2015 Eighth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1108
Date: December 29, 2015
Docket Number: 14-3786
Justia Opinion Summary: Plaintiff filed suit under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., alleging that her former employer, Mosaic, interfered with her FMLA rights and terminated her employment in violation of public…
Date: December 29, 2015
Docket Numbers: 15-1263, 15-1349
Justia Opinion Summary: Defendants Levon and Jamal Dean appealed their convictions for armed robberies of drug dealers in violation of the Hobbs Act, 18 U.S.C. 1951, and related counts. The court concluded that, under the court's precedent,…
Date: December 28, 2015
Docket Number: 14-2734
Justia Opinion Summary: Plaintiff, individually and as surviving spouse of Arlie Walls, filed suit against Petrohawk alleging claims related to an oil and gas lease. The court concluded that Petrohawk's failure to pay royalties in a timely…
Date: December 28, 2015
Docket Number: 14-3898
Justia Opinion Summary: Petitioners filed suit against BNSF and its contractor, Massman, alleging that the loss they suffered when their family farm was flooded was caused by BNSF's maintenance of a railway embankment running across their farm.…
Date: December 28, 2015
Docket Number: 15-1418
Justia Opinion Summary: Plaintiff filed suit against NSP under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219, for failure to pay overtime wages. On appeal, NSP challenged the district court's denial of its motion for summary judgement…
Date: December 28, 2015
Docket Number: 15-1714
Justia Opinion Summary: Plaintiff filed suit against defendants for copyright infringement and conversion. The district court granted defendants' motion to dismiss plaintiff's claim for copyright infringement and denied plaintiff's motion for…
Date: December 28, 2015
Docket Number: 15-3603
Justia Opinion Summary: An attorney petitioned for a writ of mandamus and/or prohibition directing the district court to set aside an order that disqualified counsel from representing three witnesses in a grand jury proceeding and to schedule a…
Date: December 28, 2015
Docket Number: 15-6026
Justia Opinion Summary: Debtor appealed the bankruptcy court's order denying her discharge for failure to list a number of assets and prepetition transfers in her bankruptcy schedules pursuant to 11 U.S.C. 727(a)(4)(A). The Bankruptcy Appellate…
Date: December 23, 2015
Docket Number: 14-3559
Justia Opinion Summary: Petitioner, a citizen of Honduras, petitioned for review of the BIA's order denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The BIA agreed with the…
Date: December 23, 2015
Docket Number: 14-3606
Justia Opinion Summary: Plaintiff filed suit against the Marshals seeking damages pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics. Plaintiff alleged that the Marshals’ false arrest, unreasonable search and seizure,…
Date: December 23, 2015
Docket Number: 15-1246
Justia Opinion Summary: Defendant appealed the revocation of his supervised release and imposition of a sentence of 24 months' imprisonment. The court concluded that the district court did not abuse its discretion by admitting a probation…
Date: December 22, 2015
Docket Number: 15-1090
Justia Opinion Summary: Defendant, the Director of Industry Operations for the Kansas City Field Division of the ATF, denied Harris News' application for a federal license to sell guns based on the ground that Harris News and co-owners…
Date: December 21, 2015
Docket Number: 15-1082
Justia Opinion Summary: Defendant pled guilty to conspiracy to distribute 500 grams or more of methamphetamine and conspiracy to launder money. On appeal, defendant challenged his sentence of 210 months imprisonment. The court concluded that…
Date: December 21, 2015
Docket Number: 15-1375
Justia Opinion Summary: CMI filed suit against Bancorp, alleging breach of contract after Bancorp refused to cure or repurchase eleven loans. The district court granted summary judgment for CMI on eight of the eleven loans. Determining that…
Date: December 21, 2015
Docket Number: 15-6029
Justia Opinion Summary: Debtor appealed the bankruptcy court's decision finding that some, but not all, of her student loan obligations to NCT are nondischargeable. The court concluded that the bankruptcy court did not clearly err in its fact…
Date: December 17, 2015
Docket Number: 15-1678
Justia Opinion Summary: Plaintiff, an incarcerated state inmate, filed suit under 42 U.S.C. 1983, alleging deliberate indifference to her serious medical needs. Plaintiff alleged that defendants refused to provide hormone replacement therapy…
Date: December 15, 2015
Docket Numbers: 13-3394, 14-3195
Justia Opinion Summary: The US filed suit on behalf of the USDA to enjoin dissolution of the Benton County Sewer District No. 1. A Voter Representative Group seeks to intervene. The district court denied the motion. The court affirmed,…
Date: December 15, 2015
Docket Number: 14-3411
Justia Opinion Summary: Wolfe filed suit against Universal for a declaration of its rights under an insurance policy, as well as for breach of contract and vexatious refusal to pay. Universal counterclaimed for declaratory judgment in its…
Date: December 15, 2015
Docket Number: 15-1219
Justia Opinion Summary: Plaintiffs, 19 workers employed by Degeller, filed a class action suit on behalf of themselves and similarly situated Deggeller employees. The court concluded that the district court erred in dismissing the breach of…
Date: December 15, 2015
Docket Number: 15-1338
Justia Opinion Summary: Mechanics, members of the Union and employees of Metro, filed a declaratory judgment action, seeking a declaration under section 13(c) of the Urban Mass Transportation Act of 1964 (UMTA), 49 U.S.C. 5333, that Metro must…
Date: December 15, 2015
Docket Number: 15-1669
Justia Opinion Summary: This appeal stems from a settlement agreement involving a patent infringement dispute between ACI Worldwide and JBTS. On appeal, ACI Worldwide challenged the district court's denial of its motion for partial summary…
Date: December 14, 2015
Docket Number: 14-3365
Justia Opinion Summary: BLB filed suit against Jet Linx and Jamie Walker for damages arising from breach of contract. Jet Linx counterclaimed. The district court awarded damages to both parties and both parties appealed. The court concluded…
Date: December 14, 2015
Docket Number: 14-3717
Justia Opinion Summary: GMM appealed the district court's decision to uphold a financial decision and order of the DOL ARB that found GMM violated several provisions of the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., relating…
Date: December 11, 2015
Docket Numbers: 14-2858, 14-2862
Justia Opinion Summary: Petitioners, natives and citizens of Gambia, petitioned for review of the BIA's orders affirming the IJ's denial of their applications for waiver of inadmissibility and denying their motions to remand. The court…
Date: December 11, 2015
Docket Number: 14-3740
Justia Opinion Summary: Plaintiffs filed suit against the Arkansas State Board of Dental Examiners's executive director and members of the Board, alleging that the Board’s enforcement of the Arkansas Dental Practice Act, Ark. Code Ann.…
Date: December 10, 2015
Docket Number: 14-2762
Justia Opinion Summary: The government filed suit against Dico to recover damages for cleanup costs after Dico sold buildings to SIM, which were then torn down and stored in an open field where PCBs were later found. The government alleged that…
Date: December 10, 2015
Docket Number: 14-3702
Justia Opinion Summary: Defendant appealed his conviction and sentence for distributing cocaine and other offenses. The court held that district courts and counsel should take appropriate measures to minimize the problems that may arise from…
Date: December 10, 2015
Docket Number: 14-3797
Justia Opinion Summary: USCIS determined that because Juan Reyes-Soto had violated South Carolina Code 16-23-410, South Carolina’s “Pointing firearm at another person” statute, he had committed an aggravated felony and thus could not establish…
Date: December 10, 2015
Docket Number: 14-3836
Justia Opinion Summary: This appeal stems from a dispute regarding the continued validity of an oil and gas lease covering land in Williams County, North Dakota. Appellants challenged the district court's grant of Northern Oil's and Limsco's…
Date: December 9, 2015
Docket Number: 14-3704
Justia Opinion Summary: Plaintiffs, five female Drug Court participants, filed suit under 42 U.S.C. 1983, seeking damages for injuries resulting from sexual abuse by Scott Edwards, a Lieutenant in the Lincoln County Sheriff’s Department, while…
Date: December 9, 2015
Docket Number: 15-1607
Justia Opinion Summary: Defendant pleaded guilty to illegal reentry after removal and subsequently appealed his sentence. The district court determined that defendant's prior conviction for domestic assault was a felony, which increased the…
Date: December 8, 2015
Docket Number: 14-3030
Justia Opinion Summary: Petitioner, a Mexican native and citizen, petitioned for review of the BIA's order affirming the IJ's denial of his application for cancellation of removal. The court concluded that substantial evidence supports the…
Date: December 8, 2015
Docket Number: 14-3423
Justia Opinion Summary: Plaintiff appealed the denial of disability insurance benefits and supplemental security income, contending that the ALJ failed to properly weigh certain medical opinions in the record. The court concluded that the ALJ…
Date: December 8, 2015
Docket Number: 15-1292
Justia Opinion Summary: Defendant conditionally pleaded guilty to being a felon in possession of a firearm and subsequently appealed the denial of his motion to suppress evidence. The firearm at issue was discovered during a stop and frisk. The…
Date: December 7, 2015
Docket Numbers: 13-3264, 14-1145
Justia Opinion Summary: Linn State's Board of Regents adopted a mandatory drug screening policy. Plaintiffs filed suit challenging the drug screening policy. In Barrett v. Claycomb, a panel of this court reviewed an interlocutory appeal,…
Date: December 7, 2015
Docket Number: 14-3146
Justia Opinion Summary: Defendant pled guilty to bank robbery and was sentenced to life in prison under 18 U.S.C. 3559(c) based on a prior court-martial conviction. The court held that defendant's conviction by general court-martial is a…
Date: December 7, 2015
Docket Number: 14-3522
Justia Opinion Summary: Great West filed suit seeking a declaratory judgment that National is contractually obligated to defend and indemnify an owner-operator of a semi-tractor in a pending state court suit. The court concluded that the…
Date: December 7, 2015
Docket Number: 14-3725
Justia Opinion Summary: Plaintiff appealed the denial of supplemental security income (SSI) and disability insurance benefits (DIB). The court concluded that there is no proof that the ALJ did not consider the nurse practitioner's opinion as an…
Date: December 7, 2015
Docket Number: 15-1239
Justia Opinion Summary: Plaintiff appealed the denial of supplemental security income (SSI) where the ALJ found that plaintiff was not disabled because he could perform sedentary work. The court concluded that the ALJ correctly gave less weight…
Date: December 4, 2015
Docket Number: 14-3274
Justia Opinion Summary: This appeal stemmed from a copyright dispute over the 2012 motion picture "Killer Joe." Plaintiff filed suit against defendant for copyright infringement and defendant counterclaimed for a declaratory judgment. The…
Date: December 3, 2015
Docket Number: 14-3377
Justia Opinion Summary: Petitioner appealed the denial of his 28 U.S.C. 2241 petition for habeas corpus relief, challenging the Parole Commission's denial of early release under 18 U.S.C. 4206(d). Pursuant to Jones v. U.S. Bureau of Prisons,…
Date: December 3, 2015
Docket Number: 14-3866
Justia Opinion Summary: Plaintiff pleaded guilty to two counts of being a felon in possession of a firearm and one count of distribution and possession with intent to distribute a mixture or substance containing PCP and marijuana. On appeal,…
Date: December 3, 2015
Docket Number: 15-1441
Justia Opinion Summary: Plaintiffs, six homecare providers, filed suit challenging Minnesota's Individual Providers of Direct Support Services Representation Act, Minn. Stat. 179A.54, 179A.06. The Act allows homecare providers for Medicaid…
Date: December 3, 2015
Docket Number: 15-3550
Justia Opinion Summary: Petitioner moved for authorization to file a successive motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, seeking to present a new claim based on Johnson v. United States. The court concluded…
Date: December 2, 2015
Docket Number: 15-6012
Justia Opinion Summary: Debtor appealed the bankruptcy court's order overruling her objection to the chapter 7 trustee's final report and denying her motion to compel the chapter 7 trustee to abandon $16,893.44 he had received from the Ruth E.…
Date: December 1, 2015
Docket Number: 14-3023
Justia Opinion Summary: Defendant, a debt collector, was convicted of eleven counts of bank fraud, nine counts of mail fraud, two counts of wire fraud, ten counts of aggravated identity theft, and one count of impersonating a federal officer or…
Date: December 1, 2015
Docket Number: 14-3098
Justia Opinion Summary: Defendant appealed the district court's grant of summary judgment allowing Northwestern to rescind a disability insurance policy. The court concluded that Northwestern’s evidence is insufficient to show that it is…
Date: December 1, 2015
Docket Number: 14-3623
Justia Opinion Summary: Plaintiff, a native and citizen of India, sought review of the USCIS revocation of an I-140 petition and denial of his I-485 adjustment-of-status application. The district court dismissed for lack of subject matter…
Date: November 30, 2015
Docket Number: 14-3588
Justia Opinion Summary: Defendant pleaded guilty to drug offenses and subsequently appealed the denial of his motion seeking a psychological examination and competency hearing. The court found no abuse of the district court's discretion because…
Date: November 30, 2015
Docket Number: 15-1331
Justia Opinion Summary: Defendant pled guilty to retaliating against a witness and subsequently appealed his sentence following the revocation of his supervised release. The court concluded that, although defendant's 24-month sentence was…
Date: November 30, 2015
Docket Number: 15-6021
Justia Opinion Summary: Creditor appealed from the bankruptcy court's order denying his motion to dismiss debtor's bankruptcy petition. The bankruptcy court ruled that the Bankruptcy Code merely requires the debtor to establish that she had…
Date: November 27, 2015
Docket Number: 14-3064
Justia Opinion Summary: Plaintiff, an incarcerated felon, filed suit against defendants, alleging that the Arkansas Freedom of Information Act, Ark. Code Ann. 25-19-105(a)(1)(B), violates the equal protection and due process clauses of the…
Date: November 27, 2015
Docket Number: 15-1820
Justia Opinion Summary: After defendant was placed on supervised release, he admitted to violating a term of his supervised release by committing another federal, state, or local crime. The district court sentenced defendant to 25 months…
Date: November 24, 2015
Docket Number: 15-1466
Justia Opinion Summary: Petitioner, convicted of capital murder, appealed the denial of his petition for habeas relief under 28 U.S.C. 2254. Petitioner argued that his conviction is not supported by sufficient evidence and his constitutional…
Date: November 23, 2015
Docket Numbers: 14-2998, 14-3196
Justia Opinion Summary: Defendants Lee and Haire appealed their convictions for drug-related and weapons-related crimes. The court concluded that the district court did not abuse its discretion in admitting wiretapped phone conversations; the…
Date: November 23, 2015
Docket Number: 14-3213
Justia Opinion Summary: Defendant appealed his conviction for being a felon in possession of a firearm, contending that the district court erred in denying his motion to suppress evidence gathered from a drug-detection dog sniff, a subsequent…
Date: November 23, 2015
Docket Numbers: 15-2174, 15-2240, 15-2441, 15-2518
Justia Opinion Summary: Defendants appealed their sentences and the government filed a motion to dismiss based on defendants' voluntary plea agreements broadly waiving their right to appeal. The court concluded that the narrow exception in…
Date: November 20, 2015
Docket Number: 15-3531
Justia Opinion Summary: Petitioner, convicted of being a felon in possession of a firearm and ammunition, seeks authorization to file a successive 28 U.S.C. 2255 motion. Petitioner contends that the Supreme Court established a new rule made…
Date: November 18, 2015
Docket Number: 14-2924
Justia Opinion Summary: Petitioner, a Kenyan citizen, petitioned for review of the BIA's affirmance of the IJ's decision that petitioner had waived his application to adjust his status to that of lawful permanent resident and denial of his…
Date: November 18, 2015
Docket Number: 15-1107
Justia Opinion Summary: Defendant was convicted of four felonies after he impersonated an FBI agent and threatened a married couple living in South Dakota as part of a scheme to steal their property. On appeal, defendant challenged the district…
Date: November 18, 2015
Docket Number: 15-1363
Justia Opinion Summary: Defendant entered a conditional plea of guilty to the charge of felon in possession of a firearm. On appeal, defendant challenged the denial of his motion to suppress evidence. The court concluded that the stop of the…
Date: November 18, 2015
Docket Number: 15-1635
Justia Opinion Summary: Plaintiff appealed the MDHS Commissioner's decision to the state district court, claiming that Minn. Stat. 256L.07 violates federal laws, as well as Minnesota state law. While his state court action was pending,…
Date: November 17, 2015
Docket Number: 15-1340
Justia Opinion Summary: About five hours prior to filing for bankruptcy, debtor received an income tax refund for her federal and state income taxes, including an earned income tax credit (EIC). The bankruptcy court exempted some of debtor’s…
Date: November 17, 2015
Docket Number: 15-1381
Justia Opinion Summary: Plaintiff filed suit against defendant, the law firm representing plaintiff's landlord in a suit for unpaid rent, alleging violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e. Plaintiff claimed…
Date: November 10, 2015
Docket Numbers: 14-2808, 14-2848
Justia Opinion Summary: Spectra filed suit against the City, alleging that the City violated federal and Missouri law by requiring Spectra to comply with a local ordinance governing public rights of way. Determining that Spectra's 42 U.S.C.…
Date: November 10, 2015
Docket Number: 14-2848
Date: November 4, 2015
Docket Number: 15-1052
Justia Opinion Summary: Plaintiff appealed the dismissal of his disability discrimination and constructive discharge claims against SNS. The court concluded that, viewing the facts in the light most favorable to plaintiff, a reasonable person…
Date: November 2, 2015
Docket Number: 14-3873
Justia Opinion Summary: Petitioner, a citizen and national of Honduras, petitioned for review of the BIA's affirmance of the IJ's denial of his application for cancellation of removal. Petitioner claimed that the IJ and the BIA failed to…
Date: November 2, 2015
Docket Number: 15-6009
Justia Opinion Summary: Debtors appealed the bankruptcy court's confirming of their amended Chapter 13 plan. The court held that when a Chapter 13 debtor’s treatment of a creditor under one subsection of 11 U.S.C. 1322(b) falls within the…
Date: October 30, 2015
Docket Number: 14-3025
Justia Opinion Summary: Quality Ag filed suit contending that it owns a sidetrack by means of adverse possession due to its continuous possession of the sidetrack from August 25, 2000 to August 25, 2010. BNSF has stored equipment on the…
Date: October 30, 2015
Docket Number: 15-2388
Justia Opinion Summary: Plaintiff appealed the district court's dismissal of his civil action without prejudice. The district court construed plaintiff's motion to proceed in forma pauperis on appeal as also seeking relief under Rule 60(b) of…
Date: October 29, 2015
Docket Number: 15-1491
Justia Opinion Summary: Defendant plead guilty to a drug-related charge after the vehicle in which he was a passenger was stopped by the state police and an inventory search revealed a kilogram of cocaine inside the air filter box in the engine…
Date: October 29, 2015
Docket Number: 15-6019
Justia Opinion Summary: This case arose out of the Chapter 7 bankruptcy proceeding filed by debtor. Debtor appealed from the bankruptcy court's order sustaining the bankruptcy trustee’s objection to her claim of an exemption in certain real…
Date: October 22, 2015
Docket Number: 14-1573
Justia Opinion Summary: Life Investors filed suit against defendants, alleging breach of a settlement agreement that required defendants to repay advances of monies defendants received from Life Investors. On appeal, defendants challenged the…
Date: October 22, 2015
Docket Number: 14-3359
Justia Opinion Summary: Plaintiff, the executrix of her husband's estate, along with her husband's former business, Federal City, filed suit against Life Investors for conversion and tortious interference with a contract. On appeal, plaintiffs…
Date: October 16, 2015
Docket Number: 15-1480
Justia Opinion Summary: During a search, Garcia-Hernandez told the agents they would find five firearms at his apartment—a .38, .45, .22, and two rifles. Searching his one-bedroom apartment, the agents found two firearms—a .38 and a .22…
Date: October 14, 2015
Docket Number: 13-3645
Justia Opinion Summary: The Army hired URS to destroy munitions at a facility in Arkansas. Smith, a black male, was hired by URS as a full-time temporary instructor/trainer for employees on the Arkansas project. Within months URS hired another…
Date: October 14, 2015
Docket Number: 14-2883
Justia Opinion Summary: Remington manufactured O’Neal’s Model 700 .243 caliber bolt-action rifle in 1971, using the “Walker trigger.” As early as 1979, Remington knew that the Walker trigger can cause the rifles to fire a round when the safety…
Date: October 14, 2015
Docket Number: 15-1099
Justia Opinion Summary: Muiruri, a native of Kenya, overstayed his student visa. Immigration officials apprehended him. In a sworn statement, Muiruri admitted to falsely representing himself as a U.S. citizen. The Department of Homeland…
Date: October 14, 2015
Docket Number: 15-1285
Justia Opinion Summary: In 2011, Singh entered the U.S. through Texas, without a valid entry document, violating 8 U.S.C. 1182(a)(7)(A)(i)(I). Singh is a Sikh and a member of the Shirmoani Akali Dal Amritsar (Mann Party). Detained by DHS, Singh…
Date: October 13, 2015
Docket Number: 13-1310
Justia Opinion Summary: Loren Cook manufactures air circulating equipment, using lathes to form and mold metal discs. Lathes operate by holding heavily lubricated pieces of metal that rotate rapidly, allowing the lathe operator to apply tools…
Date: October 13, 2015
Docket Number: 14-3084
Justia Opinion Summary: Plaintiffs sell technology that permits computers to identify license-plate numbers in digital photographs taken by cameras mounted on vehicles. The cameras automatically photograph everything the vehicles encounter,…
Date: October 9, 2015
Docket Number: 14-2635
Justia Opinion Summary: Taylor pled guilty to possessing a prohibited object in prison and received a sentencing enhancement for committing a "crime of violence" under the career offender guideline, U.S.S.G. 4B1.1(a). While his appeal was…
Date: October 6, 2015
Docket Number: 14-2186
Justia Opinion Summary: The Swecker farm in Iowa has a wind generator and is a qualifying power production facility certified by the Federal Energy Regulatory Commission (FERC). The Sweckers sell surplus electric energy to Midland Power…
Date: October 5, 2015
Docket Number: 11-3514
Justia Opinion Summary: Relators filed related qui tam actions, alleging that government contractors, including Cisco, committed fraud against the government by means of a kickback and defective pricing schemes in violation of the False Claims…
Date: October 1, 2015
Docket Number: 14-2981
Justia Opinion Summary: Around 4:20 a.m. Zhukov, driving a tractor-trailer on I-80, struck an object in the road. His vehicle lost air-brake pressure. Zhukov stopped with the trailer in the right-hand lane. Experts opined that he could have…
Date: September 30, 2015
Docket Number: 14-1320
Justia Opinion Summary: Mowlana, a native of Somalia, was admitted to the United States as a refugee in 2000 and became a lawful permanent resident in 2002. He was ordered removed from the U.S. after the Board of Immigration Appeals concluded…
Date: September 18, 2015
Docket Number: 14-1606
Justia Opinion Summary: In 2006, fire destroyed Calvin’s home. His insurer paid the claim, but indicated that it would not reinsure him. Calvin rebuilt on the same land and applied for a policy through the Mackey Agency. Calvin answered…
Date: September 18, 2015
Docket Numbers: 14-3112, 14-1707
Justia Opinion Summary: In 2012, Agent Smith with the North Dakota Bureau of Criminal Investigations investigated computer IP addresses in North Dakota that were suspected of downloading child pornography. The IP addresses were traced back to…
Date: September 17, 2015
Docket Numbers: 14-2726, 14-1507
Justia Opinion Summary: The Departments of Health and Human Services (HHS), Labor (DOL), and Treasury appealed a preliminary injunction that enjoins the government from enforcing the contraceptive mandate provisions of the Patient Protection…
Date: September 15, 2015
Docket Number: 14-2191
Justia Opinion Summary: Phillips owns an underground petroleum pipeline, built in 1930. A 1963 report stated that 100 barrels of leaded gasoline had leaked beneath West Alton, Missouri, and not been recovered. The leak was repaired. In 2002 a…
Date: September 14, 2015
Docket Number: 14-2985
Justia Opinion Summary: Hall, smelling strongly of alcohol, crashed a bicycle into a garage. Police sent Hall to Ramsey County Detox Center. Cameras captured some of what followed. Around 5:20 a.m., Hall complained of leg pain to Leifeld, a…
Date: September 9, 2015
Docket Number: 14-1073
Justia Opinion Summary: Defendant appealed his sentence of 180 months, the mandatory minimum under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), after pleading guilty to illegally possessing a firearm. Applying the categorical…
Date: September 4, 2015
Docket Number: 14-2685
Justia Opinion Summary: In 2002 Brown began working for Diversified. She was promoted and received excellent reviews. In 2009 Brown became an account executive. Brown struggled in the position, repeatedly making serious record-keeping errors.…
Date: September 3, 2015
Docket Number: 13-1176
Justia Opinion Summary: Defendant pleaded guilty to one count of possessing with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. On appeal, defendant challenged the district…
Date: September 3, 2015
Docket Number: 14-1583
Justia Opinion Summary: Hollingsworth was detained for booking at the police station in St. Ann, Missouri, after an arrest for stealing wine coolers from a convenience store at a gas station. When she refused a directive from police and…
Date: September 3, 2015
Docket Number: 14-3401
Justia Opinion Summary: In 2009, Liu, a physician in a residency program, elected basic life insurance coverage from LINA through his employer’s ERISA plan and elected supplemental coverage in an amount four times his salary. Asked whether,…
Date: September 3, 2015
Docket Number: 14-3685
Justia Opinion Summary: Based on an elaborate scheme by Barber, Van Doren, and Barber's attorney, Knight to defraud Barber's creditors by concealing income, assets, and funds, involving Barber's business ventures, the three were charged with…
Date: September 2, 2015
Docket Number: 14-2250
Justia Opinion Summary: Following a police pursuit, Murray shot Jermell through the windshield and side window of Jermell’s vehicle. Jermell died from the gunshot wounds. Jermell’s mother sued Murray, another officer (Caudell), Chief of Police…
Date: September 2, 2015
Docket Number: 14-2564
Justia Opinion Summary: B.S., a 16-year-old with attention deficit hyperactivity disorder, had an individualized education program (IEP). A dispute arose and the parents requested a due process hearing. The parties settled several issues, so…
Date: September 1, 2015
Docket Number: 13-3315
Justia Opinion Summary: The Zarecors invested $800,000 in the RMK Funds. Morgan Keegan was the lead underwriter for the Funds and was heavily involved in their operations. The Zarecors allege that Morgan Keegan omitted facts regarding policies…
Date: September 1, 2015
Docket Number: 14-2651
Justia Opinion Summary: Knight is a licensed attorney, and the charges against him stem from his representation of a Barber in a bankruptcy proceeding, in 2008-2010. Knight was convicted of conspiracy to commit bankruptcy fraud, 18 U.S.C. 371…
Date: August 31, 2015
Docket Number: 14-1747
Justia Opinion Summary: In 1989 White was convicted of rape and murder. The prosecution used testimony and confessions from White’s five co-defendants, all of whom pled guilty to related charges. After DNA testing in 2008, all convictions were…
Date: August 31, 2015
Docket Number: 14-3746
Justia Opinion Summary: The 2013 General Public School Choice Act, Ark. Code 6–18–1901 provided that "[a] school district annually may declare an exemption under this section if the school district is subject to the desegregation order or…
Date: August 28, 2015
Docket Number: 14-2649
Justia Opinion Summary: Shoyombo, a native of Nigeria, entered the U.S. illegally in 1993 and filed two fraudulent asylum applications. The second, in his own name, was denied and he was ordered deported in absentia in 1995. Shoyombo married a…
Date: August 28, 2015
Docket Number: 14-3036
Justia Opinion Summary: In 1966, DeBough purchased a Minnesota residence and surrounding 80 acres for $25,000. In 2006, DeBough sold the property for $1.4 million under an installment contract, secured by the property. Because the property was…
Date: August 27, 2015
Docket Number: 14-2050
Justia Opinion Summary: STABL processed dead cattle and offal in Lexington. As part of Nebraska’s EPA-approved National Pollutant Discharge Elimination System program, the state issued STABL a pretreatment permit, effective in 2008, that…
Date: August 27, 2015
Docket Number: 14-3006
Justia Opinion Summary: In a case alleging that Abbott's baby formula contained a harmful bacteria that caused permanent brain damage to J.M.K., the jury found in favor of Abbott. The district court then ordered defense counsel Ghezzi to show…
Date: August 27, 2015
Docket Number: 14-3136
Justia Opinion Summary: Agent O’Neil interviewed V.R.B., who told him that in 2008, when she was about eight years old, she awakened when someone lay down in her bed and touched her vaginal area through her clothes. V.R.B. pretended to remain…
Date: August 26, 2015
Docket Numbers: 14-1582, 13-3500
Justia Opinion Summary: In a suit alleging violation of the Nebraska Wage Payment and Collection Act and the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, the district court certified a class consisting of current and former hourly employees…
Date: August 26, 2015
Docket Number: 14-2780
Justia Opinion Summary: Hesseltine is “within the Borderline range of mental functioning.” She graduated from high school in 2003, reading at a sixth grade level. Hesseltine underwent several childhood surgeries to treat a leg impairment…
Date: August 26, 2015
Docket Numbers: 14-3201, 14-3158
Justia Opinion Summary: Waynesville Office Weir sought a warrant to search the Conants’ house, stating that a reliable confidential informant had given information that Methamphetamine was being distributed from and stored at the house. Weir…
Date: August 25, 2015
Docket Numbers: 10-3137, 11-1247
Justia Opinion Summary: B&B, manufacturer and seller of "Sealtight," sued Hargis, manufacturer of "Sealtite," claiming trademark infringement and unfair competition. Hargis counterclaimed for false advertising and false designation of origin.…
Date: August 25, 2015
Docket Numbers: 13-2208, 13-2209
Justia Opinion Summary: Defendants, naturalized U.S. citizens living in Minnesota, are from Somalia. In 2008, the FBI learned that Ali had contacted al Shabaab, a terrorist organization in Somalia. Both women were charged with conspiring to…
Date: August 25, 2015
Docket Number: 14-1867
Justia Opinion Summary: Barges separated from an Artco towboat, damaging a lock and dam. Artco sought limitation of its liability to the government or exoneration under FRCP F. The court enjoined prosecution of separate suits against Artco or…
Date: August 25, 2015
Docket Number: 14-3074
Justia Opinion Summary: Simmons and Gyurica were fishing on a bridge near Bowden’s property. Bowden shouted to the men to identify themselves; he fired a shotgun from his deck when they failed to respond. Bowden and Simmons then had a verbal…
Date: August 25, 2015
Docket Number: 14-3085
Justia Opinion Summary: The Lapideses renewed a loan from Venture Bank secured by a third mortgage on their home. Howard subsequently filed for Chapter 7 bankruptcy. After Howard’s personal debts were discharged, the Lapideses executed two…
Date: August 25, 2015
Docket Number: 14-3286
Justia Opinion Summary: In April 2014, two consumers filed a class action against BF Labs, asserting “deceptive and unconscionable business practices” in marketing and selling Bitcoin mining machines. Five months later, the Federal Trade…
Date: August 25, 2015
Docket Number: 14-3360
Justia Opinion Summary: American manufactures and Southland sells iron castings. After operating under a verbal agreement for years, the companies entered into a written “Exclusive Representation Agreement” in 2010. American was aware Southland…
Date: August 21, 2015
Docket Number: 14-2796
Justia Opinion Summary: American Century, a mutual fund, offers investment portfolios, including Ultra Fund. Ultra Fund invested in PartyGaming, a Gibraltar company that facilitated internet gambling. In 2005, PartyGaming made an initial public…
Date: August 21, 2015
Docket Number: 14-3045
Justia Opinion Summary: Waters obtained a job at West. Cafesjian was a senior executive. Cafesjian later moved to Florida; retired; sold his shares for $250 million when West was sold; started a foundation and the GLC family office; and hired…
Date: August 21, 2015
Docket Number: 14-3054
Justia Opinion Summary: Creative, an Iowa corporation, designs and sells beauty products. LF, a Hong Kong corporation, with its principal place of business in Hong Kong, provides services, including product development, shipping oversight, and…
Date: August 21, 2015
Docket Number: 14-3232
Justia Opinion Summary: FedEx contracts with operators to take packages from its terminals to homes and businesses. FedEx assigns each territory to an operator. Former operators claim that FedEx defrauded them as to their employment status,…
Date: August 21, 2015
Docket Number: 14-3258
Justia Opinion Summary: Ash and Jewsome filed suit under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, on behalf of themselves and similarly-situated persons, alleging that their employer failed to pay required overtime compensation. The…
Date: August 21, 2015
Docket Number: 14-3397
Justia Opinion Summary: Etenyi, a citizen of Kenya, came to the U.S. on a student visa in 2006. After he graduated in 2011, he remained and married a U.S. citizen. Etenyi’s wife sought an immediate-relative visa on Etenyi’s behalf. Etenyi…
Date: August 20, 2015
Docket Numbers: 14-1754, 14-1756, 14-1765, 14-1974
Justia Opinion Summary: To obtain a driver’s license or motor vehicle registration from a state motor vehicle department (DMV), individuals must disclose personal information. The 1994 Driver’s Privacy Protection Act (DPPA), 18 U.S.C.…
Date: August 20, 2015
Docket Number: 14-2234
Justia Opinion Summary: Abhe, an industrial painting contractor, used stationary leased barges as platforms while painting Pell Bridge over Narragansett Bay. Abhe changed insurance carriers three months into the project. St. Paul Fire did not…
Date: August 20, 2015
Docket Numbers: 14-2580, 14-2648
Justia Opinion Summary: Siouxland, a group practice of obstetrician-gynecologists, terminated Hagen, its President and an equity owner, invoking the for-cause termination provision in Hagen’s 1993, Employment Agreement, after an incident during…
Date: August 18, 2015
Docket Number: 14-2588
Justia Opinion Summary: Toy Box, an LLC organized to operate storage facility sales businesses, distributed an Offering Circular that stated that investors’ funds would be held in escrow and not released unless a minimum of $500,000 in capital…
Date: August 14, 2015
Docket Number: 14-2884
Justia Opinion Summary: Smiley, a resident of Monroe County, Arkansas, was severely injured when a vehicle driven by Medford, a resident of Woodruff County, struck Smiley’s vehicle. The accident occurred in Monroe County. Smiley was transported…
Date: August 14, 2015
Docket Number: 14-3039
Justia Opinion Summary: Powell contends that his Christian beliefs compel him to publicly share his faith with others. Powell went to the Iowa State Fairgrounds and positioned himself on a sidewalk outside the paid admission area, close to a…
Date: August 14, 2015
Docket Number: 14-3109
Justia Opinion Summary: Under the Telecommunications Act of 1996, local exchange carriers such as Windstream must connect calls made to their customers by the customers of national telecommunications companies such as Sprint. Until 2009, Sprint…
Date: August 14, 2015
Docket Number: 14-3599
Justia Opinion Summary: Long, a member of the Lower Brule Sioux Tribe, operated the “OC Store,” a novelty store, on the reservation. The store had few exterior windows. BIA Officer Spargur encountered juveniles, carrying fireworks. One juvenile…
Date: August 13, 2015
Docket Number: 14-1349
Justia Opinion Summary: Heartland employed Thomas as an account liaison from May 2010 until she was terminated in June 2011, at age 53. Thomas claims that Hagen, an administrator for Heartland, had commented “that older people didn’t work as…
Date: August 13, 2015
Docket Number: 14-1819
Justia Opinion Summary: The indictment alleged that "within the Omaha Indian Reservation in Indian Country, [Webster], an Indian male, did knowingly engage in a sexual act with A.C., a child who had not attained the age of 12 years.” The…
Date: August 13, 2015
Docket Number: 14-2561
Justia Opinion Summary: Graco manufactures fast-set spray foam equipment (FSE) and sells it to distributors, who resell to consumers like Insulate. In 2005 and 2008 Graco purchased competing FSE manufacturers, ultimately raising its market…
Date: August 13, 2015
Docket Numbers: 14-3202, 14-3001
Justia Opinion Summary: During negotiations with Nichols to replace an expired collective bargaining agreement, the union called for a strike. Most employees participated; some crossed the picket line. Nichols hired replacement workers. Bandy,…
Date: August 13, 2015
Docket Number: 15-6001
Justia Opinion Summary: Debtor, a Grand Island pathologist, filed for Chapter 7 bankruptcy relief in 2011. Heritage holds an allowed, unsecured claim of $270,566.00. In 2012, the Debtor acquired her residence from the Elliotts and signed a…
Date: August 12, 2015
Docket Number: 14-1502
Justia Opinion Summary: A shed on the Brandweins’ leased property caught fire. Neighbors called for assistance and knocked on the door of the residence, but received no response. Concerned that a truck parked near the shed would catch fire, a…
Date: August 12, 2015
Docket Number: 14-1557
Justia Opinion Summary: Shortly before Pettaway was to be released from federal prison, the government sought his commitment under 18 U.S.C. 4246 on grounds that he was mentally ill and dangerous. After a hearing, the district court committed…
Date: August 12, 2015
Docket Number: 14-3071
Justia Opinion Summary: Lohse lived with his girlfriend and her three-year-old daughter, K.S. Lohse’s girlfriend discovered images on an SD card, depicting K.S., clothed and sleeping in a natural position on a bed, and Lohse, naked and…
Date: August 12, 2015
Docket Number: 14-3364
Justia Opinion Summary: Kevin and Lisa Nutt worked at Osceola Nursing Home. Funds were withheld from their paychecks as “pre-tax insurance.” After Kevin was injured, they learned that Osceola had not paid premiums. Their policy had lapsed; the…
Date: August 12, 2015
Docket Number: 14-3387
Justia Opinion Summary: Romero was arrested in Kansas City for multiple traffic offenses. Officers identified Romero as a citizen of Mexico who had not been admitted or paroled for entry into the U.S. The immigration judge found that Romero was…
Date: August 12, 2015
Docket Number: 14-6047
Justia Opinion Summary: Needler filed a petition for Chapter 11 relief on behalf of “Miller Chrysler Dodge.” Because Needler is not admitted to practice in the Western District of Missouri, he moved to appear pro hac vice and to be employed as…
Date: August 11, 2015
Docket Number: 14-2933
Justia Opinion Summary: The Schmidts operate a farm Worthington, Minnesota. Madison hosted a sleepover party at the family farm to celebrate her twelfth birthday. A guest, 10-year old Alyssa, was driving the Schmidts' ATV around the property…
Date: August 11, 2015
Docket Number: 14-3392
Justia Opinion Summary: Burlington purchased more than $8 million worth of cast vinyl film products from Ritrama to manufacture graphic decals for customers in the recreational vehicle (RV) industry. No later than early 2008, Burlington…
Date: August 11, 2015
Docket Number: 14-3856
Justia Opinion Summary: After he was arrested in an undercover sting operation conducted by law enforcement, Wolff was charged by Indictment with one count of attempted sex trafficking of a minor, 18 U.S.C. 1591 and 1594. Wolff moved to dismiss…
Date: August 11, 2015
Docket Numbers: 15-1452, 15-1022, 15-1186
Justia Opinion Summary: Plaintiffs are same-sex couples seeking to marry in Arkansas, South Dakota, or Nebraska or to have their marriage in another state recognized in those states. They also sought state benefits incident to marriage. The…
Date: August 10, 2015
Docket Number: 14-2376
Justia Opinion Summary: Central States, a multi-employer trust fund governed by ERISA, provides health and welfare benefits to participants in the teamster industry. Student Assurance processed claims for student accident policies. Central…
Date: August 10, 2015
Docket Number: 14-2547
Justia Opinion Summary: King pled guilty in Arkansas state court to 1,577 counts of forgery and theft of property for embezzling more than $700,000 from the school district where she worked. The court sentenced King to 80 years imprisonment,…
Date: August 10, 2015
Docket Number: 14-2793
Justia Opinion Summary: In 2008, Wages began working as a caretaker for StuartCo, a property management firm, responsible for vacuuming, cleaning, mopping, washing windows, dusting, and snow removal. Wages worked 30 hours per week. Her employee…
Date: August 7, 2015
Docket Number: 13-1590
Justia Opinion Summary: Brown pled guilty as a felon possessing a firearm, 18 U.S.C. 922(g). The district court sentenced him under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), to 180 months’ imprisonment, finding that Brown had…
Date: August 7, 2015
Docket Number: 14-2091
Justia Opinion Summary: K.S. is biracial and has been diagnosed with Asperger Syndrome, obsessive compulsive disorder, mood disorder, adjustment disorder, and Tourette's syndrome. K.S. was a freshman and sophomore at Cedar Rapids Kennedy High…
Date: August 7, 2015
Docket Number: 14-3532
Justia Opinion Summary: St. Louis Metropolitan Police Officer Hendricks was driving when her patrol car’s license plate recognition system alerted, indicating that a man named Hicks was associated with a nearby car, was wanted for first-degree…
Date: August 6, 2015
Docket Number: 13-3371
Justia Opinion Summary: Officers Lesher and McCrillis were working off-duty, patrolling a Little Rock apartment complex. They noticed that Ellison’s apartment door was open. From outside, they could see 67-year-old Ellison sitting on his couch,…
Date: August 6, 2015
Docket Number: 14-1034
Justia Opinion Summary: D.S. and her brother T.D., were nine and six years old, when their mother, found them dead in a bedroom at their father’s house, on the North Dakota Spirit Lake Reservation. D.S., found without underwear or pants, had…
Date: August 6, 2015
Docket Number: 14-1073
Justia Opinion Summary: Defendant pled 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), 18 U.S.C. 924(e)(1). Applying the…
Date: August 6, 2015
Docket Numbers: 14-1970, 14-2682
Justia Opinion Summary: Tipton, Gilbert, and Padgett worked for Treadway, under agreements that contained a noncompete provision: when you leave Treadway’s employ, for whatever reason, you will not compete with Treadway … by soliciting or…
Date: August 6, 2015
Docket Number: 14-2240
Justia Opinion Summary: Grand Rios purchased a Brooklyn Park, Minnesota hotel and waterpark, assuming $4.61 million of the debt owed to Northeast Bank by the original owner, and purchased insurance from Hanover Insurance. The roof was damaged…
Date: August 6, 2015
Docket Number: 14-2428
Justia Opinion Summary: Ortiz, a native of Mexico, became a lawfully-admitted permanent resident of the U.S. in 2002. In 2006, Ortiz pled guilty to obstruction of legal process—a crime committed when he was 18 years old. Ortiz was sentenced to…
Date: August 6, 2015
Docket Number: 14-2779
Justia Opinion Summary: Duit, an Oklahoma highway contractor, contracted with the Arkansas State Highway and Transportation Department (ASHTD) to reconstruct I-30 between Little Rock and Benton. Duit encountered soil conditions that, it…
Date: August 5, 2015
Docket Number: 14-3184
Justia Opinion Summary: Castleman was charged with conspiracy to manufacture methamphetamine, maintaining drug premises, and conspiracy to possess chemicals and equipment used to make methamphetamine. Some evidence came from a traffic stop in…
Date: August 4, 2015
Docket Number: 14-1578
Justia Opinion Summary: Calkins pled guilty to bank fraud, 18 U.S.C. 1344, and was sentenced to 66 months imprisonment and 8.6 million dollars in restitution. The Eighth Circuit affirmed Calkins' sentence. Calkins then filed an 28 U.S.C. 2255…
Date: August 4, 2015
Docket Number: 14-2380
Justia Opinion Summary: After the merger of NationsBank and BankAmerica, shareholders filed class actions alleging violations of securities laws. The district court appointed Oetting as lead plaintiff and the Green law firm, as lead counsel.…
Date: August 4, 2015
Docket Number: 14-2557
Justia Opinion Summary: Figueroa-Alvarez, a citizen of Mexico, pleaded guilty to illegally reentering the U.S. following removal, 8 U.S.C. 1326(a), a violation punishable by “not more than 2 years” imprisonment. Section 1326(b) authorizes…
Date: August 4, 2015
Docket Number: 14-2579
Justia Opinion Summary: Four days before the statute of limitations expired, the Barners filed a complaint in Arkansas state court against T/C Inc. and T/C LLC, based on injuries allegedly sustained on October 15, 2010. T/C Inc. had merged into…
Date: August 3, 2015
Docket Number: 14-2181
Justia Opinion Summary: The U.S. Commodity Futures Trading Commission (CFTC) sued Arrington, Kratville, Welke, Elite Holdings, and MJM, alleging that they fraudulently induced more than 130 individuals to invest $4.7 million in commodity…
Date: August 3, 2015
Docket Number: 14-2733
Justia Opinion Summary: Falco sold insurance for Farmers, under a 1990 Agent Agreement, which provided that Falco would be paid Contract Value upon termination of the Agreement. As a Farmers agent, Falco was entitled to borrow money from the…
Date: August 3, 2015
Docket Number: 14-2912
Justia Opinion Summary: Smith created an online photo-sharing account. Several law enforcement agencies independently observed Smith trading naked pictures of his 10-year-old stepdaughter, M; offering pornographic pictures of M. for purported…
Date: August 3, 2015
Docket Number: 14-2955
Justia Opinion Summary: Trooper Taylor observed a car on I-80 with very dark-tinted windows, traveling at a high speed. He initiated a traffic stop. The driver, Gomez, provided a valid driver's license, vehicle registration, and proof of…
Date: August 3, 2015
Docket Number: 14-2961
Justia Opinion Summary: Robinson worked as a sandblaster for decades. Sand sometimes breaks down into silica dust, which, if inhaled, can cause the incurable lung disease silicosis. By 1997, Robinson knew that sandblasting could cause…
Date: August 3, 2015
Docket Number: 14-3580
Justia Opinion Summary: Undercover police pulled into a driveway while Stoner was loading his car with stolen goods during a residential burglary. Stoner leapt into his car, shoved it in reverse, and accelerated backward, ramming the unmarked…
Date: July 31, 2015
Docket Number: 14-2460
Justia Opinion Summary: Poynter operated an Original Issue Discount (OID) scheme, under which taxpayers falsely list large amounts of OID interest income from municipal bonds and certificates of deposit and corresponding amounts of withholding…
Date: July 31, 2015
Docket Number: 14-2904
Justia Opinion Summary: Pierre and three co-defendants were charged, in the Minnesota district court, with conspiracy to defraud the government, 18 U.S.C. 286, by submitting 1066 false tax returns and claiming undeserved tax refunds of about…
Date: July 31, 2015
Docket Number: 14-3026
Justia Opinion Summary: In 2011, a tornado struck and substantially damaged Midwest’s building and its contents. After the tornado, the medical practice was to relocate, which required substantial work. Until construction was complete, Midwest…
Date: July 31, 2015
Docket Number: 14-3187
Justia Opinion Summary: In 2003, Fraser, a citizen of Canada, married a U.S. citizen. In 2006, his wife filed an I-130 Petition to adjust Fraser’s status based on their marriage; Fraser filed an I-485 Application to Register Permanent Residence…
Date: July 30, 2015
Docket Numbers: 13-2621, 13-3566
Justia Opinion Summary: Petitioner traveled from Ethiopia, and entered the U.S. in 2002. He carried a valid Ethiopian passport and non-immigrant visitor’s visa issued under the name Hiko. Shortly thereafter, he sought asylum. Petitioner…
Date: July 30, 2015
Docket Numbers: 14-2587, 14-2697
Justia Opinion Summary: Asphalt hired a company that, from 2005-2008, sent about 44,000 fax advertisements to potential customers. FS, which received some of the faxes, filed a class-action, alleging violation of the Telephone Consumer…
Date: July 30, 2015
Docket Number: 14-2697
Date: July 29, 2015
Docket Number: 13-1635
Justia Opinion Summary: Solomon was convicted of violating supervised release and was allowed to voluntarily surrender himself. Solomon absconded after writing a letter, stating his hope that Hendren, then Chief Judge of the Western District of…
Date: July 29, 2015
Docket Numbers: 13-3335, 13-3336, 13-3337, 13-3338, 13-3339
Justia Opinion Summary: Based on their involvement in promoting or selling stock for Petro America, an unregistered company that had no value, eight coconspirators were charged with conspiracy to commit securities fraud and wire fraud 18 U.S.C.…
Date: July 29, 2015
Docket Number: 14-1171
Justia Opinion Summary: Jones was arraigned as a felon in possession of a firearm on October 23. The magistrate set a November 26 trial date. His attorney obtained five continuances, each time stating that it was “in his best interests to waive…
Date: July 29, 2015
Docket Number: 14-2217
Justia Opinion Summary: Hughes guides hunting parties, charging $1,600 to $2,600 per person for accommodations, meals, hunting stands, field dressing, and carcass-cleaning facilities. To hunt buck in Iowa, a hunter must have a “tag.”…
Date: July 29, 2015
Docket Number: 14-2342
Justia Opinion Summary: Kaplan operated an illegal sports-booking business in New York that moved to Costa Rica in the 1990s. In 2004, the company went public on the London Stock Exchange. Before going public, Kaplan placed $98 million in…
Date: July 29, 2015
Docket Number: 14-2943
Justia Opinion Summary: Taylor was injured while attempting to secure a vehicle on a Cottrell car-hauling trailer. Dr. Odor operated on Taylor to complete a two-level cervical fusion. More than two years later, Taylor was again injured when he…
Date: July 29, 2015
Docket Number: 14-3234
Justia Opinion Summary: A Kansas City police officer stopped Harris for speeding. Before the stop, the officer saw him reaching below the driver’s seat and center console. Approaching the car, the officer smelled marijuana, but could not…
Date: July 28, 2015
Docket Number: 13-3677
Justia Opinion Summary: In 2012, Arkansas inmate Jones filed suit under the Religious Land Use and Institutionalized Persons Act, challenging the Department of Correction’s (ADC’s) grooming policy. The district court granted summary judgment…
Date: July 28, 2015
Docket Number: 14-1722
Justia Opinion Summary: Davis was arrested for driving while intoxicated and was transported to the crowded Ferguson jail. Officers escorted Davis to a cell, which Davis refused to enter. Three officers responded as backup. White pushed Davis…
Date: July 28, 2015
Docket Number: 14-2824
Justia Opinion Summary: The Division of Criminal Investigation (DCI) set up a sting targeting sex trafficking during the Sturgis Motorcycle Rally. DCI Agent Schnabel posted a Craigslist advertisement: “End of Rally …Travelin through ... and…
Date: July 28, 2015
Docket Number: 14-3351
Justia Opinion Summary: The Union represents Company employees, governed by a collective bargaining agreement (CBA), which required that there be tiered job classifications with specific work functions, that the parties arbitrate disputes, and…
Date: July 27, 2015
Docket Number: 14-1435
Justia Opinion Summary: The Robbinses provide towing and wrecker services along the I-44 corridor in eastern Missouri. State Highway Patrol (MSHP) Troops C and I, pursuant to MSHP policy, used a “rotation list” of approved towing and wrecking…
Date: July 27, 2015
Docket Number: 14-2576
Justia Opinion Summary: Witnesses reported seeing Patrie burglarizing his stepmother’s house. Officers executed a search warrant on Patrie’s residence and seized several firearms, including one that matched a gun stolen from a 70-year-old…
Date: July 27, 2015
Docket Number: 14-3567
Justia Opinion Summary: After Fleetwood admitted, through counsel, to violating conditions of the supervised release he was serving for failing to register as a sex offender, 18 U.S.C. 2250, the district court revoked Fleetwood’s supervised…
Date: July 24, 2015
Docket Number: 14-1680
Justia Opinion Summary: Mead, committed to Iowa's Civil Commitment Unit for Sex Offenders filed a 42 U.S.C. 1983 complaint alleging that defendants deprived him of "extensive dental care that he is unable to afford" and were "deliberately…
Date: July 24, 2015
Docket Number: 14-2307
Justia Opinion Summary: R.W., a student, bought marijuana from Boykin, who delivered to campus. After a few months, Boykin and another dealer, Patterson, planned to rob R.W., whom Patterson did not know. Through the exchange of text messages,…
Date: July 24, 2015
Docket Number: 14-2785
Justia Opinion Summary: After graduating from the FAA Academy, Huynh became a trainee air traffic controller. Huynh, the only Asian American in his training class, reported problems with his instructors. He was assigned a different team. The…
Date: July 24, 2015
Docket Number: 14-2786
Justia Opinion Summary: After his car was hit by a car driven negligently by Sheffer, Behlmann was billed $89,884.79 for medical treatment. Behlmann settled with Sheffer for $50,000, the limit of Sheffer’s policy. Behlmann sued his insurer,…
Date: July 24, 2015
Docket Number: 14-3057
Justia Opinion Summary: In April 2011, while its patent application was pending with the USPTO, U.S. Water Services, which “sell[s] water treatment and purification equipment, materials, and services,” especially “to ethanol process…
Date: July 24, 2015
Docket Number: 14-3240
Justia Opinion Summary: Milam applied for disability insurance benefits in 2011, identifying conditions of back pain, knee pain, hip pain, and osteoporosis and a 2009 disability onset date—the same day she was laid off. Milam had worked for 20…
Date: July 23, 2015
Docket Number: 14-1279
Justia Opinion Summary: Initially hired in 1987, Schaffhauser worked as a Plant Engineering Manager from 2007-2012. He received training on UPS’s anti-harassment, anti-discrimination, and ADA policies. The company prohibits unprofessional and…
Date: July 23, 2015
Docket Number: 14-2537
Justia Opinion Summary: Lumber, a tax-exempt insurance trust (26 U.S.C. 501(c)(9)), purchased life insurance issued by GAMHC. GAMHC converted from an insurer owned by policyholders to one owned by stockholders. In 2003, Lumber received a…
Date: July 23, 2015
Docket Number: 14-2585
Justia Opinion Summary: A.W., 10 months old, lived with his mother, Maxwell; his father, White; and half-siblings. A.W. was developing normally. On August 30, Maxwell took a walk with the other children, returning 10 minutes later. White met…
Date: July 23, 2015
Docket Number: 14-3570
Justia Opinion Summary: Bertucci pleaded guilty to shooting and killing a bald eagle and a hawk, 16 U.S.C. 668(a), 703, and 707. Bertucci had a criminal history score of two; his offense level was 10, with a four-level enhancement under…
Date: July 22, 2015
Docket Number: 14-2128
Justia Opinion Summary: North Dakota prohibited abortion “[a]fter the point in pregnancy when the unborn child may reasonably be expected to have reached viability,” except when necessary to preserve the life or health of the mother, N.D. Code…
Date: July 22, 2015
Docket Number: 14-3237
Justia Opinion Summary: Officers stopped Abbott's vehicle because its license plate had three active arrest warrants associated with it. They arrested Abbott after they confirmed that he had an active arrest warrant. Abbott orally consented to…
Date: July 21, 2015
Docket Number: 14-2269
Justia Opinion Summary: Harris sold cocaine to an undercover officer at his residence. Police obtained a warrant and discovered cocaine and firearms. Harris pleaded guilty to unlawful possession of a firearm as a convicted felon, 18 U.S.C.…
Date: July 21, 2015
Docket Number: 14-2878
Justia Opinion Summary: Deputy Russeth stopped Wall for a traffic violation. Exiting her vehicle, Wall smelled of alcohol, exhibited poor balance, failed field sobriety tests, and in a preliminary breath test, produced a blood-alcohol…
Date: July 20, 2015
Docket Number: 13-3123
Justia Opinion Summary: Stephens visited the Oaklawn Club for gambling. After winning, playing slot machines, Stephens cashed out and left the casino. He returned later that evening and purchased another ticket for use in the slot machines. He…
Date: July 20, 2015
Docket Number: 13-3246
Justia Opinion Summary: Nanic, a citizen of Bosnia-Herzegovina and Croatia, is a practicing Muslim, but he rejects the “Bosniak” label used by governments in the region to describe Muslims in Bosnia. Nanic advocates a unified Bosnia and…
Date: July 20, 2015
Docket Number: 13-3528
Justia Opinion Summary: Wieland is a member of the Missouri House of Representatives and obtains healthcare coverage for his family through the Missouri Consolidated Health Care Plan (MCHCP), a plan made available to him by his employer, the…
Date: July 20, 2015
Docket Number: 14-2949
Justia Opinion Summary: Williams was arrested at a motel, following a sting operation to locate a missing minor female, who police believed was being prostituted online. In Williams' motel room, police found the missing girl, a second girl,…
Date: July 20, 2015
Docket Number: 14-3465
Justia Opinion Summary: Schoenborn, age 25 Howard, age 21, and Stillday, age 19, sat in a car, drinking Schoenborn’s vodka. When Stately arrived, Stillday needed help walking. Later Stillday “blacked out” and urinated on herself. The four went…
Date: July 17, 2015
Docket Number: 14-1612
Justia Opinion Summary: Witthar pleaded guilty to conspiracy against rights, obstruction of justice, and interference with fair housing rights, 18 U.S.C. 241, 1512(b)(1); 42 U.S.C. 3631 waiving her right to appeal or collaterally attack a…
Date: July 17, 2015
Docket Numbers: 14-1683, 14-1684
Justia Opinion Summary: Knickel approached Macquarie Bank about a loan to develop North Dakota oil and gas leases, providing confidential information about leased acreage that he had assembled over 10 years. Macquarie entered agreements with…
Date: July 17, 2015
Docket Number: 14-2935
Justia Opinion Summary: When Bloodman withdrew as Haynes’s attorney in a criminal case, the judge ordered her to return discovery material “as soon as possible” and emailed the order, instructing her “to turn over to the United States…
Date: July 17, 2015
Docket Number: 14-2947
Date: July 17, 2015
Docket Number: 14-3051
Justia Opinion Summary: By quitclaim deed, 27 acres in Branson passed to Tori, Inc. Tori was dissolved, and, by quitclaim transactions, Rea acquired the land. Rea quitclaimed to Missouri Branson. Coverdell also claims ownership, based on a 1999…
Date: July 17, 2015
Docket Numbers: 14-3382, 14-2947
Justia Opinion Summary: In 2009, Paramount contracted with the RSAs, cellular-service providers: Paramount would provide billing services and the RSAs would pay Paramount $1.05 per month for each customer billed. The contract had an initial…
Date: July 16, 2015
Docket Number: 13-3320
Justia Opinion Summary: A 2006 indictment charged Weaver, England, Key, and others, with crack-cocaine conspiracy and possession crimes. England and Key pled guilty. Only Weaver proceeded to trial. He was convicted. After a motion for a new…
Date: July 16, 2015
Docket Number: 14-1053
Justia Opinion Summary: Zavadil organized AS and was its sole owner until he sold it to an employee stock ownership plan and received a $28,760,000 note, payable in annual installments. Zavadil served without compensation as CEO and on the…
Date: July 16, 2015
Docket Number: 14-2270
Justia Opinion Summary: In 2006, Asoyia, an Iowa producer of soybean oil, purchased a general commercial agribusiness insurance policy and a commercial umbrella liability policy from Michigan Millers Mutual Insurance. In June 2007, a fire…
Date: July 16, 2015
Docket Number: 14-2594
Justia Opinion Summary: St. Francis hired Shirrell, who is Jewish, as a nurse in 1995. Shirrell resigned in 2000. In 2001, St. Francis re-hired Shirrell. In early 2012, Miller, who is not Jewish, commented to a co-worker that she was going to…
Date: July 16, 2015
Docket Number: 14-2819
Justia Opinion Summary: In 1998, as required by his divorce decree, Jon purchased a $100,000 life insurance policy from Minnesota Life. Although the decree required Jon to maintain a life insurance policy payable to his children until his child…
Date: July 16, 2015
Docket Number: 14-3081
Justia Opinion Summary: On August 20, 2013, Lee, an Arkansas citizen, sued VTI and 10 John Does, alleging that while preparing for a welding project on August 21, 2010, he attached a newly purchased oxygen tank to his existing pressure…
Date: July 16, 2015
Docket Number: 15-1437
Justia Opinion Summary: Brown pleaded guilty to distributing cocaine base, 21 U.S.C. 841(a)(1),under a plea agreement, stating that the sentence to be imposed, “pursuant to [Federal Rule of Criminal Procedure] 11(c)(1)(C), shall be the greater…
Date: July 16, 2015
Docket Number: 15-6003
Justia Opinion Summary: Robb filed a Chapter 7 petition. Harder, the trustee, discovered a defect in the deed of trust securing the debt on Robb’s home. Robb converted her case to Chapter 13. Harder filed proof of claim ($450), describing an…
Date: July 16, 2015
Docket Number: 15-6013
Justia Opinion Summary: The Debtors sought Chapter 7 bankruptcy relief. On their schedules, they listed the IRS as an unsecured creditor holding a claim in the amount of $249,085. They received a discharge in October 2009. Following the close…
Date: July 15, 2015
Docket Number: 14-2811
Justia Opinion Summary: H & Q and the Doll Companies owned membership units of Double D Excavating, LLC. The Doll Companies opened account 121224 in the name of "Double D Excavating" and deposited a check payable to the LLC and opened account…
Date: July 14, 2015
Docket Number: 14-1821
Justia Opinion Summary: In 2009, a jury found Thompson guilty of two counts of first-degree premeditated murder and two counts of first-degree murder while committing aggravated robbery. Thompson was 17 when he committed the crimes. Pursuant to…
Date: July 14, 2015
Docket Number: 14-2313
Justia Opinion Summary: AVR, an Israeli corporation, and Interton, a Minnesota corporation, produce hearing aid technology, and entered into an Agreement, giving Interton a 20 percent interest in AVR. During negotiations, they discussed…
Date: July 13, 2015
Docket Number: 14-2853
Justia Opinion Summary: Lee and Kehoe, members of a white supremacist group, killed a gun dealer, his wife, and their eight-year- old daughter during a 1996 robbery. Lee was sentenced to death. The Eighth Circuit affirmed. Lee sought…
Date: July 13, 2015
Docket Number: 14-3021
Justia Opinion Summary: PR sued Windmill in Missouri state court, but did not serve Windmill with the complaint. More than two years later, Windmill moved to dismiss for lack of prosecution. After PR responded to the motion but before the state…
Date: July 10, 2015
Docket Number: 14-1850
Justia Opinion Summary: After the Fire District suspended Anzaldua, a paramedic and firefighter, for failing to respond to a directive issued by Chief Farwell, Anzaldua emailed a newspaper reporter expressing concerns about the District and…
Date: July 10, 2015
Docket Number: 14-2578
Justia Opinion Summary: Alpine repairs automotive glass and, under Minnesota law, receives from insured vehicle owners the right to seek payment from insurance companies for repairs performed. Alpine and several insurers had disputes regarding…
Date: July 10, 2015
Docket Number: 15-6008
Justia Opinion Summary: Debtors filed a Chapter 13 bankruptcy petition. CP Medical’s collection agent timely filed a proof of claim. The Chapter 13 plan, proposing monthly payments of $124.00 over 36 months and pro rata distribution to…
Date: July 9, 2015
Docket Number: 15-1044
Justia Opinion Summary: Litschewski was convicted of three child sex crimes. Separate judgments of conviction were entered for each offense. Litschewski was sentenced to serve three consecutive terms of imprisonment. The South Dakota Supreme…
Date: July 8, 2015
Docket Number: 13-3486
Justia Opinion Summary: In 1992, Gabaree began living with a woman who had two daughters; the two later had two children together. In 1996, three children told a social services employee that Gabaree was abusing them. A physician found marks…
Date: July 8, 2015
Docket Number: 14-2245
Justia Opinion Summary: Fischer worked for Minneapolis Public Schools as a Janitor Engineer, 2008-2010, and performed satisfactorily. After being laid off for fiscal reasons, he was told that he was eligible for reinstatement, conditioned on…
Date: July 8, 2015
Docket Number: 14-2266
Justia Opinion Summary: Investors who suffered losses when an Arizona golf course and residential development failed, allegedly due to the fraud and mismanagement of the developer, McClung, were unable to recover from the insolvent McClung and…
Date: July 8, 2015
Docket Number: 14-3072
Justia Opinion Summary: In 1997, Kosmes pleaded guilty to manslaughter in the U.S. territory of Guam. He was sentenced to 10 years' imprisonment. After his release, Kosmes was deported to Micronesia. In 2014, Homeland Security discovered Kosmes…
Date: July 8, 2015
Docket Number: 14-3405
Justia Opinion Summary: Lion Oil, a small Arkansas refinery, petitioned the Environmental Protection Agency for an exemption from the 2013 Renewable Fuel Standard program, 42 U.S.C. 7545(o), under which refineries must blend their share of…
Date: July 7, 2015
Docket Number: 14-1241
Justia Opinion Summary: Lemons applied for social security disability benefits after being diagnosed with a pain disorder caused by inflammation of a membrane that surrounds the nerves of the spinal cord. An ALJ awarded benefits and Lemons…
Date: July 7, 2015
Docket Number: 14-2174
Justia Opinion Summary: Graham sold insurance for American Family from 1988 until 2011. In 1996, they entered into an Agent Agreement. In 2010, following a customer complaint, American Family concluded that Graham had increased coverage and…
Date: July 7, 2015
Docket Number: 14-2756
Justia Opinion Summary: In 1979, James pleaded guilty to having sexual intercourse with a four-year-old girl. James was declared to be a sexual psychopath and placed in a hospital sexual psychopathy program. James admitted that he sexually…
Date: July 6, 2015
Docket Number: 14-1560
Justia Opinion Summary: In 2003, the Meyers signed a revolving credit note and agreement and later signed term notes and loan agreements with U.S. Bank, to finance their swine production business. In 2006, the Meyers transferred all their…
Date: July 6, 2015
Docket Number: 14-2536
Justia Opinion Summary: Federal Rule of Criminal Procedure 5(a)(1)(A) provides that, following arrest, the arresting officer “must take the defendant without unnecessary delay before a magistrate judge.” Under the judicial McNabb-Mallory rule…
Date: July 6, 2015
Docket Number: 14-2844
Justia Opinion Summary: Jenkins had a 1997 shoplifting conviction. Store video showed Jenkins purchasing 9mm ammunition. Arrested as a felon in possession of ammunition, 18 U.S.C. 922(g)(1); 924(a)(2), Jenkins did not stipulate to the prior…
Date: July 6, 2015
Docket Number: 14-3077
Justia Opinion Summary: First National sought a successor for Senior Vice President of Operations Downing. Cox, a woman, began at First National in 2008 as Vice President of Loan Operations, reporting to Downing. She had 21 years of experience,…
Date: July 2, 2015
Docket Number: 14-1599
Justia Opinion Summary: Thomas was convicted of four counts of wire fraud based on a scheme she perpetrated to defraud mortgage lenders by submitting false income information on loan applications. The district court sentenced Thomas to 48…
Date: July 2, 2015
Docket Number: 14-2164
Justia Opinion Summary: Wild is the sole member of Braveheart, LLC, which is one of two members of another limited liability company, Catalyst. In 2008, Catalyst borrowed $500,000 from Laurus. Wild signed a personal guaranty as security for…
Date: July 2, 2015
Docket Number: 14-2244
Justia Opinion Summary: Sellers, a Deere employee for more than 30 years, sued Deere and his supervisor, alleging age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. 621, and the Iowa Civil Rights Act; disability…
Date: July 2, 2015
Docket Number: 14-2274
Justia Opinion Summary: The City of Osceola purchases wholesale energy from Entergy Arkansas under an agreement filed with and approved by the Federal Energy Regulatory Commission (FERC). Osceola sued Entergy in Arkansas state court, seeking…
Date: July 2, 2015
Docket Number: 14-2346
Justia Opinion Summary: In 2009, the Pipeline and Hazardous Materials Safety Administration of the Department of Transportation (tasked with regulating the transportation of hazardous materials) finalized extensive amendments to the regulations…
Date: July 2, 2015
Docket Number: 14-2406
Justia Opinion Summary: Morris was convicted of conspiracy to distribute 500 grams of methamphetamine and conspiracy to launder the proceeds of the criminal drug distribution. The presentence investigation report recommended a four-level…
Date: July 2, 2015
Docket Number: 14-2592
Justia Opinion Summary: Plaintiffs acquired shares of K-V Pharmaceutical stock during the period in which the company launched and marketed Makena, its new prescription drug, designed to reduce the risk of pre-term labor for at-risk pregnant…
Date: July 2, 2015
Docket Number: 14-2714
Justia Opinion Summary: Boyd was convicted of aiding and abetting the distribution of methamphetamine. After one unsuccessful attempt at supervised release, Boyd was again placed on supervised release in January 2014. In May 2014, the…
Date: July 2, 2015
Docket Number: 14-2971
Justia Opinion Summary: Eighteen years after Nissan and Wayzata entered into an agreement which established Wayzata as an authorized Nissan dealer, Nissan informed Wayzata that it intended to establish a new dealership in Eden Prairie, eight…
Date: July 2, 2015
Docket Number: 14-3012
Justia Opinion Summary: Andrews, born in 1976, has a GED and work experience as a cashier, retail sales clerk, and a secretary/receptionist, all of which are classified as sedentary or light duty work. In 2010, Andrews applied for both DIB and…
Date: July 2, 2015
Docket Number: 14-3020
Justia Opinion Summary: Burciaga began working at Ravago in 2007. Howe, a customer service manager, was her supervisor. Burciaga utilized Family Medical Leave Act (FMLA), 29 U.S.C. 2601, leave in 2008 and 2010-2011, for the births of her…
Date: July 1, 2015
Docket Number: 13-3502
Justia Opinion Summary: Fry solicited funds from investors for promissory notes issued by Petters, stating that the notes would finance purchases of merchandise that would be resold at a profit. In fact, the notes were part of a Ponzi scheme…
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