging violations of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. At issue was whether the district court abused…
Date: February 13, 2013
Docket Numbers: 11-3768, 11-3773
Justia Opinion Summary: Plaintiffs, five retail grocers, each attempting to bring class-action antitrust claims against one of two wholesale grocers, appealed the district court's grant of defendants' motion to dismiss plaintiffs claims from…
Date: February 13, 2013
Docket Number: 12-1645
Justia Opinion Summary: Defendant appealed his conviction of conspiring to manufacture 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The court held that the district court properly denied…
Date: February 13, 2013
Docket Number: 12-1712
Justia Opinion Summary: Plaintiff sued her former employer, SatCom, alleging violations of the Minnesota Whistleblower Act (MWA), Minn. Stat. 181.932; Minnesota Human Rights Act (MHRA), Minn. Stat. 363A.01-.43; common law of wrongful…
Date: February 13, 2013
Docket Number: 12-2397
Justia Opinion Summary: Defendant pleaded guilty to conspiring to distribute less than 50 grams of marijuana, possessing a firearm in furtherance of a drug trafficking offense, and possessing a firearm following a conviction for domestic…
Date: February 12, 2013
Docket Number: 12-2299
Justia Opinion Summary: Defendant pled guilty to production of child pornography in violation of 18 U.S.C. 2251(a) and (e). On appeal, defendant argued that his prior state conviction for attempted use of a minor in a sexual performance did not…
Date: February 11, 2013
Docket Number: 11-3009
Justia Opinion Summary: APLC moved to unseal a complaint filed by IDT and Net2Phone in a civil suit against eBay, Skype, and Skype Technologies. APLC moved to intervene in the suit and urged the district court to unseal the complaint in the…
Date: February 11, 2013
Docket Number: 12-1211
Justia Opinion Summary: Plaintiff asserted wrongful termination claims against the WCRA, alleging disability discrimination and retaliation in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101-12213; the Minnesota Human…
Date: February 8, 2013
Docket Number: 11-3352
Justia Opinion Summary: Plaintiff, a retired military police officer, sued the city and its former police chief under 42 U.S.C. 1983. Plaintiff claimed that the police chief used excessive force when he, without identifying himself as a police…
Date: February 8, 2013
Docket Number: 11-3402
Justia Opinion Summary: Defendant was convicted for failing to account for and pay employment taxes. On defendant's first appeal, the court affirmed his conviction but vacated his sentence, remanding for resentencing. The court held that…
Date: February 8, 2013
Docket Number: 12-1839
Justia Opinion Summary: Defendant appealed from his conviction of one count of aggravated sexual abuse. The court held that the evidence presented at trial was sufficient to sustain his conviction; the district court did not abuse its…
Date: February 8, 2013
Docket Number: 12-2094
Justia Opinion Summary: Defendant pleaded guilty to one count of carjacking (Count I), one count of brandishing a firearm in furtherance of a crime of violence (Count II), and one count of being a felon in possession of a firearm (Count III).…
Date: February 6, 2013
Docket Number: 12-2047
Justia Opinion Summary: Defendant plead guilty to misuse of a social security number. On appeal, defendant alleged that the district court should have dismissed the indictment because her arrest and detention violated Federal Rule of Criminal…
Date: February 5, 2013
Docket Number: 11-3626
Justia Opinion Summary: Plaintiff brought suit against the University alleging that the University, as her former employer, violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12112, 12203, by refusing to accommodate her mental and…
Date: February 5, 2013
Docket Numbers: 12-1061, 12-1177
Justia Opinion Summary: A jury found in favor of plaintiff in his employment-discrimination suit under the Missouri Human Rights Act (MHRA), section 213.010 of the Missouri Revised Statutes, against Kaman. Both parties appealed. The court held…
Date: February 5, 2013
Docket Number: 12-1290
Justia Opinion Summary: Plaintiff, an employee of Cargill, sued under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., asserting FMLA entitlement and retaliation claims. The district court granted Cargill's motion for summary…
Date: February 5, 2013
Docket Number: 12-1975
Justia Opinion Summary: Plaintiff brought this action under 29 U.S.C. 1132(a)(1)(B) claiming that Hartford wrongfully terminated her long-term disability benefits under an employee welfare benefit plan governed by the Employee Retirement Income…
Date: February 5, 2013
Docket Number: 12-6060
Justia Opinion Summary: Debtor, an inmate serving a life sentence with no possibility of parole, appealed from a bankruptcy court's order denying his motion for contempt for violation of his discharge injunction. The $45.00 automatically…
Date: February 4, 2013
Docket Number: 12-1216
Justia Opinion Summary: A class of about 1,600 Minnesota delivery drivers employed by Domino's Pizza alleged that, under Minnesota law, a fixed delivery charge that customers paid Domino's was a gratuity wrongfully withheld from them. The court…
Date: February 4, 2013
Docket Number: 12-1663
Justia Opinion Summary: Defendant pled guilty to conspiracy to distribute and possession with intent to distribute marijuana. Defendant appealed the district court's denial of his motion to suppress the evidence obtained from a search of his…
Date: February 1, 2013
Docket Number: 11-2719
Justia Opinion Summary: American Family appealed the district court's order denying its motion for judgment as a matter of law or, in the alternative, for a new trial and awarding defendant attorney's fees pursuant to section 91A.8 of the Iowa…
Date: February 1, 2013
Docket Number: 12-2124
Justia Opinion Summary: Defendant pled guilty to one count of mail fraud and two counts of aggravated identity theft. Defendant used stolen identities to obtain housing and public assistance benefits. Before sentencing, he moved to withdraw his…
Date: January 31, 2013
Docket Number: 11-3369
Justia Opinion Summary: In this insurance coverage dispute, BSI brought suit against Hartford alleging breach of contract and vexatious refusal to pay claims under Missouri law. The district court granted Hartford's motion for summary judgment,…
Date: January 30, 2013
Docket Numbers: 12-1777, 12-1951
Justia Opinion Summary: Heubel and Raymond appealed the district court's grant of summary judgment in favor of Universal on Heubal's claim for coverage under a Universal insurance policy. The district court held that Heubel's breach of a…
Date: January 30, 2013
Docket Number: 12-1951
Date: January 30, 2013
Docket Number: 12-2437
Justia Opinion Summary: Defendant was convicted on two counts of aggravated sexual abuse of a child and two counts of abusive sexual contact. On appeal, defendant challenged his convictions and sentence. The court held that the district court…
Date: January 30, 2013
Docket Number: 12-6050
Justia Opinion Summary: Debtors appealed from a bankruptcy court order requiring them to convey to the bank real property. At issue was whether the bankruptcy court erred in its interpretation of the phrase "abandon the properties to Centennial…
Date: January 29, 2013
Docket Number: 11-3870
Justia Opinion Summary: Petitioner, a native and citizen of the Republic of Guinea, petitioned for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the…
Date: January 29, 2013
Docket Number: 12-1001
Justia Opinion Summary: In this interlocutory appeal, defendants appealed from the district court's grant of a preliminary injunction, which halted a mandatory drug-testing policy implemented by Linn State. In evaluating the probability of…
Date: January 29, 2013
Docket Number: 12-1516
Justia Opinion Summary: Plaintiff sued the former Mayor of the City of Russelville and the members of the Russellville City Council in federal district court, alleging age and race discrimination. Defendants subsequently filed an interlocutory…
Date: January 29, 2013
Docket Number: 12-2265
Justia Opinion Summary: Defendant pleaded guilty to possessing counterfeit currency and being a felon in possession of a firearm. On appeal, defendant challenged his sentence of 240 months' imprisonment. The court held that the district court…
Date: January 28, 2013
Docket Number: 12-1004
Justia Opinion Summary: Defendant pleaded guilty to one count of concealment from the SSA in violation of 42 U.S.C. 408(a)(4). On appeal, defendant challenged his sentence. The court held that the district court did not procedurally err in…
Date: January 28, 2013
Docket Numbers: 12-1273, 12-1620
Justia Opinion Summary: Defendants Chantharath and Guzman-Ortiz were convicted of conspiracy to distribute controlled substances. Both defendants challenged their convictions and sentences. The court held that the evidence was sufficient to…
Date: January 28, 2013
Docket Number: 12-2375
Justia Opinion Summary: Mortgagors filed suit in Minnesota state court against defendants, alleging numerous deficiencies in the assignment of their mortgages and in their foreclosures. In this appeal, plaintiffs asserted that the district…
Date: January 28, 2013
Docket Number: 12-2402
Justia Opinion Summary: Defendant pled guilty to conspiring to manufacture marijuana. On appeal, defendant challenged his sentence after the district court found him ineligible for the safety valve in 18 U.S.C. 3553(f). Because of defendant's…
Date: January 28, 2013
Docket Number: 12-2530
Justia Opinion Summary: Mortgagors appealed from the district court's dismissal of their claims against the FHLMC and other financial institutions, a law firm, and others. Mortgagors asserted twenty-one claims under Minnesota law related to…
Date: January 25, 2013
Docket Number: 11-1595
Justia Opinion Summary: Hostess provided an "employee welfare benefit plan" under the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1002(1). In this appeal, appellant challenged the order of the district court affirming the grant…
Date: January 23, 2013
Docket Number: 12-2659
Justia Opinion Summary: Petitioner, convicted of two drug offenses and sentenced to 300 months in prison, requested authorization to file a second 28 U.S.C. 2255 motion in light of Lafler v. Cooper and Missouri v. Frye. Petitioner claimed that…
Date: January 17, 2013
Docket Number: 11-2671
Justia Opinion Summary: Defendant was convicted of possession with intent to distribute five grams or more of methamphetamine and sentenced to 262 months' imprisonment. On appeal, defendant argued that the court erred in failing to instruct the…
Date: January 16, 2013
Docket Numbers: 11-3183, 11-3581
Justia Opinion Summary: Defendants appealed their convictions for conspiracy to distribute methamphetamine, following their joint jury trial. The court held that the district court did not abuse its discretion in limiting a suspect's…
Date: January 16, 2013
Docket Number: 11-3788
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute and possession with intent to distribute methamphetamine and Oxycodone, and aiding and abetting possession with intent to distribute methamphetamine. On appeal,…
Date: January 16, 2013
Docket Number: 12-1226
Justia Opinion Summary: Defendant was convicted of three federal narcotics crimes and subsequently appealed the district court's partial denial of his 18 U.S.C. 3582(c)(2) motion for a sentence modification. The district court refused to reduce…
Date: January 16, 2013
Docket Number: 12-1850
Justia Opinion Summary: Defendant pled guilty to possession of child pornography and subsequently appealed his sentence. Defendant had a prior conviction under a Nebraska statute, Neb. Rev. Stat. 28-320.01, for sexual assault of a child. The…
Date: January 15, 2013
Docket Number: 11-2855
Justia Opinion Summary: Hallmark sued its former employee, defendant, for a breach of the parties' separation agreement and won a jury verdict of $860,000 on its breach of contract claim. Defendant appealed, arguing that the district court…
Date: January 15, 2013
Docket Numbers: 11-2943, 11-3196
Justia Opinion Summary: Defendant was convicted of conspiring to commit bank robbery, committing bank robbery, and using a firearm during a crime of violence. On appeal, defendant challenged the sentence that the district court imposed after…
Date: January 15, 2013
Docket Numbers: 11-3336, 11-3461
Justia Opinion Summary: Because Creighton University failed to provide what plaintiff, who had a serious hearing impairment, considered necessary and reasonable accommodations, he brought this action under Title III of the Americans with…
Date: January 15, 2013
Docket Number: 11-3751
Justia Opinion Summary: Plaintiffs sued Wells Fargo for fraudulent misrepresentation and promissory estoppel after Wells Fargo initiated foreclosure when plaintiffs stopped paying on their mortgage loan. The court held that plaintiffs have not…
Date: January 15, 2013
Docket Number: 12-1339
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute and possess with intent to distribute crack cocaine. On appeal, defendant challenged his newly amended sentence. Applying United States v. Burrell, the court held that…
Date: January 15, 2013
Docket Number: 12-1627
Justia Opinion Summary: Defendant, through a plea agreement, pleaded guilty to conspiracy to distribute marijuana. On appeal, defendant challenged the reasonableness of his sentence. The court held that the district court did not procedurally…
Date: January 14, 2013
Docket Numbers: 11-3883, 11-3884
Justia Opinion Summary: After the National Indian Gaming Commission decided that a 1994 consent decree involving the City of Duluth and the Fond du Lac Band of Lake Superior Chippewa was incompatible with federal law, the Band moved for…
Date: January 14, 2013
Docket Number: 12-1672
Justia Opinion Summary: Plaintiff brought this action under 42 U.S.C. 1983, alleging that his constitutional rights were violated while he was detained at Faulkner County Detention Center (FCDC). The court held that, in the circumstances…
Date: January 11, 2013
Docket Number: 11-3511
Justia Opinion Summary: Defendant was convicted of sexual abuse of a minor, his wife's cousin, and abusive sexual contact with a minor, his biological daughter, in Indian country. Defendant appealed his convictions. The court held that there…
Date: January 11, 2013
Docket Number: 11-3523
Justia Opinion Summary: Appellant petitioned for protection under Chapter 7 of the Bankruptcy Code, listing a sales-commission agreement (SCA) as non-exempt personal property with an estimated value of $6 million. He did not claim that payments…
Date: January 11, 2013
Docket Number: 11-3755
Justia Opinion Summary: Plaintiff sued her former employer, the Third Judicial District, and its current and former directors under 42 U.S.C. 1983, claiming that the employer fired her in violation of the First Amendment. The district court…
Date: January 11, 2013
Docket Number: 12-1262
Justia Opinion Summary: Petitioner, a 68-year-old citizen of Ethiopia, petitioned for review of the BIA's affirmance of the IJ's denial of petitioner's application for asylum, withholding of removal, and relief under the Convention Against…
Date: January 10, 2013
Docket Number: 11-3696
Justia Opinion Summary: Petitioner, convicted of second-degree sexual abuse of his five-year-old daughter, petitioned for review of the district court's denial of his habeas corpus petition. At issue was whether petitioner received ineffective…
Date: January 10, 2013
Docket Number: 11-3711
Justia Opinion Summary: This appeal arose from a dispute between Unum and the late Kevin Sullivan over long-term disability benefit payments. Sullivan sued Unum, arguing that the termination of his benefits violated the Employee Retirement…
Date: January 10, 2013
Docket Number: 11-3754
Justia Opinion Summary: Defendant was convicted of conspiracy to commit bribery of an Indian tribal official, and aiding and abetting a bribery involving an agent of an Indian tribal government. Defendant raised evidentiary challenges on…
Date: January 10, 2013
Docket Number: 12-1148
Justia Opinion Summary: Oakdale and Cincinnati disputed whether the commercial property insurance policy Oakdale purchased from Cincinnati covered a loss suffered by Oakdale in August 2009. The court affirmed the district court's grant of…
Date: January 10, 2013
Docket Number: 12-2329
Justia Opinion Summary: Plaintiff appealed the denial of his disability benefits. The court held that the ALJ's failure to complete the psychiatric review technique (PRT) was not harmless where the ALJ specifically found that plaintiff had the…
Date: January 9, 2013
Docket Numbers: 11-3485, 11-3513
Justia Opinion Summary: Defendants were convicted of one count of possessing a firearm to further drug trafficking and three counts of murder from possessing a firearm to further drug trafficking. Both defendants appealed. The court held that…
Date: January 8, 2013
Docket Number: 11-2618
Justia Opinion Summary: Defendant pleaded guilty to conspiring to manufacture, distribute, and possess with intent to distribute, methamphetamine and marijuana. Defendant subsequently appealed his 240-month sentence, arguing that the district…
Date: January 8, 2013
Docket Number: 12-1362
Justia Opinion Summary: Defendant pled guilty to two counts of sexual exploitation of a minor and two counts of receipt of child pornography, conditioned on his right to appeal the denial of his motion to suppress. The court affirmed the denial…
Date: January 8, 2013
Docket Number: 12-1524
Justia Opinion Summary: Defendant pleaded guilty to wire fraud and income tax evasion after he admitted to conducting an eight-year scheme to defraud many persons by inducing them to invest more than $20 million in various schemes. On appeal,…
Date: January 8, 2013
Docket Number: 12-1774
Justia Opinion Summary: Defendant appealed his sentence following a guilty plea to one count of wire fraud. The court held that the district court did not err in applying the use-of-sophisticated-means enhancement pursuant to U.S.S.G.…
Date: January 7, 2013
Docket Numbers: 12-1006, 12-1100
Justia Opinion Summary: Defendants were convicted of attempted sex trafficking of a minor, in violation of the Trafficking Victim Protection Act of 2000 (TVPA), 18 U.S.C. 1591 and 1594(a). The district court subsequently granted each…
Date: January 7, 2013
Docket Number: 12-1236
Justia Opinion Summary: Defendant was convicted of attempted aggravated sexual abuse and sentenced to life imprisonment. On appeal, defendant challenged his conviction. The court held that there was sufficient evidence to support defendant's…
Date: January 7, 2013
Docket Number: 12-1719
Justia Opinion Summary: Bristol Care appealed the denial of its motion to compel arbitration in a suit initiated by its former employee asserting claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and seeking class action…
Date: January 7, 2013
Docket Numbers: 12-1731, 12-1826
Justia Opinion Summary: General Mills sued Five Star for breach of contract and breach of warranties after the meatballs General Mills purchased from Five Star contained beef that was recalled. The district court granted summary judgment to…
Date: January 7, 2013
Docket Number: 12-1826
Date: January 7, 2013
Docket Number: 12-2043
Justia Opinion Summary: A railroad employee sued his employer, DM&E, after he was injured while working as the employee-in-charge of a construction site. DM&E then brought a third-party complaint against Corman, contending that Corman was…
Date: January 2, 2013
Docket Number: 12-1897
Justia Opinion Summary: Plaintiff, a former software developer for Lockheed Martin Corporation, brought this action for judicial review after Connecticut General terminated his disability benefits in 2007. The court held that the district court…
Date: January 2, 2013
Docket Number: 12-2041
Justia Opinion Summary: Plaintiff appealed the district court's decision affirming the Commissioner's denial of social security benefits. The court rejected plaintiff's contention to the extent that she alleged the ALJ failed to develop the…
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