2017 Eighth Circuit US Court of Appeals Case Law
Opinions 1001 - 1196 of 1196
Date: March 1, 2017
Docket Number: 16-1661
Justia Opinion Summary: Plaintiff and others filed suit alleging federal and state law claims arising from a nuisance abatement carried out on his land. The district court dismissed the claims based on the doctrine of claim preclusion. The…
Date: March 1, 2017
Docket Number: 16-1978
Justia Opinion Summary: Defendant appealed the district court's amendment to defendant's term of supervised release to require that he submit his person and property to a search upon reasonable suspicion. The court concluded that the district…
Date: March 1, 2017
Docket Number: 16-2186
Justia Opinion Summary: Plaintiff filed suit against his employer, Optomec, alleging that he was terminated on account of his age in violation of the Minnesota Human Rights Act (MHRA), Minn. Stat. 363A.01 et seq. The court affirmed the district…
Date: February 28, 2017
Docket Numbers: 15-1682, 15-1741
Justia Opinion Summary: Plaintiffs filed suit against the Minnesota Secretary of State and others, challenging a statute prohibiting the wearing of political insignia at a polling place, Minnesota Statute 211B.11. This court reversed the…
Date: February 28, 2017
Docket Number: 16-1403
Justia Opinion Summary: Defendant pled guilty to eight counts of a sixteen count indictment that included wire fraud, money laundering, and tax evasion. Defendant appealed his sentence of 111 months in prison and 5 years of supervised release.…
Date: February 27, 2017
Docket Number: 15-3184
Justia Opinion Summary: Petitioner, convicted of a drug offense, appealed the district court's denial of his request for post-conviction relief without granting an evidentiary hearing. Petitioner had moved to vacate, set aside, or correct his…
Date: February 27, 2017
Docket Number: 15-3192
Justia Opinion Summary: After plaintiff was disciplined by his employer, BNSF, for not promptly reporting a workplace injury, he filed suit claiming that BNSF's discipline violated the employee-protections provision of the Federal Railroad…
Date: February 27, 2017
Docket Number: 15-3532
Justia Opinion Summary: After plaintiff was seriously injured on the job, BNSF disciplined him for violations of BNSF rules that led to his injury. Plaintiff filed suit, alleging that BNSF's discipline violated the employee-protections…
Date: February 27, 2017
Docket Number: 16-1324
Justia Opinion Summary: Plaintiff John Young and the Commission entered into a Prosecutor/County Lease Agreement covering plaintiff's office building. After the Commission passed an ordinance that mandated that every resident of the county be…
Date: February 27, 2017
Docket Number: 16-1402
Justia Opinion Summary: The parties entered into a contract wherein John Lamoureux provided the necessary capital to MPSC, a start-up company, in exchange for a royalty fee every time the company used its patented service. After John died, his…
Date: February 27, 2017
Docket Number: 16-1998
Justia Opinion Summary: Defendant appealed his sentence after he was convicted of unlawful possession of a firearm. The court concluded that the district court appropriately used the modified categorical approach in determining that defendant's…
Date: February 24, 2017
Docket Number: 15-3523
Justia Opinion Summary: Petitioner was convicted in Iowa state court of first degree murder. After the district court dismissed his 28 U.S.C. 2254 petition as untimely, the court granted a certificate of appealability on whether his petition…
Date: February 24, 2017
Docket Number: 16-1266
Justia Opinion Summary: Defendant pleaded guilty to one count of sex trafficking a minor and was sentenced to 293 months in prison. In this case, the court found that officers had a good faith belief that exigent circumstances justified the…
Date: February 24, 2017
Docket Number: 16-6029
Justia Opinion Summary: Leigh Murphy d/b/a Murphy Cattle Co. appealed the bankruptcy court's orders holding that Sweetwater's lien in certain cattle was superior to Murphy's rights as an unpaid seller of the cattle. The panel concluded that the…
Date: February 22, 2017
Docket Numbers: 15-3538, 15-3851
Justia Opinion Summary: Plaintiff and eight others filed a class action against Anheuser-Busch under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. Plaintiffs are participants in the Anheuser-Busch salaried employee…
Date: February 22, 2017
Docket Numbers: 15-3649, 15-3652
Justia Opinion Summary: Defendant appealed his conviction for multiple crimes related to child pornography. The court concluded that the district court properly denied defendant's motion to suppress where law enforcement officials had probable…
Date: February 22, 2017
Docket Number: 15-3954
Justia Opinion Summary: Defendant was civilly committed under 18 U.S.C. 4243 after he was found not guilty by reason of insanity of false personation of a federal officer. On appeal, defendant challenged the district court's order denying him…
Date: February 22, 2017
Docket Number: 16-1416
Justia Opinion Summary: Defendant pleaded guilty to one count of bank fraud and one count of money laundering. On appeal, the government challenged defendant's sentence of twelve months and one day of imprisonment on each count, to run…
Date: February 22, 2017
Docket Number: 16-1884
Justia Opinion Summary: Defendant pled guilty to possession of a firearm and was sentenced to 60 months in prison, followed by three years of supervised release. The court concluded that defendant's sentence was substantively reasonable where…
Date: February 22, 2017
Docket Number: 16-1970
Justia Opinion Summary: Defendant appealed the revocation of his supervised release and commitment to the Bureau of Prisons for 8 months followed by one year of supervised release. Defendant, while on a previous term of supervised release, left…
Date: February 21, 2017
Docket Number: 16-1807
Justia Opinion Summary: Ramon Mendoza, a naturalized United States citizen, challenged the district court's grant of summary judgment for ICE agent Justin Osterberg, the County, the County employees, and Sheriff Davis on numerous claims based…
Date: February 17, 2017
Docket Number: 15-3694
Justia Opinion Summary: Plaintiff and his corporate entity, Marken, Inc., filed suit alleging that FedEx breached contractual duties, engaged in fraud, and violated North Dakota's Franchise Investment Law, N.D.C.C. 51-19-02(5)(a), and Racketeer…
Date: February 17, 2017
Docket Number: 16-1317
Justia Opinion Summary: Debtor challenges the district court's affirmance of the dismissal of its small business Chapter 11 bankruptcy. The court explained that the bankruptcy court's feasibility concerns would have existed even had debtor…
Date: February 17, 2017
Docket Number: 16-2355
Justia Opinion Summary: Defendant was convicted of production of child pornography and was sentenced to 354 months in prison. On appeal, defendant challenged the denial of his motion to suppress the evidence and the district court's application…
Date: February 16, 2017
Docket Number: 15-3149
Justia Opinion Summary: Petitioner and her infant son, natives and citizens of Honduras, seek review of the BIA's order dismissing their appeal of the IJ's decision denying asylum, withholding of removal, and relief under the Convention Against…
Date: February 16, 2017
Docket Number: 15-3656
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging violations of his constitutional and statutory rights by defendants. Plaintiff also sought certification of a class action suit against the United States Attorney…
Date: February 16, 2017
Docket Number: 15-3952
Justia Opinion Summary: Defendant was ordered to pay restitution of almost $500,000 after he pled guilty to bank fraud and aggravated identity theft. The court concluded that, although the district court missed the 90-day deadline, the district…
Date: February 16, 2017
Docket Numbers: 16-1681, 16-1740, 16-1743
Justia Opinion Summary: This class action against Wells Fargo involved claims related to the bank's practice of automatically ordering and charging fees for property inspections when customers fell behind on their mortgage payments. On appeal,…
Date: February 15, 2017
Docket Number: 16-2482
Justia Opinion Summary: Defendant appealed his 120 month sentence after pleading guilty to being a felon and unlawful user in possession of a firearm and ammunition. The government conceded that defendant's Iowa third-degree burglary conviction…
Date: February 14, 2017
Docket Number: 15-3986
Justia Opinion Summary: Defendant appealed his 300 month sentence after pleading guilty to production of child pornography, receipt of child pornography, and possession of child pornography. The court explained that grouping of the counts was…
Date: February 14, 2017
Docket Number: 16-1490
Date: February 13, 2017
Docket Number: 15-2855
Justia Opinion Summary: After a surgical procedure was performed on Elliot Kaplan as a result of a misdiagnosis, the Kaplans filed suit against Mayo for medical malpractice, breach of contract, lack of informed consent, and loss of consortium.…
Date: February 13, 2017
Docket Numbers: 15-3191, 15-3286
Justia Opinion Summary: Plaintiffs filed a class action against TMBC, challenging TMBC's nationwide practice of charging a document fee when selling boats and trailers under form contracts governed by Missouri law. The district court approved…
Date: February 13, 2017
Docket Number: 15-3772
Justia Opinion Summary: Defendant appealed his 108 month sentence, arguing that the district court gave significant weight to an improper factor in determining his sentence. In this case, the court explained that it need not decide the…
Date: February 13, 2017
Docket Number: 16-1518
Justia Opinion Summary: After the Iowa State University (ISU) student chapter of the National Organization for the Reform of Marijuana Laws (NORML ISU) had several of its trademark licensing requests denied because its designs included a…
Date: February 8, 2017
Docket Number: 16-1440
Justia Opinion Summary: Defendant appealed his conviction and 18 month sentence for making a threatening communication. The court rejected defendant's claim that the government repeatedly committed prosecutorial misconduct during closing…
Date: February 8, 2017
Docket Number: 16-1694
Justia Opinion Summary: Plaintiffs filed a class action against Wells Fargo in 2008, alleging claims related to Wells Fargo's practice of automatically ordering and charging fees for property inspections when customers fell behind on their…
Date: February 7, 2017
Docket Number: 15-3264
Justia Opinion Summary: Plaintiff filed suit against the Civic Center and the City after his lease for a concession stand was terminated and his property was seized. Plaintiff alleged municipal liability based on the decision of the…
Date: February 7, 2017
Docket Number: 15-3465
Justia Opinion Summary: Plaintiff filed suit against defendants under 42 U.S.C. 1983, alleging, inter alia, excessive force after a police officer, Robert Hinman, shot him. The district court granted summary judgment to Officer Hinman, Chief…
Date: February 7, 2017
Docket Number: 15-3514
Justia Opinion Summary: Plaintiffs, 92 investors in a Ponzi scheme called the British Lending Program (BLP), filed suit against PNC, alleging, among other things, (1) violations of Missouri's Uniform Fiduciaries Law (UFL); (2) aiding and…
Date: February 7, 2017
Docket Number: 15-3975
Justia Opinion Summary: Adam Fetzer, a delivery driver for the Papa John's restaurant chain, was killed in a car accident in the course of his employment when another driver ran a red light and struck his vehicle. Mary Hegel, the personal…
Date: February 7, 2017
Docket Number: 16-1735
Justia Opinion Summary: The city entered into an agreement with Acciona, a manufacturer and installer of wind generation systems, where Acciona would expand its business in West Branch if the city would consider rebating a portion of Acciona's…
Date: February 7, 2017
Docket Number: 16-1900
Justia Opinion Summary: After he was injured, an ARI employee filed a civil suit against ARI and was awarded over $1.5 million in damages. ARI then sought insurance coverage against Hartford. The district court granted summary judgment for…
Date: February 7, 2017
Docket Number: 16-6021
Justia Opinion Summary: The Department challenges the bankruptcy court's determination that debtor's student loans are dischargeable based on undue hardship under 11 U.S.C. 523(a)(8). The bankruptcy appellate panel concluded that there is no…
Date: February 6, 2017
Docket Number: 16-1977
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm. The court concluded that the district court did not clearly err in applying a four-level sentencing enhancement under…
Date: February 3, 2017
Docket Number: 16-1484
Justia Opinion Summary: Plaintiffs filed a class action against Wells Fargo, alleging claims related to Wells Fargo's practice of automatically ordering and charging fees for drive-by property inspections when customers fell behind on their…
Date: February 2, 2017
Docket Number: 15-3855
Justia Opinion Summary: The government sought to revoke defendant's supervised release based on his possession of cocaine and for sexual assault. Defendant challenged the district court's refusal to redact or amend certain paragraphs in the…
Date: February 2, 2017
Docket Number: 15-3976
Justia Opinion Summary: This appeal stems from a class action settlement where Life Time agreed to pay $10-15 million to settle claims that the company violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. Objector challenges…
Date: February 2, 2017
Docket Number: 16-1340
Justia Opinion Summary: Defendant appealed his conviction for assault resulting in serious bodily injury and child abuse. The court concluded that the evidence was sufficient to support defendant's convictions. The court also concluded that the…
Date: February 2, 2017
Docket Number: 16-1696
Justia Opinion Summary: Defendant was convicted of three counts of conspiring to distribute, distributing, and aiding and abetting the distribution of heroin; and one count of being a felon in possession of a firearm. On appeal, defendant…
Date: February 2, 2017
Docket Number: 16-1801
Justia Opinion Summary: Plaintiff filed suit against the Department of Corrections and related parties after he injured himself while using industrial equipment in the workshop of a Minnesota correctional facility. The district court dismissed…
Date: February 1, 2017
Docket Numbers: 15-3909, 15-3912, 16-1203, 16-1245, 16-1408
Justia Opinion Summary: These consolidated appeals stem from a class action suit against Target after the retailer announced a security breach by third-party intruders that compromised the payment card data and personal information of millions…
Date: February 1, 2017
Docket Number: 16-1700
Justia Opinion Summary: After defendant pled guilty to being a felon in possession of a firearm, he appealed the denial of his motion to suppress the firearm found in a rental car. The court concluded that defendant did not establish a…
Date: January 31, 2017
Docket Number: 15-3575
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, against Regents and the University, seeking damages and injunctive relief after he was discharged based on sexual harassment allegations. The court concluded that because…
Date: January 31, 2017
Docket Number: 15-3936
Justia Opinion Summary: Hiland filed suit against National Union, alleging that National Union had a duty to defend and indemnify it in connection with a lawsuit arising from an explosion at its natural gas processing facility. The district…
Date: January 31, 2017
Docket Number: 16-1853
Justia Opinion Summary: Defendant appealed his 121 month sentence and conviction for possessing child pornography. The court concluded that defendant's conditions of release, which he proposed, expressly authorized the warrantless searches of…
Date: January 31, 2017
Docket Number: 16-3080
Date: January 27, 2017
Docket Number: 16-1736
Justia Opinion Summary: ACI filed suit seeking a declaratory judgment that it amended and terminated a Licensing Agreement, thus ending ACI’s obligation to make royalty payments to Churchill. Churchill counterclaimed for breach of contract. The…
Date: January 26, 2017
Docket Number: 16-1065
Justia Opinion Summary: Plaintiff filed suit against Chipotle, alleging claims under the Minnesota Human Rights Act (MHRA), Minn. State. 363A et seq., for reprisal, age discrimination, and sexual orientation discrimination. On appeal,…
Date: January 25, 2017
Docket Numbers: 16-1834, 16-1835
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against defendants for unlawful arrest and excessive force. The district court denied summary judgment on the basis of qualified immunity for Defendants Hansen, Dirkes, and…
Date: January 24, 2017
Docket Number: 16-1218
Justia Opinion Summary: Defendant appealed his 135 month sentence and restitution after pleading guilty to one count of possessing child pornography. Defendant possessed over 600 images and videos of child pornography, including depictions of…
Date: January 24, 2017
Docket Number: 16-6028
Justia Opinion Summary: Debtors challenge the bankruptcy court's order and decision sustaining the trustee's objection to debtors' claimed homestead exemption. 11 U.S.C. 522(o) requires the bankruptcy court to determine the extent to which the…
Date: January 23, 2017
Docket Number: 16-2791
Justia Opinion Summary: Diversified filed suit seeking a declaratory judgment that the Interstate Income Act (IIA), 15 U.S.C. 381, deprives Ohio of jurisdiction to assess and collect the Commercial Activity Tax (CAT) on Diversified's sales of…
Date: January 20, 2017
Docket Number: 15-2694
Justia Opinion Summary: Defendant appealed his conviction for transporting, producing, and attempting to produce child pornography and with possessing one or more computer files and other matter containing child pornography, all after having…
Date: January 19, 2017
Docket Number: 16-1560
Justia Opinion Summary: After plaintiff was released from a twenty-year period of commitment when a jury found him responsible by reason of insanity, he filed suit against various psychologists, psychiatrists, and other employees, alleging…
Date: January 19, 2017
Docket Number: 16-1760
Justia Opinion Summary: Semmie John Guenther, Jr., filed an administrative charge with the EEOC, alleging that his former employer, Griffin Construction, discriminated against him on the basis of his disability, in violation of the Americans…
Date: January 19, 2017
Docket Number: 16-2006
Justia Opinion Summary: Plaintiffs filed suit challenging Mo. Rev. Stat. 311.070.4(10) and its regulations, which detail the information alcohol manufacturers, wholesalers, distributors, and retailers can include in their advertisements.…
Date: January 18, 2017
Docket Number: 16-2730
Justia Opinion Summary: Petitioner, convicted of three counts of capital murder and sentenced to death, challenges the district court's order denying his motion to reopen a final judgment dismissing his habeas corpus application as untimely.…
Date: January 17, 2017
Docket Number: 16-1046
Justia Opinion Summary: Plaintiffs, detainees at the Cole County Detention Center, filed two putative class actions, one for current detainees and one for former ones, alleging that the laundry policy violates the Eighth and Fourteenth…
Date: January 17, 2017
Docket Number: 16-1095
Justia Opinion Summary: After defendant pleaded guilty to unlawful possession of a firearm, he was sentenced to the statutory maximum penalty of 120 months in prison. On appeal, defendant challenged his sentence and argued that the district…
Date: January 13, 2017
Docket Number: 15-3804
Justia Opinion Summary: Schnucks, a grocery store chain, filed suit against First Data, a credit card processor, and Citicorp, the acquiring bank for its credit transactions. Schnucks brought declaratory judgment and breach of contract claims,…
Date: January 12, 2017
Docket Number: 15-3573
Justia Opinion Summary: In the Original Action, Michelle Pratt filed a class action on behalf of residents of Autumn Hills against Collier and two other entities, alleging that two wells supplied by Autumn Hills contained contaminated water.…
Date: January 12, 2017
Docket Number: 16-1109
Justia Opinion Summary: The government challenges the district court's grant of defendant's motion to suppress physical evidence obtained as a result of a warrant search of defendant's home. The court concluded that the district court committed…
Date: January 11, 2017
Docket Number: 15-3292
Justia Opinion Summary: PCMA filed suit seeking a declaration that the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., expressly preempts section 510B.8 of the Iowa Code. Iowa Code 510B.8 regulates how pharmacy…
Date: January 11, 2017
Docket Number: 15-3324
Justia Opinion Summary: JEI filed suit against its liability insurance carrier, U.S. Specialty, alleging breach of contract and seeking a declaratory judgment related to U.S. Specialty's refusal to indemnify JEI for settlement of the underlying…
Date: January 10, 2017
Docket Number: 15-3739
Justia Opinion Summary: After defendant pleaded guilty to unlawful possession of a firearm as a previously convicted felon, he was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), based on his four qualifying prior…
Date: January 10, 2017
Docket Number: 15-3787
Justia Opinion Summary: The district court sentenced defendant to 22 months imprisonment to be followed by 1 year of supervised release, imposing three special conditions of supervised release. Special Condition 4 prohibits defendant from…
Date: January 6, 2017
Docket Number: 15-3723
Justia Opinion Summary: ACI was the company that manufactured and supplied roofing materials used in the construction of the high school building at issue here. The District filed suit against ACI, alleging that the building’s roof was not…
Date: January 6, 2017
Docket Number: 16-1260
Justia Opinion Summary: Defendant was convicted of three counts of kidnapping, and three counts of assault resulting in serious bodily injury. The court concluded that the district court did not err by instructing the jury on assault resulting…
Date: January 6, 2017
Docket Number: 16-6023
Justia Opinion Summary: After the bankruptcy court held that a Minnesota property tax refund under Minn. Stat. Ann. 290A.04 is not exempt under Section 550.37 (Subd. 14) of the Minnesota statutes as “government assistance based on need,”…
Date: January 6, 2017
Docket Number: 16-6024
Justia Opinion Summary: The bankruptcy court granted summary judgment for the Department of Labor and declared that debtor's debt is nondischargeable under 11 U.S.C. 523(a)(4). Debtor appeals. The Department had obtained a pre-bankruptcy…
Date: January 4, 2017
Docket Number: 15-3103
Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, filed an untimely motion to reopen his removal proceedings. In this case, petitioner failed to demonstrate that his relatives' deaths in 2010 and 2011 reflected changed…
Date: January 4, 2017
Docket Number: 15-3445
Justia Opinion Summary: Defendant appealed his sentence and conviction for possession of a firearm by a felon and unlawful drug user. The court rejected defendant's contention that the district court abused its discretion by allowing the…
Date: January 4, 2017
Docket Number: 15-3784
Justia Opinion Summary: Defendant pled guilty to filing a false income tax return and agreed to pay restitution to eight victims. On appeal, defendant claims that the length of her prison sentence was influenced by race or national origin (both…
Date: January 4, 2017
Docket Number: 15-3985
Justia Opinion Summary: Plaintiffs filed suit against Bank of America, alleging that Bank of America failed to provide necessary disclosures in violation of the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq. The district court agreed with…
Date: January 4, 2017
Docket Number: 16-1524
Justia Opinion Summary: Defendant seeks to appeal an order denying his motion to dismiss an indictment charging him with three counts of Hobbs Act robberies, in violation of 18 U.S.C. 1951, and one count of aiding and abetting the use of a…
Date: January 3, 2017
Docket Number: 15-3485
Justia Opinion Summary: Class plaintiffs, civilly committed sex offenders, filed suit against Minnesota state defendants, bringing a facial and as applied challenge to 42 U.S.C. 1983. Plaintiffs claim that their substantive due process rights…
Date: January 3, 2017
Docket Numbers: 15-3731, 16-3898
Justia Opinion Summary: Defendant was convicted of one count of aiding and abetting sex trafficking by force, fraud, or coercion; one count of aiding and abetting transportation with intent to engage in prostitution; and one count of being an…
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