2017 Eighth Circuit US Court of Appeals Case Law

Opinions 1 - 500 of 1196

Carolyn Combs v. Nancy A. Berryhill
Date: December 28, 2017
Docket Number: 16-2849
United States v. Dylan Maron
Date: December 28, 2017
Docket Number: 16-4396
Kevin L. Olson v. United States of America
Date: December 28, 2017
Docket Number: 17-1770
Samuel Taylor v. Michael Miller
Date: December 28, 2017
Docket Number: 17-1860
United States v. Alvarez  
Date: December 27, 2017
Docket Number: 16-4154

Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of supervised release based on defendant's multiple violations of drug-testing conditions and a charge of violating a new crime, domestic abuse assault by stran...

United States v. Donald Gordon, Jr.
Date: December 27, 2017
Docket Number: 16-4441
United States v. Joshua Fuertes
Date: December 27, 2017
Docket Number: 17-1647
United States v. Rowe  
Date: December 26, 2017
Docket Number: 16-4102

Justia Opinion Summary: Probable cause for the stop and search of a vehicle may be based on the collective knowledge of all law enforcement officers involved in the investigation and need not be based solely upon information within knowledge of...

Franklin v. Peterson  
Date: December 26, 2017
Docket Number: 16-4429

Justia Opinion Summary: After Walter Louis Franklin, II was shot to death by officers, his estate filed suit against defendants under 42 U.S.C. 1983, alleging claims of excessive force, wrongful death, and negligence. On appeal, the officers ch...

Todd Steckelberg v. Brad Rice
Date: December 26, 2017
Docket Number: 17-1823
United States v. Chambers  
Date: December 22, 2017
Docket Number: 16-4301

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to possession of child pornography. The court held that the district court did not err by imposing a five-point enhancement for engaging in a patte...

United States v. Mosley, Jr.  
Date: December 21, 2017
Docket Numbers: 16-4379, 16-4424, 16-4489

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendants' motion to suppress evidence after they pleaded guilty to bank robbery. The court held that the district court properly concluded that the stop of a v...

Marian Meredith v. David J. Shulkin
Date: December 21, 2017
Docket Number: 16-4400
United States v. Stanley Mosley, Jr.
Date: December 21, 2017
Docket Number: 16-4424
United States v. Beyer  
Date: December 21, 2017
Docket Number: 16-4455

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence and conviction of wire fraud and unlawful monetary transaction. The court held that the district court did not abuse its discretion in admitting ATM-location evidence wher...

Eileen Zell v. David Suttle
Date: December 21, 2017
Docket Number: 16-4464
United States v. Stanley Mosley, Jr.
Date: December 21, 2017
Docket Number: 16-4489
United States v. Thomas  
Date: December 21, 2017
Docket Number: 17-1294

Justia Opinion Summary: The Eighth Circuit affirmed defendant's convictions for domestic assault by an habitual offender and assaulting an intimate partner by suffocation or attempted suffocation. The court held that there was sufficient eviden...

Julia Cerritos v. Jefferson B. Sessions, III
Date: December 21, 2017
Docket Number: 17-1576
JoAnne Wilson v. Nancy A. Berryhill
Date: December 21, 2017
Docket Number: 17-1630
United States v. Ivan Avila
Date: December 21, 2017
Docket Number: 17-1921
Onduso v. Sessions  
Date: December 20, 2017
Docket Numbers: 16-2164, 17-1526

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's dismissal of petitioner's appeal of his removal order. The court held that the BIA correctly determined that Minnesota misdemeanor domestic assault qualified a...

Enio Mazariegos-Chojolan v. Jefferson B. Sessions
Date: December 20, 2017
Docket Number: 16-4478
Daniel Onduso v. Jefferson B. Sessions, III
Date: December 20, 2017
Docket Number: 17-1526
Baltti v. Sessions  
Date: December 19, 2017
Docket Number: 16-1037

Justia Opinion Summary: The petition for rehearing by panel was granted and the previous opinion and judgment on July 10, 2017 was vacated. The Eighth Circuit denied a petition for review of the BIA's denial of petitioner's application for asy...

United States v. Gregory James
Date: December 19, 2017
Docket Number: 17-1291
St. Louis Effort For AIDS v. Lindley-Myers  
Date: December 18, 2017
Docket Number: 16-3647

Justia Opinion Summary: The district court granted summary judgment to Effort for Aids in an action seeking to enjoin the Health Insurance Marketplace Innovation Act of 2013 (HIMIA), but denied attorney's fees under 42 U.S.C. 1988(b). The Eight...

United States v. Janis Kreitinger
Date: December 18, 2017
Docket Number: 16-3742
Johnell Bell, I v. George Lombardi
Date: December 18, 2017
Docket Number: 16-3833
United States v. Raymond Damon Smith
Date: December 18, 2017
Docket Number: 16-3842
Jesse Smith v. Aqua-Care Marketing, LLC
Date: December 18, 2017
Docket Number: 17-1615
United States v. Maria Hernandez-Sotelo
Date: December 18, 2017
Docket Number: 17-2420
Ramirez-Barajas v. Sessions  
Date: December 15, 2017
Docket Numbers: 16-4014, 17-1618

Justia Opinion Summary: The Eighth Circuit denied petitions for review of the IJ's denial of petitioner's application for cancellation of removal and the BIA's dismissal of the subsequent appeal and denial of his motion to reconsider. The court...

J. Cruz Ramirez-Barajas v. Jefferson B. Sessions III
Date: December 15, 2017
Docket Number: 17-1618
Joseph Njoroge v. Jefferson B. Sessions III
Date: December 14, 2017
Docket Number: 16-4322
United States v. Hall  
Date: December 14, 2017
Docket Number: 16-4479

Justia Opinion Summary: During a traffic stop, police smelled marijuana and searched Hall’s car, finding 64 bags of marijuana and a loaded handgun. Hall texted his girlfriend, Merwin, stating he was “dirty.” Hall attempted to flee, punching an...

United States v. Scott  
Date: December 13, 2017
Docket Number: 16-4052

Justia Opinion Summary: After the district court denied Anthony Scott’s motion to suppress guns seized from his home, Scott conditionally pleaded guilty to being a felon in possession of firearms, reserving the right to appeal the denial of his...

Tabogo Anomoh Akung v. Jefferson B. Sessions, III
Date: December 13, 2017
Docket Number: 16-4387
United States v. Lincoln  
Date: December 13, 2017
Docket Number: 17-1148

Justia Opinion Summary: Defendant-appellant Richard Lincoln had his term of supervised release revoked. His revocation sentence included a new term of supervised release, which had the same special conditions as the original revoked term. Linco...

United States v. Larry Dean Rederick
Date: December 13, 2017
Docket Number: 17-1871
Nemmy Matiru v. Jefferson B. Sessions, III
Date: December 12, 2017
Docket Number: 16-3054
United States v. Lacy  
Date: December 12, 2017
Docket Number: 16-4046

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he violated the conditions of his release. The conditions of release were imposed after defendant was convicted of receiving and distributing pornography. The court...

United States v. Quarterman  
Date: December 12, 2017
Docket Number: 16-4519

Justia Opinion Summary: If officers legally enter a home based on a potential threat posed by a gun, they may do a limited search for it in order to prevent harm. If officers have an objectively reasonable basis that some immediate act is requi...

Nemmy Matiru v. Jefferson B. Sessions, III
Date: December 12, 2017
Docket Number: 17-1007
John Bracey v. Little Rock Arkansas, City of
Date: December 12, 2017
Docket Number: 17-1085
United States v. Jonathan May
Date: December 12, 2017
Docket Number: 17-1183
United States v. Kent Sorenson
Date: December 12, 2017
Docket Number: 17-1222
Donnie Dumas v. Matthew Falkner
Date: December 12, 2017
Docket Number: 17-1942
United States v. Feliciano Lopez-Castillo
Date: December 12, 2017
Docket Number: 17-2105
United States v. Blakeney  
Date: December 11, 2017
Docket Number: 16-3945

Justia Opinion Summary: The Eighth Circuit affirmed defendants' conviction of conspiracy against rights, deprivation of rights under color of law, and falsifying a record. The court held that the evidence was sufficient to support defendant's c...

UFCW, Local 653 v. Fresh Seasons Market, LLC
Date: December 11, 2017
Docket Number: 16-4015
Elena Ruzicka v. JPMorgan Chase Bank, N.A.
Date: December 11, 2017
Docket Number: 17-1151
Patsy Oxford v. Madison County Sheriff's
Date: December 11, 2017
Docket Number: 17-1342
United States v. Kimberly Edwards
Date: December 11, 2017
Docket Number: 17-1389
United States v. William Yancey
Date: December 11, 2017
Docket Number: 17-1908
Tension Envelope Corp. v. JBM Envelope Co.  
Date: December 8, 2017
Docket Number: 16-3728

Justia Opinion Summary: Tension Envelope filed suit against JBM, its former supplier, for selling directly to its customers after promising not to do so. The court affirmed the district court's grant of summary judgment to JBM on the breach of...

Rush v. Arkansas DWS  
Date: December 8, 2017
Docket Number: 17-1457

Justia Opinion Summary: Plaintiff filed a pro se complaint in district court, alleging sex, race, and age discrimination in violation of Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. The Eighth Circuit found th...

United States v. Joel Bremer
Date: December 8, 2017
Docket Number: 17-1905
United States v. Walter Jones
Date: December 7, 2017
Docket Number: 16-3958
United States v. Jordan  
Date: December 7, 2017
Docket Number: 16-4165

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not commit plain error by denying defendant's request for a...

Deverick Scott v. Randy Watson
Date: December 7, 2017
Docket Number: 17-1211
Piccinino v. U.S. Department of Education  
Date: December 7, 2017
Docket Number: 17-6022

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's determination that debtor failed to meet her burden of proof to establish an undue hardship pursuant to 11 U.S.C. 523(a)(8) to discharge her student loans. T...

Ibson v. United Healthcare Services  
Date: December 6, 2017
Docket Number: 16-3260

Justia Opinion Summary: Plaintiff filed suit against UHS under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132, seeking to recover unpaid benefits. The Eighth Circuit held that plaintiff could not bring claims for benefits d...

Lateshia Patillo v. Sysco Foods of Arkansas LLC
Date: December 6, 2017
Docket Number: 17-1110
Deverick Scott v. Randy Watson
Date: December 6, 2017
Docket Number: 17-1376
Barajas v. United States  
Date: December 5, 2017
Docket Number: 16-1680

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of a 28 U.S.C. 2255 petition, holding that the district court correctly found that Teague v. Lane, 489 U.S. 288 (1989), barred the application of the Supreme Court'...

Mynor Morales-Perez v. Jefferson B. Sessions, III
Date: December 5, 2017
Docket Number: 16-4531
United States v. Dale Aldridge
Date: December 5, 2017
Docket Number: 17-1997
Wright v. Byron Financial, LLC  
Date: December 4, 2017
Docket Numbers: 16-3465, 16-3554

Justia Opinion Summary: Plaintiff and Byron Financial filed suit against each other for breach of contract. The jury found that plaintiff had violated an agreement between the parties and owed Byron Financial $500,000.00. The district court the...

Christopher Wright v. Byron Financial, LLC
Date: December 4, 2017
Docket Number: 16-3554
United States v. Kenneth Simpson
Date: December 4, 2017
Docket Number: 16-4498
United States v. Stephen Baker
Date: December 4, 2017
Docket Number: 17-1549
Hang Dinh v. Jefferson B. Sessions
Date: December 1, 2017
Docket Number: 16-3901
Melissa Lee v. Southwestern Bell Telephone Co
Date: December 1, 2017
Docket Number: 17-1600
United States v. David Thompson
Date: December 1, 2017
Docket Number: 17-2194
Jeremy Deperalta v. United States
Date: November 30, 2017
Docket Number: 16-2187
Libertarian Party of Arkansas v. Martin  
Date: November 30, 2017
Docket Number: 16-3794

Justia Opinion Summary: The Libertarian Party filed suit seeking a declaratory judgment and injunctive relief against the Arkansas Secretary of State, claiming that the ballot access statutory scheme violated the First and Fourteenth Amendments...

United States v. Timothy Harris
Date: November 30, 2017
Docket Number: 17-1403
United States v. Kevin Watkins
Date: November 30, 2017
Docket Number: 17-1989
United States v. Tracy Yost
Date: November 30, 2017
Docket Number: 17-2510
United States v. Hoskins  
Date: November 29, 2017
Docket Number: 16-3532

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order of restitution in a case where defendant was convicted of distributing a visual depiction of a minor engaging in sexually explicit conduct. The court held that the d...

Andrew Aames v. United States
Date: November 29, 2017
Docket Number: 17-1619
United States v. Juan Herrera-Rodriguez
Date: November 28, 2017
Docket Number: 16-3547
United States v. Pablo Ortega
Date: November 28, 2017
Docket Number: 16-3772
United States v. Pablo Ortega
Date: November 28, 2017
Docket Number: 16-3777
United States v. Kenneth Haag
Date: November 28, 2017
Docket Number: 16-3974
Taby Hargett v. Nancy A. Berryhill
Date: November 28, 2017
Docket Number: 16-4263
United States v. Michael Haynes
Date: November 28, 2017
Docket Number: 17-1878
Batsche v. Price  
Date: November 27, 2017
Docket Number: 16-4305

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal for lack of subject matter jurisdiction an action alleging that a fee paid to the U.S. Department of Health and Human Services under the transitional reinsurance...

Lyons v. Vaught  
Date: November 22, 2017
Docket Number: 16-1062

Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of qualified immunity in an action under 42 U.S.C. 1983 alleging that UMKC's decision not to renew plaintiff's contract was in retaliation of his free speech rights...

Joshua Brenner v. American Education Services
Date: November 21, 2017
Docket Number: 17-1981
United States v. Jeffrey Allen Gardner
Date: November 20, 2017
Docket Number: 16-4054
United States v. Jason Claybron
Date: November 20, 2017
Docket Number: 16-4252
United States v. McElderry  
Date: November 16, 2017
Docket Number: 16-3618

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 130 month sentence after he pleaded guilty to one count of distribution of child pornography. The court held that the district court did not abuse its discretion by not considering...

United States v. Jeremy Saul
Date: November 16, 2017
Docket Number: 16-3626
Aziz v. Allstate Insurance Co.  
Date: November 16, 2017
Docket Number: 16-3888

Justia Opinion Summary: Plaintiffs filed suit against Allstate after the insurance company denied their homeowner's insurance claim. The Eighth Circuit affirmed the district court's grant of Allstate's motion for judgment as a matter of law. In...

United States v. Davis  
Date: November 16, 2017
Docket Number: 16-4334

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 75 months in prison after she pleaded guilty to wire fraud, use of unauthorized access devices, and aggravated identity theft. The court held that the presentencing rep...

United States v. Willie Robinson
Date: November 16, 2017
Docket Number: 16-4347
United States v. Randy Beltramea
Date: November 16, 2017
Docket Number: 16-4354
United States v. Michael Ayala
Date: November 16, 2017
Docket Number: 16-4473
Streambend Properties II, LLC v. Ivy Tower Minneapolis, LLC
Date: November 16, 2017
Docket Number: 17-1293
Ger Lee v. Jefferson B. Sessions, III
Date: November 16, 2017
Docket Number: 17-1580
Christoper Rogers v. Nancy Berryhill
Date: November 16, 2017
Docket Number: 17-1640
Zahn Law Firm, P.A. v. Baker  
Date: November 16, 2017
Docket Number: 17-6015

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order remanding an adversary proceeding brought against debtor by the Law Firm. The panel held that the bankruptcy court did not abuse its discretion by comm...

Carol Walker v. Nancy A. Berryhill
Date: November 15, 2017
Docket Number: 17-1418
United States v. Rodderick Goins
Date: November 15, 2017
Docket Number: 17-2129
Don/McC Cook/Solo v. Jeffrey Stieve
Date: November 14, 2017
Docket Number: 16-3802
United States v. Wedington  
Date: November 14, 2017
Docket Number: 16-3850

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion for a hearing to determine whether he should be discharged from the Federal Medical Center at Rochester (FMCR). The court held that ample evid...

United States v. Durr  
Date: November 14, 2017
Docket Number: 16-3980

Justia Opinion Summary: The Eighth Circuit affirmed the revocation of defendant's supervised release and sentence of 24 months in prison. The court held that the sentence was substantively reasonable, the district court properly imposed the sen...

James Villa v. United States
Date: November 14, 2017
Docket Number: 16-4063
Carlos Arguello-Rodriguez v. Jefferson B. Sessions, III
Date: November 14, 2017
Docket Number: 17-1053
Amaida Bonilla v. Jefferson B. Sessions
Date: November 14, 2017
Docket Number: 17-1204
Vanessa Dundon v. Kyle Kirchmeier
Date: November 14, 2017
Docket Number: 17-1306
United States v. James Capehart, III
Date: November 14, 2017
Docket Number: 17-1405
United States v. Tearon Jackson
Date: November 13, 2017
Docket Number: 16-3843
United States v. Cooney  
Date: November 13, 2017
Docket Number: 16-4447

Justia Opinion Summary: The Eighth Circuit dismissed defendant's appeal of his sentence based on the appellate waiver in his plea agreement. Defendant pleaded guilty to being a felon in possession of a firearm and was ultimately sentenced to 10...

James Neuman v. State of Iowa
Date: November 13, 2017
Docket Number: 16-4460
United States v. Jose Heredia
Date: November 13, 2017
Docket Number: 17-1839
United States v. Orlando Ponce
Date: November 13, 2017
Docket Number: 17-2092
Long v. United States  
Date: November 9, 2017
Docket Number: 16-2820

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's claim under 28 U.S.C. 2255, alleging that counsel was ineffective because counsel failed to object to testimony concerning his statement to an agent...

Robert Couch, Jr. v. Nancy A. Berryhill
Date: November 9, 2017
Docket Number: 16-3791
Donald Collins v. Nancy A. Berryhill
Date: November 9, 2017
Docket Number: 16-3893
United States v. Carl Shinn
Date: November 9, 2017
Docket Number: 17-1365
United States v. Scottie McDuffie
Date: November 9, 2017
Docket Number: 17-1510
James Stringer v. Nancy A. Berryhill
Date: November 9, 2017
Docket Number: 17-1511
United States v. Guillermo Sanchez
Date: November 9, 2017
Docket Number: 17-1715
Troy Cramer v. United States
Date: November 8, 2017
Docket Number: 16-4427
Manning v. Jones  
Date: November 7, 2017
Docket Number: 16-1406

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that the dean of the University of Iowa College of Law had rejected her applications to teach legal analysis and writing at the law school due to political discriminati...

United States v. Joshua Beardemphl
Date: November 7, 2017
Docket Number: 17-1112
Md Iftiar Uddin v. Jefferson B. Sessions, III
Date: November 7, 2017
Docket Number: 17-1277
United States v. Samuels  
Date: November 6, 2017
Docket Number: 16-3871

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of knowingly making a false statement with respect to a material fact in an immigration matter in violation of 18 U.S.C. 1546(a). The court held that the evidence was su...

United States v. Eldon Philip Anderson
Date: November 6, 2017
Docket Number: 17-1714
United States v. Eldon Philip Anderson
Date: November 6, 2017
Docket Number: 17-3183
United States v. Mantrel Young
Date: November 3, 2017
Docket Number: 16-3669
Lleyson Carreto Carreto v. Jefferson B. Sessions, III
Date: November 3, 2017
Docket Number: 17-1185
United States v. Lester Ramer
Date: November 3, 2017
Docket Number: 17-1301
United States v. Korey Moore
Date: November 3, 2017
Docket Number: 17-1725
Robert Clayborne, Jr. v. Tecumseh Department
Date: November 1, 2017
Docket Number: 17-1072
Jeffery Kemp v. Black Hawk County Jail
Date: November 1, 2017
Docket Number: 17-1479
Omega Flex, Inc. v. George  
Date: November 1, 2017
Docket Number: 17-8024

Justia Opinion Summary: The Eighth Circuit affirmed a petition for permission to appeal the district court's order denying Article III standing to Respondent Bonnie George, individually and on behalf of others similarly situated. George filed a...

United States v. Jedediah Stout
Date: October 31, 2017
Docket Number: 16-4139
Caimin Li v. Jefferson B. Sessions
Date: October 31, 2017
Docket Number: 16-4279
United States v. Babb  
Date: October 31, 2017
Docket Number: 17-1066

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of conspiracy to distribute fifty grams or more of actual methamphetamine and three counts of distributing five grams or more of actual methamphetamine. The court held t...

United States v. Steven Gibson
Date: October 31, 2017
Docket Number: 17-1355
Earl Jackson v. C. Rivera
Date: October 31, 2017
Docket Number: 17-1856
United States v. Mitchell Johnson
Date: October 31, 2017
Docket Number: 17-1990
Wagner Monterroso Divas v. Jefferson B. Sessions, III
Date: October 30, 2017
Docket Number: 17-1089
Shelia Jones v. Nancy Berryhill
Date: October 30, 2017
Docket Number: 17-1290
Kristy Cunningham v. Leona Bates
Date: October 30, 2017
Docket Number: 17-1523
S.M. v. Lincoln County, Missouri  
Date: October 27, 2017
Docket Number: 16-3451

Justia Opinion Summary: Plaintiffs, former participants in the Drug Court, filed suit under 42 U.S.C. 1983 against the County and others, alleging that Scott Edwards, the former lieutenant of the sheriff's department, violated their substantive...

Lacey Paige v. Unknown Taber
Date: October 27, 2017
Docket Number: 16-3801
United States v. Derek Kok
Date: October 27, 2017
Docket Number: 17-1836
United States v. Christopher Heffner
Date: October 26, 2017
Docket Number: 16-4073
United States v. Clifton Hudson
Date: October 25, 2017
Docket Number: 17-1158
United States v. Jeremiah Watson
Date: October 25, 2017
Docket Number: 17-1197
Jingyuan Feng v. Rockwell Collins, Inc.
Date: October 25, 2017
Docket Number: 17-1286
United States v. Kenneth Goff
Date: October 25, 2017
Docket Number: 17-1469
Henry Harmon v. Jonathan White
Date: October 25, 2017
Docket Number: 17-1566
United States v. Yliyah Yisrayl
Date: October 25, 2017
Docket Number: 17-2384
United States v. Metrick Jenkins
Date: October 24, 2017
Docket Number: 17-1876
Margaret Foster v. Cerro Gordo County
Date: October 23, 2017
Docket Number: 16-2621
Margaret Foster v. Cerro Gordo County
Date: October 23, 2017
Docket Number: 16-3195
United States v. Boman  
Date: October 20, 2017
Docket Number: 14-3312

Justia Opinion Summary: The Supreme Court granted a petition for writ of certiorari, vacated the district court's judgment, and remanded for further consideration in light of Mathis v. United States, 136 S. Ct. 2243 (2016). The Eighth Circuit...

Kmak v. American Century Co.  
Date: October 19, 2017
Docket Number: 15-3920

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of plaintiff's motion for leave to amend and granted summary judgment dismissing plaintiff's sole claim remaining on remand -- that American Century breached the im...

Charles Weber v. United States
Date: October 19, 2017
Docket Number: 16-2150
United States v. Aaron Miles
Date: October 19, 2017
Docket Number: 16-4510
Trivansky Swington v. Waterloo, Iowa, City of
Date: October 19, 2017
Docket Number: 17-1350
Kennell v. Dormire  
Date: October 17, 2017
Docket Number: 16-2887

Justia Opinion Summary: The Eighth Circuit affirmed the denial of petitioner's 28 U.S.C. 2254 petition and motion to reconsider. The court rejected petitioner's Brady claims, holding that there was no agreement that a witness and the state ente...

Steven Cowan v. United States
Date: October 17, 2017
Docket Number: 16-3085
Abuya v. Sessions  
Date: October 17, 2017
Docket Number: 16-3407

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's decision sustaining DHS's charges that petitioner entered into a fraudulent marriage with the purpose of procuring adjustment of st...

Frederick v. Motsinger  
Date: October 17, 2017
Docket Number: 16-3523

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of excessive force claims in a 42 U.S.C. 1983 action filed by the estate of Fallon Frederick. Frederick was shot and killed by an officer when she charged anothe...

David Martin v. Nancy A. Berryhill
Date: October 17, 2017
Docket Number: 16-3624
Weed v. Jenkins  
Date: October 17, 2017
Docket Number: 16-3629

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to defendants in an action alleging that plaintiff was arrested in violation of his First and Fourth Amendment rights, as well as the statute aut...

Richard Wann v. St. Francois County, Missouri
Date: October 17, 2017
Docket Number: 16-3857
United States v. Stone  
Date: October 17, 2017
Docket Number: 16-3987

Justia Opinion Summary: The Eighth Circuit affirmed defendant's above-Guidelines sentence of 60 months in prison after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not abuse its discr...

Reginald Robinson v. Pulaski Technical College
Date: October 17, 2017
Docket Number: 17-2099
United States v. Derek Hughes-Doby
Date: October 16, 2017
Docket Number: 16-3973
United States v. Herman Baylor
Date: October 16, 2017
Docket Number: 16-4546
United States v. Lance Williams
Date: October 13, 2017
Docket Number: 17-1035
Waters v. Ferrara Candy Co.  
Date: October 13, 2017
Docket Number: 17-2812

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order remanding a putative class action, alleging that Ferrara engaged in false, deceptive, and misleading conduct by selling substantially under-filled boxes of Red Hot c...

Thole v. U.S. Bank  
Date: October 12, 2017
Docket Number: 16-1928

Justia Opinion Summary: Plaintiffs filed suit against defendants, challenging the management of a defined benefit pension plan under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. Plaintiffs alleged that defendants...

United States v. Cobo-Cobo  
Date: October 12, 2017
Docket Number: 16-4097

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained during a police encounter that occurred more than four years before he was indicted for misusing a social securi...

James Whitney v. Sergeant Morse
Date: October 11, 2017
Docket Number: 16-2760
John E. Peet v. Nancy A. Berryhill
Date: October 11, 2017
Docket Number: 16-4040
Jorge Sanchez-Soto v. Jefferson B. Sessions
Date: October 11, 2017
Docket Number: 16-4281
Henry Diaz-Garcia v. Jefferson B. Sessions, III
Date: October 11, 2017
Docket Number: 16-4385
Robert Thomas v. Nancy A. Berryhill
Date: October 11, 2017
Docket Number: 17-1156
Matthew Barnett v. Wendy Kelley
Date: October 11, 2017
Docket Number: 17-1483
United States v. Laquetta Hughes
Date: October 11, 2017
Docket Number: 17-1758
United States v. Daniel Reydondo
Date: October 11, 2017
Docket Number: 17-1903
In Re: Travelers Home Ins. v.
Date: October 6, 2017
Docket Number: 16-3243
Bradley Landreth v. Nancy A. Berryhill
Date: October 6, 2017
Docket Number: 16-3896
United States v. Minnis  
Date: October 6, 2017
Docket Number: 17-1017

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 188 month sentence after he pleaded guilty to possessing heroin with intent to distribute. The court held that defendant was a career offender under USSG 4B1.1 because his prior co...

United States v. Dokes  
Date: October 5, 2017
Docket Number: 16-3796

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of five years probation including six months confinement and order of restitution to the Social Security Administration. Defendant pleaded guilty to theft of United States...

United States v. Jason Tuberville
Date: October 5, 2017
Docket Number: 16-3981
United States v. Ballard  
Date: October 5, 2017
Docket Number: 16-4053

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 121 months in prison after he pleaded guilty to possession with intent to distribute methamphetamine. The court held that defendant's sentence was substantively reasona...

United States v. Kenneth McGee
Date: October 5, 2017
Docket Number: 17-1658
Mark Koch v. Michael Kozeal
Date: October 4, 2017
Docket Number: 16-4197
United States v. Zibo Li
Date: October 4, 2017
Docket Number: 16-4238
Major Calhoun v. Corizon Correctional Health
Date: October 4, 2017
Docket Number: 16-4373
Dan Lee, Sr. v. D. Matthew Edwards
Date: October 4, 2017
Docket Number: 17-1105
Weidong Sun v. Jefferson B. Sessions, III
Date: October 4, 2017
Docket Number: 17-1285
United States v. Ian Mackie
Date: October 3, 2017
Docket Number: 16-4535
United States v. Neldwin Santana
Date: October 3, 2017
Docket Number: 17-1498
Kevin Wolfe v. Nancy A. Berryhill
Date: September 29, 2017
Docket Number: 16-4469
Pablo Ajqui De La Cruz v. Jefferson B. Sessions, III
Date: September 29, 2017
Docket Number: 17-1061
Juan Tomas-Antonio v. Jefferson B. Sessions, III
Date: September 29, 2017
Docket Number: 17-1063
United States v. Gregory Alcala
Date: September 28, 2017
Docket Number: 16-2852
United States v. Byas  
Date: September 28, 2017
Docket Number: 16-3616

Justia Opinion Summary: The Eighth Circuit vacated defendant's sentence after he was convicted of being a felon in possession of a firearm. The court held that defendant's prior conviction for burglary under the Illinois statute used a broader...

United States v. Joshua Charter
Date: September 28, 2017
Docket Number: 16-3676
United States v. Jonathan Monshower
Date: September 28, 2017
Docket Number: 16-3996
United States v. Marvance Robinson
Date: September 28, 2017
Docket Number: 16-4018
United States v. Angela Carrino
Date: September 28, 2017
Docket Number: 16-4393
Karen Villa v. Nancy A. Berryhill
Date: September 28, 2017
Docket Number: 17-1670
Southern Bakeries, LLC v. NLRB  
Date: September 27, 2017
Docket Numbers: 16-3328, 16-3509

Justia Opinion Summary: Southern petitioned for review of the Board's decision ordering the company to bargain with the union. The Eighth Circuit held that substantial evidence supported the Board's determination that Southern violated section...

Southern Bakeries, LLC v. NLRB
Date: September 27, 2017
Docket Number: 16-3509
Leon Robinson, Jr. v. United States
Date: September 27, 2017
Docket Number: 16-4038
Angela Kay Shambour v. Carver County
Date: September 25, 2017
Docket Number: 16-1425
In Re: State Farm Fire & Casualty Co.  
Date: September 25, 2017
Docket Numbers: 16-3185, 16-3562

Justia Opinion Summary: Plaintiff filed a putative class action, alleging that State Farm's practice of deducting "labor depreciation" from estimated replacement cost in determining actual cash value breached the insurance contract. The Eighth...

In Re: State Farm Fire, etc. v.
Date: September 25, 2017
Docket Number: 16-3562
CRP Holdings v. O'Sullivan  
Date: September 22, 2017
Docket Number: 17-6012

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order holding that CRP holds a judicial lien against the real property of debtor and avoiding that lien under Bankruptcy Code 522(f)(1). The panel held that...

John Spencer v. Warden FPC Duluth
Date: September 21, 2017
Docket Number: 16-4142
Margaret Foster v. Cerro Gordo County
Date: September 20, 2017
Docket Number: 16-2621
Margaret Foster v. Cerro Gordo County
Date: September 20, 2017
Docket Number: 16-3195
Thompson v. United States  
Date: September 19, 2017
Docket Number: 16-3519

Justia Opinion Summary: An administrative panel's denial of a motion to dismiss for lack of jurisdiction typically is the law of the case, ordinarily to be adhered to in the absence of clear error or manifest injustice. After the Eighth Circuit...

Hansen v. Black  
Date: September 18, 2017
Docket Number: 16-4162

Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of qualified immunity against a trooper who shot and killed plaintiff's dog when the dog ran onto a highway and obstructed traffic. The court held that the issue wa...

United States v. McDill  
Date: September 15, 2017
Docket Number: 15-2503

Justia Opinion Summary: The Eighth Circuit reversed defendant's conviction of two violations of 36 C.F.R. 261.3(c), which prohibits threatening, intimidating, or intentionally interfering with any Forest officer. In this case, the citations cha...

Wartman v. United Food and Commercial Workers Local 653  
Date: September 15, 2017
Docket Number: 16-2786

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order granting the Union's motion to dismiss for failure to state a claim upon which relief could be granted. In this case, plaintiffs filed suit alleging that the Union h...

Edward Carter v. Amanda King
Date: September 15, 2017
Docket Number: 16-4250
Naing Aung Mon v. Jefferson B. Sessions
Date: September 15, 2017
Docket Number: 16-4476
Coulter v. Kelley  
Date: September 14, 2017
Docket Number: 16-1488

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of the petition for habeas relief under 28 U.S.C. 2254 as time-barred. The court held that the state did not knowingly and intelligently waive its statute-of-lim...

Clifford Eaton v. United States
Date: September 14, 2017
Docket Number: 17-1128
Dexter Harmon v. Leslie Rutledge
Date: September 13, 2017
Docket Number: 16-3579
United States v. Keith Bradford
Date: September 13, 2017
Docket Number: 16-4563
United States v. Parker  
Date: September 12, 2017
Docket Numbers: 16-2541, 16-2598, 16-3086, 16-3334, 16-3335

Justia Opinion Summary: Defendants Parker, Veltrez Black, Johnson, and Bender appealed their convictions for conspiring to possess firearms in a conspiracy involving gang members with felony convictions who enlisted "straw purchasers." In regar...

United States v. Darryl Parker
Date: September 12, 2017
Docket Number: 16-2598
United States v. Darryl Parker
Date: September 12, 2017
Docket Number: 16-3086
United States v. Darryl Parker
Date: September 12, 2017
Docket Number: 16-3334
United States v. Darryl Parker
Date: September 12, 2017
Docket Number: 16-3335
United States v. Marvin Spencer
Date: September 12, 2017
Docket Number: 16-3435
Abdoul Diallo v. Jefferson B. Sessions, III
Date: September 12, 2017
Docket Number: 16-3792
United States v. Francisco Sanchez
Date: September 12, 2017
Docket Number: 16-3793
Charles Schneider v. CIR
Date: September 12, 2017
Docket Number: 16-4122
Charles Schneider v. CIR
Date: September 12, 2017
Docket Number: 16-4125
Patricia Torre v. Northrop Grumman Systems Corp.
Date: September 12, 2017
Docket Number: 16-4143
Clifford J. Schuett v. L. LaRiva
Date: September 12, 2017
Docket Number: 17-1210
Myra Young v. Hot Springs Police Department
Date: September 11, 2017
Docket Number: 16-3815
Douglas Earl Leiter v. Christopher Nickrenz
Date: September 11, 2017
Docket Number: 17-1263
Simpson v. Bayer Healthcare  
Date: September 8, 2017
Docket Number: 15-2220

Justia Opinion Summary: As long as the relator had direct knowledge of the true state of the facts, she can be an original source even though her knowledge of the misrepresentation was not first-hand. In this case, the Eighth Circuit reversed t...

United States v. Shawn Hatfield
Date: September 8, 2017
Docket Number: 16-3719
David Mills Becker v. Dennis Crow
Date: September 8, 2017
Docket Number: 16-4138
Harriet M. Liedtke v. Ria Runningen
Date: September 8, 2017
Docket Number: 17-1003
Herman Paulson v. Daniel McDermott
Date: September 8, 2017
Docket Number: 17-1093
UnitedHealth Group Inc. v. Executive Risk Specialty Ins.  
Date: September 7, 2017
Docket Number: 15-1076

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for four insurance companies in an action filed by UnitedHealth, seeking indemnity and defense costs for underlying litigation settlements under...

Heglund v. City of Grand Rapids  
Date: September 7, 2017
Docket Number: 16-3063

Justia Opinion Summary: Plaintiff and her husband filed suit against numerous defendants, alleging that police officers had improperly accessed their private information in the State's driver's license database. The Eighth Circuit affirmed the...

Lee v. Driscoll  
Date: September 7, 2017
Docket Numbers: 16-3139, 16-3236

Justia Opinion Summary: Plaintiffs filed suit against individual defendants under 42 U.S.C. 1983 and state law, alleging claims related to the Township Board's decision to install a culvert and to refund leftover grant money to FEMA without hol...

Roger Lee v. William Driscoll
Date: September 7, 2017
Docket Number: 16-3236
United States v. Ronda Easton
Date: September 6, 2017
Docket Number: 16-4461
Charles Gabus Motors, Inc. v. Tirrell  
Date: September 6, 2017
Docket Number: 17-6009

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's judgment denying debtor a discharge of his debts. The panel held that the bankruptcy court's finding that debtor failed to make timely installment payments w...

Davenport Chester, LLC v. Abrams Properties, Inc.  
Date: September 5, 2017
Docket Number: 16-3228

Justia Opinion Summary: The Eighth Circuit affirmed summary judgment for tenant in a suit filed by landlord for breach of a terminated lease agreement and waste under Iowa law. The court held that, under section 26.01 of the lease agreement, th...

United States v. Jeremy Warren
Date: September 5, 2017
Docket Number: 16-3364
United States v. Jack Grubb, III
Date: September 5, 2017
Docket Number: 16-3673
Chad DuBois v. Michael Joe Hanvey
Date: September 5, 2017
Docket Number: 16-3955
United States v. David Willard
Date: September 5, 2017
Docket Number: 17-1190
United States v. Pierre  
Date: September 1, 2017
Docket Number: 16-2797

Justia Opinion Summary: The Eighth Circuit affirmed defendant's convictions for conspiracy to defraud the government and money laundering. The court held that defendant's double jeopardy claim failed or was barred by his guilty plea; the distri...

United States v. Rodney Brown
Date: September 1, 2017
Docket Number: 17-1200
Watson v. Air Methods Corp.  
Date: August 31, 2017
Docket Number: 15-1900

Justia Opinion Summary: After plaintiff filed suit against Air Methods for wrongful discharge in violation of public policy, Air Methods removed the case to federal court and moved to dismiss based on the pre-emption provision of the Airline De...

United States v. Long  
Date: August 31, 2017
Docket Number: 16-1419

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for possession with intent to distribute a controlled substance and possession of a firearm by a felon. The court held that the district court did not err in denying def...

Bavlsik v. General Motors  
Date: August 31, 2017
Docket Numbers: 16-1491, 16-1632

Justia Opinion Summary: Plaintiff filed suit against GM after was involved in an accident where he sustained a cervical-spinal cord injury that rendered him a quadriplegic. Plaintiff was in a GMC Savana van and, although he had his seatbelt on...

Michael Bavlsik v. General Motors
Date: August 31, 2017
Docket Number: 16-1632
Blake v. MJ Optical, Inc.  
Date: August 31, 2017
Docket Number: 16-3100

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for MJ Optical in plaintiff's suit alleging that she was the victim of sex discrimination, age discrimination, and a hostile work environment. Th...

United States v. Melton  
Date: August 31, 2017
Docket Number: 16-3103

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for twelve counts of mail fraud and five counts of failure to pay employment taxes. The court rejected defendant's evidentiary challenges; denied exercising...

Andre Williams, Sr. v. Ian Wallace
Date: August 31, 2017
Docket Number: 16-3155
SEC v. Topwater Exclusive Fund III  
Date: August 30, 2017
Docket Number: 16-1072

Justia Opinion Summary: In this second appeal in an SEC enforcement action against Marlon Quan and entities he controlled, including the hedge fund SCAF, three investors in SCAF challenged orders entered by the district court pertaining to the...

Alleruzzo v. SuperValu, Inc.  
Date: August 30, 2017
Docket Numbers: 16-2378, 16-2528

Justia Opinion Summary: Plaintiff, shoppers who shopped at SuperValu stores that suffered data breaches, filed putative class actions alleging that hackers gained access to defendants' network because defendants failed to take adequate measures...

Melissa Alleruzzo v. SuperValu, Inc.
Date: August 30, 2017
Docket Number: 16-2528
West Plains, LLC v. Retzlaff Grain Co. Inc.  
Date: August 30, 2017
Docket Number: 16-2650

Justia Opinion Summary: After ten individuals resigned from West Plains to join a start-up freight brokerage operation founded by the former owner of West Plains, West Plains filed suit. The jury found defendants liable for tortious interferenc...

Ana Diaz-Posada v. Jefferson B. Sessions
Date: August 30, 2017
Docket Number: 16-3895
Twin City Pipe Trades Service Assoc. v. Wenner Quality Services, Inc.  
Date: August 29, 2017
Docket Number: 16-1791

Justia Opinion Summary: Twin City filed suit seeking to recover unpaid fringe-benefit contributions allegedly due under a collective bargaining agreement (CBA). The district court granted summary judgment for the Association on the ground that...

Estate of Ahmed M. Guled v. Minneapolis  
Date: August 29, 2017
Docket Number: 16-2252

Justia Opinion Summary: After police officers shot and killed Ahmed Guled, Guled's father filed suit against the City and the officers under 42 U.S.C. 1983, alleging excessive force. The Eighth Circuit affirmed the district court's grant of sum...

Demarais v. Gurstel Chargo, P.A.  
Date: August 29, 2017
Docket Number: 16-3173

Justia Opinion Summary: The Eighth Circuit reversed the district court's dismissal of plaintiff's complaint alleging that Gurstel violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692k(d), while collecting a consumer debt. The...

Ball v. City of Lincoln  
Date: August 29, 2017
Docket Number: 16-3210

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the City and SMG on plaintiff's claim that defendants violated his First Amendment free-speech rights. In this case, plaintiff was ticketed an...

Hiltner v. Owners Insurance Co.  
Date: August 29, 2017
Docket Number: 16-3217

Justia Opinion Summary: The Eighth Circuit reversed the district court's award of damages to plaintiff for injuries that she sustained in a vehicle-related accident. The court held that the district court improperly applied a heightened duty to...

United States v. Long  
Date: August 29, 2017
Docket Number: 16-3397

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to dismiss his conviction of being a prohibited person in possession of a firearm. The court agreed with the Ninth Circuit that the phrase "ri...

Jones v. United States  
Date: August 29, 2017
Docket Number: 16-3458

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2255 petition, holding that his prior Wisconsin conviction for battery of a law enforcement officer constituted a violent felony under the...

United States v. McGhee  
Date: August 29, 2017
Docket Number: 16-3578

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 18 month sentence after revocation of supervised release. The court held that the district court did not commit plain procedural error where the district court was aware of its obl...

Clarence Scott v. Justin Deleon
Date: August 29, 2017
Docket Number: 16-4167
Hoyland v. McMenomy  
Date: August 28, 2017
Docket Number: 16-2222

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of qualified immunity to police officers in plaintiff's suit alleging violation of his First and Fourth Amendment rights. Determining that it had jurisdiction over...

LNV Corp. v. Outsource Services Management, LLC  
Date: August 28, 2017
Docket Number: 16-2412

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in an action filed by LNV against OSM to recover its share of sales proceeds from a promissory note. The court held that the Financial Institutio...

Goodwin v. United States  
Date: August 25, 2017
Docket Number: 16-1669

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to vacate his conviction for attempted transportation of a minor with intent to engage in sexual activity under the Mann Act, 18 U.S.C. 2423....

United States v. Mata  
Date: August 25, 2017
Docket Number: 16-1709

Justia Opinion Summary: The Eighth Circuit affirmed the district court's application of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), to defendant's sentence after he pleaded guilty t...

Adams v. United States  
Date: August 25, 2017
Docket Number: 16-3231

Justia Opinion Summary: Petitioner challenged the district court's denial of his motion to vacate his sentence under 28 U.S.C. 2255 based on ineffective assistance of counsel. Petitioner pleaded guilty to a charge that he conspired to distribut...

United States v. Brittany Frierson
Date: August 25, 2017
Docket Number: 16-4104
Graham v. Catamaran Health Solutions LLC  
Date: August 23, 2017
Docket Number: 16-1161

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of defendants' motion to dismiss plaintiff's suit seeking reimbursement of premiums, enhanced damages and fees, alleging claims of unjust enrichment, breach of contr...

United States v. Renargo Martin
Date: August 23, 2017
Docket Number: 16-1944
United States v. Iqbal  
Date: August 23, 2017
Docket Number: 16-3065

Justia Opinion Summary: The Eighth Circuit affirmed defendant's convictions for three counts of soliciting or receiving an illegal kickback related to a federal health-care program and one count of making a false statement to federal agents. Th...

United States v. Harper  
Date: August 23, 2017
Docket Number: 16-3907

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 188 month sentence after he pleaded guilty to one count of bank robbery. The court held that the district court did not abuse its discretion by concluding that defendant was a care...

Mackey v. Johnson  
Date: August 22, 2017
Docket Number: 16-1886

Justia Opinion Summary: The Fund filed suit against defendants under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132(a)(3), alleging that it had a right to a portion of a negligence settlement attributable to medical expense...

Missouri v. Spencer  
Date: August 22, 2017
Docket Numbers: 16-3182, 16-3183

Justia Opinion Summary: After debtors filed for Chapter 13 bankruptcy, MDSS filed a proof of claim for an unsecured domestic support obligation (DSO) to pay spousal and child support arrears to one of the debtor's prior spouses. MDSS then filed...

State of Missouri, etc. v. Michael Spencer
Date: August 22, 2017
Docket Number: 16-3183
United States v. Cobenais  
Date: August 22, 2017
Docket Number: 16-3420

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for aggravated sexual abuse. The court held that the district court did not abuse its discretion in providing the theory-of-defense instruction on consent. The court als...

Patel v. Sessions  
Date: August 22, 2017
Docket Number: 16-3619

Justia Opinion Summary: The Eighth Circuit granted the petition for review challenging the denial of petitioner's application for a waiver and order of removal. The court held that the BIA erred in affirming the IJ's admission of the ex-husband...

United States v. Hobgood  
Date: August 22, 2017
Docket Number: 16-3778

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for interstate stalking after he created publicly accessible social media accounts in which he portrayed his ex-girlfriend as an exotic dancer and prostitute. He contact...

United States v. Frank Godino
Date: August 22, 2017
Docket Number: 17-1262
Rodriguez-Labato v. Sessions  
Date: August 21, 2017
Docket Number: 16-1623

Justia Opinion Summary: The failure to satisfy the warning requirements of 8 C.F.R. 240.25 does not preclude a finding of a voluntary departure under threat of deportation sufficient to break the ten-year period of continuous presence required...

United States v. Ortiz-Cervantes  
Date: August 21, 2017
Docket Number: 16-1788

Justia Opinion Summary: The Eighth Circuit affirmed the denial of his motion to suppress evidence obtained as a result of the execution of a warrant to search his residence. Defendant had pleaded guilty to possession with intent to distribute 5...

David Harrell v. Gerald Robinson
Date: August 21, 2017
Docket Number: 16-2845
Combs v. Berryhill  
Date: August 21, 2017
Docket Number: 16-2849

Justia Opinion Summary: The Eighth Circuit reversed the district court's order affirming the ALJ's denial of plaintiff's application for disability insurance benefits and supplemental security income. The court held that the ALJ erred in relyin...

United States v. David Clark
Date: August 21, 2017
Docket Number: 16-3341
Kuhns v. Scottrade, Inc.  
Date: August 21, 2017
Docket Numbers: 16-3426, 16-3542

Justia Opinion Summary: After hackers accessed the internal database of Scottrade, plaintiff and others filed a putative class action against Scottrade. The district court concluded that plaintiff lacked Article III standing because he had not...

United States v. Dortch  
Date: August 18, 2017
Docket Number: 16-3178

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of a firearm from a pat-down. The court held that the pat-down was constitutional because the officer did not search or s...

United States v. Lovato  
Date: August 18, 2017
Docket Number: 16-3708

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 180 months in prison after he was convicted of sexual abuse of a minor. The court held that the district court permissibly accounted for the other occasions of abuse by...

United States v. Buckner  
Date: August 18, 2017
Docket Number: 16-3741

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court held that the district court did not abuse its discretion by admitting evidence concerning a prior 2015 shooting...

Thaisheena Nicholson v. Nancy A. Berryhill
Date: August 18, 2017
Docket Number: 16-4180
Jo Ann Howard and Associates v. National City Bank  
Date: August 17, 2017
Docket Numbers: 15-3872, 15-3878

Justia Opinion Summary: PNC Bank appealed a jury verdict in favor of a special deputy receiver finding PNC liable for negligence and breach of fiduciary duty in violation of its duties as trustee of various preneed trusts created by NPS. The Ei...

Jo Ann Howard and Associates v. National City Bank
Date: August 17, 2017
Docket Number: 15-3878
Fleck v. Wetch  
Date: August 17, 2017
Docket Number: 16-1564

Justia Opinion Summary: When plaintiff learned that the State Bar Association of North Dakota (SBAND) was using his compulsory fees to oppose a measure that he volunteered time and money to support, he filed suit seeking declaratory and injunct...

Torti v. John Hancock Life Insurance Co.  
Date: August 17, 2017
Docket Number: 16-1793

Justia Opinion Summary: Plaintiff filed suit against defendants, alleging claims of breach of fiduciary duty, breach of contract, and negligence. The Eighth Circuit affirmed the district court's motion to dismiss the breach of contract and negl...

United States v. Gater  
Date: August 17, 2017
Docket Number: 16-1836

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's request for a Franks hearing after he was convicted of possession with intent to distribute cocaine base and sentenced to 146 months in prison. The c...

Ritchie Capital Management LLC v. BMO Harris Bank, N.A.  
Date: August 17, 2017
Docket Number: 16-1968

Justia Opinion Summary: The Eighth Circuit affirmed the district court's decision to abstain from a suit arising out of the collapse of Thomas Petters' massive Ponzi scheme, because the case before the district court was duplicative of the case...

United States v. Miklos Dates
Date: August 17, 2017
Docket Number: 16-3640
United States v. Said Ali
Date: August 17, 2017
Docket Number: 16-4215
Tyrone Ellis v. Aric Simmons
Date: August 17, 2017
Docket Number: 17-1429
Does v. Gillespie  
Date: August 16, 2017
Docket Numbers: 15-3271, 16-4068

Justia Opinion Summary: The "free-choice-of provider" provision of the Medicaid Act, 42 U.S.C. 1396a(a)(23)(A), did not unambiguously create a federal right for individual patients that could be enforced under 42 U.S.C. 1983. Plaintiff, three A...

Laurence Maravilla v. Jefferson B. Sessions, III
Date: August 16, 2017
Docket Number: 16-1370
Olga Despotis Trust v. Cincinnati Insurance Co.  
Date: August 16, 2017
Docket Number: 16-2093

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for CIC on the Trust's claims for breach of contract, vexatious refusal, and declaratory judgment. The court held that the district court properl...

Scott v. Tempelmeyer  
Date: August 16, 2017
Docket Number: 16-2404

Justia Opinion Summary: Plaintiff filed suit against the City and others, including City Attorney Tobias Tempelmeyer, claiming violations of his First and Fourth Amendment rights. Plaintiff claimed that the inspection and condemnation of a mote...

United States v. Thomas Davis, III
Date: August 16, 2017
Docket Number: 16-3017
Keller v. Pringle  
Date: August 16, 2017
Docket Number: 16-3175

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of a petition for writ of federal habeas relief under 28 U.S.C. 2254, holding that the application was untimely. In this case, 18 U.S.C. 2244(d)(1)(D), which pro...

United States v. Christopher Johnson
Date: August 16, 2017
Docket Number: 16-3847
Planned Parenthood of AR, etc. v. Cindy Gillespie
Date: August 16, 2017
Docket Number: 16-4068
Peterson v. The Travelers Indemnity Co.  
Date: August 15, 2017
Docket Number: 16-1146

Justia Opinion Summary: After plaintiff was injured in a car accident while driving a loaner vehicle from Billion, she filed suit against Billion's insurer, Travelers, for coverage under the commercial insurance policy. The Eighth Circuit affir...

White v. Union Pacific Railroad Co.  
Date: August 15, 2017
Docket Number: 16-1958

Justia Opinion Summary: In 2012, plaintiff filed suit against Union Pacific under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51 et seq., alleging liability for a lower back injury. The Eighth Circuit affirmed the district court's ju...

Johnson Regional Medical Center v. Halterman  
Date: August 15, 2017
Docket Number: 16-3068

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to JRMC in this breach of contract suit and the district court's subsequent award of $64,931.81 to JRMC. The court held that the documents execut...

United States v. Davis  
Date: August 15, 2017
Docket Number: 16-3345

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress, motions in limine, motion for mistrial, motion for judgment of acquittal, and proposed buyer–seller instruction. The court held t...

Dziadek v. The Charter Oak Fire Ins.  
Date: August 15, 2017
Docket Numbers: 16-4070, 16-4210

Justia Opinion Summary: After a jury found that Charter Oak was liable for breach of contract and deceit for its handling of plaintiff's underinsured motorist (UIM) claim, the district court partly granted judgment as a matter of law and approv...

Laura Dziadek v. The Charter Oak Fire Insurance
Date: August 15, 2017
Docket Number: 16-4210
United States v. LeBeau  
Date: August 14, 2017
Docket Number: 15-3592

Justia Opinion Summary: Gerald LeBeau (Gerald) was convicted by jury of possession with intent to distribute cocaine. The jury convicted Gerald and his son Neil LeBeau (Neil) of conspiracy to distribute cocaine and conspiracy to distribute mari...

United States v. Gerald Wayne LeBeau
Date: August 14, 2017
Docket Number: 15-3653
United States v. Oldrock  
Date: August 14, 2017
Docket Number: 16-2633

Justia Opinion Summary: Jade Oldrock was convicted of the aggravated sexual abuse of a child and committing a felony sex offense as a registered sex offender. The district court sentenced Oldrock to the statutory mandatory minimum sentence for...

BNSF Railway Co. v. LABR  
Date: August 14, 2017
Docket Number: 16-3093

Justia Opinion Summary: Clyde Carter, Jr. injured his shoulder and neck while working as a carman at BNSF Railway Company’s yard in Kansas City, Kansas. Carter immediately reported the injury to BNSF. The following year, he filed a Federal Empl...

United States v. Furman  
Date: August 14, 2017
Docket Number: 16-3238

Justia Opinion Summary: Rex Lee Furman was convicted by jury on thirteen counts of producing child pornography; two counts of distributing child pornography; one count of receiving child pornography; one count of possession of child pornography...

Hosea v. City of St. Paul  
Date: August 14, 2017
Docket Number: 16-3613

Justia Opinion Summary: Plaintiff-appellant David Hosea sued two City of Saint Paul police officers following what he contended was an unlawful arrest and use of excessive force. Officers responded to a 911 hang-up call, and arrested appellant...

Travelers Property Casualty v. Klick  
Date: August 14, 2017
Docket Number: 16-4000

Justia Opinion Summary: Defendant-appellant Christopher Klick was seriously injured after suffering carbon monoxide poisoning while aboard a friend’s fishing boat. An exhaust pipe had broken off at the spot where it connected with the engine. A...

Raymond Atimbaneme v. Jefferson B. Sessions, III
Date: August 14, 2017
Docket Number: 16-4169
Tom Clowers v. Kelly Crandduck
Date: August 14, 2017
Docket Number: 16-4367
Jassmine D. Adams v. Toyota Motor Corporation
Date: August 11, 2017
Docket Number: 15-2507
Jassmine D. Adams v. Toyota Motor Corporation
Date: August 11, 2017
Docket Number: 15-2511
Jassmine D. Adams v. Toyota Motor Corporation
Date: August 11, 2017
Docket Number: 15-2516
Jassmine D. Adams v. Toyota Motor Corporation
Date: August 11, 2017
Docket Number: 15-2635
Jassmine D. Adams v. Toyota Motor Corporation
Date: August 11, 2017
Docket Number: 15-2636
Jassmine D. Adams v. Toyota Motor Corporation
Date: August 11, 2017
Docket Number: 15-2637
Jassmine D. Adams v. Toyota Motor Corporation
Date: August 11, 2017
Docket Number: 15-2638
Phelps-Roper v. Ricketts  
Date: August 11, 2017
Docket Number: 16-1902

Justia Opinion Summary: Nebraska's Funeral Picketing Law (NFPL), which prohibits picketing within 500 feet of a cemetery, mortuary, or church from one hour prior through two hours following the commencement of a funeral, Neb. Rev. Stat. 28-1320...

City of Benkelman, NE v. Baseline Engineering Corp.  
Date: August 11, 2017
Docket Number: 16-1949

Justia Opinion Summary: The City filed suit against Baseline, alleging contract, negligence and professional malpractice, fraud, and negligent misrepresentation. The City's claims stemmed from a contract with Baseline, in which Baseline would a...

McShane Construction Co. v. Gotham Insurance Co.  
Date: August 11, 2017
Docket Number: 16-2632

Justia Opinion Summary: McShane filed suit against Gotham for failing to pay its insurance claim related to the alleged improper installation of a fire protection and suppression system by one of McShane's subcontractors, Mallory. The Eighth Ci...

United States v. Bartolo Zavala-Reyes
Date: August 11, 2017
Docket Number: 16-3301
United States v. Spotted Horse  
Date: August 11, 2017
Docket Number: 16-3510

Justia Opinion Summary: The Eighth Circuit reversed defendant's 24 month sentence that was imposed after she revoked her supervised release for the second time. The court held that the sentence exceeded the district court's statutory authority...

United States v. Daniel Drews
Date: August 11, 2017
Docket Number: 16-4199
United States v. Andres Sanchez
Date: August 11, 2017
Docket Number: 16-4552
United States v. Carvell England
Date: August 11, 2017
Docket Number: 16-4553
United States v. Tara Childress
Date: August 11, 2017
Docket Number: 17-1307
Foster v. BNSF Railway Co.  
Date: August 10, 2017
Docket Number: 16-1648

Justia Opinion Summary: Plaintiffs filed suit against BNSF, alleging retaliation claims under the Federal Railroad Safety Act, 49 U.S.C. 20109(a)(1)(C). The Eighth Circuit affirmed the district court's dismissal of certain claims for failure to...

Jackson v. Gutzmer  
Date: August 10, 2017
Docket Number: 16-2184

Justia Opinion Summary: Plaintiff filed suit against correctional officers and medical staff under 42 U.S.C. 1983, after he spent three and a half hours on a restraint board. The district court dismissed all claims except an Eighth Amendment ex...

United States v. Ladue  
Date: August 10, 2017
Docket Number: 16-2299

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to withdraw his guilty plea to two counts of aggravated sexual abuse. The court held that the district court did not violate Federal Rule of C...

United States v. Jackson  
Date: August 10, 2017
Docket Number: 16-3807

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained during a search of his cell phone. The court held that defendant had no legitimate expectation of privacy in the...

Nancy Keselyak v. The Curators of the U. of MO.
Date: August 10, 2017
Docket Number: 16-4131
Patricia Hyde v. CIR
Date: August 10, 2017
Docket Number: 16-4183
United States v. Timothy O'Laughlin
Date: August 10, 2017
Docket Number: 16-4244
Tyrone Ellis v. Patrick Drummond
Date: August 10, 2017
Docket Number: 16-4565
John Gray v. Welch Motor Company, Inc.
Date: August 10, 2017
Docket Number: 17-1009
United States v. Joaquin Foy
Date: August 10, 2017
Docket Number: 17-1088
John Gray v. Welch Motor Company, Inc.
Date: August 10, 2017
Docket Number: 17-1227
ArbertDella Lamb v. Nancy Hampton
Date: August 10, 2017
Docket Number: 17-1467
United States v. William O'Dell
Date: August 10, 2017
Docket Number: 17-1675
Lopez Silva v. United States  
Date: August 9, 2017
Docket Number: 16-1870

Justia Opinion Summary: Plaintiff filed suit against the government under the Federal Tort Claims Act and the Constitution, seeking compensation for harms arising from his alleged wrongful removal to Mexico. The Eighth Circuit affirmed the dist...

United States v. Novak  
Date: August 9, 2017
Docket Number: 16-1911

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for interstate transportation of child pornography and possession of child pornography. The court held that the district court did not commit plain error wh...

Bank of America v. JB Hanna, LLC  
Date: August 9, 2017
Docket Number: 16-2088

Justia Opinion Summary: Bank of America filed suit against the Hanna Parties for breach of contract after they failed to pay a loan. The jury found that the Hanna Parties did not breach the contract and the district court entered judgment for t...

Hector Miranda Ortiz v. Jefferson B. Sessions, III
Date: August 9, 2017
Docket Number: 16-2352
United States v. Lisenbery  
Date: August 9, 2017
Docket Number: 16-3084

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 180 month sentence after he pleaded guilty to conspiracy to distribute methamphetamine. The court held that the district court did not abuse its discretion by discussing two paragr...

Riddle v. Riepe  
Date: August 9, 2017
Docket Number: 16-3131

Justia Opinion Summary: After plaintiff was arrested and charged with hindering, obstructing, resisting, or otherwise interfering with Kansas City police officers in violation of Kansas City Ordinance 50-44(a), he filed suit against the arresti...

United States v. Springer  
Date: August 9, 2017
Docket Numbers: 16-3498, 16-3695

Justia Opinion Summary: The Eighth Circuit affirmed Defendants Springer and Makohoniuk's convictions for bank fraud. The court held that there was sufficient evidence to demonstrate that defendants intended to cause a financial loss and that th...

Cedrick Simpson v. City of Little Rock
Date: August 9, 2017
Docket Number: 16-3521
United States v. Jason Springer
Date: August 9, 2017
Docket Number: 16-3695
United States v. Shumaker  
Date: August 9, 2017
Docket Number: 16-3739

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for possession with intent to distribute methamphetamine. The court held that the district court did not err in denying defendant's motion for a judgment of...

Hector Miranda Ortiz v. Jefferson B. Sessions, III
Date: August 9, 2017
Docket Number: 16-3779
United States v. Angel Alberto Flores
Date: August 9, 2017
Docket Number: 16-3961
Arsenia Xirum-Tomas v. Jefferson B. Sessions, III
Date: August 9, 2017
Docket Number: 16-4446
Sears v. Sears  
Date: August 9, 2017
Docket Number: 16-6014

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting defendants' motion to dismiss plaintiffs' complaint. The panel held that the bankruptcy court was correct in concluding it had "arising in" ju...

Cooper Tire & Rubber Co. v. NLRB  
Date: August 8, 2017
Docket Numbers: 16-2721, 16-2944

Justia Opinion Summary: An arbitrator upheld Cooper Tire's discharge of an employee for his conduct on the picket line. The ALJ reversed, holding that Cooper's firing violated the National Labor Relations Act, 29 U.S.C. 151 et seq., and the Boa...

Cooper Tire & Rubber Company v. NLRB
Date: August 8, 2017
Docket Number: 16-2944
United States v. Meadows  
Date: August 8, 2017
Docket Number: 16-3241

Justia Opinion Summary: The Eighth Circuit affirmed the district court's imposition of a 300 month sentence on remand where defendant was convicted of stealing more than $10 million dollars from at least 69 victims as part of a Ponzi scheme. Th...

United States v. Wright  
Date: August 8, 2017
Docket Number: 16-3292

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of one count of conspiracy to distribute heroin, cocaine base, and fentanyl, and two counts of distributing fentanyl. The court held that the district court did not abus...

Iromuanya v. Frakes  
Date: August 7, 2017
Docket Number: 16-1935

Justia Opinion Summary: The Eighth Circuit affirmed the denial of habeas relief pursuant to 28 U.S.C. 2254 to petitioner. Petitioner raised an ineffective assistance of counsel claim for counsel's deficient performance during plea negotiations...

United States v. Weaver  
Date: August 7, 2017
Docket Number: 16-2859

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 96 months in prison after he pleaded guilty to conspiracy to commit bank fraud. The court held that the district court did not err by applying a "means of identificatio...

United States v. Travonte Hughes
Date: August 7, 2017
Docket Number: 16-3090
United States v. Cristina Dawn Griego
Date: August 7, 2017
Docket Number: 16-3587
Paris Limousine of OK, LLC v. Executive Coach Builders, Inc.  
Date: August 7, 2017
Docket Number: 16-3636

Justia Opinion Summary: Paris Limousine filed suit against Executive Coach, alleging that limousines it purchased from Executive Coach were in breach of warranty. The Eighth Circuit reversed the district court's dismissal of the complaint, hold...

Calzone v. Hawley  
Date: August 7, 2017
Docket Number: 16-3650

Justia Opinion Summary: Plaintiff filed suit against three state officials to challenge provisions of Missouri law that authorize roving stops of certain vehicles for inspection without suspicion. The Eighth Circuit held that plaintiff had stan...

United States v. Alexander McArdle
Date: August 7, 2017
Docket Number: 16-3795
Juana Gutierrez-Garcia v. Jefferson B. Sessions, III
Date: August 7, 2017
Docket Number: 16-3919
United States v. Richard Beason
Date: August 7, 2017
Docket Number: 16-4369
Wealot v. Brooks  
Date: August 4, 2017
Docket Number: 16-1192

Justia Opinion Summary: After her son was shot approximately 10 times and killed by the police, plaintiff filed suit against defendants, alleging excessive force and wrongful death under state law. The Eighth Circuit reversed the dismissal of t...

United States v. Hellems  
Date: August 4, 2017
Docket Number: 16-2157

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court held that the district court did not abuse its discretion in allowing the name and nature of defendant's prior fe...

United States v. McHatten  
Date: August 4, 2017
Docket Number: 16-3191

Justia Opinion Summary: Defendant appealed the district court's recommendation that her federal sentence run consecutively to a yet-to-be-imposed sentence in Iowa state court. Because defendant's state court case was dismissed during the penden...

United States v. Terrence Hawkins
Date: August 4, 2017
Docket Number: 17-1232
Loos v. BNSF Railway Co.  
Date: August 3, 2017
Docket Numbers: 15-3355, 16-1123

Justia Opinion Summary: Plaintiff filed suit against BNSF, alleging a retaliation claim under the Federal Railroad Safety Act (FRSA) and a negligence claim under the Federal Employers Liability Act (FELA). The Eighth Circuit affirmed the distri...

Michael D. Loos v. BNSF Railway Company
Date: August 3, 2017
Docket Number: 16-1123
Dakotas and Western Minnesota Electrical Industry Health & Welfare Fund v. First Agency, Inc.  
Date: August 3, 2017
Docket Numbers: 16-1846, 16-3319, 16-3375

Justia Opinion Summary: Jacob Plassmeyer incurred medical expenses during a collegiate baseball practice, and his college provided its student athletes insurance with FA. Jacob's father was also insured by the Dakotas, an employee welfare benef...

Dakotas and Western Minnesota v. First Agency, Inc.
Date: August 3, 2017
Docket Number: 16-3319
Dakotas and Western Minnesota v. First Agency, Inc.
Date: August 3, 2017
Docket Number: 16-3375
United States v. Kevin Brown
Date: August 3, 2017
Docket Number: 16-3515
Maria Lastor-Toj v. Loretta E. Lynch
Date: August 3, 2017
Docket Number: 16-3681
Ag Spectrum Co. v. Elder  
Date: August 2, 2017
Docket Number: 16-3113

Justia Opinion Summary: The Eighth Circuit affirmed the district court's holding that an independent-contractor agreement's noncompete provision was unreasonable and therefore unenforceable. Without controlling precedent from the Iowa Supreme C...

Gresham v. Swanson  
Date: August 2, 2017
Docket Number: 16-3219

Justia Opinion Summary: Plaintiff filed suit seeking a preliminary injunction against enforcement of Minn. Stat. 325E.27(a), which restricts the use of robocalls. The court affirmed the district court's denial of the motion, holding that plaint...

Enerplus Resources (USA) Corp. v. Wilkinson  
Date: August 2, 2017
Docket Number: 16-3715

Justia Opinion Summary: After Enerplus mistakenly overpaid mineral royalties to defendant and demanded repayment, defendant filed suit in tribal court. Enerplus then filed suit in federal court, seeking the return of the excess funds and a decl...

United States v. Gauld  
Date: August 1, 2017
Docket Number: 15-1690

Justia Opinion Summary: The Eighth Circuit granted en banc review and held that a state juvenile delinquency adjudication is a "prior conviction" under 18 U.S.C. 2252(b)(1). The en banc court held that, because federal law distinguishes between...

Rainer v. Kelley  
Date: August 1, 2017
Docket Number: 16-1773

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of habeas relief for petitioner, who was convicted of second degree murder following a jury trial in state court and sentenced as a habitual offender to 80 years in...

United States v. Brittney Lehr
Date: August 1, 2017
Docket Number: 16-3107
Day v. United States  
Date: August 1, 2017
Docket Number: 16-3118

Justia Opinion Summary: The family of the deceased and administrator of his estate filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), after a radiologist with the VA failed to identify a cancero...

Union Pacific Railroad Co. v. United States  
Date: August 1, 2017
Docket Number: 16-3574

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment to the government in a suit by Union Pacific to recover a refund of about $75 million in taxes that it paid the federal government from 1991 to 2...

K.T. v. Culver-Stockton College  
Date: August 1, 2017
Docket Number: 16-3617

Justia Opinion Summary: The Eighth Circuit affirmed the dismissal of plaintiff's complaint alleging a Title IX student-on-student harassment claim against Culver-Stockton College after she was allegedly sexually assaulted by a Culver-Stockton s...

United States ex rel Fields v. Bi-State Development Agency  
Date: August 1, 2017
Docket Number: 16-3783

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of summary judgment to Bi-State in a False Claims Act (FCA), action brought by a private actor. Bi-State is an interstate compact entity that owns and operates publ...

United States v. Almeida-Olivas  
Date: August 1, 2017
Docket Number: 16-3790

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to distribute 500 grams or more of a mixture containing methamphetamine, and use of a communication device to facilitate the distribution of methamphetami...

United States v. Francisco Hernandez
Date: August 1, 2017
Docket Number: 16-3846
United States v. Dontavious Cunningham
Date: August 1, 2017
Docket Number: 16-3868
Charles Black v. James Linker
Date: August 1, 2017
Docket Number: 16-3894
White v. Jackson  
Date: August 1, 2017
Docket Number: 16-3897

Justia Opinion Summary: Large crowds gathered in Ferguson, Missouri after Michael Brown, Jr. was killed by a police officer. Six sets of plaintiffs filed suit alleging multiple claims related to the police response to the largely peaceful demon...

Letsie Bass v. Laurence Alexander
Date: August 1, 2017
Docket Number: 16-4261
United States v. Blaine Kills Back
Date: August 1, 2017
Docket Number: 16-4352
DeCrow v. North Dakota Workforce Safety & Insurance Fund  
Date: July 31, 2017
Docket Number: 15-3672

Justia Opinion Summary: North Dakota may enforce the suspend-and-reimburse provisions of N.D.C.C. 65-05-05(2). The Eighth Circuit held that the reimbursement provision readily passed rational basis scrutiny and was not subject to equal protecti...

Azam v. City of Columbia Heights  
Date: July 31, 2017
Docket Number: 16-1588

Justia Opinion Summary: After the City revoked his rental licenses, plaintiff filed suit alleging that the City violated 42 U.S.C. 1983 by subjecting plaintiff to the deprivation of his rights, privileges, or immunities under the Fourth and Fou...

Ameren Corp. v. FCC  
Date: July 31, 2017
Docket Number: 16-1683

Justia Opinion Summary: Petitioners sought review of the FCC's order governing the rates that utility companies may charge telecommunications providers for attaching their networks to utility-owned poles. The Eighth Circuit denied the petition,...

A.W. v. Wood  
Date: July 31, 2017
Docket Number: 16-1898

Justia Opinion Summary: The Eighth Circuit held that Nebraska's Sex Offender Registration Act (SORA), Neb. Rev. Stat. 29-4003(1)(a)(iv), did not apply to A.W., as a juvenile delinquent that engaged in conduct constituting first-degree criminal...

United States v. Delacruz  
Date: July 31, 2017
Docket Number: 16-2066

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to possess with intent to distribute and distribute over 500 grams of methamphetamine (Count One), and use of a firearm during a drug trafficking crime (C...

Kegeh v. Sessions  
Date: July 31, 2017
Docket Number: 16-2554

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that the IJ's credib...

Smith v. SEECO, Inc.  
Date: July 31, 2017
Docket Number: 16-2798

Justia Opinion Summary: Jeannie Vanette Hill Thomas appealed the district court's denial of her motion to intervene in Connie Jean Smith's class action against appellees, based on her interest in adequacy of representation by the class represen...

United States v. Silva  
Date: July 31, 2017
Docket Number: 16-3297

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 57 months after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that there was no procedural error, finding that the district...

United States v. Ashburn  
Date: July 31, 2017
Docket Number: 16-3390

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 172 month sentence after he pleaded guilty to conspiring to distribute methamphetamine. The court held that the district court erred by expressing the belief that the defendant had...

Jeffrey Hill v. Ray Wallace
Date: July 31, 2017
Docket Number: 16-4434
Thedral Hardridge v. Joe Piccinini
Date: July 31, 2017
Docket Number: 17-1331
Housing and Redevelopment Authority of Redwood Falls v. Housing Authority Property Insurance  
Date: July 28, 2017
Docket Number: 15-3499

Justia Opinion Summary: HRA appealed the district court's order declining to grant pre-award interest on an insurance appraisal award. The Eighth Circuit reversed and remanded, holding that the Minnesota Supreme Court subsequently ruled that Mi...

Lancaster v. Board of Police Commissioners  
Date: July 28, 2017
Docket Number: 15-3769

Justia Opinion Summary: Plaintiff, Kenny Gurley's mother, filed suit alleging numerous federal and state law causes of action after Gurley was involved in a physical altercation with two officers and died. On appeal, the officers and the Board...

Gann v. Berryhill  
Date: July 28, 2017
Docket Number: 16-2168

Justia Opinion Summary: The Eighth Circuit reversed the denial of disability insurance benefits (DIB) and supplemental security income (SSI), holding that substantial evidence was insufficient to support the ALJ's denial of benefits. In this ca...

Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley  
Date: July 28, 2017
Docket Number: 16-2234

Justia Opinion Summary: The State appealed the district court's grant of a preliminary injunction preventing the enforcement of an Arkansas statute requiring medication-abortion providers to contract with a physician who has hospital admitting...

United States v. Harding  
Date: July 28, 2017
Docket Number: 16-2646

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of unlawful possession of a firearm as a previously convicted felon and possession of a stolen firearm. The court held that the district court did not clearly err by det...

United States v. Evenson  
Date: July 28, 2017
Docket Numbers: 16-2890, 16-3268

Justia Opinion Summary: The Eighth Circuit affirmed defendants' sentences for overlapping drug-distribution conspiracies. The court held that Defendant Evenson waived his objections to the career offender enhancement because he withdrew an obje...

Sylvester Barbee v. Cheri Ellis
Date: July 28, 2017
Docket Number: 16-3009
United States v. Joseph Evenson
Date: July 28, 2017
Docket Number: 16-3268
Catamaran Corp. v. Towncrest Pharmacy  
Date: July 28, 2017
Docket Number: 16-3275

Justia Opinion Summary: A court must decide whether an arbitration agreement authorizes class arbitration. The Eighth Circuit held that the question of class arbitration belongs with the courts as a substantive question of arbitrability; questi...

United States v. Brannon Mackins
Date: July 28, 2017
Docket Number: 16-3317
Jose Santos v. Jefferson B. Session
Date: July 28, 2017
Docket Number: 16-3496
Teresa Lorenz v. The Bank of New York Mellon
Date: July 28, 2017
Docket Number: 16-3716
United States v. Luis Cabrales Guerra
Date: July 27, 2017
Docket Number: 16-1465
United States v. Seizys  
Date: July 27, 2017
Docket Number: 16-2805

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order denying defendant's motion to withdraw his plea, holding that defendant's waiver was knowing and voluntary. In this case, at the change-of-plea hearing, defendant co...

E.L. v. Voluntary Interdistrict Choice Corporation  
Date: July 27, 2017
Docket Number: 16-3242

Justia Opinion Summary: Plaintiff filed suit on behalf of her son, alleging that VICC's race-based, school-transfer policy violated the Equal Protection Clause of the Fourteenth Amendment. The Eighth Circuit affirmed the district court's dismis...

Bryon Nevius v. CIR
Date: July 27, 2017
Docket Number: 16-3255
United States v. Lewis  
Date: July 27, 2017
Docket Number: 16-3308

Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and then moved to suppress evidence obtained by a search of a tattoo shop where he worked and the seizure of the handgun. The district court denied the...

Robert Cantrell v. Nancy A. Berryhill
Date: July 27, 2017
Docket Number: 16-4375
United States v. Bryon Welton
Date: July 27, 2017
Docket Number: 16-4513
United States v. James Borden
Date: July 26, 2017
Docket Number: 16-2570
David White v. CitiMortgage, Inc.
Date: July 26, 2017
Docket Number: 16-2599
Odom v. Kaizer  
Date: July 26, 2017
Docket Number: 16-2681

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against a former police officer, alleging that the officer violated plaintiff's constitutional rights by deliberately or recklessly giving partially inaccurate testimony in a pro...

Orlando Perez-Hernandez v. Jefferson B. Sessions
Date: July 26, 2017
Docket Number: 16-2767
Josephine Havlak Photographer, Inc. v. Village of Twin Oaks  
Date: July 26, 2017
Docket Number: 16-3377

Justia Opinion Summary: Plaintiff, a commercial photographer, filed suit against the Village for injunctive and declaratory relief after the Village passed a municipal ordinance prohibiting all commercial activity in its neighborhood park witho...

Eugene Mathison v. United States
Date: July 26, 2017
Docket Number: 16-4285
Eugene Mathison v. United States
Date: July 26, 2017
Docket Number: 16-4286
United States v. Damian Mata
Date: July 26, 2017
Docket Number: 16-4432
Johnson v. City of Ferguson  
Date: July 25, 2017
Docket Number: 16-1697

Justia Opinion Summary: Plaintiff filed suit against defendants for constitutional violations resulting from an encounter between Officer Wilson and Johnson. The Eighth Circuit affirmed the district court's denial of defendants' motion to dismi...

Macomb County Employees Retirement System v. Stratasys Ltd.  
Date: July 25, 2017
Docket Number: 16-3264

Justia Opinion Summary: Stratasys shareholders filed a securities fraud action claiming several company promotional statements were knowingly false. The Eighth Circuit affirmed the district court's determination that these statements were mere...

Castleberry v. USAA  
Date: July 25, 2017
Docket Numbers: 16-3382, 16-3482

Justia Opinion Summary: The Eighth Circuit found no violation of Fed. R. Civ. P. 11 or abuse of the judicial process in this consolidated appeal involving parties in a putative action. The court held that counsel did not violate Rule 41 in stip...

Vester v. Hallock  
Date: July 25, 2017
Docket Number: 16-3389

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment as to plaintiff's excessive force claim against Deputy Sheriff Daniel Hallock. The court held that, based on the circumstances Hallock confronted...

Kenneth Castleberry v. USAA
Date: July 25, 2017
Docket Number: 16-3482
Gretter v. Gretter Autoland, Inc.  
Date: July 25, 2017
Docket Number: 16-3490

Justia Opinion Summary: A case becomes moot when the court can no longer grant any effectual relief to a prevailing party due to a change in circumstances. The Eighth Circuit dismissed as moot James Gretter's appeal of the district court's dism...

United States v. Jennifer Gresham
Date: July 25, 2017
Docket Number: 16-3524
United States v. Mario Murillo-Mora
Date: July 25, 2017
Docket Number: 16-3525
Akins v. Knight  
Date: July 25, 2017
Docket Number: 16-3555

Justia Opinion Summary: Plaintiff filed suit against five police officers, three prosecutors, the city of Columbia, and Boone County, alleging numerous violations of his constitutional rights arising from his encounters with police. The Eighth...

United States v. Mario Murillo-Mora
Date: July 25, 2017
Docket Number: 16-3570
United States v. Zachary Love
Date: July 25, 2017
Docket Number: 16-3581
United States v. Godfrey  
Date: July 25, 2017
Docket Number: 16-3612

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 120 month sentence after he pleaded guilty to one count of being a felon in possession of ammunition. The court held that defendant failed to show that the district court committed...

United States v. Mario Murillo-Mora
Date: July 25, 2017
Docket Number: 16-3663
United States v. Maldonado  
Date: July 25, 2017
Docket Number: 16-3882

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 84 month sentence after he pleaded guilty to possession of a firearm by a prohibited person. The court held that the district court did not commit procedural error by concluding th...

Lydia Martin v. Arkansas Department of Health
Date: July 25, 2017
Docket Number: 16-3918
United States v. Sadler  
Date: July 25, 2017
Docket Number: 16-3946

Justia Opinion Summary: The Eighth Circuit affirmed defendant's above-Guidelines sentence of 102 months in prison for being a felon in possession of a firearm. The court held that the district court was permitted to conclude that the Guidelines...

United States v. Theresa Morales
Date: July 25, 2017
Docket Number: 16-4297
United States v. Jaime Guerrero-Robledo
Date: July 25, 2017
Docket Number: 16-4336
United States v. Byron Gorman
Date: July 25, 2017
Docket Number: 16-4533
United States v. Allen Gailliot
Date: July 25, 2017
Docket Number: 16-4572
McGuire v. Independent School District No. 833  
Date: July 24, 2017
Docket Number: 15-3885

Justia Opinion Summary: Plaintiff filed suit against the school district, alleging that the district and others violated his due process rights by declining to renew his coaching contract solely on the basis of parental complaints. The Eighth C...

Joaquin Cervantes v. United States
Date: July 24, 2017
Docket Number: 16-1554
American Chemicals & Equipment Inc. 401(K) Retirement Plan v. Principal Management Corp.  
Date: July 24, 2017
Docket Numbers: 16-1576, 16-1580, 16-1712

Justia Opinion Summary: ACE filed suit against LifeTime Funds' investment adviser, PMC, for breach of its section 36(b) fiduciary duty to the LifeTime Funds under the Investment Company Act (ICA) of 1940, 15 U.S.C. 80a-35(b). ACE based its exce...

American Chemicals & Equipment v. Principal Management Corp.
Date: July 24, 2017
Docket Number: 16-1580
American Chemicals & Equipment v. Principal Management Corp.
Date: July 24, 2017
Docket Number: 16-1712
Dennis Lagares, Jr. v. Aaron Koeppen
Date: July 24, 2017
Docket Number: 16-2153
Gregory Lewis v. United States
Date: July 24, 2017
Docket Number: 16-2196
Donaldson v. National Union Fire Insurance Co.  
Date: July 24, 2017
Docket Number: 16-2229

Justia Opinion Summary: The Eighth Circuit affirmed the district court's decision upholding National Union's denial of benefits. The court held that National Union did not abuse its discretion in denying plaintiff's claims for accidental death...

United States v. McMillan  
Date: July 24, 2017
Docket Number: 16-2436

Justia Opinion Summary: The Eighth Circuit vacated defendant's 84 month sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior conviction for third degree riot does not qualify as a c...

Bunch v. University of AR Board of Trustees  
Date: July 24, 2017
Docket Number: 16-2538

Justia Opinion Summary: Plaintiff filed suit against her former employer, alleging claims of discrimination and retaliation leading to wrongful termination. The Eighth Circuit rejected plaintiff's claim that the district court failed to conside...

United States v. Kelly James Rayson
Date: July 24, 2017
Docket Number: 16-3094
United States v. Michael Knight
Date: July 24, 2017
Docket Number: 16-3670