2018 Eighth Circuit US Court of Appeals Case Law

Opinions 1 - 500 of 826

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 hi...

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 se...

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 hospi...

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 distri...

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 reemploym...

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 (ADA...

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 gra...

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 intan...

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 Der...

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 Circ...

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 whe...

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 Nebr...

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. T...

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 cour...

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 es...

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 employmen...

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 m...

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 tha...

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 we...

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 Je...

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 Di...

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 adver...

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 denia...

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 t...

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 possessin...

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 t...

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 t...

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 th...

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 Sup...

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 distr...

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 plainti...

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 ev...

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 Amend...

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 fi...

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 prote...

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). Plai...

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 Ch...

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 Employmen...

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 no...

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 challen...

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 trafficki...

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. T...

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 dist...

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 Liber...

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 l...

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 an...

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 judgmen...

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 N...

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 plai...

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 pla...

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 de...

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 determin...

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 violat...

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 prostitutio...

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 i...

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 firi...

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 p...

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 sho...

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 threa...

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 se...

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 h...

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 co...

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 an...

United States v. Dennis Sharkey, II
Date: July 18, 2018
Docket Number: 17-1917
United States v. Wadena  
Date: July 18, 2018
Docket Number: 17-2131

Justia Opinion Summary: The Eighth Circuit affirmed the district court's decision to sentence defendant under the Armed Career Criminal Act (ACCA) after he pleaded guilty to one count of being a felon in possession of a firearm. The court held...

United States v. Edward Garcia
Date: July 18, 2018
Docket Number: 17-2379
Leslie Wilson v. Wells Fargo Bank, N.A.
Date: July 17, 2018
Docket Number: 16-3213
Qwest Corp. v. City of Des Moines, Iowa  
Date: July 17, 2018
Docket Number: 17-1257

Justia Opinion Summary: Plaintiffs, several wire-line telecommunications carriers, challenged the City's ordinance that charged plaintiffs for their use of public rights-of-way. The Eighth Circuit affirmed the district court's finding that the...

Bottoms Farm Partnership v. Perdue  
Date: July 17, 2018
Docket Number: 17-2164

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment deferring to an insurance policy interpretation made by the FCIC and a determination regarding the FCIC's authority made by the RMA. The court he...

United States v. Bordman  
Date: July 17, 2018
Docket Number: 17-2395

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 600 month sentence after he pleaded guilty to sexual exploitation of a child and possession of child pornography. The court held that the district court did not dismiss defendant's...

United States v. Justin Jasper
Date: July 17, 2018
Docket Number: 17-2777
Corey Rogers v. Steven Brouk
Date: July 17, 2018
Docket Number: 17-2912
United States v. DNRB, Inc.  
Date: July 17, 2018
Docket Number: 17-3148

Justia Opinion Summary: The Eighth Circuit affirmed DNRB's conviction of a Class B misdemeanor for willfully violating two safety regulations and causing an employee's death. The court held that, because the employee was not connected to an anc...

United States v. Gaines  
Date: July 16, 2018
Docket Numbers: 17-1274, 17-1597

Justia Opinion Summary: The Eighth Circuit affirmed Defendants Lomax and Gaines' sentences after they pleaded guilty to the federal crime of Conspiracy to Distribute Heroin. The court held that the district court did not err in applying a caree...

United States v. Jose Rios-Sanchez
Date: July 16, 2018
Docket Number: 17-1444
United States v. Allen Gaines
Date: July 16, 2018
Docket Number: 17-1597
Bussen Quarries, Inc. v. Acosta  
Date: July 16, 2018
Docket Number: 17-2281

Justia Opinion Summary: The Eighth Circuit granted Bussen's petition for review of the MSHA's issuance of a citation to Bussen. In this case, the Secretary claimed that Bussen violated federal regulation 30 C.F.R. 56.15005, which requires the u...

United States v. Michael Ghost
Date: July 16, 2018
Docket Number: 17-2403
Scarborough v. Federated Mutual Insurance Co.  
Date: July 16, 2018
Docket Number: 17-2409

Justia Opinion Summary: The district court granted Federated's motion for summary judgment after determining that plaintiff's disclosures did not qualify as protected reports under the Minnesota Whistleblower Act (MWA). The Minnesota Supreme Co...

Coyne v. Messerli & Kramer P.A.  
Date: July 16, 2018
Docket Number: 17-2826

Justia Opinion Summary: False representation of the amount of a debt that overstates what is owed under state law materially violates 15 U.S.C. 1692e(2)(A) as well. Plaintiff filed a putative class action against Midland Funding and two debt co...

United States v. Shane Sleister
Date: July 16, 2018
Docket Number: 17-2891
Fletcher v. Tomlinson  
Date: July 13, 2018
Docket Number: 16-4399

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment finding that Officers Martorano and Moton used excessive force in their apprehension and arrest of plaintiff and award of damages to plaintiff. The court held tha...

Robinett v. Shelby County Healthcare Corp.  
Date: July 13, 2018
Docket Number: 17-1336

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of judgment on the pleadings to the Med and Avectus in a class action suit alleging that both federal and Arkansas Medicaid laws prohibited the Med from directly bil...

United States v. Watson  
Date: July 13, 2018
Docket Number: 17-1723

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for distributing five or more grams of actual methamphetamine. The court rejected defendant's claims of evidentiary errors; the government did not impermiss...

Damaris Pineda Pineda v. Jefferson B. Sessions, III
Date: July 13, 2018
Docket Number: 17-1799
United States v. Carlos Brown, Jr.
Date: July 13, 2018
Docket Number: 17-1900
United States v. Schostag  
Date: July 13, 2018
Docket Number: 17-2530

Justia Opinion Summary: The Eighth Circuit affirmed the district court's modification of defendant's terms of his supervised release to include a standard condition explicitly prohibiting the use of medical marijuana. The court held that the di...

United States v. Myron Lee Jones, Jr.
Date: July 13, 2018
Docket Number: 17-2550
United States v. Lewis  
Date: July 13, 2018
Docket Number: 17-3046

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of one count of conspiracy to distribute a mixture or substance containing heroin and furanylfentanyl resulting in death and serious bodily injury and one count of the s...

Litterer v. Rushmore Loan Management Services, LLC  
Date: July 12, 2018
Docket Number: 16-3060

Justia Opinion Summary: Plaintiffs filed suit against their loan servicer, Rushmore, in state court for breach of contract, unjust enrichment, and injunctive relief. After removal to federal court, plaintiffs amended their complaint to add a cl...

United States v. Robert Hertz
Date: July 12, 2018
Docket Number: 17-2235
United States v. DeMarrias  
Date: July 12, 2018
Docket Number: 17-2331

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of a lifetime of supervised release after he pleaded guilty to sexual abuse of a minor and his supervised release was revoked two times. The court held that the district c...

Neal v. Ficcadenti  
Date: July 12, 2018
Docket Number: 17-2633

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of summary judgment to a police officer based on qualified immunity in an action brought by plaintiff under 42 U.S.C. 1983, alleging that the officer applied excess...

Byron Daniels v. HUD
Date: July 12, 2018
Docket Number: 17-3071
United States v. Tong Moua  
Date: July 11, 2018
Docket Number: 17-2046

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for attempted bank robbery and bank robbery. The court held that the evidence was sufficient to support the jury's guilty verdicts where the jury determined...

Smith v. Rockwood R-VI School District  
Date: July 11, 2018
Docket Number: 17-2260

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of the complaint, which alleged violations of the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, and 42 U.S.C. 1983. The court held...

Jaysen McCleary v. City of Des Moines
Date: July 11, 2018
Docket Number: 17-2375
United States v. Charles  
Date: July 11, 2018
Docket Numbers: 17-2391, 17-3094

Justia Opinion Summary: Defendant was convicted of two counts of sex trafficking by use of force, threat, fraud, or coercion; three counts of sex trafficking of a minor; twelve counts of producing child pornography of minors; two counts of rece...

United States v. Vernon Webster
Date: July 11, 2018
Docket Number: 17-2758
Thomas Stone v. Richard Clark
Date: July 11, 2018
Docket Number: 17-2810
United States v. Twyla Adair
Date: July 11, 2018
Docket Number: 17-2902
United States v. Deuvontay Charles
Date: July 11, 2018
Docket Number: 17-3094
United States v. Deiago Davis
Date: July 10, 2018
Docket Number: 17-1127
Holmes v. Garrett  
Date: July 10, 2018
Docket Number: 17-1309

Justia Opinion Summary: Plaintiff sought a certificate of innocence under 28 U.S.C. 2513 and, simultaneously but separately, filed the instant case against Defendants Garrett and Sharp, among others, under 42 U.S.C. 1983. The jury subsequently...

Courtney v. Commissioner  
Date: July 10, 2018
Docket Number: 17-1777

Justia Opinion Summary: The Eighth Circuit affirmed the denial of plaintiff's claims for a period of disability, disability insurance benefits, and supplemental security income. The court held that Social Security Ruling (SSR) 00-4p makes clear...

United States v. Lonnie Sigler
Date: July 10, 2018
Docket Number: 17-1909
United States v. Roger Janis
Date: July 10, 2018
Docket Number: 17-2137
United States v. Adjoni Archambault
Date: July 10, 2018
Docket Number: 17-2283
United States v. Tywone Matthews
Date: July 10, 2018
Docket Number: 17-2763
United States v. Richard James Jackson
Date: July 10, 2018
Docket Number: 17-2865
Samuel Taylor v. Michael Miller
Date: July 10, 2018
Docket Number: 17-2968
United States v. Abiodun Oladele
Date: July 9, 2018
Docket Number: 17-2961
United States v. Isaias Perez
Date: July 9, 2018
Docket Number: 17-3795
McDougall v. Ag Country Farm Credit Services  
Date: July 9, 2018
Docket Number: 17-6028

Justia Opinion Summary: The Bankruptcy Appellate Panel held that it may not consider on appeal the merits of a matter for which there would not have been jurisdiction in the bankruptcy court and thus the panel did not consider the merits of the...

Thompson v. Singleton  
Date: July 6, 2018
Docket Number: 16-4080

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of qualified immunity at summary judgment for an officer in a 42 U.S.C. 1983 action alleging excessive force. The court held that the district court did not err in...

United States v. Pendleton  
Date: July 6, 2018
Docket Number: 17-1527

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

United States v. Jeffrey Ducksworth
Date: July 6, 2018
Docket Number: 17-1537
Winn v. Commissioner  
Date: July 6, 2018
Docket Number: 17-1987

Justia Opinion Summary: The Eighth Circuit affirmed the denial of social security disability insurance benefits on remand. The court held that the ALJ did not err in discounting the opinion of plaintiff's treating physician as not supported by...

United States v. Highbull  
Date: July 6, 2018
Docket Number: 17-2728

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence recovered from a cell phone after he pleaded guilty to sexual exploitation of a child. The court held that defendant's gi...

Ross v. Special Administrative Board of the Transitional School District of the City of St. Louis  
Date: July 5, 2018
Docket Number: 16-3437

Justia Opinion Summary: Charter school parents sought to intervene in the St. Louis public school desegregation litigation to enforce a 1999 Desegregation Settlement Agreement. The Eighth Circuit reversed the district court's denial of the char...

Lansing v. Wells Fargo Bank, N.A.  
Date: July 5, 2018
Docket Number: 17-1067

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment for Wells Fargo in a third lawsuit arising between the parties involving the foreclosure of plaintiff's property. Plaintiff alleged that the bank violated Minn. S...

United States v. Doyal  
Date: July 5, 2018
Docket Number: 17-1320

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of a firearm and ammunition. The court held that defendant's prior conviction for second degree domestic assault in...

Janice Smith v. Commissioner, Social Security
Date: July 5, 2018
Docket Number: 17-2002
United States v. Tiran Casteel
Date: July 5, 2018
Docket Number: 17-2573
United States v. Tyrone Anderson
Date: July 5, 2018
Docket Number: 17-3304
Moses v. Dassault Falcon Jet Corp.  
Date: July 3, 2018
Docket Numbers: 16-4343, 17-1056

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for DFJ on his age discrimination and retaliation claims brought under the Age Discrimination in Employment Act (ADEA); (2) disability discrimina...

NAACP v. Ferguson-Florissant School District  
Date: July 3, 2018
Docket Number: 16-4511

Justia Opinion Summary: The NAACP filed suit against the school district for voter dilution under section 2 of the Voting Rights Act of 1965 (VRA). The Eighth Circuit affirmed the district court's finding that (1) the NAACP had proved the preco...

Gerald Moses v. Dassault Falcon Jet Corp
Date: July 3, 2018
Docket Number: 17-1056
Sims v. State Farm Mutual Automobile Insurance Co.  
Date: July 3, 2018
Docket Number: 17-1333

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to State Farm on plaintiff's bad faith tort claim and on an evidentiary ruling on the underinsured motorist coverage claim. The court held that t...

Hugler v. La Piedad Corp.  
Date: July 3, 2018
Docket Number: 17-1845

Justia Opinion Summary: This appeal arose from the DOL's investigation of possible violations of the Fair Labor Standards Act by La Piedad. The Eighth Circuit reversed the district court's grant of the DOL's motion to hold La Piedad in civil co...

McCormick v. Starion Financial  
Date: July 3, 2018
Docket Number: 17-2192

Justia Opinion Summary: The Eighth Circuit affirmed the bankruptcy appellate panel's ruling affirming the bankruptcy court's order determining that Starion Financial was entitled to $83,122.95 in attorney fees and costs incurred to collect on i...

Cravens v. United States  
Date: July 2, 2018
Docket Number: 16-3078

Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of post-conviction relief to petitioner. The court held that neither of petitioner's Illinois burglary nor his Missouri second-degree burglary convictions were viol...

United States v. Bollinger  
Date: July 2, 2018
Docket Number: 17-1728

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 130 month sentence after he pleaded guilty to one count of heroin distribution. The court held that the district court did not err by imposing an upward departure for distribution...

United States v. Charles McSpadden
Date: July 2, 2018
Docket Number: 17-2160
United States v. Shayla Left Hand
Date: July 2, 2018
Docket Number: 17-2321
Ploetz v. Morgan Stanley Smith Barney, LLC  
Date: July 2, 2018
Docket Number: 17-2405

Justia Opinion Summary: The trustee for the Laudine L. Ploetz, 1985 Trust filed suit against Morgan Stanley, alleging that it had transferred funds from the account without authorization. The trustee later moved the district court to vacate the...

United States v. Shayla Left Hand
Date: July 2, 2018
Docket Number: 17-2480
Paul Ledkins v. Jailer Gustin
Date: July 2, 2018
Docket Number: 17-3031
LaRonda Phox v. Virtuoso Sourcing Group, LLC
Date: July 2, 2018
Docket Number: 17-3254
In Re: Honorable John Kemp  
Date: July 2, 2018
Docket Number: 18-1864

Justia Opinion Summary: An Arkansas trial judge filed suit against the Arkansas Supreme Court and justices in their official capacities, alleging that they violated his constitutional rights by permanently barring him from presiding over death...

United States v. Scott Pitts
Date: June 29, 2018
Docket Number: 17-1174
United States v. Askia  
Date: June 29, 2018
Docket Number: 17-1515

Justia Opinion Summary: Defendant appealed his conviction for misappropriating over $5000 in federal grant funds that were distributed to the organization that he managed to subsidize an after-school program for children, in violation of 18 U.S...

Garcia-Mata v. Sessions  
Date: June 29, 2018
Docket Number: 17-1682

Justia Opinion Summary: The Eighth Circuit granted a petition for review of the Board's decision vacating the IJ's order of withholding of removal, and denial of relief, ordering petitioner removed to Mexico. The court was unable to tell from t...

United States v. Morrissey  
Date: June 29, 2018
Docket Number: 17-2157

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for one count of receipt of child pornography, but remanded with instructions to vacate the lesser-included possession conviction because the district court failed to in...

Jenericah Kibe v. Jefferson B. Sessions, III
Date: June 29, 2018
Docket Number: 17-2266
United States v. John Abbott
Date: June 29, 2018
Docket Number: 17-2932
Terry L. Thompson v. Josh Klimek
Date: June 29, 2018
Docket Number: 17-3225
Federal Insurance Co. v. Great American Insurance Co.  
Date: June 28, 2018
Docket Number: 16-4045

Justia Opinion Summary: Federal filed suit seeking a declaratory judgment determining the parties obligations and any priority coverage in an underlying wrongful death suit. The Eighth Circuit held that repeatedly shooting, and encouraging othe...

Loeffler v. City of Duluth  
Date: June 28, 2018
Docket Number: 17-1377

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiff's claims against defendants in an action alleging claims under the Driver's Privacy Protection Act (DPPA), 18 U.S.C. 2721-25. The court held that th...

Brett McNeal v. University of MN Physicians
Date: June 28, 2018
Docket Number: 17-1383
United States v. Keeler Hopkins, Jr.
Date: June 28, 2018
Docket Number: 17-1752
United States v. Cornelsen  
Date: June 28, 2018
Docket Number: 17-1829

Justia Opinion Summary: The Eighth Circuit affirmed the district court's calculation of the loss amount in defendant's sentence after he was convicted of five counts of wire fraud. The court held that the district court properly determined that...

United States v. Donald Gibson
Date: June 28, 2018
Docket Number: 17-1854
United States v. Julius Heard
Date: June 28, 2018
Docket Number: 17-2225
United States v. Chrishawn Stuckey
Date: June 28, 2018
Docket Number: 17-2414
United States v. Jacinto Loza Gil
Date: June 28, 2018
Docket Number: 17-2460
United States v. Mitteness  
Date: June 28, 2018
Docket Number: 17-2689

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 324 month sentence for conspiracy to transport a minor with intent to engage in criminal sexual activity. The court held that the district court did not err in applying a two-level...

Paris School District v. Harter  
Date: June 28, 2018
Docket Number: 17-3152

Justia Opinion Summary: The Eighth Circuit affirmed the district court's award of attorney fees and its order denying defendant's motion to untimely file a second request for attorney fees. The court held that the district court did not abuse i...

United States v. Samuel Kills Crow Indian
Date: June 28, 2018
Docket Number: 17-3494
Abel Lopez-Cortaza v. Jefferson B. Sessions, III
Date: June 27, 2018
Docket Number: 16-3711
Martinez v. Sessions  
Date: June 27, 2018
Docket Number: 16-4242

Justia Opinion Summary: The Eighth Circuit denied a petition for review of a decision finding petitioner removable from the United States. The court held that the BIA did not err by concluding that petitioner was removable for committing a cont...

Bueno-Muela v. Sessions  
Date: June 27, 2018
Docket Number: 17-1267

Justia Opinion Summary: The Eighth Circuit denied a petition for review of a decision finding petitioner removable from the United States. The court held that the BIA did not err by concluding that petitioner was removable for committing a cont...

United States v. Washington  
Date: June 27, 2018
Docket Number: 17-2004

Justia Opinion Summary: Defendant appealed his conviction and sentence for possession with intent to distribute within 1000 feet of a school. The Eighth Circuit affirmed in part and declined to adopt a "gilding exception" to the Speedy Trial Ac...

Hollie Telford v. Alan B. Johnson
Date: June 27, 2018
Docket Number: 17-2483
United States v. Stanley Adkins
Date: June 26, 2018
Docket Number: 17-1834
Alonzo Coleman v. Michael Hakala
Date: June 26, 2018
Docket Number: 17-1983
United States v. Sorensen  
Date: June 26, 2018
Docket Number: 17-1984

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of life without parole for conspiracy to distribute a controlled substance. The court held that defendant's sentence did not violate the Eighth Amendment; the district cou...

Raphael Mendez v. FMC Minnesota
Date: June 26, 2018
Docket Number: 17-2438
William Bush v. Risk Management Agency
Date: June 26, 2018
Docket Number: 17-3295
United States v. Patrick Lloyd Hofstad
Date: June 25, 2018
Docket Number: 17-1278
United States v. Tuton  
Date: June 25, 2018
Docket Number: 17-1493

Justia Opinion Summary: Patrolling I-30, Arkansas State Police Corporal Goodman stopped a Tornado bus for following too closely. Goodman regularly received High-Intensity Drug Trafficking Area summaries that reported seizures from Tornado buses...

Moore v. Apple Central, LLC  
Date: June 25, 2018
Docket Number: 17-1815

Justia Opinion Summary: Apple acquired the Rogers, Arkansas Applebee’s Neighborhood Grill & Bar, and offered its employees a benefits package that included Guardian life insurance. Megan Moore alleged that employee James Moore enrolled for “ba...

United States v. Sultan Bismillah
Date: June 25, 2018
Docket Number: 17-1821
Soo Tractor Sweeprake Co. v. Gavin/Solmonese LLC
Date: June 25, 2018
Docket Number: 17-2985
United States v. Juan Simental-Lopez
Date: June 25, 2018
Docket Number: 17-3345
United States v. Juan Simental-Lopez
Date: June 25, 2018
Docket Number: 17-3347
United States v. Trevon Sykes
Date: June 22, 2018
Docket Number: 14-3139
Ortiz v. Ferrellgas Partners, L.P.  
Date: June 22, 2018
Docket Numbers: 16-4086, 16-4164

Justia Opinion Summary: Defendants are the nation’s largest distributors of pre-filled propane exchange tanks, which come in a standard size. Before 2008, Defendants filled the tanks with 17 pounds of propane. In 2008, due to rising prices, Def...

Mario Ortiz v. Ferrellgas Partners
Date: June 22, 2018
Docket Number: 16-4164
United States v. Ngombwa  
Date: June 22, 2018
Docket Number: 17-1688

Justia Opinion Summary: During the Rwandan Genocide, the United States admitted a limited number of refugees with priority given to those who were in the most danger, including, in 1998, Ngombwa and purported members of his family. In 1998, DHS...

Hargis v. Koskinen  
Date: June 22, 2018
Docket Number: 17-1694

Justia Opinion Summary: In 2007-2010, the Hargises bought and operated nursing homes. Bobby was the sole owner of corporations that operated the homes (Operating Corporations), which were S corporations. Brenda owned interests in companies that...

Rosales-Martinez v. Ludwick  
Date: June 22, 2018
Docket Number: 17-1910

Justia Opinion Summary: Rosales-Martinez was charged with sexual abuse in the second degree for inappropriately touching his step-daughter, A.C. Before trial, the state sought a protective order for A.C.’s deposition, requiring that Rosales-Mar...

United States v. Coleman Carpenter
Date: June 22, 2018
Docket Number: 17-2691
United States v. Jonathan McClarin
Date: June 22, 2018
Docket Number: 17-3316
United States v. Glover  
Date: June 21, 2018
Docket Number: 16-4114

Justia Opinion Summary: Glover was imprisoned for distributing cocaine base. In 2015, he began serving his five-year term of supervised release. In 2016, he was arrested for unlawfully possessing marijuana packaged for delivery and interfering...

United States v. Travis Gene Clark, Jr.
Date: June 21, 2018
Docket Number: 16-4206
Robert L. Erickson v. United States
Date: June 21, 2018
Docket Number: 17-2482
United States v. Grace  
Date: June 20, 2018
Docket Number: 17-1572

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 72 months in prison after he pleaded guilty to involuntary manslaughter. The court held that the district court neither abused its discretion nor committed a clear erro...

United States v. Hemsher  
Date: June 20, 2018
Docket Number: 17-2189

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for firearms-related charges. The court held that the evidence was sufficient to support defendant's conviction for possession of stolen firearms and for be...

Porche Midgyett v. Commissioner, Social Security
Date: June 18, 2018
Docket Number: 17-1847
Ryndale Buckhanan v. United States
Date: June 15, 2018
Docket Number: 16-3122
United States v. Louis Hardison
Date: June 15, 2018
Docket Number: 17-1441
United States v. Ronald William Swallow
Date: June 14, 2018
Docket Number: 17-1233
Sciaroni v. Target Corp.  
Date: June 13, 2018
Docket Numbers: 15-3909, 15-3912, 16-1203, 16-1245, 16-1408

Justia Opinion Summary: At issue in this appeal was the certification of a class composed of individuals whose payment card information was compromised as a result of the 2013 Target security breach. The Eighth Circuit affirmed the district cou...

Jim Sciaroni v. Target Corporation
Date: June 13, 2018
Docket Number: 15-3912
Jim Sciaroni v. Target Corporation
Date: June 13, 2018
Docket Number: 16-1203
Jim Sciaroni v. Target Corporation
Date: June 13, 2018
Docket Number: 16-1245
Jim Sciaroni v. Target Corporation
Date: June 13, 2018
Docket Number: 16-1408
United States v. Swopes  
Date: June 13, 2018
Docket Number: 16-1797

Justia Opinion Summary: After the Eighth Circuit vacated defendant's sentence on the ground that second-degree robbery in Missouri was not a violent felony under the reasoning of United States v. Bell, 840 F.3d 963, 965-67 (8th Cir. 2016), the...

United States v. Tammy Velazquez
Date: June 13, 2018
Docket Number: 17-1447
Ervin v. Bowersox  
Date: June 13, 2018
Docket Number: 17-1743

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of habeas relief under 28 U.S.C. 2254(d) to petitioner, who was convicted of statutory sodomy and sentenced to 30 years in prison. The court held that the Missouri...

Wright v. United States  
Date: June 13, 2018
Docket Number: 17-2274

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the United States and the Deputy U.S. Marshals in their individual and official capacities on plaintiff's claims for false arrest, false impri...

United States v. Luis Ortiz
Date: June 13, 2018
Docket Number: 17-3074
In re Sealed Case  
Date: June 12, 2018
Docket Number: 16-4456

Justia Opinion Summary: Defendant pleaded guilty in 2008 to conspiracy to distribute a controlled substance. His advisory guidelines range was 324-405 months’ imprisonment, but the statutory maximum for his offense was 240 months’ imprisonment,...

Missourians for Fiscal Accountability v. Klahr  
Date: June 12, 2018
Docket Number: 17-1314

Justia Opinion Summary: Under Missouri campaign finance law, chapter 130, a “campaign committee” is formed to receive contributions or make expenditures solely to support or oppose particular ballot measures, "such committee shall be formed no...

United States v. Benjamin Padgett
Date: June 12, 2018
Docket Number: 17-1747
United States v. Derick Colin Wilkinson
Date: June 12, 2018
Docket Number: 17-1938
NLRB v. EYM King of Missouri, LLC
Date: June 12, 2018
Docket Number: 17-1944
Grussing v. Orthopedic and Sports Medicine, Inc.  
Date: June 12, 2018
Docket Number: 17-2228

Justia Opinion Summary: Dr. Solman performed arthroscopic surgery on Grussing’s knee in June 2014. At her July 9 appointment, Grussing reported swelling in her knee to a physician's assistant, who recommended physical therapy. Dr. Solman did no...

Brazil v. Arkansas Department of Human Services  
Date: June 12, 2018
Docket Number: 17-2229

Justia Opinion Summary: Brazil spent over three decades working for the Arkansas Department of Human Services. A 2010 disagreement with her supervisor eventually led her to seek a transfer to another division. When she did not receive a transfe...

United States v. John Moniz
Date: June 12, 2018
Docket Number: 17-2471
United States v. Buck Hansbrough
Date: June 12, 2018
Docket Number: 17-3032
Dean v. Searcey  
Date: June 11, 2018
Docket Number: 16-4059

Justia Opinion Summary: After plaintiffs were exonerated for the murder of Helen Wilson in 2008, they filed a 42 U.S.C. 1983 action, alleging that their arrests and imprisonment were the result of a reckless investigation and manufactured false...

United States v. Zeaiter  
Date: June 11, 2018
Docket Numbers: 16-4066, 16-4118, 16-4555

Justia Opinion Summary: Defendants challenged their sentences after being convicted of various crimes related to their involvement in a scheme to purchase and ship firearms to Lebanon for resale. The Eighth Circuit held that the district court...

United States v. Sarah Zeaiter
Date: June 11, 2018
Docket Number: 16-4118
United States v. Eric Hans
Date: June 11, 2018
Docket Number: 16-4547
United States v. Sarah Zeaiter
Date: June 11, 2018
Docket Number: 16-4555
Miranda v. Sessions  
Date: June 11, 2018
Docket Number: 17-1430

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's order reversing an IJ's decision to grant petitioner withholding of removal. The court held that petitioner's proposed social group consisting of "former taxi...

Rodriguez v. Wal-Mart Stores, Inc.  
Date: June 11, 2018
Docket Number: 17-1737

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to Walmart in an action alleging employment discrimination. The court held that plaintiff failed to file a charge of discrimination with the EEOC...

United States v. James Spiotto
Date: June 11, 2018
Docket Number: 17-2725
Camick v. Sessions  
Date: June 8, 2018
Docket Numbers: 16-3506, 17-2089

Justia Opinion Summary: The Eighth Circuit denied petitions for review of two decisions of the BIA dismissing petitioner's appeal from the IJ's grant of voluntary departure with an alternate order of removal, and denying reconsideration. The co...

United States v. Chad Moens
Date: June 8, 2018
Docket Number: 16-4579
United States v. Vilaychith Khouanmany
Date: June 8, 2018
Docket Number: 17-1243
Pharmaceutical Care Management v. Rutledge  
Date: June 8, 2018
Docket Numbers: 17-1609, 17-1629

Justia Opinion Summary: Act 900, Arkansas Code Annotated 17-92-507, an amendment to the state's then-existing maximum allowable cost (MAC) law that governed the conduct of pharmacy benefits managers, was preempted by the Employee Retirement Inc...

Pharmaceutical Care Management v. Leslie Rutledge
Date: June 8, 2018
Docket Number: 17-1629
Leslie Camick v. Jefferson B. Sessions, III
Date: June 8, 2018
Docket Number: 17-2089
Deverick Scott v. Wendy Kelley
Date: June 8, 2018
Docket Number: 17-2649
United States v. Keeyon Dunbar
Date: June 8, 2018
Docket Number: 17-3227
United States v. Venus Ford
Date: June 8, 2018
Docket Number: 17-3367
Mahn v. Jefferson County  
Date: June 7, 2018
Docket Number: 16-1731

Justia Opinion Summary: Howard, the circuit court clerk, hired Mahn as a deputy clerk. In 2014, Howard did not run for reelection. He supported fellow Democrat McKee. According to Mahn, Howard “summoned [her]” to “forcefully impress upon [her]...

United States v. Debrom Kokobu
Date: June 7, 2018
Docket Number: 17-1812
United States v. Mark Steffes
Date: June 7, 2018
Docket Number: 17-2673
Carl Davis, Jr. v. Wendy Kelley
Date: June 7, 2018
Docket Number: 17-2966
Jovica Petrovic v. United States
Date: June 7, 2018
Docket Number: 17-3505
United States v. Wilmer Vargas-Rodriguez
Date: June 6, 2018
Docket Number: 17-1157
Humphrey v. Eureka Gardens Public Facility Board  
Date: June 6, 2018
Docket Number: 17-1265

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiffs' 42 U.S.C. 1983 complaint as time-barred. The court held that plaintiffs' claims accrued in October 2011, when they were notified of the allegedly...

United States v. Helm  
Date: June 6, 2018
Docket Number: 17-1284

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The court held that defendant was not eligible for a reduction where the district court c...

United States v. Matthew Fuller
Date: June 6, 2018
Docket Number: 17-1442
Woodworth v. Hulshof  
Date: June 6, 2018
Docket Number: 17-1667

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to a prosecutor and judge in a civil rights action alleging that defendants conspired to deprive plaintiff of his constitutional rights during cr...

United States v. Eugene Ogden
Date: June 6, 2018
Docket Number: 17-1736
Ayala v. CyberPower Systems (USA), Inc.  
Date: June 6, 2018
Docket Number: 17-1852

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for CyberPower in an action alleging breach of contract, fraud, and unpaid wages. Plaintiff alleged that CyberPower breached a Compensation Agree...

United States v. Jamie Clayton
Date: June 6, 2018
Docket Number: 17-1939
United States v. Ler Wah Guide  
Date: June 6, 2018
Docket Number: 17-2431

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of possession of a firearm by a prohibited person. The court held that defendant knowingly and voluntarily waived his right to a jury trial when he pleaded guilty to mis...

Tynisha Reinerio v. Bank of America N.A.
Date: June 6, 2018
Docket Number: 17-3120
United States v. Stanley  
Date: June 5, 2018
Docket Number: 16-4241

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of evasion of payment of taxes and corruptly endeavoring to impede enforcement of Internal Revenue laws. The court held that the district court adequately warned defenda...

United States v. Pulido-Ayala  
Date: June 5, 2018
Docket Number: 17-1371

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained from his vehicle after he pleaded guilty to drug trafficking charges. In this case, a police drug dog instinctiv...

United States v. Stelmacher  
Date: June 5, 2018
Docket Number: 17-1421

Justia Opinion Summary: Defendant pleaded guilty to possession of a firearm as an unlawful user of a controlled substance and was sentenced to 31 months in prison and three years of supervised release. On appeal, defendant challenged the distri...

United States v. Timothy West
Date: June 5, 2018
Docket Number: 17-2286
United States v. Darrell Sims
Date: June 5, 2018
Docket Number: 17-3104
Raymond D. Elliott v. Ocwen Loan Servicing, L.L.C.
Date: June 5, 2018
Docket Number: 17-3113
United States v. Marshall  
Date: June 4, 2018
Docket Number: 16-4499

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to making a false statement to a government agency and aggravated identity theft. The court held that the district court did not procedurally err b...

A.H. v. St. Louis County, Missouri  
Date: June 4, 2018
Docket Numbers: 17-1198, 17-1393

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment dismissing plaintiffs' Fourteenth Amendment and wrongful death claims, as well as plaintiffs' claims under the Americans with Disabilities Act (A...

A.H. v. St. Louis County, Missouri
Date: June 4, 2018
Docket Number: 17-1393
United States v. Ramon Ponce
Date: June 4, 2018
Docket Number: 17-2169
Victoria Haynes v. Jack Wagoner, III
Date: June 4, 2018
Docket Number: 17-2320
Evelyn Hernandez-Guillen v. Jefferson B. Sessions, III
Date: June 1, 2018
Docket Number: 17-1865
United States v. Jean  
Date: June 1, 2018
Docket Number: 17-2178

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained by a warrant using the Network Investigative Technique (NIT). The court held that defendant's challenge to the N...

United States v. Aldo Lopez Martinez
Date: June 1, 2018
Docket Number: 17-2988
United States v. Bradley Widener
Date: June 1, 2018
Docket Number: 18-1259
Lamont Williamson v. Troy Steele
Date: May 31, 2018
Docket Number: 16-2654
Williams v. York  
Date: May 31, 2018
Docket Number: 17-1019

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendants' request to reconsider its previous denial of their motion for summary judgment based on qualified immunity. In this case, an inmate at the ADC filed...

United States v. Edwards  
Date: May 31, 2018
Docket Number: 17-1455

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of conspiracy to distribute heroin and possession with intent to distribute heroin. The court affirmed the district court's denial of defendant's pre-trial motion to sup...

Heidi Ann Hill v. Commissioner, Social Security
Date: May 31, 2018
Docket Number: 17-2531
United States v. Harvey  
Date: May 30, 2018
Docket Number: 17-1370

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence for receipt of child pornography after the district court vacated his conviction for the lesser-included possession of child pornography count. The court held that the dis...

KeOndra Chestang v. Missally Simpson
Date: May 30, 2018
Docket Number: 17-1844
United States v. Lamonte Dickens
Date: May 30, 2018
Docket Number: 17-2219
United States v. Cedric Reynolds
Date: May 30, 2018
Docket Number: 17-3122
United States v. James Caldwell
Date: May 30, 2018
Docket Number: 17-3166
Joseph Flying Horse v. James Hansen
Date: May 30, 2018
Docket Number: 18-1118
United States v. Cesar Sevilla-Acosta
Date: May 29, 2018
Docket Number: 17-1153
United States v. Perez-Trevino  
Date: May 29, 2018
Docket Numbers: 17-1289, 17-1352, 17-1718

Justia Opinion Summary: The Eighth Circuit affirmed Defendants Perez-Trevino, Flores, and Castellanos' convictions for crimes related to their involvement in a conspiracy to distribute methamphetamine. The court held that the police department'...

United States v. Marcos Perez-Trevino
Date: May 29, 2018
Docket Number: 17-1352
Stewart v. Kelley  
Date: May 29, 2018
Docket Number: 17-1517

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of habeas relief to petitioner after he was convicted of raping an adult woman with the mental capacity of a young child and sentenced to seventy years in prison as...

United States v. Marcos Perez-Trevino
Date: May 29, 2018
Docket Number: 17-1718
Steven Hill v. C V Rivera
Date: May 29, 2018
Docket Number: 17-2363
United States v. Eason  
Date: May 25, 2018
Docket Number: 17-1402

Justia Opinion Summary: The Eighth Circuit affirmed defendant's reduced 262 month sentence on remand after he was convicted of two counts of being a felon in possession of a firearm and ammunition. The court held that the district court did not...

Welspun Pipes Inc. v. Liberty Mutual Fire Insurance Co.  
Date: May 25, 2018
Docket Number: 17-1470

Justia Opinion Summary: Welspun filed suit against its insurer, Liberty Mutual, arguing that its unpaid mitigation costs were "necessary expenses" included in the policy's loss of business income coverage. The Eighth Circuit affirmed the distri...

Rubio v. Sessions  
Date: May 25, 2018
Docket Number: 17-1902

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's application for Temporary Protected Status (TPS) and order of removal. The court held that petitioner's prior violations of two m...

United States v. Edgar Hernandez
Date: May 25, 2018
Docket Number: 17-2983
United States v. Kopecky  
Date: May 24, 2018
Docket Number: 17-1754

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of conspiracy to possess with intent to distribute and to distribute a controlled substance. The court held that the district court did not abuse its discretion in denyi...

Derrick Walker v. Tyson Foods Inc
Date: May 24, 2018
Docket Number: 17-2280
Jonathan Jones v. Duane Livingston Trucking, Inc
Date: May 24, 2018
Docket Number: 17-2541
United States v. Nicholas Bass
Date: May 24, 2018
Docket Number: 17-2720
United States v. William Adkins
Date: May 24, 2018
Docket Number: 17-3066
United States v. Cowan  
Date: May 24, 2018
Docket Number: 17-3105

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's 18 U.S.C. 3582(c)(2) motion to reduce his sentence under Guidelines Amendment 782. The court held that the district court did not err in denying defe...

United States v. Justin Sneed, Sr.
Date: May 24, 2018
Docket Number: 17-3190
David Jacob v. Rosalyn Cotton
Date: May 24, 2018
Docket Number: 17-3469
Theresa Marshall v. ECMC
Date: May 23, 2018
Docket Number: 18-1843
Levering v. United States  
Date: May 21, 2018
Docket Number: 16-3454

Justia Opinion Summary: The Eighth Circuit affirmed petitioner's new sentence after the district court vacated his original sentence under 28 U.S.C. 2255 and again applied an enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924...

United States v. Hernandez-Espinoza  
Date: May 21, 2018
Docket Number: 17-2065

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for misusing a social security number and for the statutorily mandated two additional years in prison for aggravated identity theft. The court held that the district cou...

United States v. James Bowman
Date: May 21, 2018
Docket Number: 17-2497
United States v. Curtis Wordes
Date: May 21, 2018
Docket Number: 17-2895
United States v. McGee  
Date: May 18, 2018
Docket Number: 17-2080

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to two counts of being a felon in possession of a firearm and ammunition. The court held that the district court did not err by imposing sentencing...

Garcia-Urbano v. Sessions  
Date: May 17, 2018
Docket Number: 16-1571

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). T...

United States v. Clifton Cloyd
Date: May 17, 2018
Docket Number: 17-2748
Muncy v. CIR  
Date: May 16, 2018
Docket Number: 17-2576

Justia Opinion Summary: The Eighth Circuit affirmed the tax court's order finding that taxpayer owed additional income taxes and penalties. The court held that the person that issued the notice of deficiency was in a supervisory position and th...

Ahmed v. Sessions  
Date: May 15, 2018
Docket Number: 17-2035

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of asylum, withholding of removal, and voluntary departure. The court held that the record contained sufficient facts to sup...

United States v. Holt  
Date: May 15, 2018
Docket Number: 17-2170

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he violated his terms of supervision. The court held that the district court properly considered the relevant factors and did not procedurally err in failing to expl...

United States v. Hill  
Date: May 14, 2018
Docket Number: 17-1582

Justia Opinion Summary: The Eighth Circuit held that defendant's challenge to his revocation sentence was moot because he had served the sentence and been release from custody. The court vacated the mandatory condition of supervised release req...

Tammy Gates v. Commissioner, Social Security
Date: May 14, 2018
Docket Number: 17-2270
Anthony Marshall v. Karen Grant
Date: May 14, 2018
Docket Number: 17-2982
United States v. Roger Willis
Date: May 14, 2018
Docket Number: 17-3410
Faidley v. United Parcel Service  
Date: May 11, 2018
Docket Number: 16-1073

Justia Opinion Summary: The Eighth Circuit granted rehearing en banc and vacated the panel opinion in Faidley v. United Parcel Serv. of Am., Inc., 853 F.3d 447 (8th Cir. 2017). The court affirmed the district court's grant of summary judgment...

United States v. Sanchez-Rojas  
Date: May 11, 2018
Docket Number: 16-3734

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to unlawful reentry as a removed alien after an aggravated felony conviction. The court held that the district court did not plainly err by increas...

United States v. Benton  
Date: May 11, 2018
Docket Numbers: 16-3861, 16-3862, 16-3864

Justia Opinion Summary: The Eighth Circuit affirmed Defendants Benton, Tate, and Kesari's conviction of causing false records, causing false campaign expenditure reports, engaging in a false statements scheme; and conspiring to commit these off...

United States v. Jesse Benton
Date: May 11, 2018
Docket Number: 16-3862
United States v. Jesse Benton
Date: May 11, 2018
Docket Number: 16-3864
United States v. Darren Stepp-Zafft
Date: May 11, 2018
Docket Number: 17-1558
United States v. Hardin  
Date: May 11, 2018
Docket Number: 17-1616

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of being a felon in possession of a firearm. The court held that evidence regarding the firearm's operability was properly excluded because it would have yielded substan...

Zola v. TD Ameritrade, Inc.  
Date: May 10, 2018
Docket Numbers: 16-3013, 16-3016, 16-3019

Justia Opinion Summary: Plaintiffs filed separate class action complaints against TD Ameritrade, alleging that the company breached its duty of best execution when it routed client orders to buy and sell securities to trading venues that paid T...

Jay Zola v. TD Ameritrade, Inc.
Date: May 10, 2018
Docket Number: 16-3016
Jay Zola v. TD Ameritrade, Inc.
Date: May 10, 2018
Docket Number: 16-3019
Williams v. Mannis  
Date: May 10, 2018
Docket Number: 17-2017

Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of defendant's motion for summary judgment based on qualified immunity and state statutory immunity. Plaintiff had filed suit against defendant and others, alleging...

United States v. Benjamin Henderson
Date: May 10, 2018
Docket Number: 17-2938
United States v. Danny Wolfe
Date: May 9, 2018
Docket Number: 17-2145
Jose Romero-Larin v. Jefferson B. Sessions, III
Date: May 8, 2018
Docket Number: 16-3903
Argus Leader Media v. Food Marketing Institute  
Date: May 8, 2018
Docket Number: 17-1346

Justia Opinion Summary: The Eighth Circuit affirmed on remand the district court's conclusion that Exemption 4 of the Freedom of Information Act (FOIA) did not apply to SNAP redemption information. The court rejected the USDA's claim that relea...

United States v. Diamond Thompson
Date: May 8, 2018
Docket Number: 17-1351
Jose Romero-Larin v. Jefferson B. Sessions, III
Date: May 8, 2018
Docket Number: 17-1868
United States v. Padilla  
Date: May 8, 2018
Docket Number: 17-2025

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to drug and firearms charges. The court held that no plain procedural error occurred, and any such error would have been harmless because the distr...

Wilfrido Pujols v. Pujols Family Foundation
Date: May 8, 2018
Docket Number: 17-3414
United States v. Dominique Darden
Date: May 8, 2018
Docket Number: 17-3506
Chester Vaughn v. Warden James Gibson
Date: May 8, 2018
Docket Number: 17-3529
Ryan v. Ryan  
Date: May 7, 2018
Docket Number: 16-3149

Justia Opinion Summary: Stacy Ryan filed suit against Streck, Inc. and Connie Ryan, alleging violations of section 10(b) of the Securities Exchange Act of 1934, Securities and Exchange Commission Rule 10b-5, and multiple violations of Nebraska...

Lonesome Dove Petroleum, Inc. v. Holt  
Date: May 7, 2018
Docket Numbers: 16-3467, 16-3611

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to defendant in an action alleging claims of negligent misrepresentation, unjust enrichment, and denial of equitable relief. The court held that...

Lonesome Dove Petroleum, Inc. v. John H. Holt
Date: May 7, 2018
Docket Number: 16-3611
Nathan Hoggard v. Roger Page
Date: May 7, 2018
Docket Number: 17-2525
Judy Shotwell v. Regional West Medical Center
Date: May 7, 2018
Docket Number: 17-2561
United States v. Sanjuana Aaron
Date: May 7, 2018
Docket Number: 17-2602
William Cody v. Ashley McDonald
Date: May 7, 2018
Docket Number: 17-2611
United States v. Tommie Thompson
Date: May 7, 2018
Docket Number: 17-3157
Berenguer v. Anoka County  
Date: May 4, 2018
Docket Number: 16-4123

Justia Opinion Summary: Plaintiff, a former MLB player, filed suit alleging violations of the Driver's Privacy Protection Act (DPPA), 18 U.S.C. 2721-25, after an audit revealed that officers from over thirty departments had accessed his informa...

United States v. Shumpert  
Date: May 4, 2018
Docket Number: 17-1168

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of bank robbery, holding that the district court did not err by failing to suppress an in-court identification. The court explained that, even if the district court erre...

Cutcliff v. Reuter  
Date: May 4, 2018
Docket Number: 17-1465

Justia Opinion Summary: The Eighth Circuit affirmed the district court's summary judgment orders in an action where creditors were attempting to collect on judgments against Vertical and Defendant Reuter by levying assets now belonging to Reute...

United States v. Clayton Gregory
Date: May 4, 2018
Docket Number: 17-1891
Webb v. City of Maplewood  
Date: May 4, 2018
Docket Number: 17-2381

Justia Opinion Summary: The Eighth Circuit affirmed the district court's ruling that the City was not immune from a 42 U.S.C. 1983 suit in a putative class action alleging that the City's policy or custom of automatically issuing arrest warrant...

United States v. Norman Dudley
Date: May 4, 2018
Docket Number: 17-2919
Phillip Thompson v. Bank of NY Mellon Trust Co.
Date: May 3, 2018
Docket Number: 16-4157
United States v. Larry Reese
Date: May 3, 2018
Docket Number: 17-1773
United States v. Pyles  
Date: May 3, 2018
Docket Number: 17-2116

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 180 month 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 concluding that defendant's prior conv...

United States v. David Lemmon
Date: May 3, 2018
Docket Number: 17-2457
Charles Richards v. City of Des Moines Police Dept
Date: May 3, 2018
Docket Number: 17-2656
United States v. Mark Hall
Date: May 3, 2018
Docket Number: 17-3387
Fryberger v. University of Arkansas  
Date: May 2, 2018
Docket Number: 16-4505

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial in part of the University's motion to dismiss an action alleging violations of Title IX of the Education Amendments of 1972. The district court refused to dismiss t...

Smoky Hills Wind Project II v. Independence, Missouri  
Date: May 2, 2018
Docket Numbers: 17-1091, 17-1171

Justia Opinion Summary: Smoky II filed a breach of contract suit against the city when it did not receive payment from the city on invoices related to curtailed energy (wind energy that was not actually produced because the producer was directe...

Smoky Hills Wind Project II v. City of Independence, Missouri
Date: May 2, 2018
Docket Number: 17-1171
United States v. Jacob Watters
Date: May 2, 2018
Docket Number: 17-1271
Ellen E. Packenham Stanley v. Commissioner, Social Security
Date: May 2, 2018
Docket Number: 17-2255
Randolph Rabbe v. Wells Fargo Home Mortgage, Inc
Date: May 2, 2018
Docket Number: 17-2906
Richard Elbert v. Gilbert Carter
Date: May 1, 2018
Docket Number: 16-4077
United States v. Garcia  
Date: May 1, 2018
Docket Number: 16-4523

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of the methamphetamine that an investigator found in defendant's luggage on an Amtrak train. The court held that the dist...

United States v. Grimes  
Date: May 1, 2018
Docket Number: 16-4529

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 228 month sentence after he pleaded guilty to attempted distribution of child pornography, attempted receipt of child pornography, and possession of child pornography. The court he...

United States v. Benson  
Date: May 1, 2018
Docket Number: 17-2094

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to conspiracy to violate 18 U.S.C. 922(g)(1) (felon in possession of a firearm), in violation of 18 U.S.C. 371. The court held that the district co...

Latoya Owens v. Linn Companies
Date: May 1, 2018
Docket Number: 17-2585
United States v. Mark Lembo
Date: May 1, 2018
Docket Number: 17-2861
Simmons v. Smith  
Date: April 30, 2018
Docket Number: 16-3899

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for NPS, in an action alleging violation of the Administrative Procedure Act (APA), 5 U.S.C. 706, in establishing the boundaries of the Niobrara...

Andrews v. Schafer  
Date: April 30, 2018
Docket Number: 16-4351

Justia Opinion Summary: Defendant was committed to the custody of the Missouri Department of Mental Health for treatment after he was found not guilty by reason of insanity under Missouri state law when he fired shots in the direction of two of...

Arthur English v. Jim Payne
Date: April 30, 2018
Docket Number: 16-4404
East Iowa Plastics, Inc. v. PI, Inc.  
Date: April 30, 2018
Docket Number: 16-4574

Justia Opinion Summary: The Eighth Circuit considered this trademark dispute on remand. In the previous appeal, the court asked the district court to address state-law questions pertaining to the availability of attorney's fees and the ownershi...

Courtney Clark v. Tom Roy
Date: April 30, 2018
Docket Number: 17-1475
Rex Gard v. Bob Dooley
Date: April 30, 2018
Docket Number: 17-1583
United States v. Cross  
Date: April 30, 2018
Docket Number: 17-1982

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and 120 month sentence of being a prohibited person in possession of a firearm and ammunition. The court affirmed the denial of defendant's motion to suppress evidence s...

McPherson v. Brennan  
Date: April 30, 2018
Docket Number: 17-2098

Justia Opinion Summary: Plaintiff filed suit alleging that he was improperly rejected for the position of Criminal Investigator with the USPS in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq., and that he s...

Judith Harvey v. Ozark Community Hospital
Date: April 30, 2018
Docket Number: 17-2552
United States v. Julian Mix-Perez
Date: April 30, 2018
Docket Number: 17-2707
United States v. Pablo Carrillo
Date: April 30, 2018
Docket Number: 17-2889
United States v. Jason Kirlin
Date: April 30, 2018
Docket Number: 17-2890
United States v. Jason Clark
Date: April 30, 2018
Docket Number: 17-3026
United States v. Pettis  
Date: April 27, 2018
Docket Number: 16-3988

Justia Opinion Summary: The Eighth Circuit vacated defendant's sentence and remanded for resentencing under the Armed Career Criminal Act (ACCA) after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant'...

Glenn Harlow v. United States
Date: April 27, 2018
Docket Number: 16-4048
United States v. Moberg  
Date: April 27, 2018
Docket Number: 16-4295

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for one count of receiving child pornography and one count of possessing child pornography. The court held that the district court properly admitted defendant's statemen...

United States v. Armando Valerio
Date: April 27, 2018
Docket Number: 17-1255
Halbrook v. Mallinckrodt, LLC  
Date: April 27, 2018
Docket Numbers: 17-1452, 17-2215

Justia Opinion Summary: Plaintiff filed suit against defendants, asserting wrongful death claims under the public liability provision of the Price-Anderson Nuclear Industries Indemnity Act, alleging exposure to nuclear radiation during World Wa...

Chismarich v. Berryhill  
Date: April 27, 2018
Docket Number: 17-1453

Justia Opinion Summary: The Eighth Circuit affirmed the Commissioner's denial of disability benefits and dismissal of plaintiff's complaint under 42 U.S.C. 405(g). The court held that the record overwhelmingly supported the determination that p...

Erick Isabel Ruiz-Garcia v. Jefferson B. Sessions, III
Date: April 27, 2018
Docket Number: 17-1486
Russell Halbrook v. Mallinckrodt, LLC
Date: April 27, 2018
Docket Number: 17-2215
United States v. Juvenile Male  
Date: April 27, 2018
Docket Number: 17-2605

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order transferring defendant for criminal prosecution as an adult under 18 U.S.C. 5032. The court held that the district court did not abuse its discretion by deciding to...

David Librace v. Deborah Wright
Date: April 27, 2018
Docket Number: 17-3073
ZW USA, Inc. v. PWD Systems, LLC  
Date: April 26, 2018
Docket Numbers: 16-3999, 16-4035

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to PWD on a trademark infringement claim filed by ZW, another company that sells plastic bags for picking up and disposing of dog waste. The cour...

ZW USA, Inc. v. PWD Systems, LLC
Date: April 26, 2018
Docket Number: 16-4035
United States v. Goldsberry  
Date: April 26, 2018
Docket Numbers: 16-4315, 16-4327

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 abuse its discretion in applying an enhancement under U...

United States v. Jody Goldsberry
Date: April 26, 2018
Docket Number: 16-4327
The Official Committee of Unsecured Creditors v. The Archdiocese of Saint Paul and Minneapolis  
Date: April 26, 2018
Docket Number: 17-1079

Justia Opinion Summary: The Committee, which represented more that 400 clergy sexual abuse claimants, appealed the district court's decision affirming the bankruptcy court's denial of the Committee's motion for substantive consolidation of debt...

United States v. Willard Paul Farrell, III
Date: April 26, 2018
Docket Number: 17-1130
United States v. Michael Antwain Modisett
Date: April 26, 2018
Docket Number: 17-1287
United States v. Rashad  
Date: April 26, 2018
Docket Number: 17-1545

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of an 18 U.S.C. 3582(c)(2) sentence reduction based upon Sentencing Guidelines Amendment 782. Amendment 782, in most cases, retroactively reduced the drug quantity...

United States v. Teresa Witthar
Date: April 26, 2018
Docket Number: 17-1751
Donaldson v. Kansas City Southern Railway Co.  
Date: April 26, 2018
Docket Number: 17-2039

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment against plaintiff in an action alleging that Southern negligently maintained the roadway at a crossing where its three tracks intersected a state...

United States v. Larry Navarete
Date: April 26, 2018
Docket Number: 17-2294
Kenneth Werbach v. University of Arkansas
Date: April 26, 2018
Docket Number: 17-2767
United States v. Tyron Young
Date: April 26, 2018
Docket Number: 17-2885
United States v. Houck  
Date: April 26, 2018
Docket Number: 17-3045

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of defendant's motion to suppress evidence found in his recreational vehicle (RV). The court held that the district court erred by finding that the search of the RV...

Abraham Grant v. Estella Bland
Date: April 26, 2018
Docket Number: 17-3709
Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. U.S. Corps of Engineers  
Date: April 25, 2018
Docket Number: 16-4283

Justia Opinion Summary: The Tribe filed suit alleging that the Corps violated the Administrative Procedure Act (APA), the Clean Water Act (CWA), and the National Historic Preservation Act (NHPA) in issuing permit and exemption determinations to...