2015 Eighth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1108
Date: July 1, 2015
Docket Numbers: 14-1065, 14-1055, 14-1056, 14-1060, 14-1061, 14-1064
Justia Opinion Summary: Debtors, limited liability companies, own pools of commercial and industrial real estate, subject to mortgages held by the Trust. The promissory notes for the loans provided that upon default, the interest rate on the…
Date: July 1, 2015
Docket Number: 14-1269
Justia Opinion Summary: Taylor was charged with conspiring to possess methamphetamine with intent to distribute and conspiring to launder money. The government offered to dismiss the drug conspiracy count and recommend a two-year sentence if…
Date: July 1, 2015
Docket Number: 14-1407
Justia Opinion Summary: Plaintiffs own mineral interests in Chalybeat Springs and granted 21 oil and gas leases based on those interests. EnerQuest and BP America are the lessees. The property interests in Chalybeat, including the leases at…
Date: July 1, 2015
Docket Number: 14-2272
Justia Opinion Summary: Pursuant to the Missouri Transportation Development District Act (Mo. Rev. Stat. 238.200), St. Louis City and University City passed resolutions and filed a petition, seeking to create the proposed District to build a…
Date: June 30, 2015
Docket Number: 13-3579
Justia Opinion Summary: In 2007-2012, Stewart was supervisor of a branch office for Rise, a welfare-services non-profit entity that obtained funding from a Minnesota welfare program, "Pathways." Stewart supervised counselors who directly…
Date: June 30, 2015
Docket Numbers: 14-1730, 14-1429
Justia Opinion Summary: Plaintiffs claimed they were lured into making investments from which their money was “appropriated” and sued Nathan and Vertical Group. The district court entered an order of default against Vertical, but did not award…
Date: June 30, 2015
Docket Number: 14-2188
Justia Opinion Summary: Hansen, a farmer, served as a bank trust officer. In 2003, he invested, through Johnson (a stock broker), in the Hudson Fund, a hedge fund Johnson ran with Onsa and Puma. Hansen continued investing with the three. In…
Date: June 30, 2015
Docket Number: 14-2718
Justia Opinion Summary: The victim was diagnosed with a skull fracture and a subdural hematoma, a type of traumatic brain injury after being found unconscious at a drinking party at which William Clifford, King Martinez, and four others were…
Date: June 30, 2015
Docket Number: 14-2864
Justia Opinion Summary: ATF agents learned that Jones and an accomplice were robbing Little Rock drug dealers. An undercover ATF convinced Jones that he was running cocaine and wanted to rob a stash house. The story was false. During recorded…
Date: June 29, 2015
Docket Number: 14-1962
Justia Opinion Summary: Eva Robinson and her son Matthew were walking their dog. Dover Deputy Payton observed "suspicious people walking." He stopped them. The dog ran away; Matthew chased it. After Matthew returned with the dog, Payton placed…
Date: June 29, 2015
Docket Number: 14-2327
Justia Opinion Summary: Because of an unpaid drug debt, Velez attacked the victim in a prolonged beating with a metal pole causing numerous broken bones and other serious injuries. Velez pleaded guilty to two counts of "willful injury causing…
Date: June 29, 2015
Docket Number: 14-3092
Justia Opinion Summary: Manuel’s home burned down while he and his family were vacationing in Las Vegas. Manuel had insured his home through MDOW with a policy providing $150,000 for the house, $75,000 for personal property, and $45,000 for…
Date: June 29, 2015
Docket Number: 14-3435
Justia Opinion Summary: Messerli law firm obtained a default judgment for its client, Capital One against Scheffler, a former debt collector. Having learned of Scheffler’s reputation as “the most litigious debtor” in Minnesota, Messerli…
Date: June 26, 2015
Docket Numbers: 14-1601, 14-1514
Justia Opinion Summary: Stonebridge, an engraver of promotional pocket knives, sued its former distributor Cutting-Edge and its members; competitor knife engraver TaylorMade and its sole member and manager Taylor, a former Stonebridge employee;…
Date: June 26, 2015
Docket Number: 14-2159
Justia Opinion Summary: Lopez was a passenger in a car driven in St. Louis by Pyron. The lane in which they were driving ended at an intersection. Pyron merged into the lane where Cleveland's postal truck was traveling; the vehicles collided.…
Date: June 26, 2015
Docket Number: 14-3256
Justia Opinion Summary: Rodd, an investment advisor who produced and was regularly featured on a Minnesota local radio show, “Safe Money Radio,” was convicted of wire fraud, 18 U.S.C. 1343 and mail fraud, 18 U.S.C. 1341, for swindling 23…
Date: June 25, 2015
Docket Number: 14-2151
Justia Opinion Summary: Franklin claimed that Young, an assistant caseworker at the facility where Franklin was incarcerated, violated the Eighth Amendment by failing to protect him from sexual assault by another inmate by being deliberately…
Date: June 25, 2015
Docket Number: 14-2402
Justia Opinion Summary: Heartland provides laboratory services to long-term healthcare facilities. Watson, an African-American woman, was a route phlebotomist, traveling to several facilities, drawing blood from patients, and returning to the…
Date: June 25, 2015
Docket Number: 14-2600
Justia Opinion Summary: During a traffic stop, Williams left the vehicle and ran from police. Officers saw Williams drop a handgun, later identified as a loaded Glock 9. Williams pleaded guilty to unlawful possession of a firearm by a felon, 18…
Date: June 24, 2015
Docket Number: 14-2893
Justia Opinion Summary: Fonseca pleaded guilty to stealing 36 firearms from a federally licensed firearms dealer, 18 U.S.C. 922(u) and 924(i)(1). Fonseca was previously convicted in Kansas of knowing possession and disposal of eight of those…
Date: June 22, 2015
Docket Number: 13-2362
Justia Opinion Summary: Priesendorf, distraught and drunk, asked Purscell for a ride to a cemetery. On the return trip, Priesendorf's behavior became erratic. She put her foot on the accelerator, on top of Purscell's foot. Purscell got her to…
Date: June 22, 2015
Docket Numbers: 14-1651, 14-1934
Justia Opinion Summary: Greater Omaha employs several hundred workers in its beef processing plant. In 2008, the entire non-union fabrication workforce stopped working until the owner listened to their concerns. None were fired. In 2012, the…
Date: June 22, 2015
Docket Number: 14-1947
Justia Opinion Summary: In 2010, a West Virginia federal judge ordered Patriot to install environmental remediation facilities at two of its mines. From October 2010 until May 2012, for accounting purposes, Patriot recorded the installation…
Date: June 22, 2015
Docket Number: 14-2204
Justia Opinion Summary: Ransom was driving home to Kansas City. His van began backfiring. He pulled over. Someone called 911 and reported that shots had been fired from or near a white van, though the caller did not report seeing flashes.…
Date: June 19, 2015
Docket Number: 14-1959
Justia Opinion Summary: Officer Williams allegedly searched and seized Banks without probable cause, took $1,100 from him without including it in department records, and filed false reports, leading to a criminal prosecution against Banks for…
Date: June 19, 2015
Docket Number: 14-2846
Justia Opinion Summary: Officer Tourville stopped a speeding car. The driver’s license identified the driver as Smith. Tourville noticed a “slight odor of marijuana” coming from inside the car. Tourville checked Smith’s license, requested…
Date: June 19, 2015
Docket Number: 14-3305
Justia Opinion Summary: Brown pled guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and 924(a)(2). The district court sentenced Brown to 57 months imprisonment, recommending “the defendant participate in the Bureau of…
Date: June 19, 2015
Docket Number: 14-6043
Justia Opinion Summary: Lariat and Tenant entered into a 10-year lease for operation of a restaurant. Debtor personally guaranteed Tenant's performance. Tenant was evicted in 2010 and obtained a judgment of $2,224,237.00, plus interest and…
Date: June 18, 2015
Docket Number: 13-3012
Justia Opinion Summary: Snyder was on parole after serving sentences for possession of a controlled substance and automobile theft. The Missouri Board of Probation and Parole determined that Snyder had absconded and issued a warrant for his…
Date: June 18, 2015
Docket Number: 14-1921
Justia Opinion Summary: The plaintiffs obtained second mortgage loans on their homes through Bann-Cor. After Bann-Cor executed their loan agreements, it sold or assigned the loans and the accompanying mortgage liens to the defendants. The…
Date: June 18, 2015
Docket Number: 14-2265
Justia Opinion Summary: An estimated 1,600 Missouri homeowners obtained second mortgage loans from FirstPlus, a now-defunct California company. After issuing the loans, FirstPlus sold and assigned the loans and second mortgages to the…
Date: June 18, 2015
Docket Number: 14-2493
Justia Opinion Summary: Adams took her 16-year-old daughter, “M,” to Harris’s house. Harris, a paraplegic, has received morphine pills from the VA for 25 years. Harris regularly sold some of his pills. Adams was a customer. Adams told Harris…
Date: June 18, 2015
Docket Number: 14-2875
Justia Opinion Summary: Des Moines Officers Chiodo, Fong, and Wilshusen were patrolling in a marked squad car. A week earlier, a shooting had occurred nearby; the area had been the site of murders and narcotics and gang-related activity. Around…
Date: June 18, 2015
Docket Number: 14-2892
Justia Opinion Summary: In 2011, the IRS required tax preparers who were neither attorneys nor CPAs to pass a certification exam and obtain an identification number. H&R, a nation-wide tax service, passed anticipated costs to its customers by…
Date: June 17, 2015
Docket Number: 14-1655
Justia Opinion Summary: Kienstra, a Missouri resident, received treatment for uterine fibroid tumors at the Mayo Clinic in 2008. Her health plan concluded that her treatment fell outside the plan's coverage as experimental and requiring prior…
Date: June 17, 2015
Docket Number: 14-1665
Justia Opinion Summary: The Bankruptcy Code provides preferential treatment to domestic support obligations. Young filed for bankruptcy shortly after he and his wife, Stephens, divorced. The divorce decree required Young to pay alimony. Young…
Date: June 16, 2015
Docket Number: 14-1571
Justia Opinion Summary: Danial received a 120-day "shock" sentence for possessing marijuana. At the Missouri Western Correction Center, Danial was placed in the prison's "hospital" ward, where he beat on the walls. Following a request from…
Date: June 16, 2015
Docket Number: 14-2100
Justia Opinion Summary: Officer Bovy was stopped at a red light and saw Gaffney’s vehicle approaching from the opposite direction. As the light changed to green, the vehicle, without slowing, moved through the intersection. Bovy made a u-turn…
Date: June 15, 2015
Docket Number: 12-3919
Justia Opinion Summary: In 2003, the governors of Cedar Rapids Lodge obtained the rights to build an AmericInn franchise. The company used Lightowler as the project architect. Lightowler used a standard form agreement that specified that its…
Date: June 15, 2015
Docket Numbers: 14-1448, 14-2009, 14-2011
Justia Opinion Summary: Adame, Gutierrez, and Sanchez were convicted of conspiracy to distribute methamphetamine, 21 U.S.C. 841(a), (b)(1)(A), and 846. Adame and Sanchez were also convicted of distributing methamphetamine. Gutierrez did not…
Date: June 15, 2015
Docket Number: 14-2236
Justia Opinion Summary: After 31 robberies across Minnesota, Arafat was arrested and admitted to committing the last robbery. Charged with 13 counts of armed bank robbery, 18 U.S.C. 2113(a) and (d), Arafat successfully moved to proceed pro se…
Date: June 15, 2015
Docket Number: 14-2834
Justia Opinion Summary: Wright, a 50-year-old man, suffers from back and knee pain. Wright suffered a shoulder injury and complained of low back pain after being involved in a severe car accident in 2000. Wright suffered from another severe…
Date: June 12, 2015
Docket Number: 13-3773
Justia Opinion Summary: Shields and Wilson are Indians with interests on the Bakken Oil Shale Formation in the Fort Berthold Reservation in North Dakota, allotted to them under the Dawes Act of 1887. Such land is held in trust by the…
Date: June 12, 2015
Docket Number: 14-2746
Justia Opinion Summary: Wagner worked for Gallup for 12 years before his 2011 termination at age 50. Wagner co-authored two books for Gallup. The first became a New York Times bestseller. Gallup still sells both books. Wagner received positive…
Date: June 12, 2015
Docket Number: 14-2822
Justia Opinion Summary: Webster, on pretrial release for domestic assault, violated a court order not to visit his girlfriend’s residence. A fight broke out between him and her brothers. As the brothers were leaving, Webster retrieved a rifle…
Date: June 11, 2015
Docket Number: 14-1331
Justia Opinion Summary: Ideker sued, alleging she developed non-Hodgkins lymphoma from exposure to benzene while working in HD’s paint department. The district court dismissed, predicting that the Missouri Supreme Court would require Ideker to…
Date: June 11, 2015
Docket Number: 14-1993
Justia Opinion Summary: Schoettle, an insulin-dependent diabetic, was driving when he became lightheaded. He parked on the shoulder, took glucose tablets, and fell asleep or became unconscious. Deputy Hudson approached, knocked on the window,…
Date: June 11, 2015
Docket Number: 14-2575
Justia Opinion Summary: Farmer owned Arkat Nutrition, which owned the Plant One feed mill in Arkansas. Arkat Land owned Plant Two, which was leased to Arkat Nutrition, which produced animal feed. In 2007, a tornado damaged Plant One. Arkat…
Date: June 11, 2015
Docket Number: 14-3041
Justia Opinion Summary: Johnson has severe impairments, including chronic asthma, morbid obesity, borderline intellectual functioning, depression, anxiety, and post-traumatic stress disorder. She has never worked, has a ninth grade education,…
Date: June 11, 2015
Docket Number: 14-3070
Justia Opinion Summary: The second time the district court revoked Goad’s supervised release, it sentenced him to five months in prison and ordered him to reside in a residential reentry center for 120 days after his release from prison. Within…
Date: June 10, 2015
Docket Number: 14-2070
Justia Opinion Summary: The Ibrahims, immigrants from Somalia Have very limited English. In 2011, Oday Tax Service, whose employees spoke Somali, prepared their returns. Ibrahim’s return claimed “head of household” status, which was improper…
Date: June 10, 2015
Docket Number: 14-3251
Justia Opinion Summary: Heckman did not report, as income, a distribution from his employee stock ownership plan into his individual retirement account of investments worth $137,726 on his 2003 tax return. The IRS issued a notice of deficiency…
Date: June 8, 2015
Docket Number: 14-2484
Justia Opinion Summary: In 2012 the Golans received two unsolicited, prerecorded messages on their home phone line. Each message, recorded by Mike Huckabee, stated: "Liberty. This is a public survey call. We may call back later." The Golans had…
Date: June 8, 2015
Docket Number: 14-3189
Justia Opinion Summary: While in prison, Brown incorporated “Softwear Group.” After his release, Brown obtained an investment from Armstrong, a prison friend, who was in the residential mortgage business. Brown earned $5,000 per month. When the…
Date: June 8, 2015
Docket Number: 14-3463
Justia Opinion Summary: The McClungs bought a vacation home next to Greers Ferry Lake in Arkansas, and received a permit for a boat dock and stone steps on the public land between their property and the lake. The lake and shoreline area is…
Date: June 5, 2015
Docket Number: 14-1310
Justia Opinion Summary: In 2005 Ellis formed CST, to engage in the business of used automobile sales in Harrisonville, Missouri. CST's members were Ellis's self-directed IRA and Brown, an unrelated full-time CST employe. Ellis’s IRA was to…
Date: June 5, 2015
Docket Number: 14-2681
Justia Opinion Summary: In an ATF sting, undercover agents would describe a fictitious location where drugs were supposedly stored, and support plans for robbing it. St. Louis confidential informants purchased cocaine from Warren's cousin,…
Date: June 4, 2015
Docket Number: 14-1444
Justia Opinion Summary: Barillas, a citizen of Guatemala, entered the U.S. in 2006 without inspection and sought asylum and withholding of removal (8 U.S.C. 1101(a)(42)(A); 8 U.S.C. 1158(b)), arguing that in Guatemala, he suffered economic and…
Date: June 4, 2015
Docket Number: 14-2486
Justia Opinion Summary: Before 2010, no disciplinary issues were recorded in the employment history of former BNSF Railway claims representative Ludlow. In 2009, Ludlow discovered his forged signature on documents submitted to the Department of…
Date: June 4, 2015
Docket Number: 14-2524
Justia Opinion Summary: A masked man fired shots into a car, striking occupants. Witnesses saw a black Chrysler leave the area. Moments later, an officer saw a black Chrysler blocks from the crime scene, asked the driver, Phillip Roberts, to…
Date: June 3, 2015
Docket Number: 14-1499
Justia Opinion Summary: Keatings pled guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). He faced up to 10 years in prison, 18 U.S.C. 924(a)(2). Although Keatings’s criminal history was a Category 3, his last felony was more…
Date: June 2, 2015
Docket Number: 14-1181
Justia Opinion Summary: Hardy filed for Chapter 13 bankruptcy relief. On her Schedule B, Hardy stated that she would be receiving a 2012 tax refund. On her Schedule C, Hardy claimed the majority of the refund as exempt. She noted that $2,000 of…
Date: June 2, 2015
Docket Number: 14-1780
Justia Opinion Summary: Carlson took her pets to the Lakeville, Minnesota Southfork Animal Hospital, sometimes daily. Dr. Belisle, a Southfork veterinarian, received letters detailing how she would be kidnapped, tortured, and raped. Eight…
Date: June 2, 2015
Docket Number: 14-2202
Justia Opinion Summary: Avon Bank customer Herdering was contacted by "Gibson," who claimed to be the son of an African associate with whom Herdering had done business; that his father had died, leaving a $9 million estate; that the family…
Date: June 1, 2015
Docket Number: 14-1785
Justia Opinion Summary: Billings, Golden Valley, McKenzie, and Slope Counties in North Dakota, and the state, sued the United States under the Quiet Title Act, 28 U.S.C. 2409a, seeking to quiet title to alleged rights-of-way along section lines…
Date: June 1, 2015
Docket Number: 14-2636
Justia Opinion Summary: LoRoad, based in Oregon, negotiated to have GXV, based in Missouri, build a custom expedition vehicle. While the parties were exchanging drafts of an Agreement, LoRoad wired GVX $120,000, but subsequently expressed…
Date: June 1, 2015
Docket Number: 14-2841
Justia Opinion Summary: Rogers’s 2005 mortgage on her Minnesota home was executed in favor of Countrywide and it listed Mortgage Electronic Registration Systems (MERS) as the mortgagee. In 2008, MERS transferred its interest in the mortgage to…
Date: June 1, 2015
Docket Number: 14-2887
Justia Opinion Summary: Based largely on the testimony of his accomplice, Anderson, Clayton was convicted of stealing $11,284 from Citizens State Bank in Fort Dodge, Iowa. Other evidence included witness testimony and cell phone records. A…
Date: May 29, 2015
Docket Number: 13-3330
Justia Opinion Summary: Sergeant Denver of the Benton County Sheriff’s Office arrested New in 2009 for possession of marijuana after two leaves were found during a consensual search of New’s car following a traffic stop. When the Arkansas State…
Date: May 29, 2015
Docket Number: 14-1249
Justia Opinion Summary: On the first day of his arson trial, Kelley informed the court that Kelley did not want the public defender to represent him. Kelley explained that Kelley had not had a chance to view all the evidence against him and he…
Date: May 29, 2015
Citation: 788 F.3d 779
Docket Number: 14-1382
Justia Opinion Summary: Trinity operates on its church premises a licensed preschool and daycare, the Learning Center, which has an open admissions policy. It teaches a Christian world view and incorporates daily religious instruction in its…
Date: May 29, 2015
Docket Number: 14-1649
Justia Opinion Summary: Schell filed a qui tam suit under the False Claims Act, 31 U.S.C. 3729-3733, alleging Bluebird made false statements to the government to secure a three-year grant from the National Telecommunications and Information…
Date: May 29, 2015
Docket Number: 14-1908
Justia Opinion Summary: Officers obtained a warrant and searched an Arkansas home where an identifiable internet connection and computer had been used to receive child pornography, but did not find the computer. The home’s wireless network was…
Date: May 29, 2015
Docket Number: 14-2246
Justia Opinion Summary: Galvez pleaded guilty pursuant to a FastTrack plea agreement to illegal reentry following an aggravated-felony conviction, 8 U.S.C. 1326(a) and (b)(2), waiving the right to appeal his conviction and sentence. Finding…
Date: May 29, 2015
Docket Number: 14-3276
Justia Opinion Summary: Union Electric is a power company, and EIM is a trade-association-owned excess carrier for power companies. Union, as an association member, is a partial owner of EIM and is the named insured in a $100 million excess…
Date: May 28, 2015
Docket Number: 14-1770
Justia Opinion Summary: Between September 2011 and May 2012, Alaboudi convinced and coerced four women, two minors and two adults, to engage in commercial sex transactions in his apartment in Sioux Falls, South Dakota. Alaboudi was convicted of…
Date: May 28, 2015
Docket Number: 14-1931
Justia Opinion Summary: Medina police officers arrested Greenman on three separate occasions for, among other things, operating his Segway while under the influence of alcohol (DWI) in violation of Minnesota Statutes Chapter 169A. Greenman…
Date: May 28, 2015
Docket Number: 14-2083
Justia Opinion Summary: Reid worked as an attorney in Minnesota and received health insurance from Blue Cross through her law firm. In 2008, her son was diagnosed with autism spectrum disorder. One of the treatments he received was behavioral…
Date: May 27, 2015
Docket Number: 13-2195
Justia Opinion Summary: Omar was charged with conspiracy to provide material support to terrorists, 18 U.S.C. 2339A(a); providing material support to terrorists; conspiracy to provide material support to a designated foreign terrorist…
Date: May 27, 2015
Docket Number: 14-1891
Justia Opinion Summary: The Arkansas Human Heartbeat Act provided that a licensed physician “shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that a pregnant woman is…
Date: May 27, 2015
Docket Number: 14-2078
Justia Opinion Summary: In 2002, ESI acquired NPA, which provided pharmacy-benefit-management services to health funds created by the police union. In 2003, those funds brought a class action against ESI and NPA. The funds had never contracted…
Date: May 27, 2015
Docket Number: 14-2230
Justia Opinion Summary: Papesh had a GED and worked as a bakery helper. She reported long-term, low-back pain, which radiated to her hips and legs. She said the pain “is worse with working” because the bakery has concrete floors. She began…
Date: May 27, 2015
Docket Number: 14-2498
Justia Opinion Summary: After plaintiff was severely injured from falling off a ladder, he brought claims in state court against the ladder's manufacturers (Versa) and the seller of the ladder (Menard). Gulf, Versa's former insurance company,…
Date: May 27, 2015
Docket Number: 14-2683
Justia Opinion Summary: Plaintiff, Administratix of the Estates of Melanie Sorace and Jahneva Cannaday, filed suit against the United States, alleging a claim under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2674. Plaintiff's claim was based…
Date: May 27, 2015
Docket Number: 14-3017
Justia Opinion Summary: The Director and the Board sought a preliminary injunction under section 10(j) of the National Labor Relations Act of 1935 (NLRA), as amended by the Labor Management Relations Act of 1947, 29 U.S.C. 160(j), alleging that…
Date: May 26, 2015
Docket Number: 14-1112
Justia Opinion Summary: Daniel attended a birthday party for a St. Louis County police officer at Gannon's tavern, as an invited guest. Following a confrontation between Lammert and another in the parking lot, Lammert hit Daniel, then drove…
Date: May 26, 2015
Docket Number: 14-1205
Justia Opinion Summary: Askew, a military veteran and a former U.S. Postal Service employee, underwent a cardiac stent placement at the St. Louis Veterans Administration Medical Center. He was readmitted with an infection and the medical center…
Date: May 26, 2015
Docket Number: 14-1522
Justia Opinion Summary: An Iowa court entered an order requiring no contact between Peters and her boyfriend. Sioux City police stopped a speeding car being driven by the boyfriend, found that Peters was a passenger, arrested her for violating…
Date: May 26, 2015
Docket Number: 14-1892
Justia Opinion Summary: Unison, a South Korean company, manufactures, sells, delivers, and services Wind Turbine Generators (WTGs). JEDI is incorporated and located in Minnesota. In a Turbine Supply Agreement (TSA), Unison agreed to design,…
Date: May 26, 2015
Docket Number: 14-1976
Justia Opinion Summary: A neighbor saw a man he later identified as Griffith place a TV and what appeared to be a firearm in the back of a car and called the victim at work. The victim believed a crime was taking place. The victim called…
Date: May 26, 2015
Docket Number: 14-1984
Justia Opinion Summary: Rey was convicted of conspiracy to distribute cocaine base, 21 U.S.C. 841(a)(1), 841(b)(1), and 846. The jury found that the conspiracy involved between five and 50 grams of cocaine base. The district court determined…
Date: May 26, 2015
Docket Number: 14-2815
Justia Opinion Summary: Rebouche began working for Deere as a technician in 1977. She claims she was passed over for promotions and asked to train male supervisors. In 1998 she and three others filed a complaint with human resources. As a…
Date: May 22, 2015
Docket Number: 14-1852
Justia Opinion Summary: On December 28, Hudson did not attend work as a Tyson supervisor due to illness. Hudson’s girlfriend (a Tyson employee) told Hudson’s supervisor, Beganovic, that Hudson would be late or absent that day. Hudson claims he…
Date: May 22, 2015
Docket Number: 14-2829
Justia Opinion Summary: Manning, who had a 1997 Texas sexual assault conviction, was arrested in El Dorado, Arkansas, and charged with failing to register as a sex offender in violation of 18 U.S.C. 2250, the Sex Offender Registration and…
Date: May 22, 2015
Docket Number: 14-6044
Justia Opinion Summary: In Seifert’s chapter 12 bankruptcy petition, sale proceeds from the current year’s crop were described as $134,661 in “farm earnings,” consisting of checks jointly payable to the Farm Services Agency (FSA), CHS, and…
Date: May 21, 2015
Docket Numbers: 13-3581, 13-3582, 13-3666
Justia Opinion Summary: A class action complaint alleged that for many years the commercial filmmaking wing of the NFL used the names, images, likenesses, and identities of former NFL players in videos to generate revenue and promote the NFL.…
Date: May 21, 2015
Docket Numbers: 14-1882, 14-1950
Justia Opinion Summary: Zup’s owned a strip mall in Babbitt, Minnesota, where it operated a supermarket and rented space to other businesses. When the strip mall burned down in 2011, Zup’s lost income from its supermarket as well as rent from…
Date: May 21, 2015
Docket Number: 14-1950
Date: May 20, 2015
Docket Number: 14-2556
Justia Opinion Summary: The Department of Homeland Security placed Salas-Caballero, a citizen of Mexico, in removal proceedings. He conceded removability, but applied for cancellation of removal under 8 U.S.C. 1229b(b)(1). He has a…
Date: May 18, 2015
Docket Number: 14-2666
Justia Opinion Summary: Salazar was convicted in Missouri state court of possessing and trafficking a controlled substance and was deported to Mexico. Salazar subsequently returned to Missouri. After learning that Salazar had reentered, the…
Date: May 15, 2015
Docket Number: 14-1541
Justia Opinion Summary: The Belcourt School District operates within the Turtle Mountain Indian Reservation. The North Dakota Constitution requires that the District provide education to children who are Indians or reside on Indian…
Date: May 15, 2015
Docket Numbers: 14-1702, 14-1549
Justia Opinion Summary: Fort Yates School District operates within the Standing Rock Indian Reservation. The North Dakota Constitution requires that the District provide education to children who are Indians or reside on reservations. In 2003,…
Date: May 15, 2015
Docket Number: 14-3086
Justia Opinion Summary: Beckmann, convicted for possession of child pornography in 2001, was visited for a routine compliance check. Beckmann consented to a search of a laptop, visible on a table. While Deputy Barbato searched the laptop,…
Date: May 14, 2015
Docket Number: 12-2146
Justia Opinion Summary: After refinancing a home mortgage in 2007, Beukes, mailed a notice of rescission in 2010, which was rejected. Beukes stopped making payments. Mortgage Electronic Registration Systems (MERS), as nominee for the lender,…
Date: May 14, 2015
Docket Number: 14-6037
Justia Opinion Summary: Slominski (a friend of one of the debtor-partners) and the debtor asserted that the farmland lease between them started as a verbal lease in 2010, but just a few days before the December 6, 2010 involuntary Chapter 11…
Date: May 12, 2015
Docket Number: 13-1162
Justia Opinion Summary: In 2006-2009, the five defendants’ partial Ponzi scheme received more than $193 3 million from hundreds of investors. Only $49 million was returned, all from new investors’ money. Some investors lost their life savings. …
Date: May 12, 2015
Docket Number: 13-3744
Justia Opinion Summary: Weitz contracted with Hyatt to build an Aventura, Florida assisted-living facility, which was completed in 2003. Hyatt obtained post-construction insurance from defendants. Weitz was neither a party nor a…
Date: May 12, 2015
Docket Number: 13-3785
Justia Opinion Summary: In 1997, after his third DWI arrest, Scheffler’s driving privileges were cancelled. Scheffler successfully completed a one-year abstinence-only program, and in 1998, was issued a driver’s license with the restriction…
Date: May 12, 2015
Docket Numbers: 14-1926, 14-1213
Justia Opinion Summary: Martinez was born in Guatemala to a Mexican mother, who left him in Guatemala when she returned to Mexico. She eventually married an American and moved to the U.S. As a teenager, Martinez was a member of a church youth…
Date: May 12, 2015
Docket Number: 14-2396
Justia Opinion Summary: K, age 15, went missing. Officers tracked K's cell phone to Mathis's house. Mathis's girlfriend told officers that Mathis was not home and that she did not know K's whereabouts. Mathis, K, and other young males were…
Date: May 12, 2015
Docket Number: 14-2512
Justia Opinion Summary: Smith sought a conditional use permit (CUP) to build a 300-foot-tall cellular tower on a Washington County site zoned "Agriculture/Single-Family Residential." There are homes within one-quarter of a mile of the site. The…
Date: May 12, 2015
Docket Number: 14-2724
Justia Opinion Summary: Billiot was convicted in Louisiana state court on three counts of aggravated incest in 1996, and on one count of aggravated incest in 1997. He was released from state custody in 2000. At the time of Billiot’s…
Date: May 11, 2015
Docket Number: 13-3069
Justia Opinion Summary: n 2007, Minneapolis Police Department Lieutenant Keefe was made commander of the Violent Offenders Task Force, involving the FBI, ATF, and the U.S. Attorney’s Office. The task force conducted a wiretap investigation of a…
Date: May 11, 2015
Docket Number: 14-1387
Justia Opinion Summary: Texas officers stopped Bekric while he was driving a semi-tractor pulling a trailer in 2012. The trailer, not owned by Bekric, had a false wall concealing 1,970 pounds of marijuana wrapped in bundles to fit specific…
Date: May 11, 2015
Docket Numbers: 14-2001, 14-2002
Justia Opinion Summary: While fishing with his son-in-law and grandson near Gavins Point Dam on the Missouri River in Cedar County, Nebraska, Metter was struck and killed when a parked pickup truck came out of gear and rolled down an…
Date: May 11, 2015
Docket Number: 14-2229
Justia Opinion Summary: Ziesmer was driving when Travis threw a cigarette out the window. It flew back in and landed on the back floor. Ziesmer pulled over to retrieve the cigarette. Trooper Hagen approached. Hagen claims and Travis denies that…
Date: May 11, 2015
Docket Number: 14-2397
Justia Opinion Summary: In 2005, Iowa prosecutors convicted Keys of delivering cocaine and possessing cocaine with intent to deliver. Keys received a suspended sentence of ten years. Keys was convicted in 2008 of possessing cocaine with intent…
Date: May 11, 2015
Docket Number: 14-2869
Justia Opinion Summary: Grider and his family were at a Taco Bell. An argument occurred between Grider and another patron. Police were called. The Griders crossed the street to eat in their vehicle. Officer Bowling, the first to arrive,…
Date: May 11, 2015
Docket Number: 15-6002
Justia Opinion Summary: Diamond filed a chapter 7 bankruptcy petition. February 28, 2012 was the deadline for complaints to determine the dischargeability of certain debts under 11 U.S.C. 523(c). On February 15, Goldstein requested a 60-day…
Date: May 8, 2015
Docket Number: 13-3408
Justia Opinion Summary: The Fond du Luth Casino in Duluth opened in 1986 as a joint venture between the city and the Fond du Lac Band of Lake Superior Chippewa and is operated by the Band. The 1988 Indian Gaming Regulatory Act led to…
Date: May 8, 2015
Docket Number: 14-1668
Justia Opinion Summary: Law enforcement learned that Montejano and Lopez were supplying methamphetamine from Iowa to Arkansas. During an intercepted telephone call, the two identified Santos as a distributor. In a second intercepted call, Lopez…
Date: May 8, 2015
Docket Number: 14-2125
Justia Opinion Summary: In a 2008 collision on I-40 in West Memphis, McHone, driving a car, was struck by a tractor trailer driven by Whirley. McHone’s State Farm policy included coverage for uninsured motor vehicles with bodily injury limits…
Date: May 8, 2015
Docket Number: 14-2872
Justia Opinion Summary: Minneapolis Officers Martin and Englund were patrolling an area that had high levels of narcotics transactions. They saw a car stopped in the middle of the road with Hurd standing next to the driver’s window. Based on…
Date: May 7, 2015
Docket Number: 13-3170
Justia Opinion Summary: Plaintiffs brought a putative class action against Union Pacific Railway, and Stickle, alleging that failure to properly build and maintain railway bridges over the Cedar River caused or exacerbated the 2008 flood and…
Date: May 7, 2015
Docket Number: 14-1755
Justia Opinion Summary: Jackson claimed to be at work when her house burned. Little Rock Fire Department investigator Baker determined the fire was started by human intervention. Baker detected accelerants in the house; the fire's points of…
Date: May 7, 2015
Docket Number: 14-1853
Justia Opinion Summary: A fire occurred at the Ralph Engelstad Arena on July 3, 2011. Arena Holdings alleges the fire started when a Crown Macro-Tech 5002VZ amplifier produced a direct current to a speaker that spread to adjoining speakers…
Date: May 7, 2015
Docket Number: 14-2646
Justia Opinion Summary: Leonard started drinking and using drugs as a teenager and has eight prior convictions related to drugs and alcohol. In 2002, at age 26, Leonard was in a car accident while driving drunk. In 2003, he was again in a car…
Date: May 6, 2015
Docket Number: 14-1899
Justia Opinion Summary: Beltramea solicited investments to open a Subway restaurant franchise, but used the funds for personal expenses and for a real estate development, “Castlerock,” made fraudulent representations to banking institutions,…
Date: May 5, 2015
Docket Number: 14-1957
Justia Opinion Summary: A Missouri deputy responded to a report of a stolen firearm. Arriving at the Elledge home he discovered that Jackson was reporting the stolen firearm. A Highway Patrol Trooper arrived. Jackson stated that he had…
Date: May 5, 2015
Docket Number: 14-2118
Justia Opinion Summary: In 2001, Phillips pled guilty to statutory rape. In 2012, he failed to register as a sex offender and was sentenced to 24 months’ imprisonment and 10 years’ supervised release. In 2014, two months into his release, the…
Date: May 5, 2015
Docket Number: 14-2574
Justia Opinion Summary: Matthews’s girlfriend, the mother of his child, reported theft of a firearm. She identified Matthews as a suspect and suggested that Matthews was trafficking heroin. Matthews lived in an apartment in a secure building,…
Date: May 4, 2015
Docket Number: 14-1961
Justia Opinion Summary: Thibeaux, previously convicted of a crime punishable by a term of imprisonment exceeding one year, was convicted as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The district court imposed a sentence of 120…
Date: May 4, 2015
Docket Number: 14-2089
Justia Opinion Summary: Rosemann hired attorney Sigillito after Sigillito falsely informed Rosemann that he was an expert in international investments. In 2007, Rosemann received a $15.6 million buyout from the sale of his family’s company.…
Date: May 4, 2015
Docket Number: 14-2383
Justia Opinion Summary: Johnson was a guard at the South Dakota State Penitentiary. Inmates Berget and Robert attempted to escape and intentionally murdered Johnson. Berget entered the penitentiary at age 15 after escaping repeatedly from State…
Date: May 4, 2015
Docket Number: 14-2482
Justia Opinion Summary: Petters orchestrated a $3.65 billion Ponzi scheme, operating a sham business, PCI, which purportedly purchased electronics in bulk and resold them. Ritchie advanced $189 million to PCI, in exchange for promissory notes.…
Date: May 1, 2015
Docket Number: 15-1458
Justia Opinion Summary: Former and current employees filed a class action lawsuit in state court against Gilster and other defendants, alleging lung impairment (or potential lung impairment) from exposure to butter-flavoring products, including…
Date: April 30, 2015
Docket Number: 14-1361
Justia Opinion Summary: ATF operated a fake tattoo parlor in St. Louis to set up stings for illegal gun sales. At a nearby parking lot an agent saw Sacus make a drug sale. When Sacus later approached, the agent asked Sacus if he had drugs for…
Date: April 29, 2015
Docket Number: 14-1760
Justia Opinion Summary: Former employees filed a qui tam False Claims suit against Heritage College, a for-profit school, alleging it fraudulently induced the Department of Education (DOE) to provide funds by falsely promising to keep accurate…
Date: April 29, 2015
Docket Number: 14-3748
Justia Opinion Summary: The district court denied Ragland’s petition under 28 U.S.C. 2255 for relief from his conviction and sentence for distribution of heroin resulting in death (21 U.S.C. § 841(a)(1) and (b)(1)(C)), which has a mandatory…
Date: April 28, 2015
Docket Number: 14-1589
Justia Opinion Summary: Turner, a Missouri inmate, suffered from a neurological disorder but was able to ambulate, stand, and sit by using leg braces and crutches. Although Turner received medical care several times, no physician ordered a…
Date: April 27, 2015
Docket Number: 13-3627
Justia Opinion Summary: In 1991, Nunley pled guilty in Missouri state court to the kidnapping, rape, and murder of a 15-year-old girl. After Nunley waived his right to jury sentencing, the state court sentenced him to death. He sought to…
Date: April 27, 2015
Docket Number: 14-1639
Justia Opinion Summary: Miller suffered: a brain injury in a 1998 car accident and had back surgery in 2004. Although his doctor described his brain injury as stable, but Miller complained of memory and balance problems and pan. Miller claims…
Date: April 27, 2015
Docket Number: 14-1749
Justia Opinion Summary: United operates a nationwide household goods moving network with more than 400 independently owned and operated agents. Since 1993, Chavis has been a full-service United agent. The parties' relationship is governed by a…
Date: April 27, 2015
Docket Number: 14-1912
Justia Opinion Summary: Convent filed suit in the Circuit Court of Pulaski County, Arkansas, seeking to appeal a resolution that the North Little Rock City Council passed declaring Convent's property a nuisance and condemning the property. In…
Date: April 24, 2015
Docket Number: 14-2149
Justia Opinion Summary: Detectives approached people in Kinlock, Missouri, after observing apparent drug transactions. Seeing the detectives, Adams clutched his waistband and fled. Detective Hinds testified that, while in pursuit, he saw Adams…
Date: April 23, 2015
Docket Number: 14-1635
Justia Opinion Summary: From 1978 to 2008 Stanley worked as a hauler for Allied and was responsible for loading and unloading cars from his trailer. In 2008, Stanley attempted to unload a car from the upper deck of a 55 foot, eight car trailer…
Date: April 22, 2015
Docket Number: 14-1646
Justia Opinion Summary: Expander Global conducts no business and is merely a holding company for its wholly owned subsidiary, Expander SystemSweden, another Swedish corporation. Expander Sweden wholly owns Expander Americas. Those companies…
Date: April 22, 2015
Docket Number: 14-2117
Justia Opinion Summary: Steve "Wild Thing" Ray wrestled in the Universal Wrestling Federation (UWF) from 1990 to 1994. His matches were filmed. Ray specifically agreed that the films would be "sold and used." Since his retirement from the UWF,…
Date: April 22, 2015
Docket Number: 14-6033
Justia Opinion Summary: The Peets sought relief under chapter 13 of the bankruptcy code on December 5, 2011. When they filed their petition for relief, the Peets and Marilynn Peet's parents held title to real property in Missouri as joint…
Date: April 21, 2015
Docket Number: 14-2210
Justia Opinion Summary: Madel sued the Department of Justice and Drug Enforcement Administration for a response to Freedom of Information Act, 5 U.S.C. 552, requests that sought information on oxycodone transactions in Georgia by five private…
Date: April 17, 2015
Docket Number: 14-1519
Justia Opinion Summary: Meyer pleaded guilty to receipt and possession of child pornography, 18 U.S.C. 2252(a)(2) and 2252(a)(4)(B). Using websites and a peer-to-peer file-sharing program, Meyer accessed and downloaded more than 300 videos and…
Date: April 17, 2015
Docket Number: 14-2750
Justia Opinion Summary: In 2008, Thomas pleaded guilty to distribution of cocaine base, 21 U.S.C. 841(a)(1) and was sentenced to 72 months imprisonment and four years supervised release. Thomas began supervised release in April 2013. In…
Date: April 16, 2015
Docket Numbers: 13-3132, 13-3130, 13-3131
Justia Opinion Summary: In 2008, an explosion and fire substantially damaged the Hereford House, a well-known restaurant in downtown Kansas City. Surveillance footage from immediately before the incident showed individuals entering with…
Date: April 15, 2015
Docket Number: 12-2508
Justia Opinion Summary: In 2014, the Eighth Circuit held that the Petersons’ claim for rescission under the Truth in Lending Act, 15 U.S.C. 1601, was time-barred by 15 U.S.C. 1635(f) because of their failure to file a lawsuit within three years…
Date: April 15, 2015
Docket Number: 14-1783
Justia Opinion Summary: A fire destroyed the Kostecki home. Their insurer, AAIC, reimbursed their loss, received an assignment of rights, and filed a products liability action against Omega, the manufacturer of TracPipe, a corrugated stainless…
Date: April 15, 2015
Docket Number: 14-2586
Justia Opinion Summary: Charged with filing false or fraudulent tax returns, Jett pled guilty to making a false claim against the government, 18 U.S.C. 287. In his plea agreement, Jett expressly waived his right to appeal his sentence, directly…
Date: April 14, 2015
Docket Number: 14-1725
Justia Opinion Summary: Mendoza began a five-year term of supervised release in December 2012 after serving a 200-month prison sentence for possessing methamphetamine with intent to distribute. In November 2013, Texas State Trooper Honesto…
Date: April 14, 2015
Docket Number: 14-1833
Justia Opinion Summary: Police searched Mayne’s vehicle, seizing 180 pseudoephedrine pills, methamphetamine, and other items used to manufacture meth. He pled guilty to possession of pseudoephedrine knowing it would be used to manufacture meth,…
Date: April 13, 2015
Docket Number: 13-3532
Justia Opinion Summary: Linares was held at the Hardin County Correctional Center at the direction of Immigration and Customs Enforcement (ICE). She alleges that another inmate made derogatory and “threatening statements,” which “alarmed” her;…
Date: April 13, 2015
Docket Number: 14-1944
Justia Opinion Summary: Police received a tip that people were selling crack cocaine from a specified address, that they drove a "new car," and identifying the license plate number. The number provided was registered to a 1994 GMC. Days later,…
Date: April 10, 2015
Docket Number: 13-3067
Justia Opinion Summary: Hawkes wishes to mine peat from wetland property owned by affiliated companies in northwestern Minnesota. The U.S. Army Corps of Engineers issued an Approved Jurisdictional Determination (JD) that the property…
Date: April 10, 2015
Docket Number: 13-3769
Justia Opinion Summary: Batemon, represented by court-appointed counsel, pleaded nolo contendere to distributing cocaine base, 21 U.S.C. 841(a)(1). After the court announced his sentence, Batemon complained that his attorney had predicted a…
Date: April 10, 2015
Docket Number: 14-1237
Justia Opinion Summary: Law enforcement received information that McMahan was part of a methamphetamine distribution conspiracy that was bringing drugs from Minnesota to Iowa for resale. The next day, an officer observed McMahan driving a red…
Date: April 10, 2015
Docket Numbers: 14-1488, 14-1084
Justia Opinion Summary: Benson traveled from Houston to St. Louis, Missouri, to sell cocaine to O’Bryant. O’Bryant had purchased plane tickets for Jackson and Stringfellow to travel to St. Louis. Stringfellow testified that he, O’Bryant, and…
Date: April 10, 2015
Docket Number: 14-1520
Justia Opinion Summary: The Patient Protection and Affordable Care Act (ACA) creates “navigators,” to assist consumers in purchasing health insurance from exchanges, 42 U.S.C. 18031(i), and authorizes the Department of Health and Human Services…
Date: April 10, 2015
Docket Number: 14-2146
Justia Opinion Summary: The government charged Armstrong with distribution of 12.5 grams of crack cocaine, 21 U.S.C. 841(a)(1), based on Armstrong's alleged sale of crack cocaine to a confidential informant (CI) during a controlled buy that…
Date: April 9, 2015
Docket Number: 13-2834
Justia Opinion Summary: Story, an African-American inmate in Arkansas, sued four correctional officers under 42 U.S.C. 1983, alleging that they violated his constitutional rights during a visual body-cavity search that occurred after Story…
Date: April 9, 2015
Docket Number: 13-3255
Justia Opinion Summary: Retired seamstress, Joseph, never had annual household income exceeding $40,000; her condominium, worth $169,990, was foreclosure. Joseph was born in Haiti. She did not speak English well. Jean referred Joseph to the…
Date: April 9, 2015
Docket Number: 13-3331
Justia Opinion Summary: In 2002, the Bagleys convinced a 16-year-old female (FV) to live with them in a wooded area in Lebanon, Missouri. FV had a troubled childhood in foster care. The Bageleys believed her to have “mental deficiencies.” Mr.…
Date: April 9, 2015
Docket Number: 14-1436
Justia Opinion Summary: Galarza entered the U.S. unlawfully in 1986. In 1999 he was granted voluntary departure. Galarza re-entered, unlawfully, in 2000. In 2010, he was arrested and removal proceedings were commenced. Galarza asserts that ICE…
Date: April 7, 2015
Docket Number: 13-3743
Justia Opinion Summary: Nurse Dalton was terminated from her supervisory position at the ManorCare skilled nursing facility. Dalton alleged interference with her statutory rights under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601,…
Date: April 7, 2015
Docket Numbers: 14-1202, 14-1187
Justia Opinion Summary: Prisoners on death row filed suit, challenging Missouri's execution protocol as violating the federal Controlled Substances Act and the Food, Drug and Cosmetic Act, and based on Eighth Amendment due process, ex post…
Date: April 7, 2015
Docket Number: 14-1954
Justia Opinion Summary: The City of Little Rock issued Carrick three citations for violating municipal ordinances. In Arkansas, such citations, if contested, are initially tried to a judge and can be appealed to a jury in the state trial court,…
Date: April 7, 2015
Docket Number: 14-6032
Justia Opinion Summary: Debtor is a talented singer. Wilson agreed to help manage the Debtor’s career. The two entered into a series of agreements. Wilson claims to have spent significant funds to advance Debtor’s career, but did not identify…
Date: April 7, 2015
Docket Number: 14-6036
Justia Opinion Summary: Debtor filed a voluntary chapter 11 petition. Debtor had a program under which independent contractor drivers could lease and acquire ownership of trucks. Trucks were financed or leased from creditors, including Daimler.…
Date: April 6, 2015
Docket Number: 13-3676
Justia Opinion Summary: A Minnesota jury convicted Martin of first-degree murder, committed at age 17. Martin received a mandatory life sentence without possibility of release. The Minnesota Supreme Court affirmed and rejected a challenge to…
Date: April 6, 2015
Docket Number: 14-1127
Justia Opinion Summary: The Festus City Council terminated Draper from his position as City Administrator six months into a three-year employment contract, after the election of a council member who was critical of Draper’s performance. The…
Date: April 6, 2015
Docket Number: 14-1428
Justia Opinion Summary: Cotton was attempting to enter an apartment complex in a violent area, "plagued with narcotic activity, robberies, [and] shootings." Police officers saw an individual throw keys off a balcony to Cotton and an…
Date: April 6, 2015
Docket Number: 14-2518
Justia Opinion Summary: Williamson pleaded guilty to participating in a counterfeiting conspiracy, 18 U.S.C. 513(a) and 371, for printing counterfeit checks, purportedly drawn on local businesses, and cashing the checks using stolen social…
Date: April 3, 2015
Docket Numbers: 14-2621, 14-2623
Justia Opinion Summary: California posts information about unclaimed property on a public website. Bolt made claims in 2011 and 2012 in the name of his company, Situs Cancer Research Center,. Bolt created fraudulent donation agreements which…
Date: April 3, 2015
Docket Number: 14-2704
Justia Opinion Summary: In 2001, Woodall was convicted of in Missouri for having sexual relations with his 15-year-old stepsister. He was required to register as a sex offender. In November 2012, Woodall moved to Iowa but did not notify…
Date: April 1, 2015
Docket Number: 13-3607
Justia Opinion Summary: Robl and Homoly formed the Company to develop real estate. Robl held a 60% share and Homoly held 40%. Steve Robl was the tax matters partner; his wife, accountant Vera Robl, assisted with financial records; Homoly was a…
Date: March 31, 2015
Docket Number: 14-1123
Justia Opinion Summary: Defendant was charged with aggravated sexual abuse of a minor, 18 U.S.C. 1153, 2241(c), and 2246(2)(A) and (D); abusive sexual contact of a child, 18 U.S.C. 1153, 2244(a)(1) and (5), and 2246(3); abusive sexual contact…
Date: March 30, 2015
Docket Number: 14-1929
Justia Opinion Summary: In 2004, Streambend signed agreements to purchase two units in a Minneapolis residential condominium development, Ivy Hotel + Residences. Completion of the units was delayed, two additional floors were added without…
Date: March 26, 2015
Docket Number: 11-3423
Justia Opinion Summary: Washington, an African-American, began working for American Airlines in 2002, when American acquired the company for which Washington had worked since 1974. Washington applied for the position of Machinist in 2007, but…
Date: March 26, 2015
Docket Number: 14-1356
Justia Opinion Summary: Smart Candle sells light-emitting diode flameless candles and commercial lighting systems internationally. Excell sued under the LanhamAct alleging that Smart Candle’s use of the trade name and trademark “Smart Candle”…
Date: March 26, 2015
Docket Number: 14-1381
Justia Opinion Summary: From 2004 until 2010, Grandison delivered cocaine in the Kansas City area for Johnson, a national drug distributor. Johnson testified Grandison delivered 525 to 675 kilograms of cocaine during this period by obtaining…
Date: March 26, 2015
Docket Number: 14-1741
Justia Opinion Summary: Menard operated a store in a building subleased from Wal-Mart. In 2006, Menard entered into a Purchase Agreement (PA) with Dial; Clauff signed as a managing member of Dial. Menard planned to build a store and wanted to…
Date: March 25, 2015
Docket Number: 13-3253
Justia Opinion Summary: In 2006, Robinson opened Paideia Academy, a non-profit charter St. Louis charter school. State and federal monies, disbursed through the Missouri Department of Elementary and Secondary Education, exclusively funded the…
Date: March 25, 2015
Docket Number: 14-1567
Justia Opinion Summary: Stratus Franchising sells master franchises, which grant a master franchiser the exclusive right to sell Stratus unit franchises in a particular regional market. Each plaintiff (current or former unit franchisees of the…
Date: March 25, 2015
Docket Number: 14-1894
Justia Opinion Summary: In 2005 E3’s predecessor began construction of an ethanol plant, to be powered, in part, by methane, and contracted with Biothane for a boiler system. Biothane, an expert in systems integration but not in boilers…
Date: March 24, 2015
Docket Number: 14-1623
Justia Opinion Summary: Lyons, a part-time lecturer at the University of Missouri at Kansas City, gave a student athlete a grade of “F” in the Fall 2010 semester. The student appealed. Lyons’s supervisor determined the student should be allowed…
Date: March 23, 2015
Docket Number: 13-2729
Justia Opinion Summary: A guard found a letter near Porter’s former cell, addressed to the Missouri Governor. It had Porter’s name on the return address and said it contained anthrax. An inmate near the cell had threatened “to get” Porter. An…
Date: March 23, 2015
Docket Number: 14-1054
Justia Opinion Summary: After arresting prostitutes, officers noticed markings on one woman (victim). She identified Roy as her pimp and boyfriend. Roy had posted ads for the victim on Backpage.com. She was required to give Roy the money she…
Date: March 23, 2015
Docket Number: 14-1422
Justia Opinion Summary: Young approached an Iowa UPS truck to give the driver a package, anxiously offering to pay with cash. The driver directed Young to a dropoff location. Returning to that location, he saw a package from Young’s address.…
Date: March 23, 2015
Docket Numbers: 14-1425, 14-1454
Justia Opinion Summary: The Eighth Circuit consolidated appeals from district court decisions granting defendants summary judgment in cases under 42 U.S.C. 1983 against law enforcement officials and municipalities. The claims related to the…
Date: March 23, 2015
Docket Number: 14-1664
Justia Opinion Summary: In March, 2004, Harris closed on a home with a mortgage loan from MPI. To be licensed in Missouri, MPI, as obligor and principal, bought two “Missouri Residential Mortgage Brokers Bonds” from Hartford, its surety, RSMo…
Date: March 23, 2015
Docket Number: 14-1669
Justia Opinion Summary: Officers responded to a call of a rape in progress and saw a car leave an apartment complex about 1,000 feet from the scene. The car stopped and remained idle for 30 to 45 seconds. Investigators recovered a Missouri…
Date: March 23, 2015
Docket Number: 14-1787
Justia Opinion Summary: Deputy Wintle initiated a traffic stop and obtained Brewer’s consent to a sniff search of the vehicle. The drug dog alerted to the trunk. Wintle patted Brewer down. Brewer had no weapons on his person, but had $1,000 in…
Date: March 23, 2015
Docket Number: 14-1928
Justia Opinion Summary: Petruk stole Behning’s pickup truck. Separate charges were brought against Petruk in Minnesota state court (2012) and federal court (2013) related to the theft. While incarcerated on the theft charges, Petruk attempted…
Date: March 20, 2015
Docket Numbers: 13-3265, 13-3380
Justia Opinion Summary: The Department of Labor (DOL) investigated a complaint that ActionLink, a marketing company, had misclassified some of its employees as exempt under the Fair Labor Standards Act (FLSA) and failed to pay overtime…
Date: March 20, 2015
Docket Number: 14-1595
Justia Opinion Summary: In 2007, while operating a truck, Yelder, an employee of Yelder-N-Son Trucking, collided with a Tri-National truck, causing extensive property damage. Tri-National filed a claim with its insurer, Harco, which paid…
Date: March 19, 2015
Docket Number: 13-2918
Justia Opinion Summary: In 2006, Sletten, an orthodontist practicing in Minnesota and Wisconsin, bought general liability and personal injury liability insurance from Continental through Wells Fargo. The next year, Sletten formed S&B, which…
Date: March 18, 2015
Docket Numbers: 13-2566, 13-2572, 13-2574
Justia Opinion Summary: Corey Turner, Donald Turner, and Antonio Turner were among the subjects of a 2010 investigation of cocaine distribution by the Drug Enforcement Administration and the police department in Sikeston, Missouri. In 2011, 14…
Date: March 18, 2015
Docket Number: 14-2805
Justia Opinion Summary: Munz pleaded guilty to a conspiracy to manufacture methamphetamine, 21 U.S.C. 841(a)(1), 841(b)(1)(C), and 846. The Sentencing Guidelines advisory range for his crime was 46 to 57 months' imprisonment. Munz requested a…
Date: March 18, 2015
Docket Number: 14-6034
Justia Opinion Summary: Debtors filed a petition for relief under chapter 11 in 1999. Debtors proposed several plans of reorganization, but none were confirmed. On the Trustee's motion, the bankruptcy court dismissed Debtors' case in 2004.…
Date: March 18, 2015
Docket Number: 14-6045
Justia Opinion Summary: Debtors filed a Chapter 7 bankruptcy petition. The Credit Union sought Relief from Stay regarding a 2008 Chrysler van, which had been owned by Debtor’s father (Neale), but was in the Debtors’ possession. The van’s…
Date: March 17, 2015
Docket Number: 13-3252
Justia Opinion Summary: Argonaut sued Audrain County Joint Communications (ACJC) alleging ACJC's negligence in monitoring a security alarm panel caused or contributed to damages arising out of the burglary and fire of a grocery store insured by…
Date: March 17, 2015
Docket Number: 14-1659
Justia Opinion Summary: Polk County, Arkansas, Sheriff’s Officers were attempting to locate a rural address during unrelated investigation and decided to contact neighbors for assistance. The officers but did not enter property later identified…
Date: March 17, 2015
Docket Number: 14-2772
Justia Opinion Summary: Clark filmed himself touching and attempting to penetrate the vagina and anus of a seven-year-old girl with his penis. The child reported Clark's conduct and Clark ultimately pleaded guilty to producing child…
Date: March 16, 2015
Docket Number: 14-1782
Justia Opinion Summary: Responding to a report of an assault that was no longer in progress, Sheriff's Deputy Olson shot and killed Capps. Capps's parents sued Deputy Olson for using excessive force in violation of 42 U.S.C. 1983. Deputy Olson…
Date: March 13, 2015
Docket Number: 13-3379
Justia Opinion Summary: In 2007, while on probation for 2005 theft offenses, Clark illegally used a credit account. North Dakota revoked Clark's probation, and he received a sentence of five years for the 2005 offenses. Clark entered into a…
Date: March 13, 2015
Docket Number: 14-1094
Justia Opinion Summary: Based on an incident between Fire Cloud, an Indian, and his friend’s girlfriend, that occurred in his home on Indian land, Fire Cloud was charged with aggravated sexual abuse by force (Count I) and attempted aggravated…
Date: March 13, 2015
Docket Number: 14-1210
Justia Opinion Summary: A “viatical” or “life settlement” permits an insured to sell his life insurance policy. Federal tax and some state laws have been amended to accommodate the practice. In 2006, an agent persuaded Close, age 74, to apply…
Date: March 11, 2015
Docket Number: 13-1748
Justia Opinion Summary: Bloomington, Minnesota police received a complaint from a hotel manager who suspected prostitution was occurring in a room registered to Chappell. After seeing scantily clad young women staying in the room and many daily…
Date: March 11, 2015
Docket Number: 14-1619
Justia Opinion Summary: In 2001, St. Jude hired Tormey to sell cardiac-related medical devices. Tormey entered into several agreements, providing Tormey’s initial sales quota would be zero due to a noncompete agreement; that St. Jude would hire…
Date: March 10, 2015
Docket Number: 13-2491
Justia Opinion Summary: Smith, labeled as a “snitch,” was attacked by other inmates in the Varner Unit of the Arkansas Department of Correction. He was removed from the Unit and placed in protective custody. Smith alleges that correctional…
Date: March 10, 2015
Docket Number: 14-1154
Justia Opinion Summary: Petters purported to purchase and resell electronics. His operations were a Ponzi scheme. In 2005, Petters purchased Polaroid and become Chairman of Polaroid’s board of directors. Polaroid continued to engage in…
Date: March 10, 2015
Docket Number: 14-1936
Justia Opinion Summary: Chilel, born in 1986, in Guatemala, was threatened and stabbed in the arm when he refused to join a gang in 2008. He informed the police, but he did not seek medical treatment. Chilel waited several months before…
Date: March 9, 2015
Docket Number: 13-3036
Justia Opinion Summary: Protestors, including those concerned with sexual abuse by clergy and those advocating the Catholic ordination of women and acceptance of gay, lesbian, and transgender people, raised a facial First Amendment challenge to…
Date: March 9, 2015
Docket Number: 13-3066
Justia Opinion Summary: Pepper, who suffered from cerebral palsy, owned an extensive collection of Elvis Presley memorabilia as a result of his friendship with Elvis. When he moved into a nursing home in 1978, he told Nancy to “keep it.” Nancy,…
Date: March 9, 2015
Docket Number: 13-3213
Justia Opinion Summary: Patterson's mother called police after an argument. Officers approached Patterson, who sat on the porch, and told him, repeatedly, to leave. Patterson became agitated when they suggested that he go to a homeless shelter.…
Date: March 9, 2015
Docket Number: 13-3597
Justia Opinion Summary: In 2002, Mogeni, a Kenyan citizen, entered the U.S. as a non-immigrant visitor. In 2003, Mogeni married Byers, a U.S. citizen. Byers filed an I-130 Petition for Alien Relative on Mogeni's behalf. The Department of…
Date: March 9, 2015
Docket Number: 14-1109
Justia Opinion Summary: Minnihan worked for Mediacom for 30 years. As an Ames, Iowa technical operations supervisor (TOS), His duties included observing service calls, being on call 24/7 to respond to outages; accident investigations;…
Date: March 9, 2015
Docket Number: 14-1365
Justia Opinion Summary: Collection Associates garnished a total of $858.98 in wages Brandon earned during six pay periods. Brandon’s employer sent the first four garnishments, $562.78, to the state court that issued the garnishment order. That…
Date: March 9, 2015
Docket Number: 14-1455
Justia Opinion Summary: Hentges pleaded guilty to attempt to manufacture methamphetamine near a school, 21 U.S.C. 841(b)(1)(C), 846, and 860. At sentencing, the district court determined that Hentges was a career offender, USSG 4B1.1; that he…
Date: March 9, 2015
Docket Number: 14-1769
Justia Opinion Summary: Brothers Jose and Ismael were indicted for conspiring to distribute methamphetamine and heroin, 21 U.S.C. 841(a)(1), (b)(1)(A), and 846; possessing with intent to distribute methamphetamine, 21 U.S.C. 841(a)(1),…
Date: March 9, 2015
Docket Number: 14-1829
Justia Opinion Summary: Alleging illegal tip pooling Conners filed a collective action against her former employer (a restaurant) under the Fair Labor Standards Act, 29 U.S.C. 216(b). The employer then implemented a new arbitration policy that…
Date: March 9, 2015
Docket Number: 14-2495
Justia Opinion Summary: Walz worked for Ameriprise, 1996-2012 and received mostly positive reviews. Walz suffers from bipolar affective disorder, which, beginning in 2012, caused her to interrupt meetings, disturb her coworkers, and disrespect…
Date: March 6, 2015
Docket Number: 14-2163
Justia Opinion Summary: Bucklew was convicted in state court of murder, kidnapping, and rape and sentenced to death. After Missouri courts denied post-conviction relief, the Eighth Circuit affirmed denial of Bucklew’s petition for habeas…
Date: March 6, 2015
Docket Number: 14-2220
Justia Opinion Summary: Previously, Missouri’s lethal-injection protocol involved Sodium thiopental to anesthetize the prisoner and render him unconscious, pancuronium bromide to paralyze him and stop his breathing, and potassium chloride to…
Date: March 5, 2015
Docket Number: 14-1087
Justia Opinion Summary: In 2011, after about two weeks of reporting symptoms and being treated for constipation and gas, Allard, a prisoner at the Clarinda Correctional Facility of the Iowa Department of Corrections , suffered a bowel…
Date: March 5, 2015
Docket Number: 14-2080
Justia Opinion Summary: An officer testified that he was watching a parking lot, based on intercepted phone calls concerning cocaine sales; he observed what appeared to be a narcotics sale, and followed Peeler when he left the rendezvous. A…
Date: March 5, 2015
Docket Number: 14-2135
Justia Opinion Summary: Riehl pleaded guilty to one count of conspiring to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine or 50 grams or more of actual (pure) methamphetamine, 21 U.S.C.…
Date: March 5, 2015
Docket Number: 14-2577
Justia Opinion Summary: In 2012, Lawin began to purchase and distribute MDMA (ecstasy). In 2014 Lawin pleaded guilty to conspiracy to distribute a controlled substance, 21 U.S.C. 841(a)(1), 841(b)(1)(C), and 846. Before the sentencing hearing,…
Date: March 4, 2015
Docket Numbers: 13-3354, 13-3466
Justia Opinion Summary: IPSCO Tubulars contracted for Ajax to provide equipment to heat-treat steel pipe at IPSCO’s Blythesville plant, which produces pipe for use in the oil and gas industry. After installation, the product did not perform…
Date: March 4, 2015
Docket Number: 14-1498
Justia Opinion Summary: CVS hired Jain, a woman of East Asian descent, as a pharmacist in 2006. She claims that coworkers and supervisors discriminated against her, calling her the "little Indian lady," and her Indian clothing “unprofessional.”…
Date: March 4, 2015
Docket Number: 14-2031
Justia Opinion Summary: For more than 30 years, Wagner worked at the Merrick County sheriff’s office, as chief dispatcher and office manager. Campbell was appointed as sheriff in 2011 and told Wagner he wanted her to train another employee to…
Date: March 3, 2015
Docket Number: 13-1953
Justia Opinion Summary: The Hughes, Arkansas school district hired Ray Nassar as superintendent in 2008. Nassar hired Gena Smith as a business manager. Both are white. The school district renewed Nassar’s contract until June 30, 2013. After…
Date: March 3, 2015
Docket Number: 13-2757
Justia Opinion Summary: Draper, age 18, suffered traumatic brain injury in a 2006 car accident. Draper executed a durable power of attorney, authorizing her parents to collect money; compromise claims; and “fund, transfer assets to, and to…
Date: March 3, 2015
Docket Number: 13-3324
Justia Opinion Summary: Highland Bank made a loan to FPC, an equipment lease finance company, based on an assignment of leases. The underlying leases, guaranteed by individuals, were ultimately discovered to be a Ponzi scheme. A guarantor…
Date: March 3, 2015
Docket Number: 13-3636
Date: March 3, 2015
Docket Numbers: 13-3638, 13-3636
Justia Opinion Summary: As part of a redevelopment project partially financed by Sioux City, Iowa, Civic borrowed from Northwest Bank to build a movie theater complex. Main Street leased the space in 2004. Main Street did not fully pay its rent…
Date: March 3, 2015
Docket Number: 14-1327
Justia Opinion Summary: Jones owned SAM Packaging and owed several hundred thousand dollars in back taxes for 2006-2008. Jones refused to provide the IRS with bank statements, and later submitted statements, with blacked-out parts. He submitted…
Date: March 2, 2015
Docket Number: 13-3388
Justia Opinion Summary: For about three years ending in 2009, five schemers bilked unsuspecting investors of an estimated $190 million in a Minnesota Ponzi scheme. They took more than $79 million of the investors’ funds with the help of…
Date: March 2, 2015
Docket Number: 13-3411
Justia Opinion Summary: Butler sells agricultural and construction equipment, primarily for Caterpillar. In 2002, Butler formed North Central to take over its leasing operations. The companies are ultimately controlled by the same family and…
Date: March 2, 2015
Docket Number: 14-2016
Justia Opinion Summary: Brooks was riding her bicycle when Lawrence negligently struck her with his car. Lawrence later died of unrelated causes. Brooks sued Lawrence’s estate, which settled for the $50,000 limit of Lawrence’s auto insurance…
Date: February 27, 2015
Docket Numbers: 13-3586, 13-3632, 13-3639
Justia Opinion Summary: Licensees entered into a licensing agreement with Safeblood Tech for the exclusive rights to market patented technology overseas. After learning that they could not register the patents in other countries, Licensees sued…
Date: February 26, 2015
Docket Number: 14-2183
Justia Opinion Summary: Cole pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The district court determined that Cole’s minimum sentence should be increased under the Armed Career Criminal Act (ACCA) because he…
Date: February 24, 2015
Docket Number: 13-3509
Justia Opinion Summary: Ruiz pleaded guilty to improper entry into the U.S., 8 U.S.C. 1325(a), and possession with intent to distribute methamphetamine, 21 U.S.C. 841(a)(1). The government agreed not to prosecute other methamphetamine offenses…
Date: February 24, 2015
Docket Number: 14-2545
Justia Opinion Summary: Soto pled guilty, with an agreement, to conspiring to distribute methamphetamine, 21 U.S.C. 841(a)(1) and 846. His presentence report calculated a two-level reduction to his base offense level, based on U.S.S.G.…
Date: February 23, 2015
Docket Number: 14-2044
Justia Opinion Summary: Long, the elected head prosecutor for the first judicial district of Arkansas, supervises deputy prosecutors in six counties. In 2006, Long hired Austin, an African-American, as a deputy prosecutor for Phillips County.…
Date: February 20, 2015
Docket Numbers: 13-3432, 13-2926, 13-2874, 13-2731, 13-2730, 13-2671, 13-2670
Justia Opinion Summary: A January 2012 superseding indictment charged 12 defendants with conspiracy to commit bank fraud, 18 U.S.C. 1344 & 1349. Various defendants were charged in 37 other counts with specific bank fraud and aggravated identity…
Date: February 20, 2015
Docket Number: 13-3786
Justia Opinion Summary: Johnson began working for U.S. Steel in 2004. On May 12 2011, he left work, complaining of a headache, and went to a clinic where a physician’s assistant indicated that he had high blood pressure. The next day he…
Date: February 20, 2015
Docket Number: 14-1077
Justia Opinion Summary: In 2001, N.D. Laws 53-06.2-10.1 was amended to authorize “account wagering,” a form of parimutuel wagering in which an individual deposits money in an account and, through a licensed simulcast service provider authorized…
Date: February 20, 2015
Docket Number: 14-1792
Justia Opinion Summary: Villanueva was the contact to the police department for her neighborhood watch group, communicating with Officer Moreno. She told Moreno that her ex-husband (Alvaro) had assaulted her. Moreno did not file a report or…
Date: February 20, 2015
Docket Number: 14-1922
Justia Opinion Summary: Johnson shot his ex-girlfriend in the head, causing serious permanent injuries. A South Dakota jury convicted him of first-degree attempted murder and aggravated assault. The trial judge imposed consecutive sentences of…
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