2014 Eighth Circuit U.S. Court of Appeals Case Law

Opinions 1 - 500 of 1254

United States v. Gerald Medrano-Rodriguez
Date: December 31, 2014
Docket Number: 14-1883
Ries Enterprises, Inc. v. CIR
Date: December 31, 2014
Docket Number: 14-2094
United States v. Melissa Williams
Date: December 31, 2014
Docket Number: 14-2566
Juan Guadalupe-Saenz v. C.V. Rivera
Date: December 31, 2014
Docket Number: 14-2723
Johnson v. United of Omaha Life Ins. Co.  
Date: December 30, 2014
Docket Number: 13-2645

Justia Opinion Summary: From 1995-2009, Johnson worked for CRE. In the last three years, Johnson worked from home, 8 hours a day at a computer. Johnson was covered under CRE’s United disability insurance policy. In 1999, Johnson was diagnosed w...

Comstock v. UPS Ground Freight, Inc.  
Date: December 30, 2014
Docket Number: 13-2773

Justia Opinion Summary: Howard allegedly rear-ended Gumby's vehicle, Gumby sued Howard and his employer, UPS. Contending that Gumby’s health might have contributed to the accident, UPS requested information including medical records and the ide...

Colbert v. Chapman  
Date: December 30, 2014
Docket Number: 13-3037

Justia Opinion Summary: Colbert alleges that in traffic court deputy Chapman beckoned him to a group of officers and loudly said, “Don’t be eyeballing my officers”; when Colbert said he was not, an officer grabbed Colbert and said “shut up”; wh...

Sparkman Learning Ctr. v. Ark. Dep't. Human Servs.  
Date: December 30, 2014
Docket Number: 13-3080

Justia Opinion Summary: The Arkansas DHS regulates child care facility licensing and administers the USDA Child Care Food Program. Sparkman day care facility provided disability services funded by DHS and participated in the Program through DHS...

United States v. Daniels  
Date: December 30, 2014
Docket Number: 13-3481

Justia Opinion Summary: A.C. saw people outside her apartment building, including Daniels and Hudson. A.C. left. Returning, she learned that there had been an altercation. As a neighbor was explaining, Daniels and Hudson approached, angrily dem...

Streambend Properties III, LLC v. Sexton Lofts, LLC
Date: December 30, 2014
Docket Number: 14-1450
Chad Lensing v. Carolyn W. Colvin
Date: December 30, 2014
Docket Number: 14-1629
United States v. Lashaun Perry
Date: December 30, 2014
Docket Number: 14-1733
Isabel Torres v. Carolyn Colvin
Date: December 30, 2014
Docket Number: 14-1971
Peter Rickmyer v. Michael (Kip) Browne
Date: December 30, 2014
Docket Number: 14-2012
Peter Rickmyer v. Michael (Kip) Browne
Date: December 30, 2014
Docket Number: 14-2013
United States v. Lorenzo-Lucas  
Date: December 30, 2014
Docket Number: 14-2758

Justia Opinion Summary: Lucas was arrested on suspicion that he had reentered the U.S. illegally. As part of the investigation, the arresting officer requested Lucas’s alien file (A-file) which contained a signed warrant of deportation. A sign...

Brake v. Hutchinson Tech., Inc.,  
Date: December 29, 2014
Docket Number: 13-3421

Justia Opinion Summary: In 1988, Brake began working at Hutchinson. She was diagnosed with multiple sclerosis (MS) in 2000, but continued to work. Brake purchased disability insurance through Hutchinson’s plan in 1988. Hutchinson, as the plan...

United States v. Bailey  
Date: December 29, 2014
Docket Number: 13-3576

Justia Opinion Summary: Bailey was convicted of federal prostitution charges in 2004. Minneapolis police officers took trial exhibits to a locked police storage facility, including $2,036 in cash, a wallet, and a cell phone. Years later Bailey...

United States v. Clifford Pilcher
Date: December 29, 2014
Docket Number: 14-1826
United States v. Thomas  
Date: December 29, 2014
Docket Number: 14-3801

Justia Opinion Summary: In 2011, Thomas pleaded guilty to conspiring to distribute cocaine base (crack cocaine). The district court determined that he was a career offender, resulting in an advisory guidelines range of 188-235 months in prison,...

Traditionalist Am. Knights of the Ku Klux Klan v. City of Desloge  
Date: December 24, 2014
Docket Number: 13-3368

Justia Opinion Summary: Desloge has a population of 5,054; 97.4% are white. The Ku Klux Klan regularly distributes leaflets on streets and sidewalks, wearing robes and hoods. Imperial Wizard Ancona contacted city officials about plans to distri...

United States v. Mensur Malik
Date: December 24, 2014
Docket Number: 14-1613
Starion Fin. v. McCormick  
Date: December 24, 2014
Docket Number: 14-6008

Justia Opinion Summary: Debtors and Starion entered into loan transactions. The promissory notes and mortgages provided that the Debtors were liable for Starion’s attorney fees and costs of collections. The Debtors also executed personal guaran...

DeCoteau v. Schweitzer  
Date: December 23, 2014
Docket Number: 13-3245

Justia Opinion Summary: DeCoteau was convicted of gross sexual imposition in 1996. His 2012 habeas petition had six claims. The district court dismissed, finding four claims time-barred, one procedurally barred, and the other without merit, but...

DRB #24, LLC v. City of Minneapolis  
Date: December 23, 2014
Docket Number: 13-3385

Justia Opinion Summary: Minneapolis imposes an annual vacant building registration fee on owners of vacant buildings “to recover all costs incurred by the city for monitoring and regulating vacant buildings, including nuisance abatement, enforc...

Suzanne Clark v. Marlene Callahan
Date: December 22, 2014
Docket Number: 13-1563
United States v. Battle  
Date: December 22, 2014
Docket Number: 13-3134

Justia Opinion Summary: Iowa officers saw men getting into a parked vehicle. Its license plate was not properly lit. They initiated a traffic stop. In the vehicle were the driver, Marshall; the front seat passenger, Battle; and a back right pas...

Equal Emp't Opportunity Comm'n v. CRST Van Expedited, Inc.  
Date: December 22, 2014
Docket Number: 13-3159

Justia Opinion Summary: EEOC sued CRST in its own name, under Title VII, 42 U.S.C. 2000e, alleging that CRST subjected Starke and 270 similarly situated female employees to a hostile work environment, in its Driver Training Program. For two yea...

Bernard v. Colvin  
Date: December 22, 2014
Docket Number: 13-3357

Justia Opinion Summary: Todd, born in 1963, was a high school graduate, and worked primarily as a laborer, often for temporary services. Todd’s last employment before seeking disability benefits ended in April 2007 because the temporary job was...

Hopkins v. City of Bloomington  
Date: December 22, 2014
Docket Number: 13-3378

Justia Opinion Summary: After Hopkins was arrested for driving while impaired for the third time in 10 years, officers impounded her vehicle under Minnesota Statute 169A.631(e)(1), She received a notice of seizure and intent to forfeit her vehi...

United States v. Yellow Horse  
Date: December 22, 2014
Docket Number: 14-1139

Justia Opinion Summary: Yellow Horse was convicted of conspiracy to distribute less than 50 kilograms of marijuana, 21 U.S.C. 841(a)(1), 841(b)(1)(D), and 846. At sentencing, the district court determined Yellow Horse could have reasonably fore...

Partlow v. Stadler  
Date: December 22, 2014
Docket Number: 14-1281

Justia Opinion Summary: Riding home from a bar, Partlow talked about suicide. When they reached his apartment, Partlow jumped out of the running car, ran into his apartment, and locked the door. His aunt (Lisa) called 911. Officer Mann arrived...

Oscar Gonzalez-Acevedo v. Eric H. Holder, Jr.
Date: December 22, 2014
Docket Number: 14-1719
United States v. Antonio Speed
Date: December 22, 2014
Docket Number: 14-1841
United States v. Dennis Myers
Date: December 22, 2014
Docket Number: 14-2243
United States v. Kingsley Onumbu
Date: December 22, 2014
Docket Number: 14-2567
United States v. Montes King
Date: December 22, 2014
Docket Number: 14-2705
United States v. Floyd Ezell
Date: December 22, 2014
Docket Number: 14-3233
Plymouth County, Iowa v. Merscorp, Inc.
Date: December 19, 2014
Docket Number: 13-2334
Ramsey Cnty. v. MERSCORP Holdings, Inc.  
Date: December 19, 2014
Docket Numbers: 13-3026, 13-2334

Justia Opinion Summary: The Mortgage Electronic Registration System (MERS) is a national electronic registry that does not originate, assign, or service mortgages, but charges a fee when members record or transfer a mortgage on the registry. In...

Paulino v. Chartis Claims, Inc.  
Date: December 19, 2014
Docket Number: 13-3732

Justia Opinion Summary: Paulino suffered a spinal-cord injury in a work-related accident that left him permanently paraplegic. Employer's workers’ compensation insurer was Chartis. After medical treatment and intensive rehabilitation, Paulino m...

United States v. Booker  
Date: December 19, 2014
Docket Number: 14-1336

Justia Opinion Summary: Booker led Minneapolis police on a high-speed chase after an attempted traffic stop. When the car stopped, police found a loaded handgun under the brake pedal. Booker had been driving; the car’s owner, Mack, was in the b...

Smith v. Parker  
Date: December 19, 2014
Docket Number: 14-1642

Justia Opinion Summary: In 2006, the Secretary of the Interior approved amendments to Title 8 of the Omaha Tribal Code, which modified the tribe's Beverage Control Ordinance and allowed the tribal government to impose a 10 percent sales tax on...

United States v. Elizandro Hernandez-Gonzalez
Date: December 19, 2014
Docket Number: 14-2252
United States v. Nicholas Appleby
Date: December 19, 2014
Docket Number: 14-2478
Ibson v. United Healthcare Servs., Inc.  
Date: December 18, 2014
Docket Number: 13-3153

Justia Opinion Summary: Ibson and her family were insured by UHS through a policy available to her to as a member of her law firm. Due to an error, UHS began informing Ibson’s medical providers that Ibson and her family no longer had insurance...

United States v. Norwood  
Date: December 18, 2014
Docket Number: 13-3544

Justia Opinion Summary: Banks noticed that computer-generated counterfeit checks were being cashed from the accounts of Kansas businesses that had reported mail theft. The scheme spread to Missouri. Norwood traveled with Eggleston, to recruit h...

United States v. Markert  
Date: December 18, 2014
Docket Number: 14-1029

Justia Opinion Summary: Markert, President of Pinehurst Bank, approved nominee loans to friends and family of bank customer Wintz. The loan proceeds were used to cover Wintz’s $1.9 million overdraft at the Bank. A jury convicted Markert of will...

Townsend v. Bayer HealthCare Pharm. Inc.  
Date: December 17, 2014
Docket Number: 13-1468

Justia Opinion Summary: Townsend worked as an Arkansas pharmaceutical sales representative for Bayer, selling Mirena, a contraceptive device. Townsend visited physicians, including Dr. Shrum. Townsend learned Shrum was importing from Canada a v...

Spencer v. Haynes  
Date: December 17, 2014
Docket Number: 13-3460

Justia Opinion Summary: While an inmate in Federal Correctional Institution - Forrest City, Spencer was assigned a cell for a medical assessment. Correctional Officer t Sheldon entered the cell to assist staff with checking Spencer's restraints...

Tylitha Davis v. Carolyn Colvin
Date: December 17, 2014
Docket Number: 14-1351
United States v. Garcia  
Date: December 17, 2014
Docket Number: 14-1530

Justia Opinion Summary: Garcia and six co-defendants were charged with conspiracy to distribute 500 grams or more of a mixture containing methamphetamine, 21 U.S.C. 841(a), 846. Garcia pled guilty without a plea agreement. The district court co...

Christopher Deaton v. Arkansas Dept. of Correction
Date: December 17, 2014
Docket Number: 14-1916
Schriener v. Quicken Loans, Inc.  
Date: December 16, 2014
Docket Number: 13-1367

Justia Opinion Summary: In 2011, Schriener obtained a residential mortgage from Quicken Loans that was secured by a deed of trust. Quicken Loans acquired the deed of trust that the parties used from Wolters Kluwer Financial Services, Inc. for a...

Reeves v. King  
Date: December 16, 2014
Docket Number: 13-3416

Justia Opinion Summary: Reeves, an inmate housed in the isolation unit at Ouachita River Unit in Malvern, provided information to correctional officers about a prison nurse who was bringing contraband into the facility. While Lieutenant King an...

United States v. Kelley  
Date: December 16, 2014
Docket Number: 14-1249

Justia Opinion Summary: A grand jury indicted Kelley on two counts of arson. Before trial, Kelley moved to have his court appointed attorney replaced. The magistrate judge denied Kelley’s motion. On the morning Kelley’s trial was to begin, Kell...

William Raymundo-Rodriguez v. Eric H. Holder, Jr.
Date: December 16, 2014
Docket Number: 14-1901
James Widtfeldt v. James Daugherty
Date: December 16, 2014
Docket Number: 14-1907
United States v. Kelly Randall
Date: December 16, 2014
Docket Number: 14-2299
United States v. Emmanuel William Nyuon
Date: December 15, 2014
Docket Number: 13-2610
United States v. Sellner  
Date: December 15, 2014
Docket Number: 13-3794

Justia Opinion Summary: Sellner pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine, 21 U.S.C. 846. Judgment was entered on March 8, 2013. Her attorney did not file notice of appeal. In July 2013, Se...

Cole v. Trinity Health Corp.  
Date: December 15, 2014
Docket Number: 14-1408

Justia Opinion Summary: Bonnie, a Trinity Health employee, enrolled her family in a Blue Cross group health plan. Trinity served as plan administrator. Bonnie took FMLA leave and then short-term disability leave, which expired June 8, 2011. Bon...

United States v. Luis Vallejo
Date: December 15, 2014
Docket Number: 14-2157
Adam Welsch v. State Fair Community College
Date: December 15, 2014
Docket Number: 14-2171
Brian Thornton v. UPS
Date: December 12, 2014
Docket Number: 14-1451
United States v. Gary Penn
Date: December 12, 2014
Docket Number: 14-2795
Aaron Sari v. Wells Fargo Bank, N.A.
Date: December 11, 2014
Docket Number: 13-2974
Courtney DeSirey v. Sandals Resorts International
Date: December 11, 2014
Docket Number: 14-1672
United States v. Stong  
Date: December 10, 2014
Docket Number: 14-1337

Justia Opinion Summary: Four boys, ages 10 to 12, visited and occasionally stayed at Stong’s apartment. Officers executed a search warrant, seized computers and a camera memory card from Stong’s living room, and found pornographic images and vi...

Robert Johnson v. Ray Hobbs
Date: December 9, 2014
Docket Number: 14-1641
Kallys Albert, Sr. v. Orion Associates
Date: December 9, 2014
Docket Number: 14-1968
Patrick A. Lee v. Cleve Her Many Horses
Date: December 9, 2014
Docket Number: 14-2027
Goodwin v. Steele  
Date: December 9, 2014
Docket Numbers: 14-3739, 14-3743

Justia Opinion Summary: Goodwin, scheduled to be executed on December 10, 2014 based on his conviction for first-degree murder, sought a certificate of appealability with respect to his Eighth Amendment claim of intellectual disability or, in t...

Paul Goodwin v. Troy Steele
Date: December 9, 2014
Docket Number: 14-3739
Paul Goodwin v. Troy Steele
Date: December 9, 2014
Docket Number: 14-3743
Paul Goodwin v. Troy Steele
Date: December 9, 2014
Docket Number: 14-3743
Paul Goodwin v. Troy Steele
Date: December 9, 2014
Docket Number: 14-3764
Williams v. Walters  
Date: December 8, 2014
Docket Number: 13-3497

Justia Opinion Summary: Williams was an Alexander police officer under chief Walters. There was animosity between them, stemming from Williams’s support of the mayor. Walters stated that he had Williams “in his cross hairs” and relieved Walters...

United States v. Tarnell Beverly
Date: December 8, 2014
Docket Number: 14-1746
Jon Reed Tollefson v. Debbie Kleven
Date: December 8, 2014
Docket Number: 14-2539
Dave Taft, Jr. v. Charles Palmer
Date: December 5, 2014
Docket Number: 13-2580
Musolf v. J.C. Penney Co., Inc.  
Date: December 5, 2014
Docket Number: 13-3407

Justia Opinion Summary: Musolf was a J.C. Penney loss prevention specialist. Store manager Child had concerns Musolf did not display respect for her team. Child conducted sessions with Musolf to improve teamwork. In 2010, Musolf alleged sexual...

Roger Waldner v. North American Truck & Trailer
Date: December 5, 2014
Docket Number: 13-3490
United States v. Rodriguez-Ayala  
Date: December 5, 2014
Docket Number: 13-3787

Justia Opinion Summary: Rodriguez is a citizen of Mexico. He obtained an Iowa identification card using the name Ramon Rodriguez (the name of his brother, also a Mexican citizen) and presented: a Missouri identification card, a social security...

Misael Hernandez v. Eric H. Holder, Jr.
Date: December 5, 2014
Docket Number: 14-1933
United States v. Gregory Mitchell
Date: December 5, 2014
Docket Number: 14-2115
United States v. Keyessence Fountain
Date: December 5, 2014
Docket Number: 14-2176
United States v. Abraham Sanchez-Angeles
Date: December 5, 2014
Docket Number: 14-2281
United States v. Abraham Sanchez-Angeles
Date: December 5, 2014
Docket Number: 14-2300
Sanders v. Page  
Date: December 4, 2014
Docket Number: 13-3237

Justia Opinion Summary: Sanders assisted another inmate by writing a letter to officials outside the Arkansas Department of Correction, asserting that Officer Page accepted a pair of ostrich-skin shoes made by the inmate. Sanders claimed that P...

Paulson v. Newton Corr. Facility  
Date: December 4, 2014
Docket Number: 13-3406

Justia Opinion Summary: An Iowa jury convicted Paulson of sexually abusing his five-year-old daughter, M. Paulson’s defense argued that there was no direct, credible evidence. A clinical psychologist testified that the method of questioning M....

Corey Sanders v. Joe Page, III
Date: December 4, 2014
Docket Number: 13-3485
United States v. Chad Two Hearts
Date: December 4, 2014
Docket Number: 13-3770
United States v. Johnson  
Date: December 4, 2014
Docket Number: 14-1048

Justia Opinion Summary: Johnson pleaded guilty to possession and attempted possession of child pornography, 18 U.S.C. 2252A(a)(5)(B) and (b)(2) and was sentenced to 97 months’ imprisonment followed by 15 years of supervised release. The court r...

McIvor v. Credit Control Servs, Inc.  
Date: December 4, 2014
Docket Number: 14-1164

Justia Opinion Summary: McIvor claims that she used TransUnion's online system to dispute a $242 debt alleged against her by Credit Control. She reported, "Creditor agreed to remove this account from my file. This account is settled." TransUnio...

United States v. Brown  
Date: December 4, 2014
Docket Number: 14-1252

Justia Opinion Summary: Brown pled guilty to distributing about six grams of crack cocaine, 21 U.S.C. 841(a)(1) and 841(b)(1)(C). The district court calculated a guideline range of 151 to 188 months based on Brown's offense level of 29 and crim...

Noel v. AT&T Corp.  
Date: December 4, 2014
Docket Number: 14-1401

Justia Opinion Summary: In 2006, Noel accepted a new position at SBC that involved frequent travel, which aggravated his diabetes. Two years later, Noel was hospitalized after collapsing at an airport, and the next year, SBC gave him a temporar...

Donna Henry v. Carolyn W. Colvin
Date: December 4, 2014
Docket Number: 14-1640
United States v. Mohr  
Date: December 4, 2014
Docket Number: 14-1675

Justia Opinion Summary: Officers interviewed Mohr about his contact with a minor. Based on his statements and other evidence, Mohr was indicted for sexual exploitation of a child, 18 U.S.C. 2251(a), 2260A, and attempt to entice a minor to engag...

United States v. Scharber  
Date: December 4, 2014
Docket Number: 14-2007

Justia Opinion Summary: In 2011 a series of suspicious fires in Babbitt, Minnesota and the Superior National Forest were started with complex combustible flares or with simple pocket lighters. An investigation eventually identified Scharber, th...

Chima Iheke v. Anthony Haynes
Date: December 4, 2014
Docket Number: 14-2223
Brinkley v. Pliva, Inc.  
Date: December 2, 2014
Docket Number: 13-3663

Justia Opinion Summary: Plaintiff filed suit against Pliva, manufacturer of the prescription medication metoclopramide, alleging that the medication caused her to develop tardive dyskinesia. On appeal, plaintiff appealed the district court's di...

Rickard v. Swedish Match North America  
Date: December 2, 2014
Docket Number: 13-3729

Justia Opinion Summary: Plaintiff filed suit under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. 621 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., against his employer after he retired. Th...

Tony Eaton v. WCA Waste Corporation
Date: December 2, 2014
Docket Number: 14-1328
United States v. Coppage  
Date: December 2, 2014
Docket Number: 14-1357

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm. Defendant objected to the inclusion of five convictions from municipal court in his presentencing report on the basis tha...

Rose v. Flairty  
Date: December 1, 2014
Docket Number: 13-3299

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that his probation officer violated his First Amendment rights by requiring him to satisfy the terms of a court probation order directing him to complete a privately ru...

United States v. Allison  
Date: December 1, 2014
Docket Number: 14-1540

Justia Opinion Summary: Defendant pled guilty to mail fraud and defendant appealed the district court's restitution order. Defendant had defrauded his employer of hundreds of thousands of dollars and the company terminated his employment, cance...

Skalsky v. Indep. Sch. Dist. No. 743  
Date: November 28, 2014
Docket Number: 13-3605

Justia Opinion Summary: Plaintiff, a custodian for the school district, filed suit under 42 U.S.C. 1983 and state law against the district after plaintiff's wife spoke at a public school board meeting. Plaintiff's wife was speaking as a member...

Lott, Jr. v. Colvin  
Date: November 28, 2014
Docket Number: 14-1503

Justia Opinion Summary: Plaintiff appealed the denial of his application for social security disability insurance (SSDI). Plaintiff alleged that the ALJ erred by failing to order an intelligence quotient (IQ) test, evaluating plaintiff's intell...

Jay Driesen v. Michael Smith
Date: November 28, 2014
Docket Number: 14-1890
United States v. Chartier  
Date: November 26, 2014
Docket Number: 14-1421

Justia Opinion Summary: Defendant appealed the district court's denial of his motion to suppress evidence after pleading guilty to possession of pseudoephedrine knowing or having reasonable cause to believe that it would be used to manufacture...

Stephen Curtiss v. Mary Benson
Date: November 26, 2014
Docket Number: 14-1562
Addones Spencer v. Tara Hall
Date: November 26, 2014
Docket Number: 14-2694
GE Capital Commercial, Inc. v. Sylva Corp., Inc.  
Date: November 26, 2014
Docket Number: 14-6016

Justia Opinion Summary: GE Capital appealed the bankruptcy court's denial of its motion for allowance of an administrative expense claim for unpaid lease obligations against debtor. The court concluded that the written record supports GE Capita...

United States v. Adejumo  
Date: November 25, 2014
Docket Numbers: 12-2986, 12-3010

Justia Opinion Summary: Defendants Adejumo, Okeayainneh, and Adeniran were convicted of various charges related to their involvement in a scheme using stolen identity information to create counterfeit identifications for use in committing bank...

United States v. Adetokunbo Adejumo
Date: November 25, 2014
Docket Number: 12-3009
United States v. Adetokunbo Adejumo
Date: November 25, 2014
Docket Number: 12-3010
United States v. Garcia  
Date: November 25, 2014
Docket Number: 14-1183

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to conspiracy to distribute methamphetamine. The court concluded that the district court did not err in applying a two-level enhancement for possession of a firearm u...

Olando Thomas v. James Banks
Date: November 25, 2014
Docket Number: 14-1624
Brooks v. United States  
Date: November 24, 2014
Docket Number: 13-3640

Justia Opinion Summary: Petitioner entered an Alford plea to two counts of drug conspiracy and possession. On appeal, petitioner challenged the district court's denial of his 28 U.S.C. 2255 petition on the grounds of ineffective assistance of c...

Laganiere v. The County of Olmsted  
Date: November 24, 2014
Docket Number: 14-1088

Justia Opinion Summary: Plaintiff, the trustee of Cody Laganiere's estate, filed suit against ADC and others under 42 U.S.C. 1983 after Cody was found dead in his cell from a methadone overdose. Plaintiff alleged that defendants deliberately di...

United States v. Maid  
Date: November 24, 2014
Docket Number: 14-1546

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to possession of a firearm as a felon. The court concluded that the district court did not err in calculating defendant's advisory sentencing guidelines range where h...

United States v. Ruben Castro
Date: November 24, 2014
Docket Number: 14-1553
United States v. Edward Jones
Date: November 24, 2014
Docket Number: 14-2087
Bugg v. Gray  
Date: November 24, 2014
Docket Number: 14-6027

Justia Opinion Summary: When debtor filed for bankruptcy, he was living in rental property owned by creditors. Creditors violated an automatic stay and evicted debtor. On appeal, creditors challenged the bankruptcy court's finding that they had...

United States v. Iyarpeya  
Date: November 20, 2014
Docket Number: 14-1215

Justia Opinion Summary: Defendant appealed the district court's above-Guidelines sentence after he admitted to violating his supervised release. The court rejected defendant's contention that the district court should have followed Federal Rule...

United States v. Larry Big Boy
Date: November 20, 2014
Docket Number: 14-1295
Vernon Johnson v. SSM Healthcare System
Date: November 20, 2014
Docket Number: 14-1397
United States v. Wheelock  
Date: November 20, 2014
Docket Number: 14-1504

Justia Opinion Summary: Defendant pleaded guilty to child pornography and was sentenced as a repeat offender to a mandatory minimum of fifteen years imprisonment. The court rejected defendant's challenge to the district court's denial of his mo...

United States v. Aleff  
Date: November 20, 2014
Docket Number: 14-1527

Justia Opinion Summary: Defendants pled guilty to conspiracy to defraud the United States by submitting false applications for loan-deficiency payments and were ordered to pay restitution. The United States then filed suit against defendants un...

United States v. Aaron Blaylock
Date: November 20, 2014
Docket Number: 14-1565
United States v. Gonzalo Ponce-Hurtado
Date: November 20, 2014
Docket Number: 14-1766
United States v. Ryan Willis
Date: November 20, 2014
Docket Number: 14-1964
United States v. Willie Stephenson, Jr.
Date: November 20, 2014
Docket Number: 14-2010
Kenneth Wivell v. Wells Fargo Bank, N.A.
Date: November 19, 2014
Docket Number: 13-2763
Patricia Barnes v. Carolyn W. Colvin
Date: November 19, 2014
Docket Number: 13-3103
United States v. Langston  
Date: November 19, 2014
Docket Number: 14-1073

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to illegally possessing a firearm. The district court sentenced defendant to 180 months in prison, the mandatory minimum under the Armed Career Criminal Act (ACCA), 1...

United States v. Demarko Williams
Date: November 19, 2014
Docket Number: 14-1162
United States v. Christopher Gant
Date: November 19, 2014
Docket Number: 14-1189
Cline v. Colvin  
Date: November 19, 2014
Docket Number: 14-1260

Justia Opinion Summary: Plaintiff appealed the denial of her application for supplemental security income (SSI) where she alleged that she was disabled due to back pain, scoliosis, and other conditions. The court concluded that the Commissioner...

United States v. Troy Travis
Date: November 19, 2014
Docket Number: 14-1318
United States v. Davin Griffin
Date: November 19, 2014
Docket Number: 14-1844
United States v. Jose Martinez-Rodriguez
Date: November 19, 2014
Docket Number: 14-1847
United States v. Robert Buss
Date: November 19, 2014
Docket Number: 14-1913
United States v. Caleb Nelson
Date: November 19, 2014
Docket Number: 14-1937
United States v. Mario Pineda-Zetino
Date: November 19, 2014
Docket Number: 14-1945
United States v. Michael Bush
Date: November 19, 2014
Docket Number: 14-2212
Crews v. Monarch Fire Protection Dist.  
Date: November 18, 2014
Docket Number: 13-3070

Justia Opinion Summary: Plaintiffs, three ex-fire chiefs, appealed the adverse grant of summary judgment on their procedural due process claims challenging their terminations. The court concluded that plaintiffs, at-will employees pursuant to M...

Moody v. Vozel  
Date: November 18, 2014
Docket Number: 13-3772

Justia Opinion Summary: Plaintiff, a Caucasian male, filed suit after being terminated from the AHTD, alleging race and gender discrimination and violations of various statutory and constitutional rights. Because plaintiff has not provided anal...

United States v. Roseshell Hamilton
Date: November 18, 2014
Docket Number: 14-1482
United States v. Ray  
Date: November 18, 2014
Docket Number: 14-1711

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to possessing with intent to distribute at least five grams of methamphetamine and possessing a firearm in furtherance of this drug trafficking crime. The court concl...

United States v. Robert Jackson
Date: November 18, 2014
Docket Number: 14-1876
United States v. Jerry Jimenez
Date: November 18, 2014
Docket Number: 14-1939
United States v. Richard Horton
Date: November 18, 2014
Docket Number: 14-2222
United States v. Thomas Jensen
Date: November 17, 2014
Docket Number: 13-3651
United States v. Thomas Jensen
Date: November 17, 2014
Docket Number: 13-3652
United States v. Luedtke  
Date: November 17, 2014
Docket Numbers: 13-3738, 13-3798, 14-1031

Justia Opinion Summary: Defendants, three federal inmates, pled guilty to assaulting "persons assisting federal officers" under 18 U.S.C. 111 after they assaulted two state correctional officers at the county jail, a facility which has a contra...

Cesar Gustavo Aldana v. Eric H. Holder, Jr.
Date: November 17, 2014
Docket Number: 13-3780
United States v. Michael Scott Luedtke
Date: November 17, 2014
Docket Number: 13-3798
United States v. Michael Scott Luedtke
Date: November 17, 2014
Docket Number: 14-1031
United States v. Dennis Hart
Date: November 17, 2014
Docket Number: 14-1058
United States v. Scott Pitts
Date: November 17, 2014
Docket Number: 14-1071
United States v. Anderson  
Date: November 17, 2014
Docket Number: 14-1165

Justia Opinion Summary: Defendant pled guilty to failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250(a)(2)(B), and appealed the denial of his motion to dismiss the indictment. T...

James Carter, Jr. v. First National Bank, etc.
Date: November 17, 2014
Docket Number: 14-1182
Hot Stuff Foods, LLC v. Houston Casualty Co.  
Date: November 17, 2014
Docket Numbers: 14-1192, 14-1194

Justia Opinion Summary: After Hot Stuff recalled mislabeled sandwiches containing MSG, Hot Stuff sought indemnification from HCC for losses sustained due to the recall. HCC denied coverage on the ground that the claim did not involve an "Accide...

Hot Stuff Foods, LLC v. Houston Casualty Company
Date: November 17, 2014
Docket Number: 14-1194
Mark Smith v. Larry Norris
Date: November 17, 2014
Docket Number: 14-1273
Chavez-Castillo v. Holder  
Date: November 17, 2014
Docket Number: 14-1486

Justia Opinion Summary: Petitioner, a native and citizen of Mexico, sought review of the BIA's dismissal of his appeal from an IJ's order of removal. Petitioner was charged with speeding and driving without a valid drivers license in violation...

USA v. Armando Dominguez-Morales
Date: November 17, 2014
Docket Number: 14-1497
United States v. James Clark
Date: November 17, 2014
Docket Number: 14-1794
United States v. Kamel Elburki
Date: November 17, 2014
Docket Number: 14-1827
James E. Thompson v. Butte County, SD
Date: November 17, 2014
Docket Number: 14-2278
United States v. Walker, Jr.  
Date: November 14, 2014
Docket Number: 14-1752

Justia Opinion Summary: Defendant conditionally plead guilty and subsequently appealed the denial of a motion to suppress a firearm found in the pouch of a vehicle where defendant was a passenger. The police were responding to a reported drive-...

United States v. Smith  
Date: November 12, 2014
Docket Number: 14-1355

Justia Opinion Summary: Defendant appealed his conviction for bank robbery, arguing that the district court committed constitutional error by allowing the jury to view a replay of video exhibits outside the presence of defendant and without not...

United States v. Denise Harris
Date: November 12, 2014
Docket Number: 14-1978
United States v. Bruce Prevost
Date: November 10, 2014
Docket Number: 13-3762
United States v. Larry Lee
Date: November 7, 2014
Docket Number: 14-1360
Charles Evans, III v. Nebraska Beef, Ltd.
Date: November 7, 2014
Docket Number: 14-1673
United States v. Norberto Dangla-Sanchez
Date: November 7, 2014
Docket Number: 14-1736
United States v. David Adney
Date: November 7, 2014
Docket Number: 14-1958
Grable v. Colvin  
Date: November 6, 2014
Docket Number: 13-3050

Justia Opinion Summary: Plaintiff appealed the denial of her application for disability insurance benefits, asserting that she had difficulty breathing and painful joints. The court concluded that the ALJ did not err in giving greater weight to...

United States v. Justin Bicket
Date: November 6, 2014
Docket Number: 13-3797
Holaway v. Stratasys, Inc.  
Date: November 6, 2014
Docket Number: 14-1146

Justia Opinion Summary: Plaintiff filed suit against his former employer, Stratasys, alleging violations of the Fair Labor Standards Act (FLSA), 29 U.S.C. 207(a). Section 207(a) requires certain employees be paid overtime wages for working more...

Ponder v. Colvin  
Date: November 4, 2014
Docket Number: 14-1203

Justia Opinion Summary: Plaintiff appealed the denial of her application for social security disability insurance benefits, alleging total disability due to, among other things, depression, anxiety, joint deterioration, and swelling in her hand...

United States v. Paris Cedrell Neal
Date: November 4, 2014
Docket Number: 14-1323
Jay Beane v. United States
Date: November 3, 2014
Docket Number: 13-2323
Gieseke v. Colvin  
Date: November 3, 2014
Docket Number: 14-1395

Justia Opinion Summary: Plaintiff appealed the denial of his applications for Social Security disability insurance benefits and supplemental security income. The court concluded that the ALJ's determination is supported by substantial evidence...

United States v. Antonio Straight
Date: November 3, 2014
Docket Number: 14-1885
Benjamin Mario Soto v. Minnesota Bureau of Criminal
Date: November 3, 2014
Docket Number: 14-2175
Eddie Risdal v. Mike Nixon
Date: October 30, 2014
Docket Number: 13-2545
Jones v. Frost  
Date: October 30, 2014
Docket Number: 13-3094

Justia Opinion Summary: Plaintiff filed suit against defendants four years after a jury acquitted him of murder, alleging that defendants conspired to frame him for the crime. In this case, Arkansas provides a three year statute of limitations...

Jerry Hawkins v. Lt. Steven Glover
Date: October 30, 2014
Docket Number: 13-3262
United States v. Demilia  
Date: October 29, 2014
Docket Number: 14-1015

Justia Opinion Summary: The government appealed the district court's grant of defendants' motions to suppress evidence seized during a search of a vehicle. The court concluded that the government did not waive its Arkansas Code Section 27-51-30...

Matthew White v. Carolyn Colvin
Date: October 29, 2014
Docket Number: 14-1339
United States v. Hunter  
Date: October 28, 2014
Docket Number: 13-2452

Justia Opinion Summary: Defendant appealed his conviction and sentence for numerous federal offenses stemming from his involvement in controlled buys of various controlled substances. The court rejected defendant's claim that the district court...

Dale Bryant v. Ray Hobbs
Date: October 28, 2014
Docket Number: 14-1478
William Pineda-Villalobos v. Eric H. Holder, Jr.
Date: October 28, 2014
Docket Number: 14-1568
Avendano v. Holder, Jr.  
Date: October 27, 2014
Docket Number: 13-2171

Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, sought review of the BIA's decision concluding that petitioner was ineligible for cancellation of removal because he had been convicted of a crime involving moral turpitud...

Nielsen v. ACS, Inc.  
Date: October 27, 2014
Docket Numbers: 13-6034, 13-6035

Justia Opinion Summary: Debtor appealed the bankruptcy court's ruling denying her request for discharge of her student loan obligations to ECMC based on undue hardship pursuant to 11 U.S.C. 523(a)(8). The bankruptcy appellate panel concluded th...

Kathryn Nielsen v. ACS, Inc.
Date: October 27, 2014
Docket Number: 13-6035
United States v. Samuel Gonzales
Date: October 27, 2014
Docket Number: 14-1510
United States v. Troy Clark
Date: October 27, 2014
Docket Number: 14-2408
Charles Sisson v. Commissioner of IRS
Date: October 24, 2014
Docket Number: 14-1221
Albert Brown, Jr. v. Carolyn W. Colvin
Date: October 24, 2014
Docket Number: 14-1631
United States v. Jason Stallcup
Date: October 24, 2014
Docket Number: 14-1810
United States v. Laura Dejong
Date: October 24, 2014
Docket Number: 14-2072
Kevin Linn v. Chad Mason
Date: October 23, 2014
Docket Number: 14-1667
United States v. Juan Cano-Lima
Date: October 23, 2014
Docket Number: 14-1878
United States v. James King
Date: October 23, 2014
Docket Number: 14-1935
Bobby Williams v. Sheriff Ron Brown
Date: October 23, 2014
Docket Number: 14-1938
United States of America v. Adan Zarate-Cobain
Date: October 23, 2014
Docket Number: 14-2133
Stalnaker v. Allison  
Date: October 23, 2014
Docket Number: 14-6018

Justia Opinion Summary: Jandrain, et al. appealed the bankruptcy court's determination that certain funds were property of the bankruptcy estate, awarding the trustee certain fees and expenses, and surcharging those fees and expenses against th...

Thomas D. Stalnaker v. George Allison
Date: October 23, 2014
Docket Number: 14-6019
Thomas D. Stalnaker v. George Allison
Date: October 23, 2014
Docket Number: 14-6020
Thomas D. Stalnaker v. George Allison
Date: October 23, 2014
Docket Number: 14-6025
Mullen v. Pepperl & Fuchs, Inc.  
Date: October 22, 2014
Docket Numbers: 13-3512, 13-3513

Justia Opinion Summary: Plaintiffs filed suit against Heinkel and Pepperl in Iowa state court, seeking damages based on a products-liability theory. On appeal, Heinkel and Pepperl challenged the district court's grant of plaintiffs' motion to...

Bill Mullen v. Pepperl & Fuchs, Inc.
Date: October 22, 2014
Docket Number: 13-3513
Conway v. Heyl  
Date: October 22, 2014
Docket Number: 14-1453

Justia Opinion Summary: Steve Conway appealed the Bankruptcy Appellate Panel's (BAP) dismissal of his appeal from an adverse ruling of the bankruptcy court. The court concluded that Conway, who has not claimed to be a licensed attorney, cannot...

Byron Turner v. Graphic Packaging Intl., Inc.
Date: October 22, 2014
Docket Number: 14-1466
Tariq Belt v. United States
Date: October 22, 2014
Docket Number: 14-1506
United States v. Heather Reekers
Date: October 22, 2014
Docket Number: 14-2085
Steven Evans v. Linda Sanders
Date: October 22, 2014
Docket Number: 14-2187
United States v. Thompson  
Date: October 21, 2014
Docket Number: 13-1182

Justia Opinion Summary: Defendant appealed his conviction after pleading guilty to conspiracy to possess with intent to distribute a mixture containing methamphetamine and use of a firearm during a drug trafficking crime. Defendant contended th...

Steen v. Murray  
Date: October 21, 2014
Docket Number: 13-2663

Justia Opinion Summary: Plaintiffs filed suit against defendants alleging that defendants breached a contract for legal services, seeking compensatory and punitive damages. The district court granted defendants' motion to transfer the legal mal...

Bisges v. Gargula  
Date: October 21, 2014
Docket Number: 13-3039

Justia Opinion Summary: Noel Bisges represented debtor in her Chapter 7 bankruptcy case. United States Trustee Nancy Gargula moved to reopen the case after it was closed because she learned that debtor possibly failed to disclose in her bankrup...

John Likins v. United States
Date: October 21, 2014
Docket Number: 13-3710
Quam Construction Co., Inc. v. City of Redfield  
Date: October 21, 2014
Docket Number: 14-1037

Justia Opinion Summary: This case arose after the City of Redfield and Quam entered into a construction contract and issues arose regarding the subsurface ground conditions. On appeal, Quam challenged the district court's order denying its moti...

United States v. Jones  
Date: October 21, 2014
Docket Number: 14-1460

Justia Opinion Summary: After defendant's fourth period of supervises release was revoked, he appealed the sentence imposed by the district court arguing that the district court erred by sentencing him on conduct not included in the written vio...

United States v. Shelabarger  
Date: October 21, 2014
Docket Number: 14-1505

Justia Opinion Summary: Defendant appealed his conviction and sentence for receipt of visual depictions of minors engaging in sexually explicit conduct. The court concluded that the evidence was sufficient to support defendant's conviction; def...

United States v. Justin Halter
Date: October 21, 2014
Docket Number: 14-2317
United States v. Reid  
Date: October 20, 2014
Docket Number: 12-3896

Justia Opinion Summary: Defendant, convicted of unlawful possession of a firearm as a previously convicted felon, appealed the district court's denial of his motion to suppress evidence seized during the search of his residence and the applicat...

Syngenta Seeds, Inc. v. Bunge North America, Inc.
Date: October 20, 2014
Docket Number: 13-1391
United States v. Cebrian Sims
Date: October 20, 2014
Docket Number: 14-1161
United States v. Dwayne Appling
Date: October 20, 2014
Docket Number: 14-1456
Moore, Jr. v. Colvin  
Date: October 17, 2014
Docket Number: 13-3774

Justia Opinion Summary: Plaintiff appealed the denial of his application for supplemental security income where the ALJ found that plaintiff was not disabled because he could perform jobs a vocational expert (VE) identified in response to a hyp...

Carlos Portillo-Escobar v. Eric H. Holder, Jr.
Date: October 17, 2014
Docket Number: 14-1069
Carlson v. U.S. Bank, N.A.  
Date: October 17, 2014
Docket Numbers: 14-6013, 14-6024

Justia Opinion Summary: Debtors filed a pro se Chapter 13 bankruptcy in order to stop a pending foreclosure of their residential unit. On appeal, debtors challenged the bankruptcy court's order denying their motion for violation of an automatic...

Stephen Carlson, I v. U.S. Bank, N.A.
Date: October 17, 2014
Docket Number: 14-6024
Hui v. Holder, Jr.  
Date: October 14, 2014
Docket Number: 13-3733

Justia Opinion Summary: Petitioner, a native of Hong Kong, petitioned for review of the BIA's affirmance of the IJ's denial of withholding of removal. Petitioner claimed that she suffered past persecution based on her membership in a particular...

American Family Mutual Ins. Co v. John Martin Donaldson
Date: October 14, 2014
Docket Number: 14-1173
Morehouse v. Commissioner of IRS  
Date: October 10, 2014
Docket Number: 13-3110

Justia Opinion Summary: Appellants appealed the Commissioner's determination that the USDA's Conservation Program (CRP) payments that appellants received were taxable as income from self-employment. The court entered judgment in favor of appell...

United States v. Marks  
Date: October 10, 2014
Docket Number: 13-3655

Justia Opinion Summary: Defendant pleaded guilty to conspiracy to distribute cocaine and to launder money. On appeal, defendant challenged the district court's denial of his evidentiary hearing, claiming that the government improperly refused t...

United States v. Jose Rivera-Navas
Date: October 10, 2014
Docket Number: 14-1346
Jose Mendoza-Mejia v. Eric H. Holder, Jr.
Date: October 10, 2014
Docket Number: 14-1399
United States v. Anthony Austin
Date: October 10, 2014
Docket Number: 14-1465
Vincent Gulotta v. Bank of America, N.A.
Date: October 10, 2014
Docket Number: 14-1585
Billie Chapman v. Dan Craig
Date: October 10, 2014
Docket Number: 14-1653
Rosalind Cross v. David Ferriero
Date: October 10, 2014
Docket Number: 14-1696
Charles John Guetti v. Carolyn W. Colvin
Date: October 10, 2014
Docket Number: 14-1716
Dalton Beyer v. Stapleton
Date: October 10, 2014
Docket Number: 14-1796
Castillo-Alvarez v. Krukow  
Date: October 10, 2014
Docket Number: 14-2263

Justia Opinion Summary: Plaintiff, a Minnesota inmate, sought leave to proceed in forma pauperis (IFP) in a suit under 42 U.S.C. 1983. The district court denied IFP status and dismissed the complaint because plaintiff had three strikes within t...

Jesus Trevino v. Benton County, Arkansas
Date: October 8, 2014
Docket Number: 14-1110
Percell Freeman v. Carolyn W. Colvin
Date: October 8, 2014
Docket Number: 14-1532
United States v. Eloy Castaneda-Gonzalez
Date: October 8, 2014
Docket Number: 14-1563
United States v. Noah Dilliplane
Date: October 8, 2014
Docket Number: 14-1662
Carlyn Johnson v. Securitas Security Services
Date: October 7, 2014
Docket Number: 12-2129
Hudson Specialty Ins. Co. v. Tygr, LLC, et al.  
Date: October 7, 2014
Docket Number: 13-1742

Justia Opinion Summary: Hudson filed suit seeking a declaratory judgment that the Hired and Non-Owned Auto Liability endorsement to an insurance policy's Commercial General Liability Coverage Form provides no coverage to any defendant in the un...

Hudson Specialty Insurance Co v. Brash Tygr, LLC
Date: October 7, 2014
Docket Number: 13-1742
Tramp v. Associated Underwriters, Inc.  
Date: October 7, 2014
Docket Number: 13-2546

Justia Opinion Summary: Plaintiff filed suit against Associated Underwriters after she was terminated, alleging claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq., and the Americans with Disabilities Act (ADA),...

Hampton v. Reliance Standard Life Ins. Co.  
Date: October 7, 2014
Docket Number: 13-2782

Justia Opinion Summary: Plaintiff filed suit against Reliance and the Plan, under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., claiming that Reliance abused its discretion in denying long-term disability benefits...

Kuduk v. BNSF Railway Co.  
Date: October 7, 2014
Docket Number: 13-3326

Justia Opinion Summary: Plaintiff filed suit against BNSF, alleging that BNSF violated the anti-retaliation mandate in the Federal Rail Safety Act (FRSA), 49 U.S.C. 20109(a), when BNSF terminated him. The district court granted summary judgment...

Domingo Perez-Juarez v. Eric H. Holder, Jr.
Date: October 7, 2014
Docket Number: 13-3715
Frederick Davis v. Timothy Lancaster
Date: October 7, 2014
Docket Number: 14-1163
United States v. Jesse Pier
Date: October 7, 2014
Docket Number: 14-1898
Annex Medical, Inc. v. Kathleen Sebelius
Date: October 6, 2014
Docket Number: 13-1118
Trip Mate, Inc. v. Stonebridge Casualty Ins., et al.  
Date: October 6, 2014
Docket Number: 13-2032

Justia Opinion Summary: Stonebridge appealed the district court's judgment in favor of Trip Mate, holding that Stonebridge breached an implied amendment to the parties' Managing General Agent Agreement that was incorporated into the Termination...

Rhonda Harris v. Carolyn W. Colvin
Date: October 6, 2014
Docket Number: 14-1268
United States v. Earl St. Claire, Jr.
Date: October 6, 2014
Docket Number: 14-1744
United States v. Lowell Billy
Date: October 6, 2014
Docket Number: 14-2000
United States v. Corey McKinney
Date: October 3, 2014
Docket Number: 13-3121
Hiser v. XTO Energy, Inc.  
Date: October 3, 2014
Docket Number: 13-3443

Justia Opinion Summary: Plaintiff filed suit against XTO, an oil and natural gas producer, for damages caused by vibrations from drilling operations. The jury returned a verdict for plaintiff and XTO moved for a new trial. The district court de...

George Robinson v. Option One Mortgage Corp.
Date: October 3, 2014
Docket Number: 13-3735
Clear Sky Properties, LLC, et al. v. Roussel  
Date: October 3, 2014
Docket Number: 14-1150

Justia Opinion Summary: Debtor filed for bankruptcy under Chapter 7 and the bankruptcy court refused to apply collateral estoppel to a state judgment, finding all the debt dischargeable. The district court reversed, finding all the debt nondisc...

George Robinson v. Option One Mortgage Corp.
Date: October 3, 2014
Docket Number: 14-1312
Jorge Aguilera v. United States
Date: October 3, 2014
Docket Number: 14-1350
Troy Redd v. Dustin Lutgen
Date: October 3, 2014
Docket Number: 14-1432
Bryan Behrens v. United States
Date: October 3, 2014
Docket Number: 14-1575
Tom Henderson v. Sergeant Lambert
Date: October 3, 2014
Docket Number: 14-2529
Smith, et al. v. Palestine-Wheatley Sch. Dist, et al.  
Date: October 2, 2014
Docket Number: 13-1816

Justia Opinion Summary: In 1989, Wheatley plaintiffs filed suit against the District alleging on-going violations of the Voting Rights Act, 42 U.S.C. 1971 et seq., and the Fourteenth Amendment. In 1990, the district court confirmed a settlement...

United States v. Kramer  
Date: October 2, 2014
Docket Number: 13-2900

Justia Opinion Summary: Defendant appealed his conviction for charges related to his activity in the mortgage lending and related businesses. The court concluded that the district court did not abuse its wide discretion in refusing to sever his...

United States v. Constantino Eredia
Date: October 2, 2014
Docket Number: 13-3538
Mark Martinez v. U.S. Bank
Date: October 2, 2014
Docket Number: 14-1143
Jeffery Elmore v. Wendy Kelly
Date: October 2, 2014
Docket Number: 14-1271
Kevin David Pomerenke v. Cheryl Bird
Date: October 2, 2014
Docket Number: 14-1468
Alexander v. Avera St. Luke's Hospital  
Date: September 30, 2014
Docket Number: 13-2592

Justia Opinion Summary: Plaintiff, a pathologist, filed suit against Avera, alleging that Avera violated federal and state laws for terminating a Services Agreement. Plaintiff filed suit under the Americans with Disabilities Act (ADA), 42 U.S.C...

Earl Freeman v. Chris Chiprez
Date: September 30, 2014
Docket Number: 13-3367
Anthony Thrash v. Dustin McDaniel
Date: September 30, 2014
Docket Number: 14-2534
Kurt Ponzar v. Matthew Layfield
Date: September 29, 2014
Docket Number: 14-1494
Joshua Brenner v. American Education Services
Date: September 26, 2014
Docket Number: 14-1340
United States v. Danny Louie
Date: September 26, 2014
Docket Number: 14-1726
David Stebbins v. Rita Stebbins
Date: September 26, 2014
Docket Number: 14-1845
Kyle Bryant v. Carolyn W. Colvin
Date: September 25, 2014
Docket Number: 13-2351
Tawfeeq Abuirqeba v. Carolyn Colvin
Date: September 25, 2014
Docket Number: 14-1140
Rickey Harrell v. G4S Secure Solutions, etc.
Date: September 25, 2014
Docket Number: 14-1647
Kendrick Story v. Mark Cashion
Date: September 25, 2014
Docket Number: 14-1724
Richard Lewe Oprenchak, Jr. v. American Family Mutual Ins.
Date: September 24, 2014
Docket Number: 13-3694
United States v. Julian Collins
Date: September 24, 2014
Docket Number: 14-1515
Robert Bland v. O.P. & C.M.I.A.
Date: September 24, 2014
Docket Number: 14-1633
United States v. Jose Ruiz, Jr.
Date: September 24, 2014
Docket Number: 14-1927
Ronald Corbett v. Bank of America, N.A
Date: September 23, 2014
Docket Number: 14-1607
Guillermo Quinones v. United States
Date: September 23, 2014
Docket Number: 14-1670
United States v. Gonzalo Romero-Madera
Date: September 23, 2014
Docket Number: 14-1788
United States v. Michael McBride
Date: September 23, 2014
Docket Number: 14-1846
United States v. Roberto V. Rivera
Date: September 23, 2014
Docket Number: 14-1988
Valentino Warren v. Krispy Kreme Doughnuts
Date: September 19, 2014
Docket Number: 14-1254
United States v. Duane L. Kuyper
Date: September 18, 2014
Docket Number: 13-3545
United States v. Aurelio Ortiz
Date: September 18, 2014
Docket Number: 14-1093
United States v. Rotimi Williams
Date: September 17, 2014
Docket Number: 14-1152
USA v. Bjorn Luster
Date: September 17, 2014
Docket Number: 14-1275
Brandi Johnson v. Carolyn W, Colvin
Date: September 16, 2014
Docket Number: 13-3140
Ronald Byers v. CIR
Date: September 16, 2014
Docket Number: 13-3292
United States v. Isaac Perry
Date: September 16, 2014
Docket Number: 14-1082
Larson, III v. Foster, et al.  
Date: September 15, 2014
Docket Number: 14-6007

Justia Opinion Summary: Plaintiff appealed the bankruptcy court's orders granting a motion to dismiss and denying his motion for retroactive approval to prosecute a derivative action complaint. The panel concluded that, based upon the record an...

Christians v. Dmitruk  
Date: September 15, 2014
Docket Number: 14-6023

Justia Opinion Summary: The trustee appealed from the bankruptcy court's order overruling the trustee's objection to debtor's claimed exemption in the portion of his state income tax refund which came from the Minnesota Education Credit as "gov...

Charles Winston v. Wendy Kelly
Date: September 11, 2014
Docket Number: 13-3144
United States v. Brewer  
Date: September 10, 2014
Docket Number: 13-1261

Justia Opinion Summary: Defendant appealed his conviction for failing to register as a sex offender under 18 U.S.C. 2250(a). In 2006, Congress enacted the Sex Offender Registration Notification Act (SORNA), 42 U.S.C. 16901-16991. In 2007, the A...

United States v. Henley  
Date: September 10, 2014
Docket Numbers: 13-1894, 13-1935, 13-1941, 13-1967, 13-1969, 13-1971

Justia Opinion Summary: Defendants Henley, Smith, Elkins, Fry, Robinson, and Peteet pled guilty to racketeering conspiracy and various counts of violent crime in aid of racketeering in connection with their involvement in a motorcycle gang. Def...

United States v. Dominic Henley
Date: September 10, 2014
Docket Number: 13-1935
United States v. Dominic Henley
Date: September 10, 2014
Docket Number: 13-1941
United States v. Dominic Henley
Date: September 10, 2014
Docket Number: 13-1967
United States v. Dominic Henley
Date: September 10, 2014
Docket Number: 13-1969
United States v. Dominic Henley
Date: September 10, 2014
Docket Number: 13-1971
DeVries v. Driesen, et al.  
Date: September 10, 2014
Docket Number: 13-2593

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 two years and four months after his claims related to a traffic stop arose. The court affirmed the district court's dismissal of the action as time barred under Iowa's two-year s...

Meinhardt v. CIR  
Date: September 10, 2014
Docket Number: 13-2924

Justia Opinion Summary: Taxpayers petitioned the Tax Court, challenging the Commission's notices of deficiency regarding their farmhouse. The Tax Court denied the petition, disallowing $42,694 in claimed deductions because taxpayers failed to p...

United States v. Hum  
Date: September 10, 2014
Docket Number: 13-2985

Justia Opinion Summary: Defendant appealed the revocation of his supervised release and resulting 60-month commitment to the BOP. The court affirmed, concluding that the sentence was not substantively unreasonable considering the reasons given...

Rod Nussbaum v. Springfield R-XII School Dist.
Date: September 10, 2014
Docket Number: 13-3669
Victor Dannon v. Commissioner of IRS
Date: September 10, 2014
Docket Number: 14-1220
Karlen v. Jones Lang LaSalle Americas, Inc.  
Date: September 9, 2014
Docket Numbers: 13-2379, 13-2835

Justia Opinion Summary: Plaintiff filed suit against JLLA for, inter alia, failure to pay him a commission on a deal that closed shortly after his departure. The district court sua sponte granted summary judgment for plaintiff and held that JLL...

United States v. O'Dell  
Date: September 9, 2014
Docket Number: 13-2381

Justia Opinion Summary: Defendant plead guilty to one count of sexual exploitation of children and appealed the denial of his motion to suppress evidence seized under a search warrant from his room at the YMCA camp. The court agreed with the di...

Todd Karlen v. Jones Lang LaSalle Americas
Date: September 9, 2014
Docket Number: 13-2835
United States v. Thornton  
Date: September 9, 2014
Docket Number: 13-3302

Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession and appealed his sentence. The district court concluded that defendant's prior criminal history, including a conviction for a 1992 Kansas burglary, qualified him as...

Bank of America v. JB Hanna, et al.  
Date: September 8, 2014
Docket Numbers: 12-3239, 12-3352

Justia Opinion Summary: The Bank filed suit against the Hanna Parties for breach of contract after the Hanna Parties failed to pay the balance due on a loan when it matured. The Hanna Parties counterclaimed, alleging fraud, breach of fiduciary...

Bank of America v. JB Hanna
Date: September 8, 2014
Docket Number: 12-3352
O'Brien, Jr., et al. v. Dept. of HHS, et al.  
Date: September 8, 2014
Docket Number: 12-3357

Justia Opinion Summary: The court reversed the district court's dismissal of plaintiff's claim for relief under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb-1(a) to (c), and vacated the dismissal of plaintiffs' remaining claim...

Sweeney v. United States  
Date: September 8, 2014
Docket Number: 13-1862

Justia Opinion Summary: Petitioner, convicted of charges related to the unauthorized interception of cable service and illegal currency structuring for which he is serving 70 months imprisonment, argued that his Sixth Amendment right to counsel...

Beverly Janice Campe v. Carolyn W. Colvin
Date: September 8, 2014
Docket Number: 13-3410
KeOndra Chestang v. Varner Super Max
Date: September 8, 2014
Docket Number: 14-1267
Ray Dansby v. Ray Hobbs
Date: September 5, 2014
Docket Number: 10-1990
Annex Medical, Inc., et al. v. Sebelius, et al.  
Date: September 5, 2014
Docket Number: 13-1118

Justia Opinion Summary: Annex, Stuart Lind, and Tom Janas filed suit challenging HHS' contraceptive mandate under the Religioous Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb-1(a). Lind, a controlling shareholder of Annex, opposed insurance...

G&K Services Co., Inc. v. Bill's Super Foods, Inc.  
Date: September 5, 2014
Docket Number: 13-2919

Justia Opinion Summary: G&K filed suit against Bill's for breach of contract and sought liquidated damages. Bill's counterclaimed, asserting common-law clams and a violation of the Arkansas Deceptive Trade Practices Act, Ark. Code 4-88-113. A j...

Aipperspach v. McInerney, et al.  
Date: September 5, 2014
Docket Number: 13-2942

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that law enforcement officers used excessive force when they shot and killed her brother (Mahir S. Al-Hakim). The district court granted summary judgment to the City, i...

United States v. Bryan Behrens
Date: September 5, 2014
Docket Number: 14-1004
Terri Bogan v. Carolyn W. Colvin
Date: September 5, 2014
Docket Number: 14-1178
United States v. Juan Ortega-Bustamante
Date: September 5, 2014
Docket Number: 14-1462
Steven Taylor v. Jay Cassady
Date: September 5, 2014
Docket Number: 14-1870
United States v. Coppock  
Date: September 2, 2014
Docket Number: 13-1189

Justia Opinion Summary: Defendant entered a conditional guilty plea to a charge of failing to register and update his sex offender registration, and subsequently appealed the denial of his motion to dismiss the indictment. Defendant argued that...

281 Care Committee, et al. v. Arneson, et al.  
Date: September 2, 2014
Docket Number: 13-1229

Justia Opinion Summary: Appellants, two Minnesota-based, grassroots advocacy organizations and their leaders, filed suit claiming that a provision of the Minnesota Fair Campaign Practices Act (FCPA), Minn. Stat. 211B.01 et seq., inhibits appell...

Welsh v. Colvin  
Date: September 2, 2014
Docket Number: 13-2619

Justia Opinion Summary: Plaintiff appealed the denial of his application for Social Security disability and supplemental security income benefits. The court concluded that the ALJ's failure to explicitly refer to SSR 96-9p was an arguable defic...

Occidental Fire & Casualty Co. v. Soczynski  
Date: September 2, 2014
Docket Numbers: 13-2679, 13-2949

Justia Opinion Summary: Thomas Hipp was driving a semi-tractor and trailer on a two-lane road when the trailer collided with a vehicle driven by Amy Soczynski. Amy died as a result of the collision and this appeal concerns the subsequent insura...

Occidental Fire & Casualty Co. v. Adam Soczynski
Date: September 2, 2014
Docket Number: 13-2949
United States v. Whisenton  
Date: September 2, 2014
Docket Number: 13-3085

Justia Opinion Summary: Defendant pled guilty to conspiracy to distribute marijuana and appealed the denial of his motion to suppress evidence. The court held that, assuming that the agents' warrantless entry into defendant's home was not justi...

Cintya Vasquez-Solorzano v. Eric H. Holder, Jr.
Date: September 2, 2014
Docket Number: 14-1072
Robert George v. Officer Jason Tucker
Date: September 2, 2014
Docket Number: 14-1481
United States v. Abby Rae Cole
Date: August 29, 2014
Docket Number: 11-1232
United States v. Bennett  
Date: August 29, 2014
Docket Numbers: 12-3754, 13-1109

Justia Opinion Summary: Defendants Bennett, Jennifer, and Clayton were found guilty of several counts stemming from two fraudulent schemes. Bennett and Clayton appealed their convictions and sentences, and Jennifer appealed her convictions. Cla...

Reed v. Malone's Mechanical, Inc., et al.  
Date: August 29, 2014
Docket Number: 13-1026

Justia Opinion Summary: Plaintiff filed suit against Malone and others after he was injured by a pipe saddle. The jury returned a verdict for Malone and plaintiff appealed, raising numerous issues on appeal. The court concluded that the distric...

Thayer v. Planned Parenthood  
Date: August 29, 2014
Docket Number: 13-1654

Justia Opinion Summary: Relator filed a qui tam action against Planned Parenthood, alleging that it violated the False Claims Act (FCA), 31 U.S.C. 3729-3733, and the Iowa False Claims Act (IFCA), Iowa Code Ann. 685.1-.7, by submitting false or...

Santiago Alonso-Guico v. Eric H. Holder, Jr.
Date: August 29, 2014
Docket Number: 14-1079
Georgina Stephens v. Federal National Mortgage
Date: August 29, 2014
Docket Number: 14-1248
Carl Turner v. Ray Hobbs
Date: August 29, 2014
Docket Number: 14-1410
Vicky v. United States
Date: August 28, 2014
Docket Number: 12-2752
Vicky v. United States
Date: August 28, 2014
Docket Number: 12-2769
Agri Star Meat & Poultry, et al. v. Nevel Properties Corp.  
Date: August 28, 2014
Docket Number: 13-1161

Justia Opinion Summary: SHF acquired the vestiges of Sholom Rubashkin's bankrupt Agriprocessors, now rebranded Agri Star. Debtor, Nevel, is owned by Rubashkin's brother. At issue on appeal was whether SHF has any rights to a well located on lan...

Lee v. Holder, Jr.  
Date: August 28, 2014
Docket Numbers: 13-1269, 13-2597

Justia Opinion Summary: Petitioner, a native and citizen of Burma, petitioned for review of the BIA's denial of her motion to remand and her later motion to reopen her application for asylum, withholding of removal, and protection under the Con...

Doe v. Hagar  
Date: August 28, 2014
Docket Number: 13-2156

Justia Opinion Summary: Plaintiff filed suit against Sammy Hagar after he published an autobiography in which he alleged that plaintiff had extorted him by claiming she was pregnant with his child. The district court granted summary judgment fo...

MN Housing Finance Agency v. Schmidt, et al.  
Date: August 28, 2014
Docket Number: 13-2447

Justia Opinion Summary: This case involved a scenario in which a creditor holds a third mortgage that is secured only by the debtor's principal residence, but the value of the creditor's interest in the home is zero, because the value of the re...

Ah May Ruth Lee v. Eric H. Holder, Jr.
Date: August 28, 2014
Docket Number: 13-2597
U.S. Bank v. State Farm Fire & Casualty Co.  
Date: August 28, 2014
Docket Number: 13-2854

Justia Opinion Summary: U.S. Bank appealed the district court's denial of its motion to intervene in a suit between a homeowner and her insurer, State Farm. The court concluded that the district court reasonably determined that the bank was too...

Kern, et al. v. Goebel Fixture Co.  
Date: August 28, 2014
Docket Number: 13-3185

Justia Opinion Summary: Two trustees of the Fund filed suit under section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. 185(a), and section 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1145, to collect unp...

Clayton Walker v. Shawn Peterson
Date: August 28, 2014
Docket Number: 13-3637
United States v. James Pate
Date: August 28, 2014
Docket Number: 13-3688
Donald Winnett v. DeAngelo Earl
Date: August 28, 2014
Docket Number: 14-1479
Davis, et al. v. Ricketts, et al.  
Date: August 27, 2014
Docket Number: 13-2388

Justia Opinion Summary: Plaintiffs filed suit against OEF and Hugo under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1 et seq., and Nebraska law, alleging sexual harassment and retaliation. Plaintiffs Davis and Duncan also sued J...

United States v. Schmitt  
Date: August 27, 2014
Docket Number: 13-3215

Justia Opinion Summary: Defendant appealed her sentence after being convicted of drug conspiracy and possession charges. The district court found defendant ineligible for safety valve relief under 18 U.S.C. 3553(f) because she had been convicte...

United States v. Charles Hendricks
Date: August 27, 2014
Docket Number: 13-3281
United States v. Tillman  
Date: August 27, 2014
Docket Number: 13-3476

Justia Opinion Summary: Defendant appealed her conviction for conspiracy to distribute and possess with intent to distribute at least one kilogram of heroin. The court concluded that there was sufficient evidence to convict defendant; the distr...

Matthews v. United States  
Date: August 27, 2014
Docket Number: 13-3650

Justia Opinion Summary: Reggie A. Mathews, a third party, sought a hearing to determine his interest in $412,900.00 seized from the trunk of a car he was driving. On appeal, Mathews challenged the district court's dismissal of his petition for...

United States v. Demetrius Hardiman
Date: August 27, 2014
Docket Number: 13-3705
United States v. Milliner  
Date: August 27, 2014
Docket Number: 14-1129

Justia Opinion Summary: Defendant appealed his conviction for conspiracy to distribute cocaine base. The court concluded that the evidence was sufficient to convict defendant of the conspiracy. The court also concluded that the district court d...

United States v. Kenneth Gragg
Date: August 27, 2014
Docket Number: 14-1404
United States v. Toby Young Bear
Date: August 27, 2014
Docket Number: 14-1677
Donnell v. United States  
Date: August 26, 2014
Docket Number: 12-3465

Justia Opinion Summary: Movant, convicted of conspiring to distribute ecstacy, moved to vacate his 240-month sentence based on, inter alia, the ineffective assistance of appellate counsel. Movant argued that he is entitled to 28 U.S.C. 2255 rel...

United States v. Raymon Ortega
Date: August 26, 2014
Docket Number: 13-3756
Luisa Chavez-Lavagnino v. Motivation Education Training
Date: August 25, 2014
Docket Number: 12-1058
Bouaphakeo, et al. v. Tyson Foods, Inc.  
Date: August 25, 2014
Docket Number: 12-3753

Justia Opinion Summary: Plaintiffs, current or former "gang-time" employees at Tyson, filed a class action suit against Tyson for not paying wages due under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. 201 et seq., and the Iowa Wage P...

United States v. Johnson  
Date: August 25, 2014
Docket Number: 13-1739

Justia Opinion Summary: The government filed an interlocutory appeal from the district court's order, arguing that 21 U.S.C. 848 requires a full sentencing rehearing - that is, that the statute requires the new jury to decide whether defendant...

Red River Freethinkers v. City of Fargo  
Date: August 25, 2014
Docket Number: 13-1934

Justia Opinion Summary: The Red River Freethinkers filed suit challenging a Ten Commandments monument in Fargo, North Dakota. On remand, the district court granted summary judgment to the City and Freethinkers appealed. The court concluded that...

Guyton, et al. v. Tyson Foods  
Date: August 25, 2014
Docket Number: 13-2036

Justia Opinion Summary: Plaintiffs filed suit against Tyson for not paying wages due under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. 201 et seq., and under Iowa law. The jury returned a verdict for Tyson and plaintiffs appealed. Th...

Key Medical Supply, Inc. v. Sebelius, et al.  
Date: August 25, 2014
Docket Number: 13-2084

Justia Opinion Summary: Key Medical filed suit alleging that the Agency exceeded its statutory authority when implementing a competitive-bidding system for Medicare's pricing of medical equipment and supplies. Key Medical acknowledges that the...

Hernandez-Garcia v. Holder, Jr.  
Date: August 25, 2014
Docket Number: 13-2467

Justia Opinion Summary: Petitioner, a citizen of Mexico, petitioned for review of the BIA's finding that petitioner did not qualify for cancellation of removal. Petitioner argued that the BIA committed an error of law when it "failed to follow...

United States v. Ko  
Date: August 25, 2014
Docket Number: 13-2668

Justia Opinion Summary: Defendant appealed his conviction and sentence for two counts of theft of government money, one count of Social Security disability fraud, one count of passing a false financial instrument with intent to defraud, and one...

Degnan, et al. v. Sebelius, et al.  
Date: August 25, 2014
Docket Number: 13-3055

Justia Opinion Summary: Plaintiffs filed suit on behalf of themselves and a class, alleging a miscalculation of their Medicare Part B premium calculations. Plaintiffs conceded that they failed to exhaust administrative remedies. Because this ca...

Lee v. Borders  
Date: August 25, 2014
Docket Number: 13-3128

Justia Opinion Summary: Plaintiff filed suit against defendant, an employee of the Center, in state court for battery and under 42 U.S.C. 1983 for deprivation of her substantive due process right to bodily integrity. Plaintiff also filed suit a...

Barnes v. Hammer, et al.  
Date: August 25, 2014
Docket Number: 13-3401

Justia Opinion Summary: Petitioner appealed the denial of his petition for habeas corpus under 28 U.S.C. 2254. The court found that the Minnesota state courts' adjudication of petitioner's ineffective assistance claim was not contrary to Suprem...

Williams v. Holley  
Date: August 25, 2014
Docket Number: 13-3720

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against a former police officer in his individual capacity, alleging that the officer used excessive force in tasing and shooting her father. The district court denied summary ju...

Frederick A. Johnson v. The Bank of New York Mellon
Date: August 25, 2014
Docket Number: 14-1343
Forrest v. Steele  
Date: August 22, 2014
Docket Number: 12-2888

Justia Opinion Summary: Petitioner, convicted of three counts of capital murder and sentenced to death, was denied habeas relief under 28 U.S.C. 2254 but granted a certificate of appealability (COA) on the issue of ineffective assistance of cou...

The Phipps Group v. Don Downing & Adam Levitt, etc.  
Date: August 22, 2014
Docket Numbers: 12-3958, 12-4045

Justia Opinion Summary: This case stemmed from litigation involving long grain rice producers' allegations that Bayer contaminated the United States rice supply. After plaintiffs settled, the district court awarded common benefit fees from a co...

The Phipps Group v. Don Downing & Adam Levitt, etc
Date: August 22, 2014
Docket Number: 12-4045
United States v. Campbell  
Date: August 22, 2014
Docket Numbers: 13-1023, 13-1069

Justia Opinion Summary: Defendants Campbell and Bailey appealed their sentences after pleading guilty to conspiracy to possess with intent to distribute anabolic steroids and conspiracy to commit money laundering. Defendants claimed that the di...

United States v. Steven Campbell
Date: August 22, 2014
Docket Number: 13-1069
Limbeya v. Holder, Jr.  
Date: August 22, 2014
Docket Number: 13-2115

Justia Opinion Summary: Petitioner, a citizen of the Democratic Republic of Congo (DRC), petitioned for review of the BIA's order of removal. An IJ found petitioner's application frivolous and denied all forms of relief. The BIA affirmed. The c...

United States v. Campbell  
Date: August 22, 2014
Docket Number: 13-2287

Justia Opinion Summary: Defendant appealed his sentence and conviction for one count of sex trafficking by force, fraud or coercion; one count of interstate transportation for prostitution; two counts of sex trafficking of a child; and one coun...

Antonio-Fuentes v. Holder, Jr.  
Date: August 22, 2014
Docket Number: 13-2290

Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, petitioned for review of the BIA's denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded...

Downing, et al. v. Goldman Phipps, et al.  
Date: August 22, 2014
Docket Number: 13-2345

Justia Opinion Summary: This case stemmed from litigation involving long grain rice producers' allegations that Bayer contaminated the United States rice supply. Plaintiff class representatives filed suit for unjust enrichment and quantum merui...

United States v. Hickman  
Date: August 22, 2014
Docket Number: 13-2675

Justia Opinion Summary: Defendant appealed his conviction for conspiracy to possess cocaine with intent to distribute. The court concluded that the admission of a witness's identifications during the police interview and at trial did not violat...

Lee Marvin Greenly v. U.S. Department of Agriculture
Date: August 22, 2014
Docket Number: 13-2882
United States v. Roderick Arlyn Sayers
Date: August 22, 2014
Docket Number: 13-3019
United States v. Malagon-Soto  
Date: August 22, 2014
Docket Number: 13-3179

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to illegal reentry by a previously removed alien. The court concluded that the district court did not err in applying a 16-level enhancement under U.S.S.G. 2L1.2(b)(1...

Louana Ledbetter v. Carolyn W. Colvin
Date: August 22, 2014
Docket Number: 13-3182
NE Colorado Cellular v. City of North Platte  
Date: August 22, 2014
Docket Number: 13-3190

Justia Opinion Summary: Viaero sought to construct a telecommunications tower in the City. After the City Council voted to deny Viaero's application for a permit to build the tower, Viaero filed suit for violation of the Telecommunications Act...

United States v. Poe  
Date: August 22, 2014
Docket Number: 13-3325

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to possession of child pornography. The court concluded that the district court did not err in imposing a 20-year sentence that runs consecutive to his state sentence...

United States v. Michael Recker
Date: August 21, 2014
Docket Number: 13-2639
Miller v. Dugan, et al.  
Date: August 21, 2014
Docket Number: 13-2653

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against law enforcement as well as the City of Barling, alleging violations of his rights under the First and Fourth Amendments. Plaintiff subsequently accepted defendants' offer...

Varga v. U.S. Bank Nat'l Assoc.  
Date: August 21, 2014
Docket Number: 13-2709

Justia Opinion Summary: The official liquidator of Palm Beach Funds filed suit against U.S. Bank for aiding and abetting a breach of fiduciary duty, willful and wanton negligence, and gross negligence. The claims arose from the Palm Beach Funds...

United States v. Meidel  
Date: August 21, 2014
Docket Number: 13-3251

Justia Opinion Summary: Defendant appealed the district court's denial of his motion to suppress evidence of a firearm found on his person at the time of arrest after defendant pled guilty to being a felon in possession. Defendant, a convicted...

Francisco Berganza v. Eric H. Holder, Jr.
Date: August 21, 2014
Docket Number: 13-3554
Desiree Kolbek v. Jeanne Estates Apts., Inc.
Date: August 21, 2014
Docket Number: 14-1359
Gibson v. Cook, et al.  
Date: August 20, 2014
Docket Number: 13-2179

Justia Opinion Summary: Plaintiff filed suit asserting various state and federal claims against, inter alia, arresting officers, the City, his public defender, his probation officer, and two county sheriffs for delaying plaintiff's release. On...

Peoples v. Radloff  
Date: August 20, 2014
Docket Number: 13-2686

Justia Opinion Summary: Debtor appealed the the Bankruptcy Appellate Panel's (BAP) decision affirming a decision of the bankruptcy court approving a settlement between the Chapter 7 trustee and the City of Maplewood, and denying debtor's motion...

K.B. v. Waddle, et al.  
Date: August 20, 2014
Docket Number: 13-3000

Justia Opinion Summary: Plaintiff, a juvenile sexually assaulted by another juvenile, filed suit against several public employees, alleging that they were aware of a threat by the assailant but failed to take steps to prevent the abuse by notif...

Thomas Ingrassia v. Carol Dicknette
Date: August 20, 2014
Docket Number: 13-3621
PSC Custom, LP v. United Steel, Paper, etc.  
Date: August 19, 2014
Docket Number: 13-2405

Justia Opinion Summary: The Union appealed from the district court's order vacating an arbitration award. PSC argued that the plain language of the collective bargaining agreement (CBA) and the Standards of Conduct mandate that an employee foun...

Christopher Bates v. Thomas Hadden
Date: August 19, 2014
Docket Number: 13-3224
United States v. Dustin Wertz
Date: August 19, 2014
Docket Number: 13-3557
Sheila Grind v. Carolyn W. Colvin
Date: August 19, 2014
Docket Number: 13-3760
Gwen Caranchini v. Bank of America National Assoc
Date: August 18, 2014
Docket Number: 13-3348
Connie Berry v. Brandon Davis
Date: August 18, 2014
Docket Number: 13-3610
El Dorado Chemical Co. v. EPA, et al.  
Date: August 15, 2014
Docket Number: 13-1936

Justia Opinion Summary: Arkansas imposed more stringent limits on the dissolved minerals EDCC could discharge into two unnamed tributaries (UTA and UTB), and granted EDCC three years to comply. EDCC then initiated a Third Party Rulemaking to in...

EEOC v. Product Fabricators, Inc., et al.  
Date: August 15, 2014
Docket Numbers: 13-2102, 13-2103

Justia Opinion Summary: The EEOC and Adam Breaux, a terminated employee of PFI, appealed the district court's adverse grant of summary judgment in favor of PFI. Breaux asserted that PFI discriminated against him based on his right shoulder inju...

EEOC v. Product Fabricators, Inc.
Date: August 15, 2014
Docket Number: 13-2103
Nunez-Portillo v. Holder, Jr.  
Date: August 15, 2014
Docket Number: 13-2256

Justia Opinion Summary: Petitioner, a native and citizen of Mexico, petitioned for review of the discretionary denial of his application for cancellation of removal under 8 U.S.C. 1229b(b). The court concluded that petitioner's argument that th...

Doucette v. Morrison County, Minnesota  
Date: August 15, 2014
Docket Number: 13-2424

Justia Opinion Summary: Plaintiff filed suit under the Minnesota Human Rights Act (MHRA), Minn. Stat. 363A et seq., alleging that the County discriminated her based on her sex and her age when they terminated her employment. Plaintiff also clai...

Cody v. Prairie Ethanol, LLC  
Date: August 15, 2014
Docket Number: 13-2618

Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment in favor of Prairie Ethanol on his claim of disability discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. 12201 et seq. Assuming, w...

Withers v. Johnson, et al.  
Date: August 15, 2014
Docket Number: 13-2646

Justia Opinion Summary: Plaintiff filed suit against defendant, individually and in his official capacity as a circuit judge, alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., the Rehabilitation Act, 29...

United States v. Givens  
Date: August 15, 2014
Docket Number: 13-2713

Justia Opinion Summary: Defendant, convicted of a firearms and a possession charge, appealed the district court's denial of his motion to suppress evidence obtained during a traffic stop of his vehicle and the evidence obtained during a search...

United States v. Huascar Galvez Montoya
Date: August 15, 2014
Docket Number: 13-2888
United States v. Roderick Lewis
Date: August 15, 2014
Docket Number: 13-2990
Brandon Scroggin v. Credit Bureau of Jonesboro
Date: August 15, 2014
Docket Number: 13-3346
Kelly Moberg v. Phillips Electronics
Date: August 15, 2014
Docket Number: 13-3721
Keith Brown v. Carolyn W. Colvin
Date: August 15, 2014
Docket Number: 13-3759
Eric Vimont v. Bryon Haugen
Date: August 15, 2014
Docket Number: 14-1113
Terry Plunk v. Ray Hobbs
Date: August 14, 2014
Docket Number: 12-1309
Jacobson v. McCormick, et al.  
Date: August 14, 2014
Docket Number: 12-3530

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the two officers who stripped searched him, alleging that the officers violated his rights under the Fourth Amendment. The court affirmed the district court's grant of su...

Sentis Group, et al. v. Shell Oil Co., et al.  
Date: August 14, 2014
Docket Number: 12-3623

Justia Opinion Summary: Sentis filed suit against Shell, alleging contract and fraud claims, and violations of Missouri franchise laws as well as the Petroleum Marketing Practices Act, 15 U.S.C. 2801 et seq. The court agreed with the district c...

United States v. Dautovic  
Date: August 14, 2014
Docket Numbers: 13-1145, 13-1493

Justia Opinion Summary: Defendant, a police officer, was found guilty of willfully depriving another person of the right to be free from the use of unreasonable force and knowingly falsifying a police report with the intent to obstruct justice....

United States v. Mersed Dautovic
Date: August 14, 2014
Docket Number: 13-1493
Meehan v. Thompson  
Date: August 14, 2014
Docket Number: 13-2680

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against a law enforcement officer for violating her Fourth Amendments rights and for battery and false imprisonment under Minnesota law. The district court denied defendant's mot...

Bryan Behrens v. U.S. Bank National Association
Date: August 14, 2014
Docket Number: 13-2700
United States v. Roberts  
Date: August 14, 2014
Docket Number: 13-3275

Justia Opinion Summary: Defendant appealed his sentence after being convicted of two counts of bank robbery. The district court sentenced defendant to life imprisonment because he previously had been convicted of two serious violent felonies. T...

Bryan Behrens v. GMAC Mortgage, LLC
Date: August 14, 2014
Docket Number: 14-1020
Bryan Behrens v. U.S. Bank National Association
Date: August 14, 2014
Docket Number: 14-1038
Bryan Behrens v. U.S. Bank National Association
Date: August 14, 2014
Docket Number: 14-1041
United States v. Jose Valencia-Mata
Date: August 14, 2014
Docket Number: 14-1614
National Union Fire Ins. Co. v. Hometown Bank, N.A., et al.  
Date: August 13, 2014
Docket Number: 13-2184

Justia Opinion Summary: This case arose when an investment advisor committed fraud by opening a doing-business-as ("d/b/a") bank account using the name of his employer when he did not have the employer's authority to do so. The employer's insur...

Freeman v. Wyeth, et al.  
Date: August 13, 2014
Docket Number: 13-3556

Justia Opinion Summary: Plaintiff filed suit against Wyeth, alleging that she developed breast cancer after using Wyeth's's hormone therapy medication, Prempro. The Judicial Panel on Multidistrict Litigation transferred the case to the the East...

United States v. Ricardo Hernandez
Date: August 13, 2014
Docket Number: 13-3678
Alemayehu Getachew v. West Side Transport
Date: August 13, 2014
Docket Number: 14-1052
Troy Smith v. City of St. Ann
Date: August 12, 2014
Docket Number: 13-2801
United States v. Stanko  
Date: August 12, 2014
Docket Number: 13-2994

Justia Opinion Summary: The district court found that defendant's refusal to complete a Post-Conviction Risk Assessment (PCRA) violated a condition of his supervised release and sentenced him to seven days imprisonment with no term of supervise...

United States v. Parker  
Date: August 11, 2014
Docket Numbers: 13-1592, 13-1714

Justia Opinion Summary: Defendant appealed his 100-month prison sentence for drug offenses for being too long and the Government appealed defendant's sentence for being too short. At issue was the ambiguity of the career offender enhancement un...

Brown v. Brown-Thill  
Date: August 11, 2014
Docket Numbers: 13-1708, 13-1795, 13-1710, 13-1797

Justia Opinion Summary: Richard L. Brown and Susan Brown-Thill, co-trustees of the EDB Trust, signed an Arbitration Agreement for resolving a broad range of disputes. These consolidated appeals concern two awards following an initial arbitratio...

Richard Brown v. Susan Brown-Thill
Date: August 11, 2014
Docket Number: 13-1710
Richard Brown v. Susan Brown-Thill
Date: August 11, 2014
Docket Number: 13-1795
Richard Brown v. Susan Brown-Thill
Date: August 11, 2014
Docket Number: 13-1797
Anderson, Jr. v. United States  
Date: August 8, 2014
Docket Number: 12-2566

Justia Opinion Summary: Petitioner, convicted of a drug offense, appealed the district court's dismissal of his motion for post-conviction relief under 28 U.S.C. 2255. Plaintiff alleged that his counsel was ineffective in failing to move to sup...

Syngenta Seeds, Inc. v. Bunge North America, Inc.  
Date: August 8, 2014
Docket Number: 13-1391

Justia Opinion Summary: Syngenta, producer of a genetically-modified corn seed, filed suit against Bunge, an agricultural produce storage and transport company, alleging breach of an obligation under the United States Warehouse Act (USWA), 7 U....

United States v. Deering, Sr.  
Date: August 8, 2014
Docket Number: 13-2237

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty without a plea agreement to various drug and firearms offenses. The court concluded that the district court did not commit procedural error in applying a U.S.S.G. 5K1...

Walls v. Tadman, et al.  
Date: August 8, 2014
Docket Number: 13-2262

Justia Opinion Summary: Plaintiff filed suit against prison officials after he was attacked three times by fellow inmates over the course of about a year and a half. Plaintiff claimed that the officials violated his Eighth Amendment right again...

Dowell v. Lincoln County, Missouri, et al.  
Date: August 8, 2014
Docket Number: 13-2317

Justia Opinion Summary: Plaintiff filed suit against the County and others under 42 U.S.C. 1983, after he was investigated and prosecuted for rape and murder. On appeal, plaintiff argued that the district court erred in granting defendants summ...

Adkisson, et al. v. Blytheville Sch. Dist. #5  
Date: August 8, 2014
Docket Number: 13-2477

Justia Opinion Summary: Plaintiffs, parents of minor children who reside in the District, filed suit challenging a resolution to exempt the District from the Public School Choice Act of 2013, Ark. Code Ann. 6-18-1901 et seq. Plaintiffs alleged...

Franco v. United States  
Date: August 8, 2014
Docket Number: 13-2607

Justia Opinion Summary: Petitioner, convicted of conspiracy to distribute 50 grams or more of methamphetamine, appealed the district court's denial of his motion to vacate his sentence under 28 U.S.C. 2255(b). Petitioner alleged that his attorn...

ASARCO v. Union Pacific Railroad Co.  
Date: August 8, 2014
Docket Number: 13-2830

Justia Opinion Summary: Asarco filed suit against UP alleging breach of contract and seeking contribution regarding a dispute about environmental liability for a lead refinery and smelter which polluted Omaha, Nebraska. The district court grant...

Ronald Byers v. CIR
Date: August 8, 2014
Docket Number: 13-2917
United States v. Callaway  
Date: August 8, 2014
Docket Number: 13-3217

Justia Opinion Summary: Defendant appealed his sentence after being convicted of ten counts of wire fraud and one count of mail fraud for obtaining from his disabled cousin some $300,000 through a fraudulent scheme. The court concluded that the...

Sailor Music, et al. v. Walker  
Date: August 8, 2014
Docket Number: 14-6012

Justia Opinion Summary: Debtor, a managing member of Twister's Iron Horse Saloon, appealed the bankruptcy court's order determining that a debt arising from a civil judgment in favor of appellees for copyright infringement was excepted from dis...

Tabitha Kanake v. Eric H.Holder, Jr.
Date: August 7, 2014
Docket Number: 13-1961
Goswell-Renner v. Holder, Jr.  
Date: August 7, 2014
Docket Number: 13-2176

Justia Opinion Summary: Petitioner, a citizen of Gambia, petitioned for review of the BIA's dismissal of her appeal from an IJ's order that she be removed from the United States. The court concluded that there was substantial evidence to suppor...

Whitman v. Colvin  
Date: August 7, 2014
Docket Number: 13-2215

Justia Opinion Summary: Plaintiff appealed the denial of disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-434. The court agreed with the district court that the ALJ properly articulated his reasons for gran...

Silva v. Metropolitan Life Ins. Co., et al.  
Date: August 7, 2014
Docket Number: 13-2233

Justia Opinion Summary: Plaintiff filed suit against his deceased son's employer and the insurer, MetLife, under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq, after plaintiff was denied benefits of the son'...

Paulos v. Stryker Corp., et al.  
Date: August 7, 2014
Docket Numbers: 13-2509, 13-2647

Justia Opinion Summary: Plaintiff, an orthopedic surgeon and former consultant at Stryker, filed suit alleging that Stryker and I-Flow violated the False Claims Act (FCA), 31 U.S.C. 3729-3733, by marketing their pain pumps to encourage the plac...

Lonnie Paulos v. Stryker Corporation
Date: August 7, 2014
Docket Number: 13-2647
Booker v. The City of Saint Paul  
Date: August 7, 2014
Docket Number: 13-2747

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the City, challenging the state's vehicle forfeiture proceeding under Minnesota Stat. 169A.63, Subdiv. 8(b). After looking at the three Mathews v. Eldridge factors, the c...

Nebraska Machinery Co. v. Cargotec Solutions, LLC  
Date: August 7, 2014
Docket Number: 13-2753

Justia Opinion Summary: Cargotec appealed the district court's conclusion that Cargotec's contract with NMC did not contain arbitration and indemnification provisions. As a preliminary matter, the court concluded that whether the arbitration cl...

United States v. Larry Thornton, II
Date: August 7, 2014
Docket Number: 13-2972
Theo Smith v. Ghana Commercial Bank, Ltd.
Date: August 7, 2014
Docket Number: 13-3776
United States v. Patrick Allen
Date: August 7, 2014
Docket Number: 14-1222
United States v. Bassett  
Date: August 6, 2014
Docket Number: 13-2642

Justia Opinion Summary: Defendant appealed his conviction for conspiracy to commit bank robbery, possession of a firearm in furtherance of a crime of violence, and being a felon in possession of a firearm. The court concluded that the evidence...

Stephen O'Berry v. United States
Date: August 6, 2014
Docket Number: 13-2669
United States v. Enrique Guzman
Date: August 6, 2014
Docket Number: 13-3068
Syveno Wright v. Janne Johnson
Date: August 6, 2014
Docket Number: 13-3344
Blazek v. Santiago  
Date: August 5, 2014
Docket Numbers: 12-3785, 12-3786

Justia Opinion Summary: Plaintiff filed suit against Officers Santiago and Roth, the City, and the State, alleging constitutional violations under 42 U.S.C. 1983 and state-law violations when the officers unlawfully seized him and used excessiv...

Marcus Blazek v. Juan Santiago
Date: August 5, 2014
Docket Number: 12-3786
Toland v. Colvin  
Date: August 5, 2014
Docket Number: 13-2838

Justia Opinion Summary: Plaintiff appealed the denial of her applications for disability insurance benefits (DIB) and supplemental security income (SSI). Plaintiff argued that the ALJ failed to give adequate weight to her treating physician's o...

Hawkins, et al. v. Community Bank of Raymore  
Date: August 5, 2014
Docket Number: 13-3065

Justia Opinion Summary: Plaintiffs, who guaranteed loans for their husbands' company, appealed the district court's grant of summary judgment in favor of Community on their claim under the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691 et...

United States v. Killen  
Date: August 5, 2014
Docket Number: 13-3105

Justia Opinion Summary: Defendant appealed her sentence after pleading guilty to one count of making a false statement to the government in connection with her receipt of Supplemental Security Income (SSI) benefits from the SSA. The court concl...

United States v. Gretchen Hoyle
Date: August 5, 2014
Docket Number: 13-3588
United States v. Omoware  
Date: August 5, 2014
Docket Number: 13-3771

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm. The court concluded that defendant and his counsel were not entitled to advance notice before the district court imposed...

United States v. Axsom, II  
Date: August 4, 2014
Docket Number: 12-3703

Justia Opinion Summary: Defendant appealed his conviction for possessing and distributing child pornography. The court concluded that the district court did not misapply Rule 414 in admitting into evidence defendant's prior conviction for traff...

United States v. Steven Gwin
Date: August 4, 2014
Docket Number: 13-2497