2017 Eighth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1196
Date: July 24, 2017
Docket Numbers: 16-3976, 16-3982
Justia Opinion Summary: None of the exceptions to Fed. R. Crim. P. 41 expressly allow a magistrate judge in one jurisdiction to authorize the search of a computer in a different jurisdiction. The Eighth Circuit reversed the district court's…
Date: July 21, 2017
Docket Number: 16-2985
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of seven counts of interfering with commerce by means of Hobbs Act robbery, three counts of brandishing a firearm during a crime of violence, and one count of being a…
Date: July 21, 2017
Docket Number: 16-3092
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 120 month sentence after he pleaded guilty to bank robbery. The court held that any potential error in applying a carjacking enhancement was harmless because the district court…
Date: July 21, 2017
Docket Number: 16-3294
Justia Opinion Summary: The Eighth Circuit affirmed the denial of defendant's motion to suppress and pro se motion to dismiss the indictment after defendant pleaded guilty to transporting, receiving, and possessing child pornography. The court…
Date: July 20, 2017
Docket Number: 16-2756
Justia Opinion Summary: Plaintiff, a former jail administrator, filed suit under 42 U.S.C. 1983 and the Peace Officer Discipline Procedures Act (PODPA), alleging claims related to his termination. The Eighth Circuit affirmed the district…
Date: July 20, 2017
Docket Number: 16-3391
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 140 month sentence after he pleaded guilty to two counts related to methamphetamine distribution. The court held that the district court did not clearly err in finding defendant…
Date: July 20, 2017
Docket Number: 16-3539
Justia Opinion Summary: PPKM sought and obtained a permanent injunction against DHSS after DHSS attempted to revoke PPKM's license to provide abortion services. PPKM's license expired before the district court granted its motion for attorney's…
Date: July 20, 2017
Docket Number: 16-4140
Justia Opinion Summary: The Eighth Circuit reversed defendant's 41 month sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior conviction for second-degree assault under Missouri…
Date: July 19, 2017
Docket Number: 16-2258
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 293 month sentence after he pleaded guilty to several federal criminal charges, including conspiracy to distribute methamphetamine. The court held that the government did not…
Date: July 19, 2017
Docket Number: 16-2918
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and 78 month sentence for theft of a firearm from a federally licensed firearms dealer. This circuit has held that proof of the act of stealing does not require proof of…
Date: July 18, 2017
Docket Number: 15-3352
Justia Opinion Summary: The Eighth Circuit affirmed the grant of summary judgment in favor of several creditors in this Chapter 11 debtor-in-possession case. The court held that the judgment allowed proofs of claim totaling over $5.2 million…
Date: July 18, 2017
Docket Number: 15-3417
Justia Opinion Summary: The Eighth Circuit affirmed an order denying a discharge on the grounds that debtor concealed his property in interest in a fishing boat and trailer, and made a false oath about the boat. The court rejected debtor's…
Date: July 14, 2017
Docket Numbers: 15-2103, 15-2396
Justia Opinion Summary: Plaintiffs Lenny and Tracy Chapman filed suit against Hiland after an explosion seriously injured Lenny, alleging negligence and loss of consortium. Hiland then filed a third-party complaint against Missouri Basin and…
Date: July 14, 2017
Docket Number: 16-1918
Justia Opinion Summary: Minn. Stat. 125A.06(d), by its plain language, does not impose a heightened standard that burdens school districts with an absolute obligation to guarantee that each blind student will use the Braille instruction…
Date: July 13, 2017
Docket Number: 16-1137
Justia Opinion Summary: Stine Seed filed suit against A&W and its principles, alleging contract claims related to A&W's failure to pay for corn and soybeen seed. The district court found in favor of Stine Seed on its implied-in-fact contract…
Date: July 12, 2017
Docket Number: 15-3140
Justia Opinion Summary: The Eighth Circuit affirmed defendant's convictions for tax evasion, mail fraud, and wire fraud for conduct relating to the operation of three companies that he owned. The court held that the district court did not abuse…
Date: July 12, 2017
Docket Numbers: 16-3307, 16-3504, 16-3512, 16-3513, 16-3514
Justia Opinion Summary: The Eighth Circuit granted consolidated petitions for review of the Board's Final Rule, holding that the Board exceeded its authority by promulgating a rule defining "on-time performance" under the Passenger Rail…
Date: July 12, 2017
Docket Number: 16-4184
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence found in plain view during a warrantless search of his home. The court held that the officers were justified in…
Date: July 11, 2017
Docket Number: 15-2027
Justia Opinion Summary: The Eighth Circuit granting rehearing en banc and vacated the panel opinion. The court reversed the unregistered firearm conviction and remanded for further proceedings. The court held that the holding in United States…
Date: July 11, 2017
Docket Numbers: 15-3755, 15-3845
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of the insurers' motion to dismiss, reversed and vacated the award of prejudgment interest, and affirmed the rejection of Simmons' claims for statutory damages and…
Date: July 11, 2017
Docket Number: 15-3983
Justia Opinion Summary: The Eighth Circuit affirmed the district court's decision affirming the bankruptcy court's sustaining of debtors' objection to the proof of claim. The court held that 8 U.S.C. 502 does not preempt Arizona Revised Statute…
Date: July 10, 2017
Docket Number: 16-1037
Justia Opinion Summary: Petitioner, a native of Ethiopia and a former government official, petitioned for review of the BIA's denial of his application of asylum, withholding of removal, and protection under the Convention Against Torture…
Date: July 10, 2017
Docket Number: 16-3160
Justia Opinion Summary: The Eighth Circuit held that Hobbs Act Robbery qualifies as a crime of violence under 18 U.S.C. 924(c)(3)(A), because it has as an element the use, attempted use, or threatened use of physical force against the person of…
Date: July 10, 2017
Docket Number: 16-3248
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and 70 month sentence for convictions related to his involvement in a conspiracy to file false income tax returns. The court held that the evidence permitted a…
Date: July 6, 2017
Docket Number: 15-3962
Justia Opinion Summary: Plaintiff, an African American farmer, filed suit against the USDA and others, alleging racial discrimination, retaliation, and conspiracy regarding his loan applications, servicing requests, and the application of…
Date: July 6, 2017
Docket Number: 16-1515
Justia Opinion Summary: The Eighth Circuit affirmed the denial of habeas relief, holding that petitioner's criminal conspiracy conviction did not violate his constitutional right to due process because the evidence was sufficient to support the…
Date: July 6, 2017
Docket Number: 16-3545
Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of defendant's supervision and 24 month sentence. In this case, the district court did not clearly err in its factual determination that defendant committed an…
Date: July 5, 2017
Docket Number: 15-3265
Justia Opinion Summary: Plaintiffs Combs and Williams, on behalf of themselves individually and others similarly situated, filed a race discrimination suit against several entities with the District. Plaintiffs alleged that defendants engaged…
Date: July 5, 2017
Docket Number: 16-3076
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of qualified immunity and dismissal of the City's appeal for lack of jurisdiction in an action alleging violation of plaintiff's civil rights after she was arrested…
Date: July 5, 2017
Docket Numbers: 16-3159, 16-3164, 16-3167, 16-3169
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order approving a class action settlement and awarding attorneys' fees. Plaintiffs filed suit against Blue Buffalo, alleging that the pet food company broke its "True Blue…
Date: July 5, 2017
Docket Number: 16-3429
Justia Opinion Summary: The Eighth Circuit affirmed MetLife's denial of long term disability (LTD) benefits to plaintiff under a group insurance plan sponsored by her former employer pursuant to the Employee Retirement Income Security Act…
Date: July 3, 2017
Docket Numbers: 14-3099, 14-3211
Justia Opinion Summary: The Eighth Circuit held that MikLin did not violate the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1) and (3), because the means used by the disciplined employees here were so disloyal as to exceed their right…
Date: July 3, 2017
Docket Number: 16-1795
Justia Opinion Summary: The Eighth Circuit affirmed the bribery conviction and ten-year prison sentence the district court ordered for a former state-court judge who admitted to trading a remittitur in a case for a campaign contribution and…
Date: July 3, 2017
Docket Numbers: 16-2125, 16-2249
Justia Opinion Summary: After Zetor filed suit against Ridgeway for trademark infringement, Ridgeway sought to enforce an arbitration clause in a prior settlement agreement between the parties. The Eighth Circuit affirmed the district court's…
Date: July 3, 2017
Docket Number: 16-3101
Justia Opinion Summary: The Eighth Circuit reversed defendant's sentence of 150 months in prison after he pleaded guilty to bank robbery. The court held that the district court incorrectly applied the two-level enhancement under USSG 3B1.4, for…
Date: July 3, 2017
Docket Number: 16-3516
Justia Opinion Summary: Alex Lindholm's parents filed suit against BMW after Alex died when a jack supplied by his car's manufacturer fell and killed him. Alex and his father used the jack to raise the car off the ground so that they could make…
Date: June 30, 2017
Docket Number: 15-3680
Justia Opinion Summary: Plaintiff filed suit against Nebraska and others, alleging negligence, unlawful taking of property for public use under Nebraska law, and a deprivation of federal rights under 42 U.S.C. 1983, after his true name and…
Date: June 30, 2017
Docket Number: 16-2210
Justia Opinion Summary: The Eighth Circuit held that defendant's motion for the return of seized property was barred by the statute of limitations. Furthermore, defendant was not entitled to equitable tolling where the claim was inadequate on…
Date: June 30, 2017
Docket Number: 16-2696
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for child pornography offenses. The court held that sufficient evidence supported the jury's verdict of guilt beyond a reasonable doubt; the district court did not err,…
Date: June 29, 2017
Docket Number: 16-1405
Justia Opinion Summary: The SEC filed suit against Crawford for acting as unregistered brokers in violation of section 15(a) of the Securities Exchange Act of 1934, 15 U.S.C. 78o(a). The district court granted the SEC summary judgment,…
Date: June 29, 2017
Docket Number: 16-1601
Justia Opinion Summary: Minnesota state law grants a child attending a nonpublic school the right to a free appropriate education (FAPE), as well as the right to dispute the provisions of special education services in an impartial due process…
Date: June 29, 2017
Docket Number: 16-2012
Justia Opinion Summary: Plaintiff filed suit alleging that the union had violated the Missouri Human Rights Act (MHRA) by failing to accommodate his disability, by discriminating against him based on his disability, and by retaliating against…
Date: June 29, 2017
Docket Number: 16-3483
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and 30 year sentence for physically assaulting and raping his estranged wife. The court held that the district court did not abuse its discretion by admitting a social…
Date: June 29, 2017
Docket Number: 16-4103
Justia Opinion Summary: The Eighth Circuit affirmed the denial of plaintiff's disability insurance benefits and supplemental security income. The court held that the ALJ clearly considered the Polaski factors in accessing plaintiff's subjective…
Date: June 28, 2017
Docket Number: 15-3508
Justia Opinion Summary: The Eighth Circuit reversed the district court's adverse grant of summary judgment on plaintiff's employment claim alleging retaliatory termination. The court held that a reasonable jury could conclude that her protected…
Date: June 28, 2017
Docket Number: 16-1913
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's request for asylum. The court held that the BIA did not engage in impermissible fact-finding; substantial…
Date: June 27, 2017
Docket Number: 15-2271
Justia Opinion Summary: Plaintiff, a former detainee at a detention center, filed suit against a former correctional officer, alleging that the officer violated plaintiff's constitutional rights by failing to protect him from a violent attack…
Date: June 27, 2017
Docket Number: 16-1591
Justia Opinion Summary: The Eighth Circuit affirmed the denial of plaintiff's application for supplemental security income. The court held that a reasonable mind could find that the record supports the ALJ's determination that plaintiff did not…
Date: June 27, 2017
Docket Number: 16-2019
Justia Opinion Summary: Plaintiffs filed suit challenging the City's heightened enforcement of housing and rental standards, arguing that there was a disparate impact on the availability of housing for individuals protected under the Fair…
Date: June 27, 2017
Docket Numbers: 16-3071, 16-3075
Justia Opinion Summary: Plaintiffs filed suits against Hiland Dairy, alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and Nebraska law. The Eighth Circuit held that, because…
Date: June 27, 2017
Docket Number: 16-3246
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order compelling arbitration and dismissing plaintiff's case without prejudice where he alleged violations of minimum wage laws, as well as fraud. In this case, plaintiff…
Date: June 27, 2017
Docket Number: 16-3410
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute methamphetamine. The court held that the Allen charge was not impermissibly coercive, and the district court did not abuse its…
Date: June 26, 2017
Docket Number: 15-3322
Justia Opinion Summary: Plaintiff filed suit against APS, seeking unpaid overtime wages owed under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and the Arkansas Minimum Wage Act (AMWA), Ark. Code Ann. 11-4-201 et seq. The Eighth…
Date: June 26, 2017
Docket Number: 16-2021
Justia Opinion Summary: Plaintiff filed suit against Inter-State, seeking damages from injuries that he sustained when an Inter-State vehicle hit his pickup truck and trailer in Missouri. A jury awarded plaintiff $4.5 damages. The Eighth…
Date: June 26, 2017
Docket Number: 16-3277
Justia Opinion Summary: Petitioner claimed a charitable deduction of $16.4 million for donating an easement, but the Commissioner disallowed the deduction. The Eighth Circuit affirmed the tax court's ruling in favor of the Commissioner because…
Date: June 26, 2017
Docket Number: 16-3421
Justia Opinion Summary: Petitioner, a native and citizen of Nigeria, sought review of the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The Eighth Circuit agreed with the IJ…
Date: June 23, 2017
Docket Number: 15-2789
Justia Opinion Summary: Plaintiffs filed suit against Ferrellgas and AmeriGas under Section 1 of the Sherman Act, 15 U.S.C. 1, alleging that defendants artificially inflated prices for propane gas tanks and had conspiratorial communications…
Date: June 23, 2017
Docket Number: 16-1417
Justia Opinion Summary: The Eighth Circuit held that the Telecommunications Act of 1996 preempted the Iowa Utilities Board's authority to compel Sprint to pay intrastate access charges to Windstream. Accordingly, the court affirmed the district…
Date: June 23, 2017
Docket Number: 16-3649
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 gang-related evidence to establish why…
Date: June 23, 2017
Docket Number: 16-4229
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 12 month and 1 day sentence and his special condition of release requiring him to attend a treatment program for anger control/domestic violence based on a ten-year old conviction…
Date: June 22, 2017
Docket Numbers: 16-1022, 16-1024
Justia Opinion Summary: The Eighth Circuit affirmed the district court's application of a tort-reform act, the Nebraska Hospital Medical Liability Act, to reduce the verdict by 90% in a case where a jury awarded $17 million to a child born with…
Date: June 22, 2017
Docket Numbers: 16-1410, 16-1771
Justia Opinion Summary: Plaintiffs filed suit against department of correction officers under 42 U.S.C. 1983 after their son died while in custody. In this appeal, defendants challenged a jury verdict in favor of plaintiffs. The Eighth Circuit…
Date: June 21, 2017
Docket Number: 16-1256
Justia Opinion Summary: Petitioner, a native and citizen of Mexico, challenged the BIA's decision affirming the IJ's finding that he was not eligible for cancellation of removal or voluntary departure because he had a prior criminal conviction…
Date: June 21, 2017
Docket Number: 16-1914
Justia Opinion Summary: After the Eighth Circuit affirmed defendant's conviction and sentence for abusive sexual contact, the district court sua sponte scheduled a restitution hearing and subsequently ordered defendant to pay $14,967.47 in…
Date: June 21, 2017
Docket Number: 16-2818
Justia Opinion Summary: Plaintiff filed suit against his former employer, NCC, for breach of contract and alleging claims under the Nebraska Wage Payment and Collection Act. Applying Nebraska's two-part test to determine whether an agreement…
Date: June 21, 2017
Docket Numbers: 16-3433, 16-3657
Justia Opinion Summary: The Eighth Circuit denied the hospital's petition for review of the Board's determination that it violated section 8(a)(1) of the National Labor Relations Act by interfering with nonemployee union representatives' use of…
Date: June 21, 2017
Docket Number: 16-3657
Date: June 20, 2017
Docket Number: 16-2575
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for knowingly possessing a firearm. The court held that there was evidence sufficient to prove guilt beyond a reasonable doubt. In this case, circumstantial evidence…
Date: June 20, 2017
Docket Number: 16-2644
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 120 month sentence after he pleaded guilty to being a felon in possession of ammunition. The court held that the district court properly chose not to rule on defendant's objections…
Date: June 20, 2017
Docket Number: 16-2649
Justia Opinion Summary: Plaintiffs filed suit against several financial entities for foreclosing on a mortgage loan. The district court granted summary judgment for defendants. At issue were plaintiffs' claims under the Missouri Merchandising…
Date: June 19, 2017
Docket Number: 16-1472
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court held that officers had probable cause to arrest defendant where, among other things, they had received detailed…
Date: June 19, 2017
Docket Number: 16-2648
Justia Opinion Summary: Plaintiff filed suit against his former employer, Skybridge, alleging claims under federal and state law based on Skybridge's denial of a promotion and ultimate termination of plaintiff based on his age. The Eighth…
Date: June 16, 2017
Docket Number: 16-1412
Justia Opinion Summary: The Brossarts filed suit against Deputy Sheriff Braathen, his supervisor, Sheriff Kelly Janke, and Nelson County, asserting federal claims under 42 U.S.C. 1983. The charges stemmed from confrontations at the Brossart…
Date: June 16, 2017
Docket Number: 16-2599
Justia Opinion Summary: Plaintiff filed suit against CitiMortgage in state court, seeking an order setting aside the deed from a foreclosure sale and enforcing a modified loan. Freddie Mac intervened. The district court held that plaintiff's…
Date: June 15, 2017
Docket Number: 15-2937
Justia Opinion Summary: Plaintiff filed suit against his former employer, MAT, alleging retaliation under the Minnesota Whistleblower Act, Minn. Stat. 181.932. The Eighth Circuit reversed the district court's grant of summary judgment in favor…
Date: June 15, 2017
Docket Number: 16-1720
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to discharge a restitution obligation resulting from defendant's involvement in a fraud scheme as the owner of a life insurance company. The…
Date: June 15, 2017
Docket Numbers: 16-1856, 16-1955
Justia Opinion Summary: Agriprocessors wired funds covering overdrafts at Luana Savings Bank in the 90 days before the company filed for bankruptcy. After the bankruptcy court found that the bankruptcy trustee could recover some deposits, the…
Date: June 15, 2017
Docket Number: 16-4218
Date: June 15, 2017
Docket Number: 16-6037
Justia Opinion Summary: Mello appealed the bankruptcy court's order confirming debtors' second amended plan without a hearing. The Bankruptcy Appellate Panel held that the bankruptcy court was in the best position to determine when an…
Date: June 14, 2017
Docket Number: 15-3941
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court held that the short time period before trial and the concern for efficiency in presenting evidence supported the…
Date: June 14, 2017
Docket Number: 16-3111
Justia Opinion Summary: General Mills filed an adversary proceeding to determine the dischargeability of a debt in debtor's Chapter 7 bankruptcy. Applying Minnesota law to its preclusion analysis, the Eighth Circuit affirmed the bankruptcy…
Date: June 14, 2017
Docket Number: 16-3361
Justia Opinion Summary: The Eighth Circuit affirmed defendant's convictions for three crimes related to the manufacture of methamphetamine. Even assuming that the district court improperly excluded defendant's proposed post-indictment…
Date: June 13, 2017
Docket Number: 16-1327
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 108 months in prison after he pleaded guilty for being a felon in possession of a firearm. The court held that the district court did not commit procedural error by…
Date: June 13, 2017
Docket Number: 16-1894
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 130 months in prison after he pleaded guilty to receipt of child pornography. The court held that the district court did not commit procedural error at sentencing by…
Date: June 12, 2017
Docket Number: 15-3254
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 152 months in prison, holding that the district court correctly determined that 18 U.S.C. 3582(c)(2) and USSG 1B1.10 forbid the court to reduce defendant's sentence…
Date: June 12, 2017
Docket Number: 16-1071
Justia Opinion Summary: The Eighth Circuit affirmed defendant's concurrent sentences based on drug and felony related convictions, holding that the district court did not err, much less plainly err, in declining to reduce defendant's offense…
Date: June 12, 2017
Docket Number: 16-2008
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 210 month sentence, holding that it was not error for a district court to explicitly not consider the possibility of a state court sentence when ordering that a federal sentence be…
Date: June 12, 2017
Docket Number: 16-2171
Justia Opinion Summary: Plaintiff filed suit alleging that GCF violated the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq., by failing to clearly and conspicuously disclose the annual percentage rate (APR) and finance charge in his Retail…
Date: June 12, 2017
Docket Number: 16-2417
Justia Opinion Summary: Class representatives challenged the district court's denial of their motion to enforce the settlement agreement in a securities settlement, and the district court's denial of a subsequent motion to alter or amend. The…
Date: June 12, 2017
Docket Numbers: 16-6034, 16-6035
Justia Opinion Summary: The bankruptcy trustee filed suit against Pennie Glasser, seeking to recover from her, as a preference, a payment made by debtor to her. Glass is the former wife of an insider of debtor, as well as a minor investor and…
Date: June 9, 2017
Docket Numbers: 15-2507, 15-2516, 15-2635, 15-2636, 15-2637, 15-2638
Justia Opinion Summary: This case arose out of an accident that killed three people and injured others. Family members of the deceased and the driver filed suit against Toyota alleging various claims. The jury found that the driver was 40…
Date: June 9, 2017
Docket Number: 16-1806
Justia Opinion Summary: Plaintiff filed suit against the City and three police officers, alleging that they beat him while he was handcuffed. A jury found for the officers. The Eighth Circuit affirmed and held that the district court did not…
Date: June 9, 2017
Docket Number: 16-2055
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the employer on plaintiff's claim of retaliatory discharge in violation of the Minnesota Whistleblower Act (MWA). The court held that there…
Date: June 9, 2017
Docket Number: 16-2191
Justia Opinion Summary: The Eighth Circuit affirmed the denial of plaintiff's social security disability benefits, holding that substantial evidence supported the ALJ's decision to deny benefits. The court held that substantial evidence…
Date: June 9, 2017
Docket Number: 16-2197
Justia Opinion Summary: Defendant, a corporal in the Arkansas Game and Fish Commission (AGFC), appealed the denial of his motion to dismiss claims related to the search of a residence. The district court determined that defendant was not…
Date: June 7, 2017
Docket Number: 16-3757
Justia Opinion Summary: Father, a citizen of Israel, petitioned for return of the child under the Hague Convention on the Civil Aspects of International Child Abduction, as implemented by the International Child Abduction Remedies Act (ICARA),…
Date: June 6, 2017
Docket Number: 16-1517
Justia Opinion Summary: A court generally acts within its discretion when it imposes an amended sentence that is in proportion to the initial sentence. In this case, defendant was originally sentenced at the top of his advisory guidelines…
Date: June 5, 2017
Docket Number: 16-1391
Justia Opinion Summary: After defendant was convicted of two drug trafficking offenses, he appealed the denial of his motion to suppress evidence and the sufficiency of the evidence. The Eighth Circuit affirmed the denial of the motion to…
Date: June 5, 2017
Docket Number: 16-1459
Justia Opinion Summary: Defendant was sentenced to life imprisonment after being convicted of robbing two banks and attempting to rob a third. The Eighth Circuit affirmed the conviction, holding that one of the robberies was a qualifying…
Date: June 5, 2017
Docket Number: 16-3229
Justia Opinion Summary: Plaintiff filed suit against multiple defendants under 42 U.S.C. 1983, alleging claims of excessive force, illegal arrest, and illegal search, as well as tort claims under Arkansas law. The Eighth Circuit affirmed the…
Date: June 2, 2017
Docket Number: 15-3437
Justia Opinion Summary: Plaintiffs filed suit under the Truth in Lending Act (TILA), 15 U.S.C. 1601-1667f, seeking to rescind their 2006 mortgage. Plaintiffs alleged that they did not receive sufficient copies of disclosures required by TILA at…
Date: June 1, 2017
Docket Number: 16-3087
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of distributing methamphetamine, holding that the district court properly excluded evidence related to an entrapment defense. Evidence of a second threat was properly…
Date: May 31, 2017
Docket Number: 15-3495
Justia Opinion Summary: 3M filed an insurance claim to recover losses incurred on a number of investments due to fraud perpetrated by its own investment advisors. The Eighth Circuit affirmed the district court's grant of summary judgment to the…
Date: May 31, 2017
Docket Number: 16-1929
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of attempted enticement of a minor, holding that the evidence was sufficient to support the jury's verdict. Even if some of defendant's text messages indicated that he…
Date: May 30, 2017
Docket Number: 16-1908
Justia Opinion Summary: Plaintiff filed suit against an Arkansas state police officer, alleging that the officer used excessive force by pepper spraying and choking him in the course of arresting him for taking eight pairs of shorts from a…
Date: May 30, 2017
Docket Number: 16-1952
Justia Opinion Summary: Plaintiffs filed suit challenging the Forest Service's determination that an 85-fold increase in predicted drilling in the Ozark–St. Francis National Forests did not require a "correction, supplement, or revision" to the…
Date: May 26, 2017
Docket Number: 16-1220
Justia Opinion Summary: Petitioner appealed the denial of his 28 U.S.C. 2255 motion to vacate, set aside, or correct his criminal sentence. Petitioner was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based on…
Date: May 26, 2017
Docket Number: 16-1747
Justia Opinion Summary: Plaintiff filed suit against Fairview, alleging that the company made unauthorized telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The Eighth Circuit affirmed the district…
Date: May 26, 2017
Docket Number: 16-1840
Justia Opinion Summary: The district court granted in part petitioner's motion to vacate his drug-related conviction and sentence under 28 U.S.C. 2255, based on ineffective assistance of counsel. The district court ordered the government to…
Date: May 26, 2017
Docket Number: 16-2080
Justia Opinion Summary: Plaintiff filed a products liability action against defendants after his wife died of ovarian cancer. Plaintiff claimed that his wife's death was caused by her regular and prolonged use of talcum-based products. The…
Date: May 26, 2017
Docket Number: 16-2095
Justia Opinion Summary: Although IEM changed registered agents, hiring CT and terminating UCS, a change of registered agent form was not filed with the Secretary of State. A default judgment was subsequently entered against IEM after a process…
Date: May 25, 2017
Docket Number: 16-2161
Justia Opinion Summary: Defendant appealed his 235 month sentence after pleading guilty to possession with intent to distribute 50 grams or more of methamphetamine. The Eighth Circuit affirmed, holding that the district court committed no…
Date: May 25, 2017
Docket Number: 16-3427
Justia Opinion Summary: Plaintiff filed suit against Scottsdale for coverage under a Business and Management Indemnity Policy. The Eighth Circuit affirmed the district court's grant of summary judgment to Scottsdale, holding that Food Market…
Date: May 24, 2017
Docket Number: 15-3965
Justia Opinion Summary: This case arose from Martin Sigillito's Ponzi scheme known as the British Lending Program (BLP). Plaintiffs, seeking to recoup losses due to the BLP, filed suit against St. Louis Bank, alleging violations of Missouri's…
Date: May 24, 2017
Docket Number: 16-3186
Justia Opinion Summary: After plaintiff's son was denied coverage related to gender reassignment services and surgery, plaintiff filed suit against Essentia and the health insurance plan's third party administrator for sex based discrimination…
Date: May 23, 2017
Docket Number: 15-3676
Justia Opinion Summary: Plaintiff filed suit against Frederick Tucker and the county sheriff, alleging unlawful retaliation after she supported a different candidate in an election for presiding judge. The Eighth Circuit affirmed the district…
Date: May 22, 2017
Docket Number: 15-3458
Justia Opinion Summary: Plaintiffs filed suit alleging that SWE's fracking waste migrated onto their property. The district court granted summary judgment for SWE. The Eighth Circuit held that the district court properly imposed initial limits…
Date: May 22, 2017
Docket Number: 16-3687
Justia Opinion Summary: After he was injured while working on MNA's railroad tracks, plaintiff and his wife filed suit against MNA under the Federal Employers' Liability Act (FELA) and under Arkansas state law. The Eighth Circuit affirmed the…
Date: May 18, 2017
Docket Number: 16-3356
Justia Opinion Summary: Defendant appealed his sentence of 156 months in prison after pleading guilty to a drug-related offense. The Fifth Circuit affirmed, holding that, although the district court did not expressly refer to the factors set…
Date: May 18, 2017
Docket Number: 16-6031
Justia Opinion Summary: On remand to the Bankruptcy Appellate Panel, debtors challenged the bankruptcy court's order granting in part and denying in part Starion's motion to compel payment of fees under the confirmed plan of reorganizations,…
Date: May 15, 2017
Docket Number: 15-3299
Justia Opinion Summary: Plaintiff filed suit against McGraw-Hill, alleging claims of employment discrimination in violation of Title VII of the Civil Rights Act, 42 U.S.C. 1981, and the Missouri Human Rights Act. The Eighth Circuit affirmed the…
Date: May 15, 2017
Docket Number: 15-3368
Justia Opinion Summary: Michael Dooley's estate filed suit under 42 U.S.C. 1983, alleging that a deputy sheriff used excessive force when he shot and killed Dooley. The Eighth Circuit affirmed the grant of summary judgment to the deputy,…
Date: May 15, 2017
Docket Number: 16-3014
Justia Opinion Summary: Defendant moved to proceed pro se for the fourth time on the third day of trial. The Eighth Circuit affirmed the district court's denial of his motion, holding that defendant's motion was untimely. In this case,…
Date: May 15, 2017
Docket Numbers: 16-3556, 16-3632
Justia Opinion Summary: Defendants Jackson and Kemp appealed their convictions and sentences for drug-related charges. The Eighth Circuit affirmed, holding that the district court did not abuse its discretion by admitting evidence of Kemp's…
Date: May 11, 2017
Docket Number: 15-2879
Justia Opinion Summary: Plaintiffs filed a class action against the Pegasus Pipeline's current owners and operators, Exxon, alleging that the company's operation of the pipeline was unreasonable and unsafe. The Eighth Circuit agreed with the…
Date: May 11, 2017
Docket Number: 16-3591
Justia Opinion Summary: Plaintiffs filed a class action in state court alleging that Progressive sold insurance policies with benefits below the statutory minimum required by Minnesota state law. On appeal, plaintiffs challenged the district…
Date: May 10, 2017
Docket Number: 16-1462
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sex trafficking and drug-related convictions, holding that he was not denied a fair trial and rejecting his contention that the government failed to produce discovery in a timely…
Date: May 10, 2017
Docket Number: 16-3378
Justia Opinion Summary: EMT appealed the district court's denial of summary judgment in this consolidated putative class- and collective-action case. The district court granted partial summary judgment for plaintiff on the issue of EMT's…
Date: May 9, 2017
Docket Number: 16-1168
Justia Opinion Summary: The Eighth Circuit affirmed the disqualification of tax-exempt status of an Employee Stock Ownership Plan (ESOP) because it exceeded the I.R.C. 415 contribution limit. In this case, the Tax Court did not clearly err in…
Date: May 9, 2017
Docket Number: 16-1219
Justia Opinion Summary: The Eighth Circuit affirmed the district court's decision to uphold an arbitration award reinstating an employee to his job as a security officer at Entergy's nuclear power plant. The employee has chronic folliculitis,…
Date: May 8, 2017
Docket Number: 16-1653
Justia Opinion Summary: The Eighth Circuit affirmed the denial of the petition to vacate an arbitration award issued by a System Board of Adjustment under the Railway Labor Act, 45 U.S.C. 151 et seq. Petitioner, a pilot for a predecessor of…
Date: May 8, 2017
Docket Number: 16-1714
Justia Opinion Summary: Plaintiff filed suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., for denial of benefits and breach of fiduciary duty. The district court dismissed the fiduciary claim as duplicative…
Date: May 8, 2017
Docket Number: 16-1818
Justia Opinion Summary: The Eighth Circuit affirmed a commitment order, holding, pursuant to the plain language of 18 U.S.C. 4241(d), that once a defendant is found incompetent to stand trial, a district judge has no discretion in whether or…
Date: May 8, 2017
Docket Number: 16-2574
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 120-month sentence for being a felon in possession, holding that the district court's statement to the crime victim at sentencing did not reflect bias or partiality. The Eighth…
Date: May 8, 2017
Docket Number: 16-3550
Date: May 8, 2017
Docket Number: 16-6022
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's grant of summary judgment to the Iowa Department of Revenue and dismissal of the adversary proceeding. The Panel held that the bankruptcy court did not abuse…
Date: May 8, 2017
Docket Number: 16-6036
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's opinion and order abstaining from hearing Roberts Broadcasting's malpractice claim against Danna McKitrick pursuant to 28 U.S.C. 1331(c)(1). McKitrick…
Date: May 5, 2017
Docket Number: 16-1183
Justia Opinion Summary: The Eighth Circuit affirmed the grant of summary judgment based on qualified immunity and official immunity to Officer Heady in plaintiff's suit alleging excessive use of force under 42 U.S.C. 1983, as well as common law…
Date: May 5, 2017
Docket Number: 16-1452
Justia Opinion Summary: The Eighth Circuit affirmed the dismissal of relator's False Claims Act (FCA), 31 U.S.C. 3729 et seq., suit based on the public disclosure bar. Relator alleged that CSL Behring conspired with pharmacies to submit false…
Date: May 5, 2017
Docket Number: 16-1506
Justia Opinion Summary: The Eighth Circuit affirmed the dismissal of relator's False Claims Act (FCA), 31 U.S.C. 3729 et seq., suit based on the public disclosure bar. Relator alleged that defendants sought reimbursement from Medicare and…
Date: May 4, 2017
Docket Number: 16-1296
Justia Opinion Summary: The Eighth Circuit affirmed the denial of a 28 U.S.C. 2255 motion for post-conviction relief, holding that petitioner's claim, that he was denied due process when the district court entered an amended judgment that…
Date: May 4, 2017
Docket Number: 16-1557
Justia Opinion Summary: The Eighth Circuit affirmed the dismissal of plaintiff's claims against Blue Cross in a suit filed under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., after Blue Cross denied…
Date: May 4, 2017
Docket Number: 16-6033
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order sustaining the objection of the Trustee and holding that monthly payments due to debtor under a single premium annuity were not exempt under Mo. Rev.…
Date: May 2, 2017
Docket Numbers: 15-3909, 15-3912, 16-1203, 16-1245, 16-1408
Justia Opinion Summary: The Eighth Circuit remanded this case on February 1, 2017, for further consideration of class certification and reversed the imposition of an appeal bond. In this appeal, the Eighth Circuit granted Appellant Olson's…
Date: May 2, 2017
Docket Number: 16-1190
Justia Opinion Summary: The Eighth Circuit affirmed the denial of plaintiff's request for a broader preliminary injunction against the enforcement of rules of the Iowa State Fair that forbid impeding traffic and bringing signs attached to poles…
Date: May 2, 2017
Docket Number: 16-1460
Justia Opinion Summary: The Eighth Circuit affirmed the grant of summary judgment in favor of the YMCA in plaintiff's public accommodation suit under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. Plaintiff argued that the…
Date: May 2, 2017
Docket Number: 16-1599
Justia Opinion Summary: The Eighth Circuit affirmed the district court's application of sentencing enhancements to reflect defendant's understated criminal history and his recidivism. Defendant pleaded guilty to possessing a gun while a felon…
Date: May 1, 2017
Docket Number: 16-1767
Justia Opinion Summary: The Eighth Circuit reversed and remanded the district court's grant of summary judgment in a suit against employees of a juvenile home, concluding that the district court erred by holding as a matter of law that…
Date: May 1, 2017
Docket Number: 16-2524
Justia Opinion Summary: The Eighth Circuit vacated the district court's order directing Pfizer to pay attorney's fees in an order remanding to state court. The Eighth Circuit agreed with plaintiffs that the filing of the satisfaction of…
Date: April 28, 2017
Docket Number: 15-3765
Justia Opinion Summary: The court vacated the dismissal of The Med's claim of alleged impairment of a hospital lien, concluding that the claim was not barred by the Rooker-Feldman doctrine. The court explained that to apply Rooker-Feldman in…
Date: April 28, 2017
Docket Number: 16-1069
Justia Opinion Summary: The court affirmed the grant of a permanent injunction enjoining BC Cleaners from using Martinizing's trademarks, concluding that Martinizing failed to prove willful infringement by BC Cleaners. Because Martinizing…
Date: April 28, 2017
Docket Number: 16-1931
Justia Opinion Summary: The court affirmed the denial of plaintiff's application for supplemental security income, concluding that substantial evidence supported the ALJ's decision. Substantial evidence supported the ALJ's conclusion that…
Date: April 28, 2017
Docket Numbers: 16-2015, 16-2113
Justia Opinion Summary: The court affirmed the approval of a class action settlement and grant of attorneys' fees and service awards in a suit alleging that Symantec failed to disclose that consumers could use various free alternatives to…
Date: April 28, 2017
Docket Number: 16-2279
Justia Opinion Summary: The court affirmed the denial of habeas relief under 28 U.S.C. 2254 to petitioner, convicted of first degree felony murder, rejecting his claims that defense counsel provided ineffective assistance by advising him not to…
Date: April 28, 2017
Docket Number: 16-2846
Justia Opinion Summary: The court affirmed the grant of summary judgment to Underwriters after Underwriters denied coverage based on the flood exclusion of the insurance policy at issue. The court concluded that the district court did not abuse…
Date: April 27, 2017
Docket Number: 16-1233
Justia Opinion Summary: Defendant appealed his conviction after pleading guilty to being a felon in possession of a firearm. The district court imposed a sentencing enhancement pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C.…
Date: April 27, 2017
Docket Numbers: 16-1441, 16-1443
Justia Opinion Summary: Defendant pled guilty to accessing and possessing child pornography, possessing child obscenity, and violating the terms of his supervised release. The district court sentenced defendant to the statutory mandatory…
Date: April 27, 2017
Docket Numbers: 17-1892, 17-1893, 17-1896
Justia Opinion Summary: In three consolidated cases, the court concluded that the motion for relief and the petition for writ constitute second or successive habeas applications, and denied authorization for the district court to consider them;…
Date: April 27, 2017
Docket Number: 17-6010
Justia Opinion Summary: Creditor challenged the bankruptcy court's order confirming debtor's Chapter 13 plan. In this case, Creditor did not provide the panel with a transcript of the relevant bankruptcy proceedings, specifically the…
Date: April 26, 2017
Docket Number: 15-3558
Justia Opinion Summary: Mark Moore and two others filed suit against the Arkansas Secretary of State, challenging certain Arkansas statutes that set the filing deadline for individuals who wish to appear on the general election ballot as…
Date: April 26, 2017
Docket Number: 16-2752
Justia Opinion Summary: Defendant appealed from this 18 month prison sentence imposed after revoking his supervised release. The court concluded that the district court did not err when it properly analyzed the 18 U.S.C. 3553(a) factors; the…
Date: April 26, 2017
Docket Number: 16-3053
Justia Opinion Summary: Defendant appealed his conviction of one count of conspiracy to distribute heroin and one count of possessing heroin with the intent to distribute. Defendant admitted that he distributed heroin, but he argued that the…
Date: April 25, 2017
Docket Number: 16-1933
Justia Opinion Summary: Plaintiff appealed the partial denial of his applications for disability insurance benefits (DIB) and supplemental security income (SSI). Plaintiff suffers from asthma, chronic obstructive pulmonary disease, high blood…
Date: April 24, 2017
Docket Number: 16-1753
Justia Opinion Summary: Defendant pled guilty to receipt of child pornography and was sentenced to 240 months imprisonment and 15 years supervised release. The court concluded, and the government concedes, that the district court erred by…
Date: April 24, 2017
Docket Number: 16-2044
Justia Opinion Summary: After pleading guilty to being a felon in possession of a firearm, defendant appealed the denial of his motion to suppress evidence obtained from a search of a motel room where he was staying. In this case, the motel…
Date: April 24, 2017
Docket Number: 17-1825
Justia Opinion Summary: Marcel Williams, convicted of capital murder, kidnapping, rape, and aggravated robbery, moved for a stay of execution. Williams wanted to re-open the denial of federal habeas relief in 2009, renewing his claims of…
Date: April 24, 2017
Docket Number: 17-1848
Justia Opinion Summary: Marcel Williams filed suit under 42 U.S.C. 1983, challenging the Arkansas lethal injection execution protocol. After the district court denied Williams' motion for a preliminary injunction, he moved for a stay of…
Date: April 24, 2017
Docket Number: 17-1849
Justia Opinion Summary: Jack Harold Jones, Jr. appealed the district court's denial of a preliminary injunction, and moved for a stay of execution. Jones argued that, because of his specific medical conditions, the administration of the ADC's…
Date: April 20, 2017
Docket Number: 17-1822
Justia Opinion Summary: Four Arkansas death-row inmates appealed the denial of their motions for a preliminary injunction prohibiting their executions and moved the court for a stay of execution. The court concluded that, to the extent the…
Date: April 20, 2017
Docket Number: 17-1840
Justia Opinion Summary: Two appeals were filed before this court five hours before Ledell Lee's scheduled execution. Lee challenged the district court's alleged denial of his motion requesting funds under 18 U.S.C. 3599(f) for "ancillary…
Date: April 19, 2017
Docket Numbers: 16-2521, 16-2611
Justia Opinion Summary: Defendant challenged the revocation of his supervised release and 24 month sentence, arguing that his waiver of counsel and decision to proceed pro se were invalid. The court concluded that the totality of the…
Date: April 18, 2017
Docket Number: 15-3635
Justia Opinion Summary: Plaintiffs filed suit in state court against defendants, alleging claims of defamation, invasion of privacy, and intentional and negligent infliction of emotional distress. Plaintiff alleged that defendants published…
Date: April 18, 2017
Docket Number: 15-3835
Justia Opinion Summary: Petitioner, a citizen of Bosnia and Herzegovina, part of the former Yugoslavia, sought review of the BIA's affirmance of the IJ's finding that petitioner was ineligible for relief from removal because he failed to prove…
Date: April 18, 2017
Docket Number: 16-1175
Justia Opinion Summary: Petitioner was convicted of second-degree murder, endangering the welfare of a minor, and fleeing. The district court denied habeas relief under 28 U.S.C. 2254, but granted a certificate of appealability on whether…
Date: April 17, 2017
Docket Number: 15-3442
Justia Opinion Summary: Defendant appealed his sentence and conviction for conspiracy to commit bank fraud. The court concluded that the evidence was sufficient to sustain the jury's verdict; evidence about past events was properly admitted…
Date: April 17, 2017
Docket Number: 15-3907
Justia Opinion Summary: Defendant appealed his conviction for three offenses related to his participation in a marijuana trafficking scheme. Defendant procured, packaged, and sent marijuana from California to Nebraska for distribution.…
Date: April 17, 2017
Docket Number: 15-3992
Justia Opinion Summary: Defendant appealed his 36 month sentence after pleading guilty to illegal reentry into the United States after a previous removal and commission of an aggravated felony. The court concluded that the district court did…
Date: April 17, 2017
Docket Number: 16-1924
Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, sought review of the BIA's decision affirming the IJ's denial of his requests for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The…
Date: April 17, 2017
Docket Number: 16-2479
Justia Opinion Summary: Taxpayer appealed the district court's grant of summary judgment for the government in this action to reduce a tax lien to judgment and foreclose upon real property. The court concluded that an underlying Tax Court…
Date: April 17, 2017
Docket Number: 16-2994
Date: April 17, 2017
Docket Number: 17-1804
Justia Opinion Summary: The district court entered stays of execution in an action brought by nine Arkansas prisoners under 42 U.S.C. 1983. The prisoners were all convicted of murder and sentenced to death. The court granted the State's motion…
Date: April 14, 2017
Docket Number: 15-3540
Justia Opinion Summary: General Mills terminated employees and offered them benefits in exchange for releasing all Age Discrimination in Employment Act (ADEA), 29 U.S.C. 626(f)(1), claims and arbitrating release-related disputes. Plaintiffs, 33…
Date: April 14, 2017
Docket Number: 15-3607
Justia Opinion Summary: Petitioner plead guilty to conspiring to distribute more than 1,000 kilograms of marijuana and possessing with intent to distribute more than 100 kilograms of marijuana. Petitioner sought habeas relief under 28 U.S.C.…
Date: April 14, 2017
Docket Number: 15-3611
Justia Opinion Summary: Defendant appealed his 180 month sentence and conviction for possession with intent to distribute 50 grams or more of actual methamphetamine. The court concluded that petitioner waived any objection to the district…
Date: April 14, 2017
Docket Number: 15-3991
Justia Opinion Summary: Defendant was found guilty of being a felon in possession of a firearm and sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), to 200 months in prison. The Supreme Court subsequently invalidated the…
Date: April 14, 2017
Docket Numbers: 16-1611, 16-1688, 16-1761
Justia Opinion Summary: Midamar Corporation and Jalel Aossey conditionally plead guilty to one count of conspiracy to commit several offenses in connection with a scheme to sale falsely labeled halal meat. William Aossey was convicted of…
Date: April 14, 2017
Docket Number: 16-1668
Justia Opinion Summary: Defendant appealed his 360 month sentence after pleading guilty to one count of conspiracy to distribute a mixture or substance containing a detectable amount of cocaine base. The court concluded that the district court…
Date: April 14, 2017
Docket Number: 16-2056
Justia Opinion Summary: Defendant appealed his 300 month sentence after a jury found him guilty of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, and attempt to obstruct justice. The court…
Date: April 14, 2017
Docket Numbers: 17-1339, 17-1340
Justia Opinion Summary: Plaintiff filed suit against defendants in state court on behalf of a class comprising of all persons who were Arkansas Medicaid-eligible beneficiaries who were treated at one of the defendant hospitals and who had…
Date: April 13, 2017
Docket Number: 16-1561
Justia Opinion Summary: Plaintiff filed suit against F&G, an insurance company and its affiliates, under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1964(c), alleging that F&G committed numerous acts of mail and…
Date: April 13, 2017
Docket Number: 16-1959
Justia Opinion Summary: Defendant conditionally plead guilty to possessing cocaine with intent to distribute and then appealed the denial of his motion to suppress the drug evidence. The court concluded that the officer in this case was faced…
Date: April 6, 2017
Docket Numbers: 16-1450, 16-1682
Justia Opinion Summary: The Board ruled that Missouri Red committed an unfair labor practice in violation of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (5), by refusing to recognize and collectively bargain with the union.…
Date: April 6, 2017
Docket Number: 16-1903
Justia Opinion Summary: Defendant was sentenced to 227 months in prison in 2005 for his conviction of conspiracy to possess with intent to distribute controlled substances and one count of violent crime in aid of racketeering activity in…
Date: April 6, 2017
Docket Number: 16-2349
Justia Opinion Summary: Petitioner, convicted of first degree murder, armed criminal action, and first-degree assault, appealed the district court's denial of his 28 U.S.C. 2254 petition for habeas relief. Petitioner argued that the State…
Date: April 5, 2017
Docket Numbers: 16-1381, 16-1738
Justia Opinion Summary: Defendants Cooke and Cantu appealed their sentences and convictions for conspiring to distribute methamphetamine. Cooke argued in his motion to dismiss that the 65 day delay between his February 18 arrest and April 24…
Date: April 5, 2017
Docket Number: 16-3163
Justia Opinion Summary: Defendant appealed his sentence and order of restitution after pleading guilty to one count of wire fraud. The court concluded that the district court committed procedural error when it departed upward from the advisory…
Date: April 4, 2017
Docket Number: 15-1712
Justia Opinion Summary: After defendant pled guilty to being a felon in possession of a firearm, the district court sentenced him under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). The Supreme Court vacated the judgment and remanded…
Date: April 4, 2017
Docket Number: 15-1789
Justia Opinion Summary: Defendant moved to dismiss charges of federal felony offenses, arguing that the district court lacked subject matter jurisdiction because a 1905 Act of Congress diminished the Red Lake Reservation, removing the town of…
Date: April 4, 2017
Docket Number: 16-1073
Justia Opinion Summary: After plaintiff was injured as a delivery driver for UPS and UPS failed to offer him another full time position that he was able to perform, plaintiff filed suit for disability discrimination and retaliation. The…
Date: April 4, 2017
Docket Number: 16-1729
Justia Opinion Summary: Defendant appealed his conviction and sentence for being a felon in possession of a firearm. The court concluded that defendant's indictment sufficiently charged him with unlawful possession of a firearm, set out the…
Date: April 4, 2017
Docket Number: 16-1775
Justia Opinion Summary: Defendant appealed his 360 month sentence after pleading guilty to one count of receipt of child pornography and one count of possession of child pornography. The court concluded that the district court erred in relying…
Date: April 3, 2017
Docket Number: 16-1172
Justia Opinion Summary: After Mark A. Sveen designated his then-wife, Kaye L. Melin, as the primary beneficiary of his life insurance policy, and his children as contingent beneficiaries, Minnesota extended its revocation-upon-divorce statute…
Date: April 3, 2017
Docket Number: 16-1305
Justia Opinion Summary: Plaintiffs Dindinger, Loring, and Freund filed suit against Allsteel, alleging claims of sex-based wage discrimination under the Equal Pay Act, 29 U.S.C. 206(d); Dindinger and Loring also brought claims of sex-based wage…
Date: March 31, 2017
Docket Number: 16-1027
Justia Opinion Summary: Defendant was convicted of possession of child pornography and distribution of child pornography. The court concluded that the district court did not abuse its discretion by admitting screenshots representing the online…
Date: March 30, 2017
Docket Numbers: 16-1980, 16-1981
Justia Opinion Summary: Defendants Delgrosso and Cain were convicted of conspiracy to distribute methamphetamine, money laundering, and conspiracy to commit money laundering. Delgrosso also was found guilty of failing to file IRS Form 8300. The…
Date: March 29, 2017
Docket Number: 15-2964
Justia Opinion Summary: Plaintiffs, a class of landowners subject to Sho-Me's easements, filed suit against Sho-Me and Tech for trespass and unjust enrichment after the companies used fiber-optic cable for commercial telecommunications. The…
Date: March 29, 2017
Docket Numbers: 16-1285, 16-1307
Justia Opinion Summary: Jeannie K. May filed suit seeking to recover damages under state and federal law arising from the debt-collection practices of Nationstar. After a jury found in favor of May on her invasion-of-privacy claim and her claim…
Date: March 28, 2017
Docket Number: 15-3496
Justia Opinion Summary: Defendant appealed her 48 month sentence and conviction for assaulting a federal officer with her car. The court concluded that sufficient evidence supported the conviction; the district court properly denied admitting a…
Date: March 28, 2017
Docket Number: 16-1643
Justia Opinion Summary: Plaintiff, a former transport deputy for the county, filed suit against Sheriff Andy Shock, in his individual and official capacities, for unlawful employment termination under state and federal law. Plaintiff filed suit…
Date: March 27, 2017
Docket Number: 15-3399
Justia Opinion Summary: Plaintiff filed suit against a state trooper under 42 U.S.C. 1983, alleging damages based on the trooper's unconstitutional initiation of a traffic stop and questioning, detainment, and arrest of plaintiff without…
Date: March 27, 2017
Docket Number: 16-1306
Justia Opinion Summary: Defendant appealed his convictions for multiple drug offenses and for being a felon in possession of a firearm. The court concluded that defendant's drug convictions were supported by sufficient evidence, but defendant's…
Date: March 27, 2017
Docket Number: 16-1596
Justia Opinion Summary: Defendant appealed his 41 month sentence after being convicted of trafficking in counterfeit mark goods. The court concluded that the district court did not err by including the full value of the goods seized in a Kansas…
Date: March 27, 2017
Docket Number: 16-2433
Justia Opinion Summary: Defendant was sentenced to 480 months in prison after he was convicted of second degree murder and assault with a deadly weapon. The court concluded that the district court did not clearly err in crediting a law…
Date: March 24, 2017
Docket Numbers: 16-1565, 16-1930
Justia Opinion Summary: Cargill petitioned for review of the Board's order concluding that the company engaged in unfair labor practices when it refused to bargain with the Union, in violation of sections 8(a)(1) and (5) of the National Labor…
Date: March 23, 2017
Docket Number: 16-1485
Justia Opinion Summary: The government appealed the district court's grant of defendant's motion to suppress evidence, a firearm in this case, found on his person incident to arrest for an unrelated crime. The court concluded that the district…
Date: March 23, 2017
Docket Number: 16-2695
Justia Opinion Summary: Defendant appealed his conviction and sentence for firearm possession and possession of crack cocaine with intent to distribute. The court concluded that the district court did not abuse its discretion by admitting a…
Date: March 23, 2017
Docket Number: 16-3353
Justia Opinion Summary: Hanzada, an Egyptian company that imports and exports beef, appealed the jury verdict and judgment against it on plaintiff's breach of contract claim. The district court relied on the Seventh Circuit's widely adopted…
Date: March 22, 2017
Docket Number: 15-2987
Justia Opinion Summary: Petitioner, a citizen of Mexico, challenged the denial of his motion to reopen an order of removal in absentia when he failed to appear for a removal hearing in an immigration court. The court concluded that petitioner…
Date: March 21, 2017
Docket Number: 15-3744
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to unlawful possession of a firearm as a previously convicted felon. The court held that United States v. Pulliam is controlling law and rejected defendant's argument…
Date: March 21, 2017
Docket Number: 15-3801
Justia Opinion Summary: Plaintiff filed suit against CSM, alleging civil rights violations after she was terminated. The district court granted summary judgment to CSM. The court concluded that plaintiff failed to establish the causation…
Date: March 21, 2017
Docket Number: 16-1334
Justia Opinion Summary: Defendant appealed his 110 month sentence after pleading guilty to possessing firearms as a felon. The court concluded that the record supported the district court's conclusion that defendant's prior convictions for…
Date: March 20, 2017
Docket Number: 15-3346
Justia Opinion Summary: Omega filed suit against Mayo, alleging claims of fraud, negligent misrepresentation, breach of contract, and breach of the implied covenant of good faith and fair dealing. The parties had entered into an Exclusive…
Date: March 16, 2017
Docket Number: 16-2723
Justia Opinion Summary: After Kelly D. Williams died when her car was hit by Dylan A. Meyer's vehicle, her parents submitted a claim for underinsured motorist (UIM) coverage. AMCO filed suit seeking a declaration of no coverage under Kelly's…
Date: March 15, 2017
Docket Number: 16-1593
Justia Opinion Summary: Defendant appealed his 98 month sentence after pleading guilty to one count of possession with intent to distribute a controlled substance and two counts of distribution of a controlled substance. The court concluded…
Date: March 13, 2017
Docket Number: 16-2549
Justia Opinion Summary: Defendant appealed the district court's order denying his motion to suppress after he was convicted of possessing an unregistered short-barreled rifle. Officers discovered firearms in defendant's vehicle after they…
Date: March 10, 2017
Docket Number: 15-2905
Justia Opinion Summary: Plaintiff filed suit alleging that BNSF violated the Federal Rail Safety Act (FRSA), 49 U.S.C. 20109, when it terminated his employment for harassing a co-worker and threatening a supervisor. The district court…
Date: March 10, 2017
Docket Numbers: 15-3794, 15-3825, 15-3854, 15-3880, 15-3894
Justia Opinion Summary: In five consolidated appeals, defendants challenged the denial of their motions for sentence reductions under 18 U.S.C. 3582(c)(2) for convictions of methamphetamine conspiracy offenses. At issue was whether section…
Date: March 10, 2017
Docket Number: 16-1797
Justia Opinion Summary: Defendant pleaded guilty to unlawful possession of a firearm as a previously convicted felon and was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). On appeal, defendant challenged the district…
Date: March 9, 2017
Docket Numbers: 15-2792, 16-1127
Justia Opinion Summary: Plaintiffs, a class of employees who participated in ABB's retirement plans, filed suit alleging that ABB and its fiduciaries managed the plans for their own benefit, rather than for the participants. In an earlier…
Date: March 8, 2017
Docket Number: 16-1899
Justia Opinion Summary: Defendant was convicted of illegally reentering the United States and sentenced to 51 months in prison. The court concluded that the occupant of the apartment where defendant was found voluntarily consented to entry;…
Date: March 7, 2017
Docket Number: 15-3457
Justia Opinion Summary: Petitioners Hernandez-Martinez and Dominguez-Herrera, non-permanent residents of the United States and a married couple, sought review of the denial of their consolidated applications for cancellation of removal under…
Date: March 7, 2017
Docket Number: 16-1341
Justia Opinion Summary: After Jerome Harrell died while in custody at the county jail, Harrell's estate filed suit against the county and various correctional officers under 42 U.S.C. 1983, alleging violations of Harrell's constitutional rights…
Date: March 7, 2017
Docket Number: 16-1756
Justia Opinion Summary: Plaintiff, on behalf of her minor son J.M., filed suit against the School District, alleging unlawful use of isolation and physical restraints, in violation of the Equal Protection Clause of the Fourteenth Amendment; 42…
Date: March 6, 2017
Docket Number: 15-2902
Justia Opinion Summary: After defendant sexually assaulted a fellow high school student on the Kadena Air Base in Okinawa, Japan, he was was indicted in the District of Minnesota, which had jurisdiction under the Military Extraterritorial…
Date: March 6, 2017
Docket Numbers: 15-3925, 15-3955
Justia Opinion Summary: This case arose out of Chipotle's decision to fire an employee who was involved in a campaign for higher pay in the fast-food industry. The Board claimed that Chipotle fired the employee for his union activities, but…
Date: March 6, 2017
Docket Number: 16-1091
Justia Opinion Summary: Defendant, a member of the Standing Rock Sioux Tribe and resident of the Tribe's reservation, appealed her 37 month sentence after pleading guilty to one count of child abuse. The court rejected defendant's claim that…
Date: March 6, 2017
Docket Number: 16-1492
Justia Opinion Summary: Defendant pleaded guilty to one count of conspiracy to distribute a mixture or substance containing crack cocaine in an amount of 280 grams or more, and powder cocaine in an amount of 5 kilograms or more. On appeal,…
Date: March 2, 2017
Docket Number: 15-3369
Justia Opinion Summary: Petitioner sought review of the Board's decision and order affirming the ALJ in petitioner's Federal Rail Safety Act (FRSA), 49 U.S.C. 20109, retaliatory termination action. The court concluded that the ALJ correctly…
Date: March 1, 2017
Docket Number: 15-1786
Justia Opinion Summary: Plaintiffs, retail grocers, filed putative class actions against two large full-line wholesale grocers, alleging that the wholesalers' contract to exchange retailer supply agreements constituted market allocation in…
Date: March 1, 2017
Docket Numbers: 15-3089, 15-3174
Justia Opinion Summary: Plaintiffs, retail grocers, filed putative class actions against two large full-line wholesale grocers, alleging that the wholesalers' contract to exchange retailer supply agreements constituted market allocation in…
Date: March 1, 2017
Docket Number: 15-3519
Justia Opinion Summary: Plaintiff filed a shareholder derivative action on behalf of Medtronic, Inc., against current and former directors and officers of Medtronic, and against Medtronic as a nominal defendant. Plaintiff's complaint alleged…
Date: March 1, 2017
Docket Numbers: 16-1004, 16-1007
Justia Opinion Summary: Defendant appealed his ten year sentence for illegally reentering the United States. In 2015, defendant and his codefendant tried to hold up a bakery. Defendant carried a butcher knife to rob the bakery and accidentally…
Date: March 1, 2017
Docket Number: 16-1174
Justia Opinion Summary: Plaintiff, an African American female, filed suit against DHS, alleging disparate treatment on account of race, and retaliation in violation of Title VII, 42 U.S.C. 2000e-2 and 2000e-3(a). The district court dismissed…
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