2015 Eighth Circuit US Court of Appeals Case Law
Opinions 1001 - 1108 of 1108
Date: February 19, 2015
Docket Number: 14-2643
Justia Opinion Summary: Raymond was stopped by police officers who determined that the vehicle in which he was traveling was stolen. During a search, they found a handgun underneath the driver’s seat and a case that contained methamphetamine…
Date: February 19, 2015
Docket Number: 14-2740
Justia Opinion Summary: Misquadace pleaded guilty to failure to pay child support, 18 U.S.C. 228(a)(3). He was sentenced to five years’ probation and $54,613.12 in restitution. In 2013, he admitted failing to assign his tribal gaming per capita…
Date: February 13, 2015
Docket Number: 13-3682
Justia Opinion Summary: Miller purchased an annuity from Minnesota Life Insurance, with a lump-sum “Purchase Payment” of $267,319.48, consisting of funds from his individual retirement account. Minnesota Life agreed to make an annual “Income…
Date: February 11, 2015
Docket Numbers: 13-2658, 13-2797
Justia Opinion Summary: Union Pacific filed suit against Progress Rail, alleging that Progress Rail negligently reconditioned certain railcar axles, causing the axles to fail and two trains to derail. A jury returned a verdict for Progress Rail…
Date: February 11, 2015
Docket Number: 13-2797
Date: February 11, 2015
Docket Number: 13-3252
Justia Opinion Summary: Argonaut filed suit against ACJC, alleging that 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 Argonaut. The…
Date: February 10, 2015
Docket Numbers: 13-3800, 13-3801, 13-3802, 13-3803
Justia Opinion Summary: Brown, Reyes, Lyons, and Tibbetts were indicted under the Lacey Act which makes it unlawful to "sell . . . any fish . . . taken, possessed, transported, or sold in violation of . . . any Indian tribal law." 16 U.S.C.…
Date: February 9, 2015
Docket Number: 13-3563
Justia Opinion Summary: Kanagu, a citizen of Kenya, arrived in the U.S. in 2009, without a valid visa or other entry document. Weeks later, DHS initiated removal, charging Kanagu as removable under 8 U.S.C. 1182(a)(7)(A)(i)(I). Kanagu applied…
Date: February 6, 2015
Docket Numbers: 13-3492, 13-3723
Justia Opinion Summary: Plaintiffs, Germain and GM Enterprises, filed suit against defendants, HCH and Metropolitan, alleging breach of contract claims related to an option to purchase based on the assignment of a lease agreement. The district…
Date: February 6, 2015
Docket Number: 13-3671
Justia Opinion Summary: NanoMech, researcher and developer of nanotechnologies, filed suit against defendant, a former employee, for breach of a noncompete agreement. On appeal, NanoMech challenged the district court's judgment on the pleadings…
Date: February 5, 2015
Docket Number: 14-1016
Justia Opinion Summary: Chief of Police Lillis announced his retirement. Lieutenant Hilde, on the force for 29 years, was the second-ranking officer, and had served as acting Chief. A commission that controls hiring had previously promoted…
Date: February 5, 2015
Docket Number: 14-1090
Justia Opinion Summary: Defendant and others were charged with conspiring to distribute and conspiring to possess with intent to distribute cocaine, 21 U.S.C. 846, 841(a). He originally was appointed counsel, but later retained new counsel.…
Date: February 5, 2015
Docket Number: 14-1751
Justia Opinion Summary: Responding to a report that a man wearing a Steelers jacket had stolen an iPad wrapped in bubble wrap from an electronics retailer, Officer Loftis pursued a car identified by customers. Loftis pulled the Cadillac over;…
Date: February 5, 2015
Docket Number: 14-1820
Justia Opinion Summary: Adejumo pled guilty to bank fraud and aggravated identity theft and was sentenced to 124 months in prison. Adejumo did not waive his ability to present argument on the amount of the loss to the victims. A year later, the…
Date: February 4, 2015
Docket Numbers: 13-2410, 13-3221, 14-1039
Justia Opinion Summary: In 2011 the Roy home on the Red Lake Indian Reservation was engulfed in flames and collapsed before fire crews could extinguish the fire. The next morning the bodies of Roy and Beaulieu were retrieved from the rubble.…
Date: January 30, 2015
Docket Number: 14-2095
Justia Opinion Summary: Archambault, a Native American, has many prior convictions for child neglect and substance abuse in the Tribal Court and a history of mental health problems. Archambault's 13-year-old son told a healthcare worker that…
Date: January 29, 2015
Docket Number: 13-3113
Justia Opinion Summary: Guerrero, a Honduras native, entered the U.S. illegally in 1990. He was granted Temporary Protected Status (TPS) after claiming to be a citizen of El Salvador. When Salvadorans' TPS status was due to expire, Guerrero…
Date: January 29, 2015
Docket Number: 14-1593
Justia Opinion Summary: Officers were informed that a “couple of black females” had stolen merchandise from Urban Outfitters, and that an employee from the nearby Heartbreaker store had called to report suspected shoplifters. The Heartbreaker…
Date: January 29, 2015
Docket Number: 14-6030
Justia Opinion Summary: Stephens, an attorney, is controlling principal of Southwest Medical, the Debtor, and has an interest in Southeast, the debtor in a separate bankruptcy. The Chapter 7 Trustee filed an adversary proceeding against…
Date: January 28, 2015
Docket Number: 13-3023
Justia Opinion Summary: In 2007, Calandrillo purchased a boat manufactured by a Genmar subsidiary. Calandrillo claimed the boat was defective. In 2009, Calandrillo agreed to convey title to the boat to Genmar in exchange for payment of a lien…
Date: January 27, 2015
Docket Number: 14-1301
Justia Opinion Summary: Brooks, a member of the Shakopee Mdewakanton Sioux Community, is incarcerated for Minnesota convictions of first-degree DWI and assaulting an officer. The Minnesota Department of Corrections (MDOC) requires a…
Date: January 23, 2015
Docket Number: 14-1247
Justia Opinion Summary: Police had DNA evidence suggesting Barefield unlawfully possessed a firearm and engaged in a gunfight. The Bureau of Alcohol, Firearms, Tobacco and Explosives obtained a warrant. A confidential informant arranged a…
Date: January 21, 2015
Docket Number: 13-3584
Justia Opinion Summary: In 2008, Camacho pleaded guilty to capital murder in Arkansas state court. He did not file a direct appeal. After state post-conviction relief was denied, Camacho filed a 28 U.S.C. 2254 habeas petition. The state…
Date: January 15, 2015
Docket Number: 13-2915
Justia Opinion Summary: Johnson’s trucking business operated 1986 and 1987 semi-tractor trucks, with one truck at a time insured through Acuity. In 2009, Johnson called Acuity’s agent, Holden, to switch insurance coverage to the 1987 truck. The…
Date: January 15, 2015
Docket Number: 13-3495
Justia Opinion Summary: Chen, a citizen of China, entered the U.S. without inspection in 1997. She applied in 2008 for a "U" visa, which gives temporary legal status to crime victims. That application was denied. While the application was…
Date: January 14, 2015
Docket Number: 13-1754
Justia Opinion Summary: In 2002 an uncontrolled, runaway commercial aircraft at Las Vegas’s McCarran International Airport came to a rest at the bottom of an embankment. A maintenance worked had failed to properly engage the parking brake. The…
Date: January 14, 2015
Docket Number: 14-2008
Justia Opinion Summary: Sims was charged as a felon in possession of a firearm. A magistrate ordered that the government disclose all expert testimony by April 10. Trial was set for April 28. Immediately after arresting Sims, officers sent a…
Date: January 14, 2015
Docket Number: 14-2060
Justia Opinion Summary: Ravensborg, an enrolled member of the Red Lake Band of Chippewa Indians and a lifelong resident of the reservation, pled guilty to assault resulting in serious bodily injury. According to the presentence investigation…
Date: January 13, 2015
Docket Numbers: 12-2102, 12-2169
Justia Opinion Summary: Oliver was manager and part-owner of PSC. Oliver and PSC sought to refinance property on Lake Superior. Meecorp required additional collateral. Oliver identified 14 other income-producing properties and his interest in…
Date: January 13, 2015
Docket Number: 13-2831
Justia Opinion Summary: CMS collects consumer debts, subject to the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692a(6). CMS commences consumer state-court collection actions by filing standard-form complaints that allege, that “more…
Date: January 13, 2015
Docket Number: 13-3160
Justia Opinion Summary: Hutterites disavow individual property ownership for a communal lifestyle. The Hutterian Church has three conferences. South Dakota’s Hutterville Colony belonged to the Schmiedeleut Conference. Hutterville’s nonprofit…
Date: January 12, 2015
Docket Number: 13-3234
Justia Opinion Summary: DEA officers believed Gunnell was selling methamphetamine and asked Springfield Sgt. Meyer to “develop probable cause” to stop Gunnell and search his person and his motorcycle. Meyer contacted K-9 Officer Tjelmeland and…
Date: January 12, 2015
Docket Number: 14-1354
Justia Opinion Summary: Atterberry and his co-defendant came in contact with law enforcement seven times over two years through traffic stops, the execution of search warrants, and a controlled buy. Each time, officers seized methamphetamine;…
Date: January 9, 2015
Docket Number: 13-2817
Justia Opinion Summary: Gibson, an African-American male, was hired by the IRS on January 1, 2008, as a full-time seasonal tax examiner, subject to completion of a one-year probationary period. Gibson's work leader was an African-American…
Date: January 9, 2015
Docket Numbers: 13-3397, 13-3381
Justia Opinion Summary: PIC sought a declaratory judgment to determine whether PIC was required to defend and indemnify its insured, LSi, a computer and technology company with respect to a lawsuit filed by Hodell, concerning business software…
Date: January 9, 2015
Docket Number: 13-3665
Justia Opinion Summary: During a fight in 2007, Delonais stabbed Addai's friend. Addai stabbed Delonais, who died as a result of his injuries. Addai was convicted of class AA felony murder, ND Code 12.1-16-01(1)(a). At trial, Addai's attorney…
Date: January 8, 2015
Docket Number: 13-1832
Justia Opinion Summary: Ali is a native of Somalia and member of the Tumal clan, which he describes as a "minority clan" that is "small and weak" compared to other Somali clans. In 2009, Ali arrived at the U.S.-Mexico border and applied for…
Date: January 8, 2015
Docket Number: 13-2620
Justia Opinion Summary: After the 1998 merger of NationsBank and BankAmerica formed Bank of America, shareholders filed class actions alleging violations of securities laws. The cases were resolved when the court approved a $490 million global…
Date: January 8, 2015
Docket Number: 14-1457
Date: January 7, 2015
Docket Number: 14-1699
Justia Opinion Summary: In 1990, Magee was hired as a professor at Hamline University School of Law. She became tenured in 1994. In 2009, Magee was charged with felony state tax violations. While her case was pending, Hamline placed her on a…
Date: January 6, 2015
Docket Number: 13-2536
Justia Opinion Summary: After series of problems arising between Dr. Fatemi and other program residents and coworkers at the University of Arkansas for Medical Sciences (UAMS), including reported failure to comply with regulatory standards that…
Date: January 6, 2015
Docket Number: 14-1284
Justia Opinion Summary: In 2007 Pedersen began working for BMA dialysis clinics. She became a registered nurse. On April 17, 2012, clinic manager Ince talked to Pedersen about Pedersen’s aggression and patient care performance issues; Pedersen…
Date: January 5, 2015
Docket Number: 14-1028
Justia Opinion Summary: Lincoln, a meat-packing company, and Puretz, an investor, formed Hastings, an Illinois LLC, to bid on cattle-processing plants being sold at a bankruptcy auction. Puretz was to contribute 70% of acquisition and start-up…
Date: January 5, 2015
Docket Number: 14-1398
Justia Opinion Summary: McKay was indicted for aggravated sexual abuse of a child by force, 18 U.S.C. 2241(a), and aggravated sexual abuse of a child under age 12, section 2241(c), concerning the granddaughter of the woman with whom McKay…
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