2016 Eighth Circuit US Court of Appeals Case Law
Opinions 1001 - 1241 of 1241
Date: March 8, 2016
Docket Number: 15-1574
Justia Opinion Summary: Defendant appealed his 192-month sentence after pleading guilty to conspiracy to manufacture methamphetamine near a school. The court concluded that the district court did not clearly err in imposing a three-level…
Date: March 8, 2016
Docket Number: 15-1664
Justia Opinion Summary: Defendant, a native and citizen of Mexico, conditionally pled guilty to illegal reentry. On appeal, defendant challenged the district court's denial of her motion to dismiss the indictment, contending that the district…
Date: March 8, 2016
Docket Number: 15-1712
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm. The court rejected defendant's claim that his civil right to possess a firearm was restored by an amendment to the Missouri Constitution where the…
Date: March 8, 2016
Docket Number: 15-1904
Justia Opinion Summary: Defendant appealed his conviction and sentence for possessing stolen firearms and ammunition and for being a felon in possession of firearms and ammunition. The court affirmed the district court's denial of defendant's…
Date: March 7, 2016
Docket Number: 14-3789
Justia Opinion Summary: Defendant appealed his conviction and sentence for second degree murder and assault resulting in serious bodily injury. The victim is defendant's two-year-old daughter. The court concluded that the jury could conclude…
Date: March 7, 2016
Docket Number: 15-1081
Justia Opinion Summary: Before floodwaters destroyed plaintiffs' property, FEMA issued a flood-in-progress designation. Plaintiffs believed that the FEMA designation rendered their two Standard Flood Insurance Policies (SFIPs) worthless for the…
Date: March 7, 2016
Docket Number: 15-1261
Justia Opinion Summary: Defendant appealed his 61-month sentence after pleading guilty to unlawful possession of a firearm as a previously convicted felon. The court concluded that the district court correctly overruled defendant's objection to…
Date: March 7, 2016
Docket Number: 15-1333
Justia Opinion Summary: Plaintiff, an independent lease truck driver for FMC Transport, filed suit against FMC Transport, alleging racial discrimination in violation of 42 U.S.C. 1981. The district court granted summary judgment in favor of FMC…
Date: March 7, 2016
Docket Number: 15-1587
Justia Opinion Summary: Defendant appealed his conviction and sentence for conspiracy to commit wire fraud and four counts of wire fraud. The court concluded that the district court did not err in denying defendant's motion to dismiss the…
Date: March 7, 2016
Docket Numbers: 15-1848, 15-1999, 15-2494, 15-2732
Justia Opinion Summary: FedEx petitioned for review of the Board's orders forcing it to bargain with the unions, arguing that the Specialty Healthcare and Rehabilitation Center of Mobile standard violates the National Labor Relations Act…
Date: March 7, 2016
Docket Number: 15-2551
Justia Opinion Summary: Plaintiff, complaining of right-shoulder and arm pain, appealed the denial of his application for disability benefits. The court concluded that the ALJ's denial of benefits is supported by substantial evidence because…
Date: March 4, 2016
Docket Numbers: 14-3058, 14-3266, 15-1102
Justia Opinion Summary: Plaintiff, a member of the Westboro Baptist Church, filed suit in 2006 against Missouri state and state officials after the Missouri General Assembly enacted statewide restrictions on pickets and protests near funerals…
Date: March 4, 2016
Docket Number: 14-3190
Justia Opinion Summary: WEB2B filed for bankruptcy and turned over its balances to the Chapter 7 trustee. RAC filed suit claiming the balances of an express trust, resulting trust, or constructive trust. WEB2B provided automated clearinghouse…
Date: March 4, 2016
Docket Number: 14-3658
Justia Opinion Summary: Plaintiff and his wife filed suit against numerous makers and distributors of microwave popcorn and butter flavoring. Plaintiff consumed microwave popcorn every day for approximately twenty years and alleged that…
Date: March 4, 2016
Docket Number: 15-1524
Justia Opinion Summary: Plaintiff filed suit against Standard, asserting various claims after Standard determined that plaintiff was no longer disabled and discontinued benefits. The district court granted summary judgment to plaintiff,…
Date: March 3, 2016
Docket Number: 15-1240
Justia Opinion Summary: Plaintiff, suffering a combination of impairments such as paranoid schizophrenia and depression, appealed the denial of his applications for disability insurance benefits (DIB) and supplemental security income (SSI).…
Date: March 2, 2016
Docket Number: 14-2826
Justia Opinion Summary: Defendant appealed his conviction and sentence for possessing a firearm as a felon and possessing a firearm not registered to him. The court concluded that evidence about a 2011 handgun incident was relevant to prove…
Date: March 2, 2016
Docket Numbers: 14-3412, 15-1014
Justia Opinion Summary: Defendants Benedict and Carpenter appealed their sentences and convictions for conspiracy and burglarizing various drug stores where they stole pharmaceutical products and cash from safes, registers, and ATMs. The court…
Date: February 26, 2016
Docket Number: 14-3428
Justia Opinion Summary: Plaintiffs, twenty-three professional football players, filed a putative class action against the NFL, claiming that films produced by NFL-affiliate NFL Films violated the players’ rights under the right-of-publicity…
Date: February 26, 2016
Docket Number: 15-2004
Justia Opinion Summary: Petitioner, a native of Mexico, seeks review of the BIA's affirmance of the IJ's pretermitting his application for removal because petitioner committed theft in the fourth degree, a crime involving moral turpitude. The…
Date: February 25, 2016
Docket Number: 15-1383
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm and subsequently appealed his sentence. The court concluded that the district court did not abuse its discretion in applying a four-level sentencing…
Date: February 25, 2016
Docket Number: 15-1656
Justia Opinion Summary: This case stemmed from a government investigation of Mountain Pure's bottling facility. Mountain Pure and its employees filed suit against defendants, government agents, under Bivens v. Six Unknown Named Agents of…
Date: February 24, 2016
Docket Number: 14-2775
Justia Opinion Summary: Plaintiff, an inmate at USMCFP, filed suit alleging that defendant was deliberately indifferent to his serious medical needs by failing to respond in a timely manner when the artery comprising his dialysis access port…
Date: February 24, 2016
Docket Number: 14-3699
Justia Opinion Summary: Busch filed suit against National Union after National Union denied coverage for Busch's expenditures to remediate mold in the condominium complex that it managed. The court concluded that the district court correctly…
Date: February 24, 2016
Docket Numbers: 15-1236, 15-2269
Justia Opinion Summary: Defendants Andrew Taylor and Victor Vickers were convicted of drug-related offenses. Taylor was also convicted of two counts based on a murder for hire conspiracy. The court concluded that the government presented…
Date: February 24, 2016
Docket Number: 15-1475
Justia Opinion Summary: Plaintiffs filed suit seeking damages from American Family for their individual insurance claims, and the district court later granted American Family's motion to dismiss. The district court denied plaintiffs' motion to…
Date: February 24, 2016
Docket Number: 15-1566
Justia Opinion Summary: Affordable filed suit alleging breach of contract when Fannie Mae penalized Affordable for prepaying its loan after it was forced to sell its Jefferson Arms Apartments property to avoid condemnation. The district court…
Date: February 23, 2016
Docket Number: 15-1009
Justia Opinion Summary: Plaintiff, Kyle Brown's widow, filed a wrongful death action against Kenneth Davis, Jr., William Davis, and WDL. Ken was driving the truck, that fatally hit Kyle, for his uncle William and WDL. The complaint asserted…
Date: February 23, 2016
Docket Number: 15-1095
Justia Opinion Summary: Petitioner, a citizen of El Salvador, seeks review of the IJ and BIA's denial of relief from removal based on asylum, withholding of removal, and withholding under the Convention Against Torture (CAT). The court…
Date: February 22, 2016
Docket Number: 14-2170
Justia Opinion Summary: Plaintiff appealed the denial of disability benefits under Title II of the Social Security Act, 42 U.S.C. 401 et seq., and supplemental security income benefits under Title XVI of the Act, 42 U.S.C. 1381 et seq. The…
Date: February 22, 2016
Docket Number: 15-1222
Justia Opinion Summary: Higgins and the Union filed suit under 42 U.S.C. 1983 and Missouri law against the District, alleging violations of the United States and Missouri Constitutions and state law. The district court dismissed the federal…
Date: February 19, 2016
Docket Numbers: 14-3771, 15-1049
Justia Opinion Summary: The Board issued a complaint alleging that ConAgra violated the National Labor Relations Act (the Act), 29 U.S.C. 151-169, by censuring an employee for soliciting union membership and by posting a sign prohibiting…
Date: February 19, 2016
Docket Number: 15-1324
Justia Opinion Summary: Petitioner, a citizen of Haiti, petitioned for review of the IJ and BIA's denial of her application for relief and finding that she had not established that she would suffer torture if returned to Haiti. The court…
Date: February 19, 2016
Docket Number: 15-1468
Justia Opinion Summary: Petitioner was convicted of possession of a firearm as a previously convicted felon and the district court applied the Armed Career Criminal Act, 18 U.S.C. 924(e)(1), sentencing petitioner to 327 months in prison.…
Date: February 19, 2016
Docket Numbers: 15-1936, 15-1937
Justia Opinion Summary: Defendants Christopher and Jordan were found guilty of assault with a dangerous weapon and assault resulting in serious bodily injury, both in violation of 18 U.S.C. 2, 113, and 1153. The court concluded that the…
Date: February 18, 2016
Docket Number: 14-3446
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 and 1985 against the City, code inspector Peterson, and chief code inspector Denker, and various other defendants, alleging federal and state constitutional violations, and that…
Date: February 17, 2016
Docket Number: 14-3678
Justia Opinion Summary: Plaintiff, a former special agent with the FBI, filed suit against the DOJ under the Administrative Procedures Act, 5 U.S.C. 706(2)(A), alleging that the Deputy Attorney General’s decision affirming the OARM's finding…
Date: February 16, 2016
Docket Number: 15-1501
Justia Opinion Summary: Defendant filed a motion to suppress the search of a vehicle after pleading guilty to being a felon in possession of a firearm after police found a firearm during a protective search of the vehicle. The court concluded…
Date: February 16, 2016
Docket Number: 15-1552
Justia Opinion Summary: Defendant appealed his conviction and sentence for domestic assault in Indian country by an habitual offender in violation of 18 U.S.C. 117. The court concluded that the district court did not err in denying defendant’s…
Date: February 12, 2016
Docket Number: 14-3444
Justia Opinion Summary: Defendant pled guilty to being a felon in possession and subsequently appealed his 180 month sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based on three prior violent felony convictions. The…
Date: February 11, 2016
Docket Number: 14-3615
Justia Opinion Summary: Defendant appealed his 110 month sentence after pleading guilty to being a felon in possession. The court concluded that defendant's previous battery conviction under Ark. Code Ann. 5-13-202 was for a crime of violence…
Date: February 11, 2016
Docket Number: 15-1710
Justia Opinion Summary: Plaintiff filed suit against defendants, alleging employment discrimination and retaliation in violation of federal laws. The district court granted summary judgment in favor of defendants. The court agreed with the…
Date: February 10, 2016
Docket Number: 14-3877
Justia Opinion Summary: Defendant appealed his conviction for embezzling union funds. The court concluded that there was sufficient evidence to conclude that defendant had the fraudulent intent to deprive Local 314 of its money, funds,…
Date: February 10, 2016
Docket Numbers: 15-1302, 15-2039
Justia Opinion Summary: The Board filed a complaint alleging that Seedorff had violated Sections 8(a)(1) and (5) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (5), by repudiating a collective bargaining agreement (CBA)…
Date: February 10, 2016
Docket Number: 15-1358
Justia Opinion Summary: Defendant pled guilty to possession of child pornography, was sentenced to 60 months in imprison, and was placed on five years of supervised release with a special condition imposed that restricts his use of electronic…
Date: February 10, 2016
Docket Number: 15-1630
Justia Opinion Summary: Defendant appealed her conviction and sentence for one count of conspiracy to knowingly distribute a controlled substance and one count of possession with intent to distribute methamphetamine. The court concluded that…
Date: February 10, 2016
Docket Number: 15-1838
Justia Opinion Summary: Rand-Heart filed a putative class action on behalf of purchasers of Dolan Company's securities under Sections 10(b) and 20(a) of the Securities Exchange Act, 15 U.S.C. 78j(b), 78t(a). The district court dismissed the…
Date: February 9, 2016
Docket Number: 14-3150
Justia Opinion Summary: Defendant appealed the district court's order enforcing the terms of an agreement he entered into with Western Thrift and Loan Corporation to settle a malpractice lawsuit. The court concluded that a district court may…
Date: February 9, 2016
Docket Numbers: 14-3239, 14-3562
Justia Opinion Summary: Parsons petitioned for review of the Board's order, concluding that Parsons engaged in an unfair labor practice in violation of sections 8(a)(1) and (5), 29 U.S.C. 158(a)(1), (5), of the National Labor Relations Act…
Date: February 9, 2016
Docket Numbers: 15-1547, 15-1623
Justia Opinion Summary: National Union was ordered to pay part of the costs Continental incurred to defend Valspar against several lawsuits. Valspar intervened and now appeals. The court concluded that National Union had a duty to defend…
Date: February 9, 2016
Docket Numbers: 15-1592, 15-1602
Justia Opinion Summary: Defendant Mary Ann Ramos and her son, Earl James, were convicted on several drug-distribution counts. Defendants raised several issues on appeal. The court concluded that the evidence was sufficient to support Mary's…
Date: February 9, 2016
Docket Number: 15-1623
Date: February 9, 2016
Docket Number: 15-2217
Date: February 4, 2016
Docket Number: 14-3298
Justia Opinion Summary: Defendant appealed his sentence of 24 months in prison after pleading guilty to one count of escape from a Bureau of Prisons facility. The court concluded that the district court did not err in calculating defendant's…
Date: February 4, 2016
Docket Number: 14-3506
Justia Opinion Summary: Defendant appealed his sentence of 27 months in prison after pleading guilty to one count of being a felon in possession of a firearm. The district court did not abuse its discretion in denying defendant’s request for a…
Date: February 4, 2016
Docket Number: 14-3519
Justia Opinion Summary: TCF filed suit against Market, alleging claims concerning the statutes of limitations for fraud, contract, and negligence. TCF had entered into a contract with Market under which TCF purchased Field Asset Verifications…
Date: February 4, 2016
Docket Number: 15-1133
Justia Opinion Summary: Plaintiff appealed the denial of her application for Social Security disability insurance benefits and supplemental security income. The court concluded that substantial evidence supported the ALJ’s finding that…
Date: February 4, 2016
Docket Number: 15-1750
Justia Opinion Summary: Defendant conditionally plead guilty to being a felon in possession of a firearm and subsequently appealed the district court's denial of his motion to suppress evidence found after his arrest. The court concluded, under…
Date: February 3, 2016
Docket Numbers: 12-3084, 12-3085
Justia Opinion Summary: The State of Nebraska petitioned for review after the EPA rejected Nebraska’s best available retrofit technology (BART) determination for Gerald Gentleman Station, substituting a Federal Implementation Plan. Conservation…
Date: February 3, 2016
Docket Number: 14-3433
Justia Opinion Summary: Plaintiff appealed the denial of social security disability benefits and supplemental security income. The ALJ provided valid reasons for discounting plaintiff's subjective complaints and the court held that the ALJ's…
Date: February 3, 2016
Docket Number: 15-1300
Justia Opinion Summary: Plaintiff filed suit against defendants under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq.; the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq.; 42 U.S.C. 1981, 1983; and state law. On…
Date: February 2, 2016
Docket Number: 14-2957
Justia Opinion Summary: Petitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision dismissing his appeal from an order of removal. The court held that the IJ did not commit a fundamental error by failing to inform…
Date: February 1, 2016
Docket Number: 14-3857
Justia Opinion Summary: Demien, the unsuccessful bidder for the construction of a new firehouse, filed suit against the District under 42 U.S.C. 1983, alleging that the District violated federal and state constitutional rights, as well as state…
Date: February 1, 2016
Docket Number: 15-1160
Justia Opinion Summary: Debtors appealed the Bankruptcy Appellate Panel's (BAP) holding that Starion Financial is entitled to recover the attorney's fees it incurred while collecting on its secured debt in the course of debtors' proceedings.…
Date: January 29, 2016
Docket Number: 14-3277
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to possession of a stolen firearm, possession of methamphetamine with intent to distribute, and carrying a firearm during and in relation to a drug trafficking crime.…
Date: January 29, 2016
Docket Numbers: 14-3374, 14-3734
Justia Opinion Summary: In consolidated petitions for review, petitioner seeks review of the BIA's decision affirming the IJ's finding that he is removable as an alien convicted of two separate crimes involving moral turpitude, and the BIA's…
Date: January 29, 2016
Docket Number: 14-3589
Justia Opinion Summary: Plaintiff filed suit under section 502(a)(1)(B) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132(a)(1)(B), alleging that the Plan erroneously determined his pension benefits. The district court…
Date: January 29, 2016
Docket Number: 14-3889
Justia Opinion Summary: Plaintiff, an inmate with PTSD, filed suit against defendants under 42 U.S.C. 1983, alleging violations of his constitutional rights because defendants were indifferent to his medical needs, and that defendants…
Date: January 29, 2016
Docket Number: 15-1335
Justia Opinion Summary: Bettor Racing sought judicial review of NIGC finding that Bettor Racing had committed three violations of the Federal Indian Gaming Regulatory Act, 25 U.S.C. 2711(a), and NIGC's issuance of a Notice and Civil-Fine…
Date: January 28, 2016
Docket Number: 14-3671
Justia Opinion Summary: Petitioner, a native and citizen of Kenya, seeks review of the BIA's order upholding the IJ's denial of her applications for adjustment of status and waiver of removal. The court agreed with the government that it lacked…
Date: January 28, 2016
Docket Number: 14-3756
Justia Opinion Summary: Plaintiff pled guilty to possessing marijuana with intent to distribute and then appealed the district court's denial of his motion to suppress. The court concluded that the drug dog was reliable and the affidavit in…
Date: January 27, 2016
Docket Number: 15-2343
Justia Opinion Summary: Defendant was indicted on multiple counts, including conspiracy to distribute and possession with intent to distribute marijuana, attempted possession with intent to distribute marijuana, traveling in interstate commerce…
Date: January 26, 2016
Docket Number: 15-2068
Justia Opinion Summary: Plaintiff filed suit against his employer, Bob Evans, alleging employment discrimination in violation of federal and Missouri law. The district court granted summary judgment in favor of Bob Evans. The court concluded…
Date: January 25, 2016
Docket Number: 15-1980
Justia Opinion Summary: Petitioner, convicted of possession with intent to distribute a controlled substance, appealed the district court's denial of his 28 U.S.C. 2255 motion, alleging that counsel was ineffective in failing to move to…
Date: January 22, 2016
Docket Number: 15-1027
Justia Opinion Summary: Petitioner, a native of Tanzania, petitioned for review of the BIA's denial of his application for adjustment of status. The court concluded that, although the IJ did misquote Form I-9, the entirety of his analysis shows…
Date: January 22, 2016
Docket Number: 15-2048
Justia Opinion Summary: O&S challenged the Bankruptcy Appellate Panel's (BAP) dismissal of its appeal after the bankruptcy court confirmed a reorganization plan proposed by O&S. The BAP concluded that O&S did not have standing to challenge the…
Date: January 21, 2016
Docket Numbers: 12-2910, 12-3481
Justia Opinion Summary: Petitioners seek review of the EPA's approval of the Minnesota Regional Haze State Implementation Plan. Specifically, petitioners challenged the EPA's approval of Minnesota's decision to use the Transport Rule in place…
Date: January 21, 2016
Docket Number: 15-1993
Justia Opinion Summary: Defendant appealed his conviction for receiving, attempting to receive, and accessing with intent to view child pornography. The court concluded that the notice given defendant failed to comport with Federal Rule of…
Date: January 19, 2016
Docket Number: 14-3696
Justia Opinion Summary: Plaintiff, a white man, filed suit against officials of the St. Louis Police Department, alleging race discrimination and conspiracy to discriminate when an African-American woman was chosen for the position in which…
Date: January 19, 2016
Docket Number: 15-6020
Justia Opinion Summary: Creditor appealed the bankruptcy court's order granting debtor's motion to avoid its judgment lien. Creditor concedes that its judgment lien attached to the residence, but argues that its judgment lien did not fix upon…
Date: January 15, 2016
Docket Number: 14-3730
Justia Opinion Summary: Petitioner, a citizen of Mexico, appealed the BIA's denial of his claim for withholding of removal based on harm he suffered at the hands of a drug cartel in Mexico when he was twelve years old. The court concluded that…
Date: January 15, 2016
Docket Number: 14-3859
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against defendants, alleging that a deputy had denied him emergency medical care in violation of his constitutional rights. The district court granted summary judgment to the…
Date: January 15, 2016
Docket Number: 14-3888
Justia Opinion Summary: Defendant appealed his conviction for assault of a federal officer, in violation of 18 U.S.C. 111, following an altercation with an officer of the Oglala Sioux Tribe (OST) Department of Public Safety. The court concluded…
Date: January 14, 2016
Docket Numbers: 14-2986, 14-2987, 14-3242
Justia Opinion Summary: Defendants Carlson, Haugen, and Gellerman were convicted of charges related to their involvement in selling misbranded synthetic drugs at a head shop in Duluth. The court rejected defendants' challenge to the…
Date: January 14, 2016
Docket Number: 14-3576
Justia Opinion Summary: Plaintiff filed suit against defendants, alleging a deprivation of his constitutional rights after he spent approximately one year in administrative segregation while awaiting a transfer. Plaintiff was serving an…
Date: January 14, 2016
Docket Number: 14-3650
Justia Opinion Summary: Defendant appealed his sentence after being convicted of unlawful possession of ammunition as a previously convicted felon and possession of an unregistered firearm. The court concluded that defendant's 96-month term of…
Date: January 14, 2016
Docket Number: 14-3700
Justia Opinion Summary: Petitioner pled guilty to conspiring to manufacture and distribute methamphetamine and subsequently appealed the district court's denial of her motion to vacate, set aside, or correct her sentence pursuant to 28 U.S.C.…
Date: January 14, 2016
Docket Number: 14-3758
Justia Opinion Summary: Plaintiffs filed a class action against Riceland, requesting the district court compel Riceland to contribute a portion of its recoveries in various cases to the common benefit fund established by the district court to…
Date: January 13, 2016
Docket Number: 14-3220
Justia Opinion Summary: Plaintiffs seek to represent a class of dual status National Guard technicians who had their benefits determined prior to the court's issuance of Petersen v. Astrue and would like to have their benefits readjusted to…
Date: January 13, 2016
Docket Number: 15-1136
Justia Opinion Summary: Defendant was convicted of one count of corruptly obstructing or impeding the administration of the internal revenue laws, and eight counts of willfully filing a false income tax return. The court concluded that Count 1…
Date: January 12, 2016
Docket Number: 14-3649
Justia Opinion Summary: Defendant was found guilty of possession of child pornography and subsequently appealed his conviction and sentence of 120 months' imprisonment. The court concluded that the district court did not abuse its discretion in…
Date: January 12, 2016
Docket Number: 15-1179
Justia Opinion Summary: Defendant plead guilty to drug offenses and subsequently appealed his sentence. The court concluded that the district court properly sentenced defendant as a Career Offender under the second clause of U.S.S.G.…
Date: January 11, 2016
Docket Number: 15-1210
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of a firearm and subsequently appealed his sentence. The district court sentenced defendant under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), because he…
Date: January 11, 2016
Docket Number: 15-1578
Justia Opinion Summary: Plaintiffs filed suit, alleging that ESI is systematically denying payment of compound drug claims without adhering to the procedural requirements of the Employee Retirement Income Security Act's "Claims Regulation." 29…
Date: January 8, 2016
Docket Number: 14-3684
Justia Opinion Summary: Petitioner, a native and citizen of Tanzania, petitioned for review of the BIA's order affirming the denial of his motion to reopen. The court concluded that the BIA did not abuse its discretion in denying petitioner's…
Date: January 8, 2016
Docket Number: 15-1007
Justia Opinion Summary: McCaffree brought a class action suit on behalf of participating employees against Principal, the company with whom McCaffree had contracted to provide a retirement plan’s investment options, alleging that Principal had…
Date: January 8, 2016
Docket Number: 15-1063
Justia Opinion Summary: Defendant pled guilty to aiding and abetting a bank robbery and then appealed her sentence of 97 months in prison. The court concluded that the district court’s reliance, in part, on defendant’s knowledge of her…
Date: January 7, 2016
Docket Number: 14-3312
Justia Opinion Summary: Defendant appealed his conviction and sentence for possessing a firearm and ammunition as a felon. The court concluded that the district court did not abuse its discretion in denying the admissibility of the reverse…
Date: January 6, 2016
Docket Number: 14-3454
Justia Opinion Summary: After the parties' dispute over insurance policy liability coverage, plaintiffs and Cincinnati submitted a joint complaint for declaratory judgment. The court concluded that the district court did not err in finding that…
Date: January 6, 2016
Docket Number: 14-3461
Justia Opinion Summary: Plaintiff filed a trademark infringement suit against defendants. The district court entered a default judgment against defendants as sanction for discovery abuses and then proceeded to enter default judgment against…
Date: January 5, 2016
Docket Number: 14-2481
Justia Opinion Summary: Petitioner, a native of Nicaragua, sought review of the BIA's affirmance of the IJ's denial of asylum, denial of withholding of removal, and withholding under the Convention Against Torture (CAT). Petitioner claimed that…
Date: January 5, 2016
Docket Number: 14-3503
Justia Opinion Summary: Defendant, a former police officer, appealed his conviction for charges stemming from allegations that he distributed marijuana to a confidential informant (CI). The court rejected defendant's Brady v. Maryland claim…
Date: January 5, 2016
Docket Number: 14-3601
Justia Opinion Summary: Plaintiffs Lisa and Frederic Fezard, employees of UCP, filed suit seeking overtime pay contending that the living arrangement in private residences requires additional work time that should be compensated as overtime. At…
Date: January 5, 2016
Docket Number: 15-1135
Justia Opinion Summary: Defendant conditionally pleaded guilty to unlawful possession of a firearm as a previously convicted felon and then appealed the district court's order denying his motion to suppress evidence discovered in a search of…
Date: January 4, 2016
Docket Number: 14-3139
Justia Opinion Summary: Defendant pled guilty to being a felon in possession of numerous firearms and subsequently appealed his sentence. The district court sentenced defendant under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), to…
Date: January 4, 2016
Docket Number: 15-1153
Justia Opinion Summary: Plaintiff filed suit against TNI, alleging that TNI discriminated against her on the basis of race, terminated her in retaliation for her complaints, and violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681.…
Date: January 4, 2016
Docket Number: 15-1416
Justia Opinion Summary: Defendant pleaded guilty to harboring, encouraging, and inducing an alien to reside in the United States, and conspiracy to transport, harbor, and encourage and induce aliens to reside in the United States. On appeal,…
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