2018 Eighth Circuit US Court of Appeals Case Law

Opinions 1 - 500 of 976

Joel Marvin Munt v. Nanette Larson
Date: October 16, 2018
Docket Number: 17-3371
United States v. Michael Davis
Date: October 16, 2018
Docket Number: 17-3439
Kasib Bilal v. IDS Property Casualty Ins. Co.
Date: October 16, 2018
Docket Number: 17-3575
United States v. Jason Eisenach
Date: October 16, 2018
Docket Number: 17-3781
Anantkumar Patel v. Jefferson B. Sessions, III
Date: October 16, 2018
Docket Number: 18-1471
Brian Lerbakken v. Sieloff and Associates
Date: October 16, 2018
Docket Number: 18-6018
Karels v. Storz  
Date: October 15, 2018
Docket Number: 17-2527

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Justia Opinion Summary: After plaintiff was appointed as a presidential elector during the 2016 presidential election, he was deemed to have vacated his position under Minnesota's Uniform Faithful Presidential Electors Act, Minn. Stat. 208.40-2...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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