2017 Eighth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1196
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: November 16, 2017
Docket Number: 17-1293
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…
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…
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…
Date: November 14, 2017
Docket Number: 17-1053
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: September 29, 2017
Docket Number: 17-1061
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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"…
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…
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.…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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;…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: July 24, 2017
Docket Number: 16-1580
Date: July 24, 2017
Docket Number: 16-1712
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…
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…
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…
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