2018 Eighth Circuit US Court of Appeals Case Law

Opinions 1 - 500 of 1157

United States v. Reichel  
Date: December 28, 2018
Docket Number: 17-2562

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for wire fraud, filing for bankruptcy for the purpose of executing a scheme to defraud, and making false statements in relation to bankruptcy proceedings.…

Michael Boyd v. Greg Rechcigl
Date: December 28, 2018
Docket Number: 17-2757
Njong v. Whitaker  
Date: December 28, 2018
Docket Number: 17-3460

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture. Petitioner,…

United States v. Gomez-Diaz  
Date: December 28, 2018
Docket Number: 18-1001

Justia Opinion Summary: Defendant appealed his conviction and sentence for producing child pornography. The Eighth Circuit held that the district court did not err in denying defendant's request for an instruction on the lesser-included offense…

Oetting v. Sosne  
Date: December 28, 2018
Docket Number: 18-1134

Justia Opinion Summary: The class representative of federal securities class actions appealed the dismissal of the unsecured creditor claim and amended claim he filed in the pending Chapter 7 bankruptcy proceeding of lead class counsel, Green…

Tim Axelson v. Randall Watson
Date: December 28, 2018
Docket Number: 18-1429
United States v. Amelia Spiotto
Date: December 27, 2018
Docket Number: 17-2916
United States v. Mathis  
Date: December 27, 2018
Docket Number: 17-3642

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not err in determining that defendant committed the Iowa…

Nuri Agreda Najera v. Matthew G. Whitaker
Date: December 27, 2018
Docket Number: 17-3722
Joshua Kochen v. Commissioner, Social Security
Date: December 27, 2018
Docket Number: 18-1155
Gayle Zimmerman v. Arkansas Dept of Finance
Date: December 27, 2018
Docket Number: 18-1443
Khalan Ellington v. Lacretia Flowers
Date: December 27, 2018
Docket Number: 18-1592
United States v. Matthew Fuller
Date: December 27, 2018
Docket Number: 18-1706
Rudy Stanko v. South Dakota State Brand Board
Date: December 26, 2018
Docket Number: 18-1791
United States v. Naholi  
Date: December 26, 2018
Docket Number: 18-2074

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of possession of a firearm by an alien unlawfully in the United States after having been previously convicted of a misdemeanor crime of domestic violence. The court held…

B&B Hardware, Inc. v. Hargis Industries, Inc.  
Date: December 21, 2018
Docket Numbers: 17-1570, 17-1755

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in favor of Hargis in an action brought by B&B, alleging a trademark infringement claim involving B&B's SEALTIGHT mark and Hargis' SEALTITE mark. The court found…

B&B Hardware, Inc. v. Hargis Industries, Inc.
Date: December 21, 2018
Docket Number: 17-1755
Avery Glass v. United States
Date: December 21, 2018
Docket Number: 17-2540
Organization for Competitive Markets v. U.S. Department of Agriculture  
Date: December 21, 2018
Docket Number: 17-3723

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the USDA's 2017 orders withdrawing an interim final rule and two proposed regulations promulgated under the Packers and Stockyards Act (PSA). The court held that the…

Tyson Walker v. Leann Bertsch
Date: December 21, 2018
Docket Number: 18-2529
United States v. Wisecarver  
Date: December 20, 2018
Docket Number: 17-3606

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after she pleaded guilty to second degree murder. The court held that the district court clearly considered potential sentence disparity and weighed the 18 U.S.C. 3553(a)…

United States v. Kendrick Dotstry
Date: December 20, 2018
Docket Number: 18-1088
Walker v. Commissioner, Social Security Administration  
Date: December 20, 2018
Docket Number: 18-1457

Justia Opinion Summary: The Eighth Circuit reversed and remanded the district court's denial of disability insurance benefits and supplemental security income to plaintiff. The court held that the ALJ failed to provide a good reason for…

Fabian Jackson v. United States
Date: December 19, 2018
Docket Number: 17-1623
Kirklin v. Joshen Paper & Packaging of Arkansas Co.  
Date: December 19, 2018
Docket Number: 17-1935

Justia Opinion Summary: Plaintiff filed suit against his former employer for race and age discrimination under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Arkansas Civil Rights Act, and for promissory…

Lipp v. Cargill Meat Solutions Corp.  
Date: December 19, 2018
Docket Number: 17-2152

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Cargill in an action alleging that the company discriminated against a former employee in violation of the Americans with Disabilities Act…

D. Christian Wise v. Mayo Clinic Rochester
Date: December 19, 2018
Docket Number: 17-2870
Rodney Jones v. Eddie Hartline
Date: December 19, 2018
Docket Number: 18-1214
Adkins v. Commissioner, Social Security Administration  
Date: December 19, 2018
Docket Number: 18-1323

Justia Opinion Summary: The district court affirmed the denial of social security disability benefits to claimant, holding that substantial evidence supported the ALJ's finding that claimant had the residual functional capacity to perform…

United States v. Danny Dumas
Date: December 18, 2018
Docket Number: 17-2560
United States v. Gregory Donner
Date: December 18, 2018
Docket Number: 17-3397
United States v. Betts  
Date: December 18, 2018
Docket Number: 17-3592

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for one count of sex trafficking of a minor under the age of 18, one count of sex trafficking of a minor under the age of 14, and three counts of distribution of crack…

Brian Doe v. Pleasant Valley School Dist.
Date: December 18, 2018
Docket Number: 18-1103
Joel Munt v. MN Department of Corrections
Date: December 18, 2018
Docket Number: 18-1844
Michelle Stringfield v. Cosentino's Food Stores
Date: December 18, 2018
Docket Number: 18-1925
United States v. Ackerley  
Date: December 17, 2018
Docket Number: 16-4273

Justia Opinion Summary: The Eighth Circuit enforced defendant's waiver appeal and dismissed her appeal, rejecting her claim that the government breached the plea agreement because it provided her self-incriminating proffered statements to the…

United States v. Williams  
Date: December 17, 2018
Docket Number: 17-3040

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute and possess with intent to distribute marijuana, interference with commerce by robbery (or a Hobbs Act robbery), using and…

United States v. Venito Johnson
Date: December 14, 2018
Docket Number: 17-2942
United States v. Derek Hines
Date: December 14, 2018
Docket Number: 17-3187
United States v. Davenport  
Date: December 14, 2018
Docket Number: 17-3496

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for two counts of sexual exploitation of a child and production of child pornography, as well as one count of possession of child pornography. The court…

United States v. Marvis Ballard
Date: December 14, 2018
Docket Number: 17-3512
United States v. Magali Marroquin
Date: December 14, 2018
Docket Number: 17-3541
Naren Chaganti v. CIR
Date: December 14, 2018
Docket Number: 17-3804
Olin v. Dakota Access, LLC  
Date: December 13, 2018
Docket Number: 17-3418

Justia Opinion Summary: A group of landowners filed suit against Dakota Access, alleging that they were induced to sign easement contracts allowing construction of the Dakota Access Pipeline across their properties based on various…

United States v. Jacky Xiong
Date: December 13, 2018
Docket Number: 17-3590
Alaa E. Elkharwily, M.D. v. Mayo Health System
Date: December 13, 2018
Docket Number: 17-3746
Joseph May v. United States
Date: December 13, 2018
Docket Number: 18-1411
United States v. Dewayne Cornelius
Date: December 13, 2018
Docket Number: 18-1566
United States v. Darden  
Date: December 12, 2018
Docket Number: 17-2435

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to reduce his sentence under Amendment 782. In this case, the district court determined that defendant was eligible for a reduced sentence…

United States v. Lomax  
Date: December 12, 2018
Docket Number: 17-2925

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to distribution of methamphetamine, possession of an unregistered destructive device, and being a felon in possession of a firearm. The court held…

United States v. Shine  
Date: December 12, 2018
Docket Number: 17-3119

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence for being a felon in possession of a firearm. The court held that the district court did not err in treating defendant's prior Missouri conviction for attempted…

United States v. Buck Otto White
Date: December 12, 2018
Docket Number: 17-3340
Gutierrez Molina v. Whitaker  
Date: December 12, 2018
Docket Number: 17-3688

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's order denying their claims for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court held that even if the IJ…

Park Irmat Drug Corp. v. Express Scripts Holding Co.  
Date: December 12, 2018
Docket Number: 18-1628

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of Irmat's complaint against Express Scripts, alleging various contract claims, a promissory estoppel claim, and violations of federal antitrust laws and state…

United States v. Richard McFee
Date: December 11, 2018
Docket Number: 17-1391
United States v. Patricia Webb
Date: December 11, 2018
Docket Number: 17-2109
United States v. Elio Rodriguez
Date: December 11, 2018
Docket Number: 17-2386
United States v. Lorenzo Manning
Date: December 11, 2018
Docket Number: 17-2639
Tyler Reynolds v. Jay Nelson
Date: December 11, 2018
Docket Number: 17-2686
United States v. Jody Hughlette
Date: December 11, 2018
Docket Number: 17-3110
United States v. Konrad Swimmer
Date: December 11, 2018
Docket Number: 17-3235
United States v. Smith  
Date: December 11, 2018
Docket Number: 18-1345

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for receipt of visual depictions of minors engaging in sexually explicit conduct and possession of child pornography. The court held that the evidence was…

Dale Bryant v. Nurse Denham
Date: December 11, 2018
Docket Number: 18-1440
Leroy Hayes, Jr. v. City of Saint Paul
Date: December 11, 2018
Docket Number: 18-1570
Williams v. Medalist Golf, Inc.  
Date: December 11, 2018
Docket Number: 18-1652

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Medalist in an action seeking damages for breach of contract and promissory estoppel. Plaintiff operates Cane Creek, which supplies, grows,…

United States v. Patrick Brigaudin
Date: December 11, 2018
Docket Number: 18-1702
United States v. Leah Binney
Date: December 11, 2018
Docket Number: 18-2002
United States v. Ronald Mockelman
Date: December 11, 2018
Docket Number: 18-2176
United States v. Dereck Meyer
Date: December 11, 2018
Docket Number: 18-2249
United States v. Pope  
Date: December 10, 2018
Docket Number: 18-1264

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he pleaded guilty to being a felon in possession of a firearm. The court held that the officer had reasonable…

Hustvet v. Allina Health System  
Date: December 7, 2018
Docket Number: 17-2963

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to Allina in an action brought by a former employer under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA),…

Guadalupe Espinosa Garcia v. Matthew G. Whitaker
Date: December 7, 2018
Docket Number: 17-3563
Stuart v. State Farm Fire and Casualty Co.  
Date: December 6, 2018
Docket Number: 16-3784

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order certifying a class of Arkansas homeowners who alleged that State Farm improperly withheld amounts for labor depreciation when making payments under their insurance…

Postawko v. Missouri Department of Corrections  
Date: December 6, 2018
Docket Number: 17-3029

Justia Opinion Summary: Plaintiffs sought class certification for their claims alleging that the MDOC and other related defendants violated the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA) by providing inadequate…

United States v. Justin Halter
Date: December 6, 2018
Docket Number: 17-3044
Mau v. Twin City Fire Insurance Co.  
Date: December 6, 2018
Docket Number: 17-3392

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of Twin City's cross-motion for summary judgment, finding that Twin City did not owe Robert Mau or EWS a duty to defend under a Twin City insurance policy. Applying…

Leirer v. Procter & Gamble Disability Benefit Plan  
Date: December 6, 2018
Docket Number: 17-3426

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Proctor and Gamble in an action brought by an employee under the Employee Retirement Income Security Act (ERISA) after his disability…

Camacho v. Whitaker  
Date: December 6, 2018
Docket Number: 17-3713

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's motion to reconsider the BIA's previous order denying him a discretionary adjustment of status. The court noted that it had…

Latanya Blevins v. AT&T Services, Inc.
Date: December 6, 2018
Docket Number: 18-1107
United States v. Polite  
Date: December 6, 2018
Docket Number: 18-1752

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he conditionally pleaded guilty to being an unlawful user of a controlled substance in possession of a firearm. The…

United States v. Donnell Draper
Date: December 6, 2018
Docket Number: 18-1784
Frakes v. Arch Coal, Inc.  
Date: December 6, 2018
Docket Number: 18-6020

Justia Opinion Summary: The Bankruptcy Appellate Panel dismissed appellants' appeal of the bankruptcy court's denial of their "Amended Motion for Determination that Confirmation Order Does Not Bar a State Court Action Relating to the…

Jerry Deloney v. William Hallack, Jr.
Date: December 4, 2018
Docket Number: 17-3170
Anteria Pratt v. Commissioner, Social Security
Date: December 4, 2018
Docket Number: 18-1510
United States v. Jerrell Henderson
Date: December 3, 2018
Docket Number: 17-2733
United States v. Keashia Davis
Date: December 3, 2018
Docket Number: 17-3030
United States v. Gatwas  
Date: December 3, 2018
Docket Number: 17-3683

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for seven counts of aggravated identity theft stemming from his involvement in preparing personal income tax returns for his clients that obtained inflated refunds by…

Denson v. Steak 'n Shake, Inc.  
Date: December 3, 2018
Docket Number: 18-1039

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order granting Steak 'n Shake's motion for summary judgment on plaintiff's Americans with Disabilities (ADA) discrimination claim and his Missouri Workers' Compensation…

Rocky Thomas Traversie v. Matthew Starr
Date: December 3, 2018
Docket Number: 18-1342
Westridge Place Apartments LP v. Veronica Delph
Date: December 3, 2018
Docket Number: 18-1817
United States v. Reddick  
Date: November 30, 2018
Docket Number: 17-2741

Justia Opinion Summary: Blytheville police responded to a call. The suspect fled his vehicle on foot. A crowd gathered. While Officer Dannar was securing the scene, a man (Reddick) approached. Dannar told him to stop, stating, “the car, you’re…

United States v. Michael  
Date: November 30, 2018
Docket Number: 17-3346

Justia Opinion Summary: In 2016, Michael, age 35, pled guilty to possession of child pornography. The court determined that his sentencing guideline range was 97-120 months’ imprisonment. The prosecutor recommended a term of 40 months. A…

United States v. Murray  
Date: November 29, 2018
Docket Number: 17-2568

Justia Opinion Summary: Murray left a store and joined Robinson, who was arguing with the occupants of a van. The driver opened fire. Murray pulled out a handgun and returned fire. Murray was hit fell to the ground. Robinson picked up Murray’s…

Jorge Jimenez-Vielma v. Matthew G. Whitaker
Date: November 29, 2018
Docket Number: 17-3344
United States v. Todd McDonald
Date: November 29, 2018
Docket Number: 18-1775
Nelson v. United States  
Date: November 28, 2018
Docket Number: 15-3160

Justia Opinion Summary: In 2001, Nelson pled guilty to the kidnapping and unlawful interstate transportation of Pamela for the purpose of sexual abuse which resulted in her death. The government dropped a charge traveling across state lines…

Henderson v. City of Woodbury  
Date: November 28, 2018
Docket Number: 17-1385

Justia Opinion Summary: Henderson, a 19-year-old black man, was attending a party at a Woodbury, Minnesota Red Roof Inn. Without warning, another young black male, Ballinger, pulled a gun, robbed the other guests, including Mark, and held them…

Calzone v. Hagan  
Date: November 28, 2018
Docket Number: 17-2654

Justia Opinion Summary: An unpaid lobbyist unsuccessfully sued to enjoin enforcement of Mo. Rev. Stat. Sections 105.470 and 105.473 which require lobbyists to register and report certain activities. The Eighth Circuit affirmed. The district…

United States v. Mayfield  
Date: November 28, 2018
Docket Number: 17-3211

Justia Opinion Summary: A Nebraska jury convicted Mayfield, a California resident, of conspiracy to distribute and possess with intent to distribute methamphetamine (21 U.S.C. 841(a)(1), 841(b)(1)(A), and 846). The district court imposed the…

Moore-Jones v. Quick  
Date: November 28, 2018
Docket Number: 18-1045

Justia Opinion Summary: Moore-Jones passed Arkansas State Trooper Quick’s marked police car. Quick checked and found her registration was expired and began a traffic stop, which was recorded on his dash-cam. Quick pulled behind Moore-Jones,…

United States v. Darrell Givens
Date: November 28, 2018
Docket Number: 18-1218
United States v. Reggs  
Date: November 27, 2018
Docket Number: 17-2133

Justia Opinion Summary: Reggs and two others robbed a Minneapolis store, Reggs pleaded guilty to aiding and abetting a robbery that interfered with commerce and aiding and abetting the discharge of a firearm during that robbery. In calculating…

United States v. Wilkins  
Date: November 27, 2018
Docket Number: 17-2258

Justia Opinion Summary: Wilkins committed multiple violations of his supervised release, including an assault on his wife. The district court revoked Wilkins’s supervised release and sentenced him to 12 months’ imprisonment with three years’…

United States v. Jackson  
Date: November 27, 2018
Docket Number: 17-2598

Justia Opinion Summary: Jackson pled guilty to conspiracy to possess with intent to distribute 100 grams or more of heroin, 21 U.S.C. 841(a)(1), (b)(1)(B), and 846 and two counts of felon in possession of a firearm, 18 U.S.C. 922(g)(1). The…

United States v. Coleman  
Date: November 27, 2018
Docket Number: 17-2644

Justia Opinion Summary: Phillips, who resided with Coleman, called 911, stating that Coleman had punched her and had a gun. North Little Rock Officer Crowder responded, finding Phillips outside the residence with facial injuries. Phillips…

Barr v. Pearson  
Date: November 27, 2018
Docket Number: 17-3786

Justia Opinion Summary: Missouri inmate Barr filed suit under 42 U.S.C. 1983 alleging that state-contracted health care providers violated the Eighth Amendment when they stopped administering his multiple sclerosis medication. Barr’s medical…

United States v. Dominic Pearson
Date: November 27, 2018
Docket Number: 18-1576
United States v. Brandon Vazquez
Date: November 27, 2018
Docket Number: 18-2137
United States v. Escobar  
Date: November 26, 2018
Docket Numbers: 17-1014, 17-1170, 17-1172, 17-1018, 17-1059

Justia Opinion Summary: Escobar, Jackson, and Cruz were convicted of federal crimes related to a methamphetamine distribution operation; Rojas-Andrade and Garcia pleaded guilty. The Eighth Circuit affirmed the convictions and their sentences of…

United States v. Walter Escobar
Date: November 26, 2018
Docket Number: 17-1018
United States v. Walter Escobar
Date: November 26, 2018
Docket Number: 17-1059
United States v. Walter Escobar
Date: November 26, 2018
Docket Number: 17-1170
United States v. Walter Escobar
Date: November 26, 2018
Docket Number: 17-1172
United States v. Lopez-Zuniga  
Date: November 26, 2018
Docket Number: 17-3261

Justia Opinion Summary: The Minnesota Bureau of Criminal Apprehension obtained a state court warrant to place a GPS tracker on Lopez-Zuniga's car for 60 days. The officer provided an affidavit detailing a drug investigation into Garcia-Jimenez,…

Robert Cornell v. Karen Anderson
Date: November 26, 2018
Docket Number: 18-1038
United States v. Allen Stevens
Date: November 26, 2018
Docket Number: 18-1660
United States v. Darrell Ratliff
Date: November 21, 2018
Docket Number: 17-3361
Joel Gomez Andrade v. Matthew G. Whitaker
Date: November 21, 2018
Docket Number: 18-1181
Stoebner v. Opportunity Finance, LLC  
Date: November 20, 2018
Docket Number: 17-1097

Justia Opinion Summary: The bankruptcy trustee filed suit against Opportunity Finance and DZ Bank, seeking to avoid as fraudulent transfers under the Minnesota Uniform Fraudulent Transfer Act (MUFTA) over $250 million in loan payments made to…

United States v. Binkholder  
Date: November 20, 2018
Docket Number: 17-2688

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence on remand for convictions related to his involvement in a fraudulent real estate investment scheme. The court held that the district court's determination that M.U. was a…

United States v. Gregory Swecker
Date: November 20, 2018
Docket Number: 18-1007
Page v. National Collegiate Student Loan Trust  
Date: November 20, 2018
Docket Number: 18-6011

Justia Opinion Summary: The Bankruptcy Appellate Panel reversed the district court's denial of debtor's motion for summary judgment seeking a discharge of her NCSLT debt under 11 U.S.C. 523(a)(8). The panel held that the district court made…

United States v. Marlon Quarles
Date: November 19, 2018
Docket Number: 17-3015
United States v. Tamarra Washington
Date: November 19, 2018
Docket Number: 17-3124
United States v. Harris  
Date: November 19, 2018
Docket Number: 17-3341

Justia Opinion Summary: The Eighth Circuit vacated defendant's 175 month sentence for conspiracy to distribute heroin. The court held that the district court clearly erred in including 17.5 grams of cocaine base in determining his base offense…

United States v. Kemp  
Date: November 16, 2018
Docket Number: 17-3098

Justia Opinion Summary: The Eighth Circuit affirmed defendant's resentence on both an Armed Career Criminal Act (ACCA) conviction and his drug trafficking conviction. The court held that, although the district court committed procedural err by…

United States v. Cottier  
Date: November 16, 2018
Docket Number: 17-3690

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for second degree murder and related charges. The court held that the evidence was sufficient to support the second degree murder count; the district court…

United States v. Jaysen Lane Heyer
Date: November 16, 2018
Docket Number: 18-1438
United States v. Perry  
Date: November 15, 2018
Docket Number: 17-3236

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for possessing a gun and ammunition as a felon. The court held that the district court did not clearly err in denying defendant's motion to suppress bullets…

Baouch v. Werner Enterprises, Inc.  
Date: November 14, 2018
Docket Number: 17-1661

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of a class action brought by over 52,000 experienced and student over-the-road truck drivers, alleging claims under federal and state wage and hour laws. The…

Barton v. Ledbetter  
Date: November 14, 2018
Docket Number: 17-2835

Justia Opinion Summary: Plaintiff filed suit alleging that a county deputy was deliberately indifferent to Jeffry Alan Barton's serious medical needs and that the county jail administrator failed to adequately train or supervise the deputy.…

Jamie Gammage v. Commissioner, Social Security
Date: November 14, 2018
Docket Number: 18-1292
EEOC v. North Memorial Health Care  
Date: November 13, 2018
Docket Number: 17-2926

Justia Opinion Summary: The EEOC filed suit alleging that North Memorial violated 42 U.S.C. 2000e-3(a), by unlawfully retaliating against an employee. The district court granted summary judgment for North Memorial and dismissed the claim,…

United States v. Randle Hughley
Date: November 13, 2018
Docket Number: 17-3144
United States v. Gustavo Gutierrez Hernandez
Date: November 13, 2018
Docket Number: 18-1171
Hayes v. Metropolitan Property & Casualty Insurance  
Date: November 9, 2018
Docket Numbers: 17-3005, 17-3064

Justia Opinion Summary: The Eighth Circuit affirmed the district court's entry of judgment for the insured in a dispute over property coverage of a building that was destroyed by fire. The court held that the district court correctly entered…

Eric Hayes v. Metro Property & Casualty
Date: November 9, 2018
Docket Number: 17-3064
Croyle v. United States  
Date: November 9, 2018
Docket Number: 17-3561

Justia Opinion Summary: Plaintiff, by his parent and legal guardian, filed suit against the United States for negligence and negligent supervision, alleging that the Government knew or should have known of the sexual abuse history of a priest…

Lariat Companies, Inc. v. Wigley  
Date: November 9, 2018
Docket Number: 18-6004

Justia Opinion Summary: The Bankruptcy Appellate Panel vacated the bankruptcy court's order allowing Lariat's claim against debtor in the reduced amount of $308,805.00. The panel held that Lariat's predicate claim had been satisfied and Lariat…

Roger Lemaster v. Wendy Kelley
Date: November 8, 2018
Docket Number: 17-2553
Giles v. St Luke's Northland-Smithville  
Date: November 8, 2018
Docket Number: 17-2856

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Saint Luke's in an employment discrimination action. The court held that the district court did not abuse its discretion in denying…

United States v. Nikolai Monastyrski
Date: November 8, 2018
Docket Number: 18-1125
Jacob Taylor v. Felicia Robinson
Date: November 8, 2018
Docket Number: 18-1250
Electa Branch v. Matthew Cox
Date: November 8, 2018
Docket Number: 18-1360
Phyllis Hill v. AR Dept. of Human Services
Date: November 8, 2018
Docket Number: 18-1379
United States v. Michele McGee
Date: November 8, 2018
Docket Number: 18-1448
Adejumo v. United States  
Date: November 7, 2018
Docket Number: 16-3050

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's motion under 28 U.S.C. 2255 to vacate his sentence for bank fraud and aggravated identity theft. The court held that, even assuming petitioner's…

United States v. Evans  
Date: November 6, 2018
Docket Number: 17-2216

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for four offenses arising out of a bank robbery. The court held that the affidavit in support of search warrant was sufficient to establish probable cause…

United States v. Bagley  
Date: November 6, 2018
Docket Number: 17-2382

Justia Opinion Summary: The Eighth Circuit enforced an appeal waiver as to a criminal history challenge and vacated a restitution award. In this case, defendant stole a car at gunpoint, killed the dog that was inside the vehicle, and caused a…

Cheriese Kiddie v. Johnnie Copeland
Date: November 6, 2018
Docket Number: 17-2814
United States v. Clarett  
Date: November 6, 2018
Docket Number: 17-3057

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to commit, and use of a facility of interstate commerce in the commission of, murder for hire. The court held that the district court did not err by…

United States v. Lewis-Zubkin  
Date: November 6, 2018
Docket Number: 17-3411

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after she pleaded guilty to conspiracy to distribute methamphetamine. The court held that the district court did not clearly err by imposing a two-level enhancement under…

United States v. Robisdel Gonzalez-Abreu
Date: November 5, 2018
Docket Number: 16-4568
United States v. Harris  
Date: November 5, 2018
Docket Number: 17-2868

Justia Opinion Summary: The Eighth Circuit reversed defendant's sentence after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that defendant's prior second-degree domestic assault conviction in…

United States v. Shawn Leo Barth
Date: November 5, 2018
Docket Number: 17-3792
KeOndra Chestang v. Shermaine Trotter
Date: November 5, 2018
Docket Number: 18-1254
Michael Jefferson v. Thomas Leonard
Date: November 5, 2018
Docket Number: 18-1303
Ruth Richter v. Commissioner, Social Security
Date: November 5, 2018
Docket Number: 18-1682
Nash v. Commissioner, Social Security Administration  
Date: November 2, 2018
Docket Number: 17-1726

Justia Opinion Summary: The Eighth Circuit affirmed the denial of plaintiff's application for disability insurance benefits and supplemental security income. The court held that good reasons and substantial evidence supported the ALJ's…

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc.  
Date: November 2, 2018
Docket Numbers: 17-1762, 17-1869, 17-2712, 17-2731

Justia Opinion Summary: SMRI filed suit alleging that defendants, through their participation in the selling of Rushmore's unlicensed motorcycle rally-related products, had violated several provisions of the Lanham Act and related South Dakota…

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc.
Date: November 2, 2018
Docket Number: 17-1869
United States v. Tyrone Collins
Date: November 2, 2018
Docket Number: 17-2422
Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc.
Date: November 2, 2018
Docket Number: 17-2712
Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc.
Date: November 2, 2018
Docket Number: 17-2731
United States v. Ramirez-Jimenez  
Date: November 2, 2018
Docket Number: 17-3059

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction after he pleaded guilty to unlawful use of identification documents and was sentenced to time served in prison. Defendant alleged that defense counsel provided…

Gregory Swecker v. United States
Date: November 1, 2018
Docket Number: 18-1243
United States v. Raymon Harrison
Date: October 31, 2018
Docket Number: 18-1875
Lincoln Benefit Life v. Wilson  
Date: October 30, 2018
Docket Number: 17-1341

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in favor of defendant in an action brought by Lincoln Life for damages it incurred in a lawsuit brought by a policyholder who purchased a Lincoln policy through…

Brende v. Young  
Date: October 30, 2018
Docket Number: 17-1524

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of a petition for habeas corpus under 28 U.S.C. 2254 where petitioner was convicted of two counts of first-degree rape and two counts of sexual contact with a…

Snyder v. Dykes  
Date: October 29, 2018
Docket Number: 18-6006

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's judgment denying debtors' discharge under Bankruptcy Code 727(a). The panel held that debtors failed to maintain and preserve adequate records, and such…

Lamont Williamson v. Missouri Dept.of Corrections
Date: October 26, 2018
Docket Number: 16-4220
United States v. Jeffrey Williams
Date: October 26, 2018
Docket Number: 17-2454
United States v. Connie Guild
Date: October 25, 2018
Docket Number: 17-3175
Bennett-Charles Formanack v. Stillwater Towing Inc.
Date: October 24, 2018
Docket Number: 18-1344
Zubrod v. Hoch  
Date: October 22, 2018
Docket Numbers: 17-1202, 17-1324

Justia Opinion Summary: Plaintiffs filed suit against defendants after plaintiff's son, Michael, was killed by cardiac arrhythmia after an altercation with officers in the setting of acute methamphetamine intoxication. When officers responded…

Larry Zubrod v. Shayne Hoch
Date: October 22, 2018
Docket Number: 17-1324
United States v. De La Torre  
Date: October 22, 2018
Docket Number: 17-1335

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for drug-related crimes. The court held that the district court did not err by denying defendant's motion to suppress evidence because the facts set forth…

United States v. Trung Dang  
Date: October 22, 2018
Docket Number: 17-2285

Justia Opinion Summary: The Eighth Circuit affirmed defendant's revocation sentence of 60 months in prison after defendant pleaded guilty in state court to first degree computer child pornography and computer exploitation of a child. The court…

Conway v. Heyl  
Date: October 18, 2018
Docket Number: 18-6001

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order dismissing plaintiffs' adversary complaint and an order denying their motion to reconsider the dismissal order. The panel held that plaintiffs failed…

Lorraine Black v. Life Unlimited/Concern Care
Date: October 17, 2018
Docket Number: 18-1258
Dave Campbell v. Baylard, Billington, Dempsey
Date: October 17, 2018
Docket Number: 18-1664
Joel Marvin Munt v. Nanette Larson
Date: October 16, 2018
Docket Number: 17-3371
United States v. Michael Davis
Date: October 16, 2018
Docket Number: 17-3439
Kasib Bilal v. IDS Property Casualty Ins. Co.
Date: October 16, 2018
Docket Number: 17-3575
United States v. Jason Eisenach
Date: October 16, 2018
Docket Number: 17-3781
Anantkumar Patel v. Jefferson B. Sessions, III
Date: October 16, 2018
Docket Number: 18-1471
Lerbakken v. Sieloff and Associates, PA  
Date: October 16, 2018
Docket Number: 18-6018

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order disallowing debtor's claimed exemptions in his ex-wife's Wells Fargo 401K and an IRA account. The panel held that any interest debtor held in the…

Karels v. Storz  
Date: October 15, 2018
Docket Number: 17-2527

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of qualified immunity to a police officer in an action brought by plaintiff under 42 U.S.C. 1983, alleging that the officer used excessive force in violation of her…

United States v. Ryan McMillan
Date: October 15, 2018
Docket Number: 18-1248
Frank Bohrn v. Warden R. Marques
Date: October 15, 2018
Docket Number: 18-2353
United States v. Long
Date: October 12, 2018
Docket Number: 16-1419
Faulkner v. Douglas County  
Date: October 12, 2018
Docket Number: 17-1387

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for DCDC in an action alleging claims of gender, age, and disability discrimination under state and federal civil rights laws. Plaintiff, a 56…

United States v. Deangelo Grant
Date: October 12, 2018
Docket Number: 17-2846
Quiles v. Johnson  
Date: October 12, 2018
Docket Number: 17-3055

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for defendant in an action alleging that plaintiff's injuries were caused by defendant's negligence in driving a tractor trailer truck. The court…

Michael Smith v. Republic Services, Inc.
Date: October 12, 2018
Docket Number: 17-3327
Larry Davis v. Brian Daniel
Date: October 12, 2018
Docket Number: 18-1903
Shirley Curd v. City of Searcy, AR
Date: October 11, 2018
Docket Number: 17-3800
United States v. Parrott  
Date: October 11, 2018
Docket Number: 18-1094

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after she pleaded guilty to possession of identification documents, possession of counterfeit access devices, and possession of access-device-making equipment and…

Cornelius Williams, Jr. v. Ian Wallace
Date: October 11, 2018
Docket Number: 18-1131
Bell v. Pulmosan Safety Equipment Corp.  
Date: October 9, 2018
Docket Number: 17-1051

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of default judgment against Pulmosan because the company was not properly served. The court held that, under basic principles of agency law, the death of an agent…

Robyn Edwards v. G. Salter Prop & Salter Const.
Date: October 9, 2018
Docket Number: 17-3769
United States v. Jerry Oliver
Date: October 9, 2018
Docket Number: 18-1798
Raphael Mendez v. Warden L. LaRiva
Date: October 9, 2018
Docket Number: 18-2118
Molina-Cabrera v. Sessions  
Date: October 5, 2018
Docket Number: 17-2227

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's dismissal of petitioner's appeal of the IJ's denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court applied…

United States v. Jim Harris
Date: October 5, 2018
Docket Number: 17-2971
Vanderberg v. Petco Animal Supplies Stores  
Date: October 4, 2018
Docket Number: 17-2580

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment for Petco in a negligence and premises liability action filed by plaintiff against the company. The court held that the district court did not abuse its…

AY McDonald Industries Inc. v. McDonald  
Date: October 3, 2018
Docket Number: 18-6017

Justia Opinion Summary: The Bankruptcy Appellate Panel vacated the bankruptcy court's decision concerning injunctive and declaratory relief, holding that the bankruptcy court lacked jurisdiction to entertain the claim at issue. In this case,…

United States v. Schneider  
Date: September 28, 2018
Docket Number: 17-3034

Justia Opinion Summary: The Eighth Circuit vacated defendant's sentence for possessing a firearm and ammunition as a felon. The court held that the district court erred in determining that defendant's prior North Dakota conviction for…

Rasby v. Pillen  
Date: September 28, 2018
Docket Number: 17-3185

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of defendant's motion for summary judgment for defendant in an action alleging that defendant's actions created "significant duress" that forced her to sell her…

United States v. Omar Beasley
Date: September 27, 2018
Docket Number: 17-2113
Kelsay v. Ernst  
Date: September 27, 2018
Docket Number: 17-2181

Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of summary judgment for a sheriff's deputy in an action filed by plaintiff under 42 U.S.C. 1983, alleging that the deputy used excessive force while arresting her.…

Qwest Communications Co. v. Free Conferencing Corp.  
Date: September 25, 2018
Docket Number: 17-2412

Justia Opinion Summary: FC appealed the district court's judgment in favor of Qwest, finding FC was liable for tortious interference with Qwest's contractual relationship with Tekstar. The Eighth Circuit held that the district court did not err…

William Maybin v. Corizon Healthcare
Date: September 25, 2018
Docket Number: 17-2973
Alan Onstad v. Wendy Kelley
Date: September 25, 2018
Docket Number: 18-1275
Rains v. Jones  
Date: September 24, 2018
Docket Number: 17-2759

Justia Opinion Summary: Six siblings dispute over ownership and control of OKISDA, a family corporation their mother established. The district court concluded that nearly all the claims hinge on whether the transfer of Class A stock from the…

Brakebill v. Jaeger  
Date: September 24, 2018
Docket Number: 18-1725

Justia Opinion Summary: The North Dakota Secretary of State filed a motion to stay an order of the district court that enjoined parts of the North Dakota elections statutes. The district court enjoined the Secretary from enforcing a provision…

Deaton Oil Co., LLC v. United States  
Date: September 21, 2018
Docket Number: 17-2326

Justia Opinion Summary: Under United States v. Boyle, 469 U.S. 241 (1985), an agent's failure to fulfill his duty to his principal to file tax returns and make payments on behalf of the principal does not constitute reasonable cause for the…

Barnett v. Roper  
Date: September 20, 2018
Docket Number: 16-1467

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment granting petitioner's application for habeas corpus relief from his death sentence pursuant to 28 U.S.C. 2254. The court held that, because the district court's…

United States v. John Hunt
Date: September 20, 2018
Docket Number: 18-1290
Henry Langer v. CIR
Date: September 18, 2018
Docket Number: 17-3682
United States v. Shane Douglass Davison
Date: September 18, 2018
Docket Number: 18-1029
Michael Stokes, Sr. v. Scott White
Date: September 17, 2018
Docket Number: 17-3218
Oglala Sioux Tribe v. Vargo  
Date: September 14, 2018
Docket Numbers: 17-1135, 17-1136, 17-1137

Justia Opinion Summary: Plaintiffs filed suit under 42 U.S.C. 1983, challenging procedures used in proceedings brought by the State to remove Native American children temporarily from their homes in exigent circumstances. The district court…

Oglala Sioux Tribe v. Mark Vargo
Date: September 14, 2018
Docket Number: 17-1136
Oglala Sioux Tribe v. Mark Vargo
Date: September 14, 2018
Docket Number: 17-1137
Whatley v. Canadian Pacific Railway Ltd.  
Date: September 14, 2018
Docket Number: 17-1677

Justia Opinion Summary: The Eighth Circuit reversed the district court's order finding that the trustee's claim under the Carmack Amendment against Canadian Pacific was untimely. This appeal stemmed from a train accident killing 47 people and…

United States v. J'son Allbritton
Date: September 14, 2018
Docket Number: 17-1967
Boldt v. Northern States Power Co.  
Date: September 14, 2018
Docket Number: 17-2231

Justia Opinion Summary: At issue in this case was whether the Labor Management Relations Act completely preempts a Minnesota Human Rights Act claim for disability discrimination brought by a former employee of a nuclear power plant. The Eighth…

Martin v. United States  
Date: September 14, 2018
Docket Number: 17-2232

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to vacate his sentence. Defendant argued that he did not have the requisite three prior violent felony convictions under the Armed Career…

National Music Museum v. Moss  
Date: September 14, 2018
Docket Number: 17-2399

Justia Opinion Summary: This appeal stemmed from a dispute over who was the rightful owner of a Martin D-35 guitar that Elvis Presley played during his final tour in 1977. The Eighth Circuit affirmed the district court's judgment in favor of…

United States v. Maurice Stone
Date: September 14, 2018
Docket Number: 17-2869
Charles Hamner v. Keith Waddle
Date: September 14, 2018
Docket Number: 18-1283
Abdurrahman v. Dayton  
Date: September 12, 2018
Docket Number: 16-4551

Justia Opinion Summary: After plaintiff was appointed as a presidential elector during the 2016 presidential election, he was deemed to have vacated his position under Minnesota's Uniform Faithful Presidential Electors Act, Minn. Stat.…

United States v. Bernhardt  
Date: September 12, 2018
Docket Number: 17-1325

Justia Opinion Summary: Defendant was convicted and sentenced for attempted exploitation of a child, attempted receipt of images depicting sexual exploitation of a child, possession of counterfeit obligations, two counts of attempted witness…

United States v. Gerard Roy
Date: September 12, 2018
Docket Number: 17-1422
United States v. Derik Cantrell
Date: September 12, 2018
Docket Number: 17-2323
United States v. Gumaro Chavez
Date: September 12, 2018
Docket Number: 17-2655
Fred Edgin v. Correct Care Solutions LLC
Date: September 12, 2018
Docket Number: 18-1127
United States v. Bennie Manuel
Date: September 12, 2018
Docket Number: 18-1876
Sampson v. St. Paul Fire and Marine Insurance Co.  
Date: September 11, 2018
Docket Numbers: 17-1104, 17-1106, 17-1114, 17-1117

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment to plaintiffs, holding that St. Paul Insurance's policy expressly precluded indemnification of intentional criminal acts and that David Kofoed's…

Nicholas Sampson v. St. Paul Fire and Marine Ins.
Date: September 11, 2018
Docket Number: 17-1106
Nicholas Sampson v. St. Paul Fire and Marine Ins.
Date: September 11, 2018
Docket Number: 17-1114
Nicholas Sampson v. St. Paul Fire and Marine Ins.
Date: September 11, 2018
Docket Number: 17-1117
Hanson v. Seaver  
Date: September 11, 2018
Docket Number: 17-1192

Justia Opinion Summary: After debtor filed for bankruptcy, she sought to exempt a property tax refund of $1,500, asserting that she could exempt the refund as government assistance based on need under Minnesota law. The Eighth Circuit affirmed…

Naguib v. Trimark Hotel Corp.  
Date: September 11, 2018
Docket Number: 17-1560

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to Trimark in an action filed by plaintiff, alleging that she was terminated from her job as an executive housekeeper because of her age, in…

United States v. Arnaldo Badillo
Date: September 11, 2018
Docket Number: 17-2990
United States v. Alex Vander Veer
Date: September 11, 2018
Docket Number: 17-3368
Elbert v. Carter  
Date: September 10, 2018
Docket Number: 16-4077

Justia Opinion Summary: In 2011, plaintiff filed suit against the city and others, in a 42 U.S.C. 1983 action alleging violations of the First and Fourth Amendments, as well as violations of state law. Plaintiff's claims stemmed from a no-knock…

Vallejo v. Amgen, Inc.  
Date: September 10, 2018
Docket Numbers: 17-1730, 17-2593

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order limiting the scope of plaintiff's general causation phase discovery in this products liability suit alleging that plaintiff's husband's use of Enbrel caused his…

Comprehensive Health of Planned Parenthood Great Plains v. Hawley  
Date: September 10, 2018
Docket Number: 17-1996

Justia Opinion Summary: The Eighth Circuit vacated a preliminary injunction enjoining provisions of Missouri Revised Statute section 197.200 (2007), which required a doctor who performs abortions at an ambulatory surgery center (ASC) to have…

Free and Fair Election Fund v. Missouri Ethics Commission  
Date: September 10, 2018
Docket Number: 17-2239

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order permanently enjoining enforcement of a recently enacted provision of the Missouri Constitution, Missouri Constitution Article VIII, Section 23.3(12), which prohibits…

Johnson v. Moody  
Date: September 10, 2018
Docket Number: 17-2434

Justia Opinion Summary: Plaintiff and his wife filed suit under 42 U.S.C. 1983 against the City and members of the police department who investigated a student's allegation that plaintiff sexually assaulted her. The Eighth Circuit affirmed the…

Jan Vallejo v. Amgen, Inc.
Date: September 10, 2018
Docket Number: 17-2593
United States v. Derrick Brown
Date: September 10, 2018
Docket Number: 17-2637
United States v. Hawkghost  
Date: September 10, 2018
Docket Number: 17-2978

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for three counts of abusive sexual contact with A.W., a minor and enrolled member of the Ponca Tribe of Nebraska. The court held that the district court did not abuse…

Hillesheim v. Holiday Stationstores, Inc.  
Date: September 10, 2018
Docket Numbers: 17-3151, 17-3186

Justia Opinion Summary: Plaintiff filed suit against Holiday Stationstores, alleging claims for discrimination under the Americans with Disabilities Act and the Minnesota Human Rights Act (MHRA) based on the company's failure to provide a…

Zach Hillesheim v. Holiday Stationstores, Inc.
Date: September 10, 2018
Docket Number: 17-3186
Eddie Pittman v. ABB Inc.
Date: September 10, 2018
Docket Number: 18-1097
United States v. Gabriel Mangum
Date: September 10, 2018
Docket Number: 18-1404
Charter Advanced Services v. Lange  
Date: September 7, 2018
Docket Number: 17-2290

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Charter, holding that Charter Spectrum Voice VoIP service was an "information service" under the Telecommunications Act and Minnesota state…

Hatcher v. MDOW Insurance Co.  
Date: September 7, 2018
Docket Number: 17-2410

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in an action filed by plaintiff, seeking additional insurance benefits for smoke and fire damage at his home. The court held that plaintiff's policy was an…

Joseph Townsend v. AutoZone Stores, LLC
Date: September 7, 2018
Docket Number: 17-3468
Sharbono v. Northern States Power Co.  
Date: September 6, 2018
Docket Number: 16-4532

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Northern in an action alleging that the company failed to accommodate plaintiff's disability in violation of the Americans with Disabilities…

Osher v. Land Clearance for Redevelopment Authority of St. Louis  
Date: September 6, 2018
Docket Number: 17-2401

Justia Opinion Summary: Plaintiff filed suit against defendants after the Redevelopment Authority condemned his property under its power of eminent domain, seeking to enjoin the condemnation proceedings and to obtain relocation benefits under…

Auer v. CBCInnovis, Inc.  
Date: September 6, 2018
Docket Number: 17-2413

Justia Opinion Summary: Plaintiff filed suit against her former employer (the City), a law firm, and CBC, alleging that defendants violated their obligations under the Fair Credit Reporting Act (FCRA), in handling a consumer report that she…

Russo v. United States  
Date: September 6, 2018
Docket Number: 17-2424

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of petitioner's claim seeking post-conviction relief as untimely. Petitioner asserted that, in light of Johnson v. United States, the district court violated his…

Sears v. Sears  
Date: September 6, 2018
Docket Number: 17-2995

Justia Opinion Summary: The Eighth Circuit affirmed the bankruptcy appellate panel's (BAP) decision affirming the bankruptcy court's dismissal of Korley Sears and Robert Sears' claims in a protracted family dispute. The court held that this…

United States v. Robert Fool Bear, Sr.  
Date: September 6, 2018
Docket Number: 17-3202

Justia Opinion Summary: Defendant appealed his conviction of attempted aggravated sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual abuse of a child by force, and incest in Indian Country. The court held that Count…

Rucker v. Belew  
Date: September 6, 2018
Docket Number: 18-6007

Justia Opinion Summary: A bankruptcy court has no authority under federal law to deny an exemption on a ground not specified in the bankruptcy code. Therefore, the Bankruptcy Appellate Panel affirmed the bankruptcy court's decision overruling…

Patterson v. Kelley  
Date: September 5, 2018
Docket Number: 16-3891

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of plaintiff's motion for appointed counsel and adverse grant of summary judgment on plaintiff's failure to protect claims against various corrections officials…

Patricia Jensen v. IOC Black Hawk County Inc.
Date: September 5, 2018
Docket Number: 16-4204
Duhe v. City of Little Rock  
Date: September 5, 2018
Docket Number: 17-2012

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to defendants in a 42 U.S.C. 1983 action filed by plaintiffs and a nonprofit alleging that their arrests were without probable cause and violated…

Wright v. United States  
Date: September 5, 2018
Docket Number: 17-3242

Justia Opinion Summary: The Eighth Circuit held that the procedural element of the new substantive rule of constitutional law made retroactive in Montgomery v. Louisiana did not apply in this case and the district court did not err in denying…

United States v. Ricky Smith
Date: September 5, 2018
Docket Number: 18-1349
Durand v. Fairview Health Services  
Date: September 4, 2018
Docket Number: 17-1374

Justia Opinion Summary: Plaintiffs, both of whom are hearing-impaired, and their daughter filed suit against Fairview, alleging that the hospital failed to provide meaningful access to auxiliary aids and services in the form of American Sign…

United States v. Francisco Sanchez-Valencia
Date: September 4, 2018
Docket Number: 17-3216
United States v. Juan Albarran
Date: September 4, 2018
Docket Number: 17-3516
Dickson v. Gospel for ASIA, Inc.  
Date: August 31, 2018
Docket Number: 17-1191

Justia Opinion Summary: Plaintiffs filed suit against GFA, alleging that GFA solicited charitable donations to benefit the poorest of the poor while covertly diverting the money to a multi-million dollar personal empire. The district court…

United States v. Robert L. Lytle
Date: August 31, 2018
Docket Number: 17-2421
United States v. Marcus Charleston
Date: August 31, 2018
Docket Number: 17-3623
United States v. Cutean Curry
Date: August 31, 2018
Docket Number: 17-3664
United States v. Robert L. Lytle
Date: August 31, 2018
Docket Number: 17-3813
United States v. Reginald Klaiber
Date: August 31, 2018
Docket Number: 18-1034
United States v. Nicole Contreras
Date: August 31, 2018
Docket Number: 18-1110
United States v. Edward Quintero
Date: August 31, 2018
Docket Number: 18-1253
John MacInnis v. United States
Date: August 31, 2018
Docket Number: 18-1268
Brewington v. Keener  
Date: August 30, 2018
Docket Numbers: 17-1382, 17-1433

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the county and to two sheriffs in an action brought by plaintiff under 42 U.S.C. 1983, alleging the use of excessive force. In this case,…

Josh Brewington v. Ben Keener
Date: August 30, 2018
Docket Number: 17-1433
United States v. Parks  
Date: August 30, 2018
Docket Number: 17-1914

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of one count of transportation of a minor to engage in prostitution; two counts of attempted transportation of a minor to engage in prostitution; and six counts of…

United States v. Alvino Lorenzo Angel, Jr.
Date: August 30, 2018
Docket Number: 17-2635
Vilcek v. Uber Technologies, Inc.  
Date: August 30, 2018
Docket Number: 17-2724

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of an action brought by four taxicab drivers against Uber, alleging that Uber tortiously interfered with a valid business expectancy. The court held that it need…

United States v. Henderson  
Date: August 30, 2018
Docket Number: 17-2726

Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of defendant's supervised release. The court held that there was sufficient evidence to support the district court's judgment where defendant admitted to…

Tonya Udoh v. MN Dept. of Human Services
Date: August 30, 2018
Docket Number: 17-3256
Williams v. Wells Fargo Bank, N.A.  
Date: August 29, 2018
Docket Number: 16-4372

Justia Opinion Summary: Federal law bars “any person who has been convicted of any criminal offense involving dishonesty or a breach of trust” from becoming or continuing as an employee of any institution insured by the Federal Deposit…

United States v. Sienemah Gaye
Date: August 29, 2018
Docket Number: 17-1327
United States v. Gaye  
Date: August 29, 2018
Docket Numbers: 17-1347, 17-1327, 17-1496

Justia Opinion Summary: A conspiracy to defraud financial institutions in the Minneapolis-St. Paul area involved cashing counterfeit checks. Participants, including 25 co-defendants, created the counterfeit checks using check-printing software…

Ramirez v. Sessions  
Date: August 29, 2018
Docket Number: 17-1414

Justia Opinion Summary: DHS detained Ramirez, a citizen of Guatemala, in 2014, after she illegally entered the U.S. Ramirez stated she feared a neighbor would kill her if she returned to Guatemala because he frequently asked her to have sex,…

United States v. Sienemah Gaye
Date: August 29, 2018
Docket Number: 17-1496
Melgar v. OK Foods  
Date: August 29, 2018
Docket Number: 17-2612

Justia Opinion Summary: Employees of a chicken processing plant filed a class action lawsuit, alleging their employer failed to pay certain wages in violation of Arkansas state law and the Fair Labor Standards Act (FLSA), 29 U.S.C. 201. More…

The Satanic Temple v. Mike Parson
Date: August 28, 2018
Docket Number: 16-3387
Wilson v. Lamp  
Date: August 28, 2018
Docket Numbers: 16-4275, 16-4337

Justia Opinion Summary: Plaintiff and his minor son filed a 42 U.S.C. 1983 action against two officers for unreasonable search and seizure, as well as use of excessive force. The district court denied the officers' motion for summary judgment.…

Levi Wilson v. Scott Lamp
Date: August 28, 2018
Docket Number: 16-4337
New Doe Child #1 v. United States  
Date: August 28, 2018
Docket Number: 16-4440

Justia Opinion Summary: Plaintiffs challenged the inscription of the national motto, "In God We Trust," on United States coins and currency. The Eighth Circuit affirmed the district court's grant of the Government's motion to dismiss based on…

United States v. Davis  
Date: August 28, 2018
Docket Number: 17-1300

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of five counts of aiding and abetting mail fraud, and one count of conspiracy to commit theft from a program receiving federal funds in connection with defendant's…

Citizens Telecommunications Company of Minnesota v. FCC  
Date: August 28, 2018
Docket Numbers: 17-2296, 7-2342, 17-2344, 17-2685

Justia Opinion Summary: Petitioners challenged the FCC's 2017 order altering regulations for business data services (BDS). ILEC Petitioners challenged new price cap rates in the order and CLEC Petitioners challenged most of the other changes in…

Citizens Telecommunications v. FCC
Date: August 28, 2018
Docket Number: 17-2342
Citizens Telecommunications v. FCC
Date: August 28, 2018
Docket Number: 17-2344
Citizens Telecommunications v. FCC
Date: August 28, 2018
Docket Number: 17-2685
Reginald Dunahue v. Kennie Bolden
Date: August 28, 2018
Docket Number: 17-3300
United States v. Nebraska Beef, Ltd.  
Date: August 27, 2018
Docket Number: 17-1344

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the government in an action to enforce a settlement agreement. The court held that OSC's press release stating that its investigation found…

Scheffler v. Gurstel Chargo, P.A.  
Date: August 27, 2018
Docket Number: 17-2141

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for defendant in an action alleging that the law firm violated the Fair Debt Collection Practices Act (FDCPA). Plaintiff alleged that his rights…

Johnson v. Precythe  
Date: August 27, 2018
Docket Number: 17-2222

Justia Opinion Summary: The Eighth Circuit reversed the district court's dismissal of plaintiff's second amended complaint challenging the constitutionality of Missouri's method of execution as applied to him. The court held that plaintiff's…

United States v. Wesley Schmelzer
Date: August 27, 2018
Docket Number: 17-2445
Joseph O'Neal v. Stephen Stringfellow
Date: August 27, 2018
Docket Number: 17-2776
Kelly Smith v. CPNRD
Date: August 27, 2018
Docket Number: 17-3640
United States v. Peng Chanthalangsy
Date: August 27, 2018
Docket Number: 18-1175
United States v. Derrick Seals
Date: August 27, 2018
Docket Number: 18-1255
United States v. Denise Burrell
Date: August 27, 2018
Docket Number: 18-1787
United States v. Derrick Johnson
Date: August 24, 2018
Docket Number: 17-1788
United States v. Kevin Green
Date: August 24, 2018
Docket Number: 17-1962
Johnson v. City of Minneapolis  
Date: August 24, 2018
Docket Number: 17-2074

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of summary judgment based on qualified immunity to a police officer and summary judgment based on official immunity to the City. The court held that the officer…

United States v. Devonte Holston
Date: August 24, 2018
Docket Number: 17-2626
Kemp v. U.S. Department of Education  
Date: August 24, 2018
Docket Number: 17-6032

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying debtor's request for discharge of her student loan obligations to the DOE. The panel held that the bankruptcy court applied the correct…

Saxton v. Federal Housing Finance Agency  
Date: August 23, 2018
Docket Number: 17-1727

Justia Opinion Summary: Plaintiffs, three shareholders, filed suit claiming that the federal agency Congress created to serve as conservator of Fannie Mae and Freddie Mac exceeded its powers under the Housing and Economic Recovery Act (HERA)…

Marshall v. Anderson Excavating & Wrecking  
Date: August 23, 2018
Docket Number: 17-1887

Justia Opinion Summary: Plaintiffs filed suit against Anderson Excavating under 29 U.S.C. 185(a), 29 U.S.C. 1132, and 29 U.S.C. 1145, requesting that the district court order Anderson Excavating to pay the contributions it allegedly owed to the…

Zaeske v. Liberty Life Assurance Company of Boston  
Date: August 23, 2018
Docket Number: 17-2496

Justia Opinion Summary: The Eighth Circuit reversed the district court's judgment against Liberty Life in an action filed by plaintiff under the Employee Retirement Income Security Act (ERISA), alleging that the company's denial of long-term…

United States v. Antwain Spratt
Date: August 23, 2018
Docket Number: 17-2762
Thompson Truck & Trailer v. United States  
Date: August 23, 2018
Docket Number: 17-3154

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of Thompson's complaint claiming a refund of excise taxes for its diesel particulate filters under Internal Revenue Code 4051(a)(1). The court held that the…

Janice Jones v. Nancy A. Berryhill
Date: August 23, 2018
Docket Number: 17-3662
United States v. Allyssa Samm
Date: August 23, 2018
Docket Number: 18-1197
United States v. Michael Clark
Date: August 22, 2018
Docket Number: 17-3163
Walker v. United States  
Date: August 20, 2018
Docket Number: 16-4284

Justia Opinion Summary: In 2016, the Eighth Circuit granted petitioner authorization for a successive 28 U.S.C. 2255 motion, in which he claimed that his prior Missouri convictions for burglary of an inhabitable structure no longer qualified…

United States v. Randy Scott Miland
Date: August 20, 2018
Docket Number: 17-2389
United States v. Wayne Michael Fisher
Date: August 20, 2018
Docket Number: 17-2556
United States v. Wayne Michael Fisher
Date: August 20, 2018
Docket Number: 17-2557
Berry v. Doss  
Date: August 20, 2018
Docket Number: 17-2565

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of qualified immunity to correction center officials in a 42 U.S.C. 1983 action brought by a former inmate alleging that the officials failed to protect him from…

Children's Health Care v. Centers for Medicare and Medicaid Services  
Date: August 20, 2018
Docket Number: 17-2896

Justia Opinion Summary: The Eighth Circuit affirmed the district court's partial grant of summary judgment for Children's Hospitals and decision to vacate a Medicaid policy, Frequently Asked Question 33, which explained how to calculate a…

United States v. Walker  
Date: August 17, 2018
Docket Number: 17-1680

Justia Opinion Summary: On remand from resentencing, the Eighth Circuit reversed the district court’s application of the USSG 2K2.1(b)(6)(B) sentencing enhancement for possessing a firearm in connection with another felony offense, and remanded…

United States v. Brabant-Scribner  
Date: August 17, 2018
Docket Number: 17-2825

Justia Opinion Summary: Offer of compromise is not a reasonable alternative to seizure under 26 C.F.R. sec. 301.6334-1(d)(1), which requires an alternative for collection, not an alternative to collection. The Eighth Circuit affirmed the…

Scudder v. Dolgencorp, LLC  
Date: August 17, 2018
Docket Number: 17-2941

Justia Opinion Summary: The Eighth Circuit reversed the district court's order granting summary judgment for Dollar General in an action brought by plaintiff, after returning from military service, alleging that the company denied him…

Hillesheim v. Holiday Stationstores, Inc.  
Date: August 17, 2018
Docket Number: 17-3143

Justia Opinion Summary: Plaintiff, who is paralyzed from the waist down and uses a wheelchair for mobility, filed suit against Holiday, alleging that the company discriminated against him in violation of the Americans with Disabilities Act…

United States v. Casey Lindus
Date: August 17, 2018
Docket Number: 17-3504
Wiggins v. United States  
Date: August 16, 2018
Docket Number: 16-4540

Justia Opinion Summary: The Eighth Circuit affirmed movant's 10 year sentence where he accepted the government's reoffer of the sentence in a plea agreement. The court held that the appeal was timely filed because the district court's order…

Medtronic, Inc. & Consolidated Subsidiaries v. Comissioner  
Date: August 16, 2018
Docket Number: 17-1866

Justia Opinion Summary: The Eighth Circuit vacated the tax court's valuation of Medtronic's true income for the 2005 and 2006 tax years. The Commissioner claimed that Medtronic shifted income from its highly profitable U.S. operations and…

United States v. David Floyd
Date: August 16, 2018
Docket Number: 17-2470
Ferrell v. Air EVAC EMS, Inc.  
Date: August 16, 2018
Docket Number: 17-2554

Justia Opinion Summary: Plaintiff brought a putative class action against Air EVAC asserting three claims for relief under Arkansas law. The district court dismissed all claims as preempted by the express preemption provision in the Airline…

Lexayra Lozano-Reyes v. Jefferson B. Sessions, III
Date: August 16, 2018
Docket Number: 17-2992
Metropolitan Life Insurance Co. v. Melin  
Date: August 15, 2018
Docket Number: 16-1172

Justia Opinion Summary: The Supreme Court remanded this case after holding that retroactive application of Minnesota's revocation-upon-divorce statute did not violate the Contracts Clause. In light of the Supreme Court's remand, the Eighth…

Nelson v. Charles City Community School District  
Date: August 15, 2018
Docket Number: 17-1164

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the school district in an action filed by plaintiffs of a student, alleging violation of the student's rights under the Rehabilitation Act…

McChesney v. Hunter  
Date: August 15, 2018
Docket Number: 17-1179

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of Robert McChesney's suit against the Commission after it imposed a civil penalty on him as treasurer of Bart McLeay's campaign for United States Senate in…

Marsh v. Phelps County  
Date: August 15, 2018
Docket Number: 17-1260

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the County and others in a 42 U.S.C. 1983 action alleging that plaintiff was sexually assaulted by former corrections officer Louis Campana.…

United States v. Steinmetz  
Date: August 15, 2018
Docket Number: 17-3061

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for production of child pornography. The court held that the district court did not err by denying defendant's motion to suppress evidence seized from his home during a…

Angela Biddle v. Commissioner, Social Security
Date: August 15, 2018
Docket Number: 17-3118
United States v. Kevin Williams
Date: August 15, 2018
Docket Number: 17-3356
United States v. Deandre Walls
Date: August 15, 2018
Docket Number: 18-1209
North Dakota v. Lange  
Date: August 14, 2018
Docket Number: 16-4186

Justia Opinion Summary: In a previous appeal, the Eighth Circuit held that portions of Minnesota's Next Generation Energy Act were unconstitutional in North Dakota v. Heydinger, 825 F.3d 912 (8th Cir. 2016). The State appealed the district…

Bierman v. Dayton  
Date: August 14, 2018
Docket Number: 17-1244

Justia Opinion Summary: The 2013 Public Employment Labor Relations Act (PELRA) did not infringe on the First Amendment rights of a group of parents who provide home care services to their disabled children. PELRA applied to persons who provide…

James Jackson v. Lt. Amie Santini
Date: August 14, 2018
Docket Number: 17-2154
Burka v. Sessions  
Date: August 14, 2018
Docket Number: 17-2208

Justia Opinion Summary: The Eighth Circuit dismissed a petition for review challenging the denial of her application for asylum as untimely. The court held that it lacked jurisdiction to review the BIA's determination that petitioner did not…

Larry Norman, Jr. v. Commissioner, Social Security
Date: August 14, 2018
Docket Number: 17-2766
Eggers v. Wells Fargo Bank, N.A.  
Date: August 13, 2018
Docket Number: 16-4376

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Wells Fargo in an action alleging that the bank violated the Age Discrimination in Employment Act (ADEA) in terminating plaintiff's…

King v. The City of Crestwood  
Date: August 13, 2018
Docket Number: 16-4560

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiff's 42 U.S.C. 1983 action against the City and a municipal judge, seeking costs and attorney's fees after plaintiff successfully defended himself in…

Degbe v. Sessions  
Date: August 13, 2018
Docket Number: 17-1338

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's denial of petitioner's request for asylum, withholding of removal, and application for relief under the Convention Against Torture (CAT) based on his claim…

BNSF Railway Co. v. Seats, Inc.  
Date: August 13, 2018
Docket Number: 17-1399

Justia Opinion Summary: Plaintiff filed the underlying action against BNSF after he was injured when the backrest of his locomotive seat broke, and alleged that the seat did not comply with the federal standards in the Locomotive Inspection Act…

United States v. Williams  
Date: August 13, 2018
Docket Number: 17-1632

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 60 month sentence after he pleaded guilty to firearm offenses. The court held that defendant's New York conviction for attempted second-degree robbery was a crime of violence under…

United States v. Steele  
Date: August 13, 2018
Docket Number: 17-2622

Justia Opinion Summary: The Eighth Circuit affirmed defendant's three year sentence for violating his supervised release conditions. In this case, while defendant was on supervised release for a burglary covered by the Major Crimes Act, he had…

Washington v. Denney  
Date: August 13, 2018
Docket Number: 17-2747

Justia Opinion Summary: Plaintiff filed suit against corrections officials at Crossroads Correctional Center for violation of his Eighth Amendment rights under 42 U.S.C. 1983. The Eighth Circuit affirmed the jury's finding that the officials…

United States v. Sebert  
Date: August 13, 2018
Docket Number: 17-2771

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 240 month sentence after he pleaded guilty to receipt of child pornography. The court held that defendant's sentence was substantively reasonable where the district court carefully…

Donald Frazier v. City of Pine Bluff, Arkansas
Date: August 13, 2018
Docket Number: 17-2832
Fresenius Kabi USA, LLC v. State of Nebraska
Date: August 13, 2018
Docket Number: 18-2717
United States v. Farah  
Date: August 10, 2018
Docket Numbers: 16-4363, 16-4364, 16-4366

Justia Opinion Summary: The Eighth Circuit affirmed Defendants Farah, Daud, and Omar's convictions and sentences for several federal offenses related to their participation in a conspiracy to join the foreign terrorist organization known as the…

United States v. Mohamed Farah
Date: August 10, 2018
Docket Number: 16-4364
United States v. Mohamed Farah
Date: August 10, 2018
Docket Number: 16-4366
Faltermeier v. FCA US LLC  
Date: August 10, 2018
Docket Number: 17-2093

Justia Opinion Summary: Plaintiff appealed the district court's grant of summary judgment in an action alleging that FCA violated the Missouri Merchandising Practices Act (MMPA) by making deceptive representations about the safety of certain…

Stanley v. Finnegan  
Date: August 10, 2018
Docket Number: 17-2702

Justia Opinion Summary: After child abuse investigators removed seven minor children from plaintiffs' home, plaintiffs brought a 42 U.S.C. 1983 action against DHS and others. On appeal, a civilian investigator for the Crimes Against Children…

Munro v. Lucy Activewear, Inc.  
Date: August 9, 2018
Docket Number: 16-4483

Justia Opinion Summary: Bruce Munro and his studio appealed the district court's dismissal of his complaint against Lucy and the denial of his motion to amend his complaint. Munro's claims stemmed from Lucy's "Light Forest" exhibition and…

Payeras v. Sessions  
Date: August 9, 2018
Docket Number: 17-1584

Justia Opinion Summary: The Eighth Circuit granted a petition for review of the BIA's order dismissing petitioner's administrative appeal of the IJ's denial of her motion to reopen removal proceedings and rescind her in absentia removal order.…

United States v. Laron Hill
Date: August 9, 2018
Docket Number: 17-1880
Wenzel v. Storm  
Date: August 9, 2018
Docket Number: 17-2028

Justia Opinion Summary: After Gary Wenzel was shot and killed by a police officer, Wenzel's family filed suit against the officer, alleging a claim under 42 U.S.C. 1983 for excessive force. The Eighth Circuit reversed the district court's…

United States v. Fredrick Demon Mosby
Date: August 9, 2018
Docket Number: 17-2176
United States v. Anthony Michael Norton
Date: August 9, 2018
Docket Number: 17-2234
Stanton v. Commissioner  
Date: August 9, 2018
Docket Number: 17-2245

Justia Opinion Summary: The Eighth Circuit reversed the district court's decision upholding the Social Security Commission's denial of plaintiff's applications for child insurance benefits and supplemental security income. The court held that…

United States v. Rico Dixon
Date: August 9, 2018
Docket Number: 17-2257
United States v. Michael Chadwick
Date: August 9, 2018
Docket Number: 17-2354
United States v. Patton  
Date: August 9, 2018
Docket Number: 17-2693

Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of defendant's term of supervised release, holding that the evidence was sufficient to support a finding that he violated his conditions of release by…

Beumer Corp. v. ProEnergy Services, LLC  
Date: August 9, 2018
Docket Number: 17-2862

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment confirming an arbitrator's award of attorney's fees and expenses to Beumer. The court held that the arbitrator acted within the scope of his authority and did not…

Lindeman v. Saint Luke's Hospital of Kansas City  
Date: August 9, 2018
Docket Number: 17-3067

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for St. Luke's in an action brought by a former employee, alleging discrimination in violation of the Americans with Disabilities Act (ADA) and…

Lyons v. Conagra Foods Packaged Foods LLC  
Date: August 9, 2018
Docket Number: 17-3134

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiffs' claims against ConAgra in an action under the Fair Labor Standards Act (FLSA) and the Arkansas Minimum Wage Act. Plaintiffs alleged that they were…

Pena De Rivas v. Sessions  
Date: August 8, 2018
Docket Number: 17-1123

Justia Opinion Summary: Petitioner and her children petitioned for review of the BIA's order denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court held that there was no…

John Ekblad v. ISD No. 625
Date: August 8, 2018
Docket Number: 17-2359
Minnesota Living Assistance v. Peterson  
Date: August 8, 2018
Docket Number: 17-2658

Justia Opinion Summary: The Eighth Circuit affirmed the district court's decision to abstain, and held that the district court correctly determined that preemption was not facially conclusive and no exception to Younger abstention applied. In…

Lawrence Goldblatt v. Ocwen Financial Corporation
Date: August 8, 2018
Docket Number: 17-2786
Rokusek v. Jansen  
Date: August 8, 2018
Docket Number: 17-3203

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of summary judgment to a state trooper based on qualified immunity in a 42 U.S.C. 1983 action alleging that the trooper used excessive force. The court held that…

Jackson v. Kelley  
Date: August 7, 2018
Docket Number: 16-1847

Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of a petition for habeas relief based on petitioner's claim that he is intellectually disabled. In this case, the district court did not have the benefit of the…

United States v. Dallas Wayne Thundershield
Date: August 7, 2018
Docket Number: 17-1310
United States v. Virgil Apodaca, Sr.
Date: August 7, 2018
Docket Number: 17-1459
United States v. Jamie Todd Bjerke
Date: August 7, 2018
Docket Number: 17-1832
Oppedahl v. Mobile Drill International Inc.  
Date: August 7, 2018
Docket Number: 17-1925

Justia Opinion Summary: Plaintiff Jeffery Oppedahl and his family filed suit against Mobile Drill after Jeffery was injured in an accident involving a truck-mounted drill auger that left him a quadriplegic. The Eighth Circuit affirmed the…

Parm v. Bluestem Brands, Inc.  
Date: August 7, 2018
Docket Numbers: 17-1931, 17-1932

Justia Opinion Summary: Plaintiffs brought a class action against Bluestem, alleging that the company engaged in unscrupulous business practices in violation of federal and state laws. The Eighth Circuit agreed with Bluestem that all of…

Jessica Parm v. Bluestem Brands, Inc.
Date: August 7, 2018
Docket Number: 17-1932
Michael v. Trevena  
Date: August 7, 2018
Docket Number: 17-1946

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment to officers in a 42 U.S.C. 1983 action alleging unlawful arrest and excessive force. The court held that, accepting plaintiff's version of the…

McAdoo v. Martin  
Date: August 7, 2018
Docket Number: 17-1952

Justia Opinion Summary: The Prison Litigation Reform Act's (PLRA) gatekeeper function against frivolous suits does not require a prison inmate to make a showing of a physical injury caused by an unconstitutional act. Rather, in the Eighth…

United States v. Adam Anderson
Date: August 7, 2018
Docket Number: 17-2223
Mark Bitzan v. Jerry Bartruff
Date: August 7, 2018
Docket Number: 17-2687
Mark Bitzan v. Jerry Bartruff
Date: August 7, 2018
Docket Number: 17-2690
Randy Kinder Excavating, Inc. v. JA Manning Construction Co.  
Date: August 7, 2018
Docket Number: 17-2886

Justia Opinion Summary: Kinder filed suit against Manning, alleging that Manning breached a contract to build a pumping station. The Eighth Circuit affirmed the district court's judgment in favor of Manning, holding that Kinder committed the…

United States v. Michael Redmond, Jr.
Date: August 7, 2018
Docket Number: 17-2907
United States v. Raquel Graham
Date: August 7, 2018
Docket Number: 17-3672
United States v. Kenneth Birch
Date: August 7, 2018
Docket Number: 18-1252
Hess v. Union Pacific Railroad Co.  
Date: August 6, 2018
Docket Number: 17-1167

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Union Pacific in an action brought by plaintiff under the Federal Railway Safety Act, alleging that he was terminated for engaging in a…

St. Louis Heart Center, Inc. v. Nomax, Inc.  
Date: August 6, 2018
Docket Number: 17-1794

Justia Opinion Summary: Under the removal statute, 28 U.S.C. 1447(c), if at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. The Eighth Circuit vacated the district…

United States v. Brandon Kinnear
Date: August 6, 2018
Docket Number: 17-2138
United States v. Sergio Valencia, Sr.
Date: August 6, 2018
Docket Number: 17-2345
United States v. Fabian Uribe
Date: August 6, 2018
Docket Number: 17-2361
Paul Soare v. Barbara Schrock
Date: August 6, 2018
Docket Number: 17-2589
United States v. Gregorio Hernandez
Date: August 6, 2018
Docket Number: 17-3803
Minnesota Voters Alliance v. Mansky  
Date: August 3, 2018
Docket Numbers: 15-1682, 15-1741

Justia Opinion Summary: On remand from the United States Supreme Court, the Eighth Circuit reversed the district court's grant of summary judgment to defendants in light of Minnesota Majority v. Mansky, 849 F.3d 749, 753 (8th Cir. 2017).…

Minnesota Voters Alliance v. Joe Mansky
Date: August 3, 2018
Docket Number: 15-1741
Rhines v. Young  
Date: August 3, 2018
Docket Numbers: 16-3360, 17-1060

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of habeas relief for petitioner, who received the death sentence after being convicted of murder and burglary. The court held that the district court did not err in…

Charles Rhines v. Darin Young
Date: August 3, 2018
Docket Number: 17-1060
U.S. Department of Labor v. Harris  
Date: August 3, 2018
Docket Number: 17-1261

Justia Opinion Summary: The DOL obtained a pre-bankruptcy judgment against debtor, providing that debtor breached his fiduciary duty under the Employee Retirement Income Security Act (ERISA). The DOL filed an adversary proceeding in debtor's…

Yang v. Farmers New World Life Insurance Co.  
Date: August 3, 2018
Docket Number: 17-1895

Justia Opinion Summary: The Eighth Circuit held that the district court erred in holding that the misstatement clause in the contested life insurance policy did not apply where it might (or would) reduce the benefits of an incontestable policy…

Church v. Anderson  
Date: August 3, 2018
Docket Number: 17-2077

Justia Opinion Summary: The Eighth Circuit affirmed the district court's adverse grant of summary judgment to plaintiff on his claims under 42 U.S.C. 1983 and state law. The district court granted summary judgment to defendant, finding that he…

United States v. David Lee Needom
Date: August 3, 2018
Docket Number: 17-2350
Meiners v. Wells Fargo & Co.  
Date: August 3, 2018
Docket Number: 17-2397

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiff's complaint for failure to state a claim. Plaintiff alleged that his former employer, Wells Fargo, breached their fiduciary duty under the…

United States v. Thomas Schaller
Date: August 3, 2018
Docket Number: 17-2443
Susan Greifzu-Hamric v. Nancy Berryhill
Date: August 3, 2018
Docket Number: 17-2519
United States v. Jason Smith
Date: August 3, 2018
Docket Number: 17-2620
United States v. Janis  
Date: August 3, 2018
Docket Number: 17-3020

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of two counts of abusive sexual contact. The court held that simply submitting a proposed instruction without objecting to the district court's refusal to give it did…

United States v. King  
Date: August 2, 2018
Docket Numbers: 17-1140, 17-1976

Justia Opinion Summary: The Eighth Circuit affirmed Defendant King's sentence and Defendant Raines' conviction and sentence for charges related to their involvement in the operation of a pill mill. The court rejected Raines' evidentiary…

United States v. Anthony King
Date: August 2, 2018
Docket Number: 17-1976
United States v. Garrett  
Date: August 2, 2018
Docket Number: 17-2302

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for being a felon in possession of a firearm, possession with intent to distribute marijuana, and possession of a firearm in furtherance of a drug…

Nelson v. American Family Mutual Insurance Co.  
Date: August 2, 2018
Docket Number: 17-2665

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to American Family in an action alleging breach of contract, negligent misrepresentation, and violation of Minnesota's consumer fraud statutes.…

United States v. Alexander Castellano-Benitez
Date: August 2, 2018
Docket Number: 17-2957
United States v. Shawn Vaassen
Date: August 2, 2018
Docket Number: 18-1047
Holmes v. United States  
Date: August 1, 2018
Docket Numbers: 16-1078, 17-2583

Justia Opinion Summary: In 2011, movant's 2006 sentence for drug and firearm possession was vacated. In this appeal, movant challenged the district court's denial of a certificate of innocence. The Eighth Circuit affirmed, holding that the…

Higgins v. Commissioner  
Date: August 1, 2018
Docket Number: 17-2737

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of social security disability benefits to plaintiff. The court held that the ALJ properly relied on testimony from the vocational expert's testimony that a certain…

WireCo WorldGroup, Inc. v. Liberty Mutual Fire Insurance Co.  
Date: July 31, 2018
Docket Number: 17-1432

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of an action against WireCo's workers' compensation insurance carriers, Liberty, seeking damages for excess premiums that WireCo allegedly paid on three of…

Gomez-Rivera v. Sessions  
Date: July 31, 2018
Docket Number: 17-1653

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's denial of petitioner's applications for asylum and withholding of removal. The court held that the IJ and BIA applied the correct…

United States v. Gatton  
Date: July 31, 2018
Docket Number: 17-2276

Justia Opinion Summary: The Eighth Circuit affirmed the district court's imposition of supervised release conditions. The court held that, even though defendant completed his revocation sentence, the cost of his GPS monitoring was a concrete…

Travelers Property Casualty Insurance Company of America v. Jet Midwest Technik  
Date: July 31, 2018
Docket Number: 17-2628

Justia Opinion Summary: The Eighth Circuit reversed the district court's dismissal of a breach-of-contract action to recover unpaid insurance premiums. The court held that the administrative procedures available to the insurer were too informal…

Townsend v. Murphy  
Date: July 31, 2018
Docket Number: 17-2783

Justia Opinion Summary: Plaintiff, an inmate at an Arkansas prison, filed suit against three prison officials for requiring him to work with deadly chlorine gas without proper training and safety gear. The district court granted summary…

United States v. Gilberto Ramos
Date: July 31, 2018
Docket Number: 17-3680
Fineola Ingram v. Cole County
Date: July 30, 2018
Docket Number: 16-1046
Nanette Cole v. Bruce E. Strauss
Date: July 30, 2018
Docket Number: 17-1326
Hildene Opportunities Master Fund, Ltd. v. Arvest Bank  
Date: July 30, 2018
Docket Number: 17-1702

Justia Opinion Summary: Hildene filed suit against Bannister and Arvest, alleging that the asset purchase transaction between Bannister and Arvest breached the "successor obligor" term of an indenture agreement between Bannister and U.S. Bank…

Singer v. Harris  
Date: July 30, 2018
Docket Number: 17-1972

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for defendants in an action brought by plaintiff after he was terminated as an employee of the Arkansas State Treasurer. The court held that…

United States v. Nathan Wagner
Date: July 30, 2018
Docket Number: 17-3400
United States v. Gaspar Francisco
Date: July 30, 2018
Docket Number: 17-3703
United States v. Augusto Suarez-Garcia
Date: July 30, 2018
Docket Number: 18-1272
United States v. Darryl Jackson
Date: July 30, 2018
Docket Number: 18-1582
McDaniel v. Precythe  
Date: July 27, 2018
Docket Number: 17-1055

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of the Director's motion to dismiss plaintiff's claims in an action alleging that the Director's procedures for inviting citizens to witness executions violated…

Hillesheim v. Myron's Cards and Gifts, Inc.  
Date: July 27, 2018
Docket Number: 17-1408

Justia Opinion Summary: The Eighth Circuit reversed the district court's dismissal of an action alleging that Myron's violated the Americans with Disabilities Act (ADA). The court held that amendment of the complaint would not have been futile…

United States v. Dittmar  
Date: July 27, 2018
Docket Number: 17-1850

Justia Opinion Summary: The Eighth Circuit vacated defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that the Iowa court minutes of evidence were not permissible Shepard documents if the…

United States v. Mann  
Date: July 27, 2018
Docket Numbers: 17-2060, 17-2489, 17-2490

Justia Opinion Summary: After defendant was convicted of bombing a doctor, the United States filed two civil forfeiture actions against weapons seized from defendant during the criminal investigation. On appeal, defendant challenged an order of…

Martin S. Azarian, P.A. v. Commissioner  
Date: July 27, 2018
Docket Number: 17-2134

Justia Opinion Summary: The Eighth Circuit affirmed the tax court's dismissal of a petition for relief from a determination that petitioner owed additional employment tax. The court held that there was no actual controversy involving a…

United States v. Scott Haren
Date: July 27, 2018
Docket Number: 17-2324
United States v. Scott Haren
Date: July 27, 2018
Docket Number: 17-2371
United States of America v. Sangeeta Mann
Date: July 27, 2018
Docket Number: 17-2489
United States of America v. Sangeeta Mann
Date: July 27, 2018
Docket Number: 17-2490
Monty Shelton v. Gene Beasley
Date: July 27, 2018
Docket Number: 17-2855
Ross v. City of Jackson  
Date: July 26, 2018
Docket Number: 17-1390

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment to three officers based on qualified immunity on plaintiff's 42 U.S.C. 1983 claim, alleging the violation of his constitutional rights under the…

Chernosky v. Sessions  
Date: July 26, 2018
Docket Number: 17-1400

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's application for adjustment of status under the Violence Against Women Act. The court held that substantial evidence supported the…

Mace v. Willis  
Date: July 26, 2018
Docket Number: 17-2130

Justia Opinion Summary: Plaintiff filed suit against her former employer under the Uniformed Services Employment and Reemployment Rights Act (USERRA), alleging that the employer violated USERRA by failing to promptly reemploy her and the…

United States v. Szczerba  
Date: July 26, 2018
Docket Number: 17-2142

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for one count of conspiracy to commit an offense against the United States, one count of interstate transportation of an individual to engage in…

United States v. Jose Ramon Delgado-Gaytan
Date: July 26, 2018
Docket Number: 17-2237
Mark Wellman v. St. Louis County, Missouri
Date: July 26, 2018
Docket Number: 17-2624
Jensen v. Minnesota Department of Human Services  
Date: July 26, 2018
Docket Number: 17-2653

Justia Opinion Summary: The Eighth Circuit affirmed a post-judgment order concluding that the district court retained jurisdiction to enforce the stipulated class action settlement agreement MDHS entered into with plaintiffs. Determining that…

United States v. Antonio Jermaine Snell
Date: July 26, 2018
Docket Number: 17-2820
United States v. Antonio Jermaine Snell
Date: July 26, 2018
Docket Number: 17-2821
Jamie Nilsen v. United States
Date: July 26, 2018
Docket Number: 17-2878
Velde v. Thiel  
Date: July 26, 2018
Docket Number: 18-6003

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's judgement revoking debtor's discharge. The panel held that the bankruptcy court did not clearly err in finding that debtor knowingly and fraudulently failed…

Pollard v. Frost  
Date: July 25, 2018
Docket Number: 17-1818

Justia Opinion Summary: Objectors challenged the district court's order granting final approval of a class action settlement agreement between Remington and a class of members that alleged Remington rifles were susceptible to unintentional…

DFM Investments, LLC v. Brandspring Solutions, LLC
Date: July 25, 2018
Docket Number: 17-2447
James Blair-Bey v. State of Iowa
Date: July 25, 2018
Docket Number: 18-1140
Tschiggfrie Properties, Ltd. v. NLRB  
Date: July 24, 2018
Docket Numbers: 17-1450, 17-2198

Justia Opinion Summary: The Eighth Circuit granted the employee's petition for review of the Board's order finding that the company violated sections 8(a)(1) and (3) of the National Labor Relations Act. The employee argued that it did not fire…

Parrish v. Bentonville School District  
Date: July 24, 2018
Docket Number: 17-1915

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the school district and the Arkansas Department of Education, in an action alleging that plaintiffs' children were denied a free appropriate…

United States v. Bravebull  
Date: July 24, 2018
Docket Number: 17-1978

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for assault with a dangerous weapon and assault resulting in serious bodily injury. The court held that any error the prosecutor committed by discussing his views on…

Tschiggfrie Properties, Ltd. v. NLRB
Date: July 24, 2018
Docket Number: 17-2198
United States v. Brian Brown
Date: July 24, 2018
Docket Number: 17-2537
Sharon Meeks v. Department of Human Services
Date: July 24, 2018
Docket Number: 17-2931
United States v. Octavius Coplen
Date: July 24, 2018
Docket Number: 18-1052
Rudy Stanko v. Bosselman Enterprises
Date: July 23, 2018
Docket Number: 17-1810
Davis Neurology PA v. DoctorDirectory.com LLC  
Date: July 23, 2018
Docket Number: 17-1820

Justia Opinion Summary: The Eighth Circuit vacated the district court's judgment on the pleadings and remanded with directions to return the case to state court. The court held that removal of the suit from Arkansas state court to federal court…

United States v. Montgomery  
Date: July 23, 2018
Docket Number: 17-1969

Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of supervised release after finding that defendant violated many conditions, including the use of controlled substances. The court held that the district court…

United States v. Myers  
Date: July 23, 2018
Docket Number: 17-2415

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 188 month sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior conviction for Arkansas first-degree terroristic…

United States v. Thorne  
Date: July 20, 2018
Docket Number: 17-1358

Justia Opinion Summary: Factors that have already been taken into account in calculating the advisory Guidelines range can nevertheless form the basis of a variance. The Eighth Circuit affirmed defendant's resentence on remand from the district…

Moss v. United States  
Date: July 20, 2018
Docket Number: 17-1928

Justia Opinion Summary: This appeal stemmed from consolidated actions alleging negligence and malicious conduct by the United States related to the development and maintenance of Albert Pike. In 2010, an intense storm system caused rapid and…

United States v. Carr  
Date: July 20, 2018
Docket Numbers: 17-2455, 17-2548

Justia Opinion Summary: The Eighth Circuit affirmed Defendant Homedew's conviction for conspiracy to distribute methamphetamine and Defendant Carr's sentence for possession of methamphetamine. The court held that the district court did not err…

United States v. Michael Carr
Date: July 20, 2018
Docket Number: 17-2548
United States v. Bernard Boston
Date: July 20, 2018
Docket Number: 17-2716
United States v. Michael Golden
Date: July 20, 2018
Docket Number: 17-3081
Ronnie Jackson, III v. Kathy Reid
Date: July 20, 2018
Docket Number: 18-1376
United States v. Polukhin  
Date: July 19, 2018
Docket Number: 17-1084

Justia Opinion Summary: The Eighth Circuit affirmed defendant's restitution order after she pleaded guilty to one count of aiding and abetting the solicitation and receipt of kickbacks in return for referring patients to a pharmacy. The court…

Auer v. City of Minot  
Date: July 19, 2018
Docket Numbers: 17-1535, 17-1943

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of the city in an action brought by plaintiff, the former city attorney for Minot, North Dakota. The court also affirmed the district…

Colleen Auer v. City of Minot
Date: July 19, 2018
Docket Number: 17-1943
United States v. Daniel Hess
Date: July 19, 2018
Docket Number: 17-2123
Rodney Gregory v. Commissioner, Social Security
Date: July 19, 2018
Docket Number: 17-2863
United States v. Cesar Payan-Carrillo
Date: July 19, 2018
Docket Number: 17-3350
United States v. Sharkey  
Date: July 18, 2018
Docket Numbers: 17-1480, 17-1917

Justia Opinion Summary: The Eighth Circuit affirmed Defendant Sharkey and Burton's sentences after they pleaded guilty to conspiracy to distribute methamphetamine. The court held that Sharkey's 140 month sentence was substantively reasonable…

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