2018 Eighth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1157
Date: December 28, 2018
Docket Number: 17-2562
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for wire fraud, filing for bankruptcy for the purpose of executing a scheme to defraud, and making false statements in relation to bankruptcy proceedings.…
Date: December 28, 2018
Docket Number: 17-3460
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture. Petitioner,…
Date: December 28, 2018
Docket Number: 18-1001
Justia Opinion Summary: Defendant appealed his conviction and sentence for producing child pornography. The Eighth Circuit held that the district court did not err in denying defendant's request for an instruction on the lesser-included offense…
Date: December 28, 2018
Docket Number: 18-1134
Justia Opinion Summary: The class representative of federal securities class actions appealed the dismissal of the unsecured creditor claim and amended claim he filed in the pending Chapter 7 bankruptcy proceeding of lead class counsel, Green…
Date: December 27, 2018
Docket Number: 17-3642
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not err in determining that defendant committed the Iowa…
Date: December 26, 2018
Docket Number: 18-2074
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of possession of a firearm by an alien unlawfully in the United States after having been previously convicted of a misdemeanor crime of domestic violence. The court held…
Date: December 21, 2018
Docket Numbers: 17-1570, 17-1755
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in favor of Hargis in an action brought by B&B, alleging a trademark infringement claim involving B&B's SEALTIGHT mark and Hargis' SEALTITE mark. The court found…
Date: December 21, 2018
Docket Number: 17-3723
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the USDA's 2017 orders withdrawing an interim final rule and two proposed regulations promulgated under the Packers and Stockyards Act (PSA). The court held that the…
Date: December 20, 2018
Docket Number: 17-3606
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after she pleaded guilty to second degree murder. The court held that the district court clearly considered potential sentence disparity and weighed the 18 U.S.C. 3553(a)…
Date: December 20, 2018
Docket Number: 18-1457
Justia Opinion Summary: The Eighth Circuit reversed and remanded the district court's denial of disability insurance benefits and supplemental security income to plaintiff. The court held that the ALJ failed to provide a good reason for…
Date: December 19, 2018
Docket Number: 17-1935
Justia Opinion Summary: Plaintiff filed suit against his former employer for race and age discrimination under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Arkansas Civil Rights Act, and for promissory…
Date: December 19, 2018
Docket Number: 17-2152
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Cargill in an action alleging that the company discriminated against a former employee in violation of the Americans with Disabilities Act…
Date: December 19, 2018
Docket Number: 18-1323
Justia Opinion Summary: The district court affirmed the denial of social security disability benefits to claimant, holding that substantial evidence supported the ALJ's finding that claimant had the residual functional capacity to perform…
Date: December 18, 2018
Docket Number: 17-3592
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for one count of sex trafficking of a minor under the age of 18, one count of sex trafficking of a minor under the age of 14, and three counts of distribution of crack…
Date: December 17, 2018
Docket Number: 16-4273
Justia Opinion Summary: The Eighth Circuit enforced defendant's waiver appeal and dismissed her appeal, rejecting her claim that the government breached the plea agreement because it provided her self-incriminating proffered statements to the…
Date: December 17, 2018
Docket Number: 17-3040
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute and possess with intent to distribute marijuana, interference with commerce by robbery (or a Hobbs Act robbery), using and…
Date: December 14, 2018
Docket Number: 17-3496
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for two counts of sexual exploitation of a child and production of child pornography, as well as one count of possession of child pornography. The court…
Date: December 13, 2018
Docket Number: 17-3418
Justia Opinion Summary: A group of landowners filed suit against Dakota Access, alleging that they were induced to sign easement contracts allowing construction of the Dakota Access Pipeline across their properties based on various…
Date: December 12, 2018
Docket Number: 17-2435
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to reduce his sentence under Amendment 782. In this case, the district court determined that defendant was eligible for a reduced sentence…
Date: December 12, 2018
Docket Number: 17-2925
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to distribution of methamphetamine, possession of an unregistered destructive device, and being a felon in possession of a firearm. The court held…
Date: December 12, 2018
Docket Number: 17-3119
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence for being a felon in possession of a firearm. The court held that the district court did not err in treating defendant's prior Missouri conviction for attempted…
Date: December 12, 2018
Docket Number: 17-3688
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's order denying their claims for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court held that even if the IJ…
Date: December 12, 2018
Docket Number: 18-1628
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of Irmat's complaint against Express Scripts, alleging various contract claims, a promissory estoppel claim, and violations of federal antitrust laws and state…
Date: December 11, 2018
Docket Number: 18-1345
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for receipt of visual depictions of minors engaging in sexually explicit conduct and possession of child pornography. The court held that the evidence was…
Date: December 11, 2018
Docket Number: 18-1652
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Medalist in an action seeking damages for breach of contract and promissory estoppel. Plaintiff operates Cane Creek, which supplies, grows,…
Date: December 10, 2018
Docket Number: 18-1264
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he pleaded guilty to being a felon in possession of a firearm. The court held that the officer had reasonable…
Date: December 7, 2018
Docket Number: 17-2963
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to Allina in an action brought by a former employer under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA),…
Date: December 6, 2018
Docket Number: 16-3784
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order certifying a class of Arkansas homeowners who alleged that State Farm improperly withheld amounts for labor depreciation when making payments under their insurance…
Date: December 6, 2018
Docket Number: 17-3029
Justia Opinion Summary: Plaintiffs sought class certification for their claims alleging that the MDOC and other related defendants violated the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA) by providing inadequate…
Date: December 6, 2018
Docket Number: 17-3392
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of Twin City's cross-motion for summary judgment, finding that Twin City did not owe Robert Mau or EWS a duty to defend under a Twin City insurance policy. Applying…
Date: December 6, 2018
Docket Number: 17-3426
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Proctor and Gamble in an action brought by an employee under the Employee Retirement Income Security Act (ERISA) after his disability…
Date: December 6, 2018
Docket Number: 17-3713
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's motion to reconsider the BIA's previous order denying him a discretionary adjustment of status. The court noted that it had…
Date: December 6, 2018
Docket Number: 18-1752
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he conditionally pleaded guilty to being an unlawful user of a controlled substance in possession of a firearm. The…
Date: December 6, 2018
Docket Number: 18-6020
Justia Opinion Summary: The Bankruptcy Appellate Panel dismissed appellants' appeal of the bankruptcy court's denial of their "Amended Motion for Determination that Confirmation Order Does Not Bar a State Court Action Relating to the…
Date: December 3, 2018
Docket Number: 17-3683
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for seven counts of aggravated identity theft stemming from his involvement in preparing personal income tax returns for his clients that obtained inflated refunds by…
Date: December 3, 2018
Docket Number: 18-1039
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order granting Steak 'n Shake's motion for summary judgment on plaintiff's Americans with Disabilities (ADA) discrimination claim and his Missouri Workers' Compensation…
Date: November 30, 2018
Docket Number: 17-2741
Justia Opinion Summary: Blytheville police responded to a call. The suspect fled his vehicle on foot. A crowd gathered. While Officer Dannar was securing the scene, a man (Reddick) approached. Dannar told him to stop, stating, “the car, you’re…
Date: November 30, 2018
Docket Number: 17-3346
Justia Opinion Summary: In 2016, Michael, age 35, pled guilty to possession of child pornography. The court determined that his sentencing guideline range was 97-120 months’ imprisonment. The prosecutor recommended a term of 40 months. A…
Date: November 29, 2018
Docket Number: 17-2568
Justia Opinion Summary: Murray left a store and joined Robinson, who was arguing with the occupants of a van. The driver opened fire. Murray pulled out a handgun and returned fire. Murray was hit fell to the ground. Robinson picked up Murray’s…
Date: November 28, 2018
Docket Number: 15-3160
Justia Opinion Summary: In 2001, Nelson pled guilty to the kidnapping and unlawful interstate transportation of Pamela for the purpose of sexual abuse which resulted in her death. The government dropped a charge traveling across state lines…
Date: November 28, 2018
Docket Number: 17-1385
Justia Opinion Summary: Henderson, a 19-year-old black man, was attending a party at a Woodbury, Minnesota Red Roof Inn. Without warning, another young black male, Ballinger, pulled a gun, robbed the other guests, including Mark, and held them…
Date: November 28, 2018
Docket Number: 17-2654
Justia Opinion Summary: An unpaid lobbyist unsuccessfully sued to enjoin enforcement of Mo. Rev. Stat. Sections 105.470 and 105.473 which require lobbyists to register and report certain activities. The Eighth Circuit affirmed. The district…
Date: November 28, 2018
Docket Number: 17-3211
Justia Opinion Summary: A Nebraska jury convicted Mayfield, a California resident, of conspiracy to distribute and possess with intent to distribute methamphetamine (21 U.S.C. 841(a)(1), 841(b)(1)(A), and 846). The district court imposed the…
Date: November 28, 2018
Docket Number: 18-1045
Justia Opinion Summary: Moore-Jones passed Arkansas State Trooper Quick’s marked police car. Quick checked and found her registration was expired and began a traffic stop, which was recorded on his dash-cam. Quick pulled behind Moore-Jones,…
Date: November 27, 2018
Docket Number: 17-2133
Justia Opinion Summary: Reggs and two others robbed a Minneapolis store, Reggs pleaded guilty to aiding and abetting a robbery that interfered with commerce and aiding and abetting the discharge of a firearm during that robbery. In calculating…
Date: November 27, 2018
Docket Number: 17-2258
Justia Opinion Summary: Wilkins committed multiple violations of his supervised release, including an assault on his wife. The district court revoked Wilkins’s supervised release and sentenced him to 12 months’ imprisonment with three years’…
Date: November 27, 2018
Docket Number: 17-2598
Justia Opinion Summary: Jackson pled guilty to conspiracy to possess with intent to distribute 100 grams or more of heroin, 21 U.S.C. 841(a)(1), (b)(1)(B), and 846 and two counts of felon in possession of a firearm, 18 U.S.C. 922(g)(1). The…
Date: November 27, 2018
Docket Number: 17-2644
Justia Opinion Summary: Phillips, who resided with Coleman, called 911, stating that Coleman had punched her and had a gun. North Little Rock Officer Crowder responded, finding Phillips outside the residence with facial injuries. Phillips…
Date: November 27, 2018
Docket Number: 17-3786
Justia Opinion Summary: Missouri inmate Barr filed suit under 42 U.S.C. 1983 alleging that state-contracted health care providers violated the Eighth Amendment when they stopped administering his multiple sclerosis medication. Barr’s medical…
Date: November 26, 2018
Docket Numbers: 17-1014, 17-1170, 17-1172, 17-1018, 17-1059
Justia Opinion Summary: Escobar, Jackson, and Cruz were convicted of federal crimes related to a methamphetamine distribution operation; Rojas-Andrade and Garcia pleaded guilty. The Eighth Circuit affirmed the convictions and their sentences of…
Date: November 26, 2018
Docket Number: 17-3261
Justia Opinion Summary: The Minnesota Bureau of Criminal Apprehension obtained a state court warrant to place a GPS tracker on Lopez-Zuniga's car for 60 days. The officer provided an affidavit detailing a drug investigation into Garcia-Jimenez,…
Date: November 20, 2018
Docket Number: 17-1097
Justia Opinion Summary: The bankruptcy trustee filed suit against Opportunity Finance and DZ Bank, seeking to avoid as fraudulent transfers under the Minnesota Uniform Fraudulent Transfer Act (MUFTA) over $250 million in loan payments made to…
Date: November 20, 2018
Docket Number: 17-2688
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence on remand for convictions related to his involvement in a fraudulent real estate investment scheme. The court held that the district court's determination that M.U. was a…
Date: November 20, 2018
Docket Number: 18-6011
Justia Opinion Summary: The Bankruptcy Appellate Panel reversed the district court's denial of debtor's motion for summary judgment seeking a discharge of her NCSLT debt under 11 U.S.C. 523(a)(8). The panel held that the district court made…
Date: November 19, 2018
Docket Number: 17-3341
Justia Opinion Summary: The Eighth Circuit vacated defendant's 175 month sentence for conspiracy to distribute heroin. The court held that the district court clearly erred in including 17.5 grams of cocaine base in determining his base offense…
Date: November 16, 2018
Docket Number: 17-3098
Justia Opinion Summary: The Eighth Circuit affirmed defendant's resentence on both an Armed Career Criminal Act (ACCA) conviction and his drug trafficking conviction. The court held that, although the district court committed procedural err by…
Date: November 16, 2018
Docket Number: 17-3690
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for second degree murder and related charges. The court held that the evidence was sufficient to support the second degree murder count; the district court…
Date: November 15, 2018
Docket Number: 17-3236
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for possessing a gun and ammunition as a felon. The court held that the district court did not clearly err in denying defendant's motion to suppress bullets…
Date: November 14, 2018
Docket Number: 17-1661
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of a class action brought by over 52,000 experienced and student over-the-road truck drivers, alleging claims under federal and state wage and hour laws. The…
Date: November 14, 2018
Docket Number: 17-2835
Justia Opinion Summary: Plaintiff filed suit alleging that a county deputy was deliberately indifferent to Jeffry Alan Barton's serious medical needs and that the county jail administrator failed to adequately train or supervise the deputy.…
Date: November 13, 2018
Docket Number: 17-2926
Justia Opinion Summary: The EEOC filed suit alleging that North Memorial violated 42 U.S.C. 2000e-3(a), by unlawfully retaliating against an employee. The district court granted summary judgment for North Memorial and dismissed the claim,…
Date: November 9, 2018
Docket Numbers: 17-3005, 17-3064
Justia Opinion Summary: The Eighth Circuit affirmed the district court's entry of judgment for the insured in a dispute over property coverage of a building that was destroyed by fire. The court held that the district court correctly entered…
Date: November 9, 2018
Docket Number: 17-3561
Justia Opinion Summary: Plaintiff, by his parent and legal guardian, filed suit against the United States for negligence and negligent supervision, alleging that the Government knew or should have known of the sexual abuse history of a priest…
Date: November 9, 2018
Docket Number: 18-6004
Justia Opinion Summary: The Bankruptcy Appellate Panel vacated the bankruptcy court's order allowing Lariat's claim against debtor in the reduced amount of $308,805.00. The panel held that Lariat's predicate claim had been satisfied and Lariat…
Date: November 8, 2018
Docket Number: 17-2856
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Saint Luke's in an employment discrimination action. The court held that the district court did not abuse its discretion in denying…
Date: November 7, 2018
Docket Number: 16-3050
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's motion under 28 U.S.C. 2255 to vacate his sentence for bank fraud and aggravated identity theft. The court held that, even assuming petitioner's…
Date: November 6, 2018
Docket Number: 17-2216
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for four offenses arising out of a bank robbery. The court held that the affidavit in support of search warrant was sufficient to establish probable cause…
Date: November 6, 2018
Docket Number: 17-2382
Justia Opinion Summary: The Eighth Circuit enforced an appeal waiver as to a criminal history challenge and vacated a restitution award. In this case, defendant stole a car at gunpoint, killed the dog that was inside the vehicle, and caused a…
Date: November 6, 2018
Docket Number: 17-3057
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to commit, and use of a facility of interstate commerce in the commission of, murder for hire. The court held that the district court did not err by…
Date: November 6, 2018
Docket Number: 17-3411
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after she pleaded guilty to conspiracy to distribute methamphetamine. The court held that the district court did not clearly err by imposing a two-level enhancement under…
Date: November 5, 2018
Docket Number: 17-2868
Justia Opinion Summary: The Eighth Circuit reversed defendant's sentence after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that defendant's prior second-degree domestic assault conviction in…
Date: November 2, 2018
Docket Number: 17-1726
Justia Opinion Summary: The Eighth Circuit affirmed the denial of plaintiff's application for disability insurance benefits and supplemental security income. The court held that good reasons and substantial evidence supported the ALJ's…
Date: November 2, 2018
Docket Numbers: 17-1762, 17-1869, 17-2712, 17-2731
Justia Opinion Summary: SMRI filed suit alleging that defendants, through their participation in the selling of Rushmore's unlicensed motorcycle rally-related products, had violated several provisions of the Lanham Act and related South Dakota…
Date: November 2, 2018
Docket Number: 17-1869
Date: November 2, 2018
Docket Number: 17-2712
Date: November 2, 2018
Docket Number: 17-2731
Date: November 2, 2018
Docket Number: 17-3059
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction after he pleaded guilty to unlawful use of identification documents and was sentenced to time served in prison. Defendant alleged that defense counsel provided…
Date: October 30, 2018
Docket Number: 17-1341
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in favor of defendant in an action brought by Lincoln Life for damages it incurred in a lawsuit brought by a policyholder who purchased a Lincoln policy through…
Date: October 30, 2018
Docket Number: 17-1524
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of a petition for habeas corpus under 28 U.S.C. 2254 where petitioner was convicted of two counts of first-degree rape and two counts of sexual contact with a…
Date: October 29, 2018
Docket Number: 18-6006
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's judgment denying debtors' discharge under Bankruptcy Code 727(a). The panel held that debtors failed to maintain and preserve adequate records, and such…
Date: October 22, 2018
Docket Numbers: 17-1202, 17-1324
Justia Opinion Summary: Plaintiffs filed suit against defendants after plaintiff's son, Michael, was killed by cardiac arrhythmia after an altercation with officers in the setting of acute methamphetamine intoxication. When officers responded…
Date: October 22, 2018
Docket Number: 17-1335
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for drug-related crimes. The court held that the district court did not err by denying defendant's motion to suppress evidence because the facts set forth…
Date: October 22, 2018
Docket Number: 17-2285
Justia Opinion Summary: The Eighth Circuit affirmed defendant's revocation sentence of 60 months in prison after defendant pleaded guilty in state court to first degree computer child pornography and computer exploitation of a child. The court…
Date: October 18, 2018
Docket Number: 18-6001
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order dismissing plaintiffs' adversary complaint and an order denying their motion to reconsider the dismissal order. The panel held that plaintiffs failed…
Date: October 16, 2018
Docket Number: 18-6018
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order disallowing debtor's claimed exemptions in his ex-wife's Wells Fargo 401K and an IRA account. The panel held that any interest debtor held in the…
Date: October 15, 2018
Docket Number: 17-2527
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of qualified immunity to a police officer in an action brought by plaintiff under 42 U.S.C. 1983, alleging that the officer used excessive force in violation of her…
Date: October 12, 2018
Docket Number: 17-1387
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for DCDC in an action alleging claims of gender, age, and disability discrimination under state and federal civil rights laws. Plaintiff, a 56…
Date: October 12, 2018
Docket Number: 17-3055
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for defendant in an action alleging that plaintiff's injuries were caused by defendant's negligence in driving a tractor trailer truck. The court…
Date: October 11, 2018
Docket Number: 18-1094
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after she pleaded guilty to possession of identification documents, possession of counterfeit access devices, and possession of access-device-making equipment and…
Date: October 9, 2018
Docket Number: 17-1051
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of default judgment against Pulmosan because the company was not properly served. The court held that, under basic principles of agency law, the death of an agent…
Date: October 5, 2018
Docket Number: 17-2227
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's dismissal of petitioner's appeal of the IJ's denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court applied…
Date: October 4, 2018
Docket Number: 17-2580
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment for Petco in a negligence and premises liability action filed by plaintiff against the company. The court held that the district court did not abuse its…
Date: October 3, 2018
Docket Number: 18-6017
Justia Opinion Summary: The Bankruptcy Appellate Panel vacated the bankruptcy court's decision concerning injunctive and declaratory relief, holding that the bankruptcy court lacked jurisdiction to entertain the claim at issue. In this case,…
Date: September 28, 2018
Docket Number: 17-3034
Justia Opinion Summary: The Eighth Circuit vacated defendant's sentence for possessing a firearm and ammunition as a felon. The court held that the district court erred in determining that defendant's prior North Dakota conviction for…
Date: September 28, 2018
Docket Number: 17-3185
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of defendant's motion for summary judgment for defendant in an action alleging that defendant's actions created "significant duress" that forced her to sell her…
Date: September 27, 2018
Docket Number: 17-2181
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of summary judgment for a sheriff's deputy in an action filed by plaintiff under 42 U.S.C. 1983, alleging that the deputy used excessive force while arresting her.…
Date: September 25, 2018
Docket Number: 17-2412
Justia Opinion Summary: FC appealed the district court's judgment in favor of Qwest, finding FC was liable for tortious interference with Qwest's contractual relationship with Tekstar. The Eighth Circuit held that the district court did not err…
Date: September 24, 2018
Docket Number: 17-2759
Justia Opinion Summary: Six siblings dispute over ownership and control of OKISDA, a family corporation their mother established. The district court concluded that nearly all the claims hinge on whether the transfer of Class A stock from the…
Date: September 24, 2018
Docket Number: 18-1725
Justia Opinion Summary: The North Dakota Secretary of State filed a motion to stay an order of the district court that enjoined parts of the North Dakota elections statutes. The district court enjoined the Secretary from enforcing a provision…
Date: September 21, 2018
Docket Number: 17-2326
Justia Opinion Summary: Under United States v. Boyle, 469 U.S. 241 (1985), an agent's failure to fulfill his duty to his principal to file tax returns and make payments on behalf of the principal does not constitute reasonable cause for the…
Date: September 20, 2018
Docket Number: 16-1467
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment granting petitioner's application for habeas corpus relief from his death sentence pursuant to 28 U.S.C. 2254. The court held that, because the district court's…
Date: September 14, 2018
Docket Numbers: 17-1135, 17-1136, 17-1137
Justia Opinion Summary: Plaintiffs filed suit under 42 U.S.C. 1983, challenging procedures used in proceedings brought by the State to remove Native American children temporarily from their homes in exigent circumstances. The district court…
Date: September 14, 2018
Docket Number: 17-1677
Justia Opinion Summary: The Eighth Circuit reversed the district court's order finding that the trustee's claim under the Carmack Amendment against Canadian Pacific was untimely. This appeal stemmed from a train accident killing 47 people and…
Date: September 14, 2018
Docket Number: 17-2231
Justia Opinion Summary: At issue in this case was whether the Labor Management Relations Act completely preempts a Minnesota Human Rights Act claim for disability discrimination brought by a former employee of a nuclear power plant. The Eighth…
Date: September 14, 2018
Docket Number: 17-2232
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to vacate his sentence. Defendant argued that he did not have the requisite three prior violent felony convictions under the Armed Career…
Date: September 14, 2018
Docket Number: 17-2399
Justia Opinion Summary: This appeal stemmed from a dispute over who was the rightful owner of a Martin D-35 guitar that Elvis Presley played during his final tour in 1977. The Eighth Circuit affirmed the district court's judgment in favor of…
Date: September 12, 2018
Docket Number: 16-4551
Justia Opinion Summary: After plaintiff was appointed as a presidential elector during the 2016 presidential election, he was deemed to have vacated his position under Minnesota's Uniform Faithful Presidential Electors Act, Minn. Stat.…
Date: September 12, 2018
Docket Number: 17-1325
Justia Opinion Summary: Defendant was convicted and sentenced for attempted exploitation of a child, attempted receipt of images depicting sexual exploitation of a child, possession of counterfeit obligations, two counts of attempted witness…
Date: September 11, 2018
Docket Numbers: 17-1104, 17-1106, 17-1114, 17-1117
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment to plaintiffs, holding that St. Paul Insurance's policy expressly precluded indemnification of intentional criminal acts and that David Kofoed's…
Date: September 11, 2018
Docket Number: 17-1192
Justia Opinion Summary: After debtor filed for bankruptcy, she sought to exempt a property tax refund of $1,500, asserting that she could exempt the refund as government assistance based on need under Minnesota law. The Eighth Circuit affirmed…
Date: September 11, 2018
Docket Number: 17-1560
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to Trimark in an action filed by plaintiff, alleging that she was terminated from her job as an executive housekeeper because of her age, in…
Date: September 10, 2018
Docket Number: 16-4077
Justia Opinion Summary: In 2011, plaintiff filed suit against the city and others, in a 42 U.S.C. 1983 action alleging violations of the First and Fourth Amendments, as well as violations of state law. Plaintiff's claims stemmed from a no-knock…
Date: September 10, 2018
Docket Numbers: 17-1730, 17-2593
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order limiting the scope of plaintiff's general causation phase discovery in this products liability suit alleging that plaintiff's husband's use of Enbrel caused his…
Date: September 10, 2018
Docket Number: 17-1996
Justia Opinion Summary: The Eighth Circuit vacated a preliminary injunction enjoining provisions of Missouri Revised Statute section 197.200 (2007), which required a doctor who performs abortions at an ambulatory surgery center (ASC) to have…
Date: September 10, 2018
Docket Number: 17-2239
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order permanently enjoining enforcement of a recently enacted provision of the Missouri Constitution, Missouri Constitution Article VIII, Section 23.3(12), which prohibits…
Date: September 10, 2018
Docket Number: 17-2434
Justia Opinion Summary: Plaintiff and his wife filed suit under 42 U.S.C. 1983 against the City and members of the police department who investigated a student's allegation that plaintiff sexually assaulted her. The Eighth Circuit affirmed the…
Date: September 10, 2018
Docket Number: 17-2978
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for three counts of abusive sexual contact with A.W., a minor and enrolled member of the Ponca Tribe of Nebraska. The court held that the district court did not abuse…
Date: September 10, 2018
Docket Numbers: 17-3151, 17-3186
Justia Opinion Summary: Plaintiff filed suit against Holiday Stationstores, alleging claims for discrimination under the Americans with Disabilities Act and the Minnesota Human Rights Act (MHRA) based on the company's failure to provide a…
Date: September 7, 2018
Docket Number: 17-2290
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Charter, holding that Charter Spectrum Voice VoIP service was an "information service" under the Telecommunications Act and Minnesota state…
Date: September 7, 2018
Docket Number: 17-2410
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in an action filed by plaintiff, seeking additional insurance benefits for smoke and fire damage at his home. The court held that plaintiff's policy was an…
Date: September 6, 2018
Docket Number: 16-4532
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Northern in an action alleging that the company failed to accommodate plaintiff's disability in violation of the Americans with Disabilities…
Date: September 6, 2018
Docket Number: 17-2401
Justia Opinion Summary: Plaintiff filed suit against defendants after the Redevelopment Authority condemned his property under its power of eminent domain, seeking to enjoin the condemnation proceedings and to obtain relocation benefits under…
Date: September 6, 2018
Docket Number: 17-2413
Justia Opinion Summary: Plaintiff filed suit against her former employer (the City), a law firm, and CBC, alleging that defendants violated their obligations under the Fair Credit Reporting Act (FCRA), in handling a consumer report that she…
Date: September 6, 2018
Docket Number: 17-2424
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of petitioner's claim seeking post-conviction relief as untimely. Petitioner asserted that, in light of Johnson v. United States, the district court violated his…
Date: September 6, 2018
Docket Number: 17-2995
Justia Opinion Summary: The Eighth Circuit affirmed the bankruptcy appellate panel's (BAP) decision affirming the bankruptcy court's dismissal of Korley Sears and Robert Sears' claims in a protracted family dispute. The court held that this…
Date: September 6, 2018
Docket Number: 17-3202
Justia Opinion Summary: Defendant appealed his conviction of attempted aggravated sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual abuse of a child by force, and incest in Indian Country. The court held that Count…
Date: September 6, 2018
Docket Number: 18-6007
Justia Opinion Summary: A bankruptcy court has no authority under federal law to deny an exemption on a ground not specified in the bankruptcy code. Therefore, the Bankruptcy Appellate Panel affirmed the bankruptcy court's decision overruling…
Date: September 5, 2018
Docket Number: 16-3891
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of plaintiff's motion for appointed counsel and adverse grant of summary judgment on plaintiff's failure to protect claims against various corrections officials…
Date: September 5, 2018
Docket Number: 17-2012
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to defendants in a 42 U.S.C. 1983 action filed by plaintiffs and a nonprofit alleging that their arrests were without probable cause and violated…
Date: September 5, 2018
Docket Number: 17-3242
Justia Opinion Summary: The Eighth Circuit held that the procedural element of the new substantive rule of constitutional law made retroactive in Montgomery v. Louisiana did not apply in this case and the district court did not err in denying…
Date: September 4, 2018
Docket Number: 17-1374
Justia Opinion Summary: Plaintiffs, both of whom are hearing-impaired, and their daughter filed suit against Fairview, alleging that the hospital failed to provide meaningful access to auxiliary aids and services in the form of American Sign…
Date: August 31, 2018
Docket Number: 17-1191
Justia Opinion Summary: Plaintiffs filed suit against GFA, alleging that GFA solicited charitable donations to benefit the poorest of the poor while covertly diverting the money to a multi-million dollar personal empire. The district court…
Date: August 30, 2018
Docket Numbers: 17-1382, 17-1433
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the county and to two sheriffs in an action brought by plaintiff under 42 U.S.C. 1983, alleging the use of excessive force. In this case,…
Date: August 30, 2018
Docket Number: 17-1914
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of one count of transportation of a minor to engage in prostitution; two counts of attempted transportation of a minor to engage in prostitution; and six counts of…
Date: August 30, 2018
Docket Number: 17-2724
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of an action brought by four taxicab drivers against Uber, alleging that Uber tortiously interfered with a valid business expectancy. The court held that it need…
Date: August 30, 2018
Docket Number: 17-2726
Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of defendant's supervised release. The court held that there was sufficient evidence to support the district court's judgment where defendant admitted to…
Date: August 29, 2018
Docket Number: 16-4372
Justia Opinion Summary: Federal law bars “any person who has been convicted of any criminal offense involving dishonesty or a breach of trust” from becoming or continuing as an employee of any institution insured by the Federal Deposit…
Date: August 29, 2018
Docket Numbers: 17-1347, 17-1327, 17-1496
Justia Opinion Summary: A conspiracy to defraud financial institutions in the Minneapolis-St. Paul area involved cashing counterfeit checks. Participants, including 25 co-defendants, created the counterfeit checks using check-printing software…
Date: August 29, 2018
Docket Number: 17-1414
Justia Opinion Summary: DHS detained Ramirez, a citizen of Guatemala, in 2014, after she illegally entered the U.S. Ramirez stated she feared a neighbor would kill her if she returned to Guatemala because he frequently asked her to have sex,…
Date: August 29, 2018
Docket Number: 17-2612
Justia Opinion Summary: Employees of a chicken processing plant filed a class action lawsuit, alleging their employer failed to pay certain wages in violation of Arkansas state law and the Fair Labor Standards Act (FLSA), 29 U.S.C. 201. More…
Date: August 28, 2018
Docket Numbers: 16-4275, 16-4337
Justia Opinion Summary: Plaintiff and his minor son filed a 42 U.S.C. 1983 action against two officers for unreasonable search and seizure, as well as use of excessive force. The district court denied the officers' motion for summary judgment.…
Date: August 28, 2018
Docket Number: 16-4440
Justia Opinion Summary: Plaintiffs challenged the inscription of the national motto, "In God We Trust," on United States coins and currency. The Eighth Circuit affirmed the district court's grant of the Government's motion to dismiss based on…
Date: August 28, 2018
Docket Number: 17-1300
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of five counts of aiding and abetting mail fraud, and one count of conspiracy to commit theft from a program receiving federal funds in connection with defendant's…
Date: August 28, 2018
Docket Numbers: 17-2296, 7-2342, 17-2344, 17-2685
Justia Opinion Summary: Petitioners challenged the FCC's 2017 order altering regulations for business data services (BDS). ILEC Petitioners challenged new price cap rates in the order and CLEC Petitioners challenged most of the other changes in…
Date: August 27, 2018
Docket Number: 17-1344
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the government in an action to enforce a settlement agreement. The court held that OSC's press release stating that its investigation found…
Date: August 27, 2018
Docket Number: 17-2141
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for defendant in an action alleging that the law firm violated the Fair Debt Collection Practices Act (FDCPA). Plaintiff alleged that his rights…
Date: August 27, 2018
Docket Number: 17-2222
Justia Opinion Summary: The Eighth Circuit reversed the district court's dismissal of plaintiff's second amended complaint challenging the constitutionality of Missouri's method of execution as applied to him. The court held that plaintiff's…
Date: August 24, 2018
Docket Number: 17-2074
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of summary judgment based on qualified immunity to a police officer and summary judgment based on official immunity to the City. The court held that the officer…
Date: August 24, 2018
Docket Number: 17-6032
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying debtor's request for discharge of her student loan obligations to the DOE. The panel held that the bankruptcy court applied the correct…
Date: August 23, 2018
Docket Number: 17-1727
Justia Opinion Summary: Plaintiffs, three shareholders, filed suit claiming that the federal agency Congress created to serve as conservator of Fannie Mae and Freddie Mac exceeded its powers under the Housing and Economic Recovery Act (HERA)…
Date: August 23, 2018
Docket Number: 17-1887
Justia Opinion Summary: Plaintiffs filed suit against Anderson Excavating under 29 U.S.C. 185(a), 29 U.S.C. 1132, and 29 U.S.C. 1145, requesting that the district court order Anderson Excavating to pay the contributions it allegedly owed to the…
Date: August 23, 2018
Docket Number: 17-2496
Justia Opinion Summary: The Eighth Circuit reversed the district court's judgment against Liberty Life in an action filed by plaintiff under the Employee Retirement Income Security Act (ERISA), alleging that the company's denial of long-term…
Date: August 23, 2018
Docket Number: 17-3154
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of Thompson's complaint claiming a refund of excise taxes for its diesel particulate filters under Internal Revenue Code 4051(a)(1). The court held that the…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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).…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: July 18, 2018
Docket Numbers: 17-1480, 17-1917
Justia Opinion Summary: The Eighth Circuit affirmed Defendant Sharkey and Burton's sentences after they pleaded guilty to conspiracy to distribute methamphetamine. The court held that Sharkey's 140 month sentence was substantively reasonable…
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