2018 Eighth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1157
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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]…
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…
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…
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…
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…
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…
Date: June 5, 2018
Docket Number: 16-4241
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of evasion of payment of taxes and corruptly endeavoring to impede enforcement of Internal Revenue laws. The court held that the district court adequately warned…
Date: June 5, 2018
Docket Number: 17-1371
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained from his vehicle after he pleaded guilty to drug trafficking charges. In this case, a police drug dog…
Date: June 5, 2018
Docket Number: 17-1421
Justia Opinion Summary: Defendant pleaded guilty to possession of a firearm as an unlawful user of a controlled substance and was sentenced to 31 months in prison and three years of supervised release. On appeal, defendant challenged the…
Date: June 4, 2018
Docket Number: 16-4499
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to making a false statement to a government agency and aggravated identity theft. The court held that the district court did not procedurally err…
Date: June 4, 2018
Docket Numbers: 17-1198, 17-1393
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment dismissing plaintiffs' Fourteenth Amendment and wrongful death claims, as well as plaintiffs' claims under the Americans with Disabilities Act…
Date: June 1, 2018
Docket Number: 17-2178
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained by a warrant using the Network Investigative Technique (NIT). The court held that defendant's challenge to the…
Date: May 31, 2018
Docket Number: 17-1019
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendants' request to reconsider its previous denial of their motion for summary judgment based on qualified immunity. In this case, an inmate at the ADC filed…
Date: May 31, 2018
Docket Number: 17-1455
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of conspiracy to distribute heroin and possession with intent to distribute heroin. The court affirmed the district court's denial of defendant's pre-trial motion to…
Date: May 30, 2018
Docket Number: 17-1370
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence for receipt of child pornography after the district court vacated his conviction for the lesser-included possession of child pornography count. The court held that the…
Date: May 29, 2018
Docket Numbers: 17-1289, 17-1352, 17-1718
Justia Opinion Summary: The Eighth Circuit affirmed Defendants Perez-Trevino, Flores, and Castellanos' convictions for crimes related to their involvement in a conspiracy to distribute methamphetamine. The court held that the police…
Date: May 29, 2018
Docket Number: 17-1517
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of habeas relief to petitioner after he was convicted of raping an adult woman with the mental capacity of a young child and sentenced to seventy years in prison as…
Date: May 25, 2018
Docket Number: 17-1402
Justia Opinion Summary: The Eighth Circuit affirmed defendant's reduced 262 month sentence on remand after he was convicted of two counts of being a felon in possession of a firearm and ammunition. The court held that the district court did not…
Date: May 25, 2018
Docket Number: 17-1470
Justia Opinion Summary: Welspun filed suit against its insurer, Liberty Mutual, arguing that its unpaid mitigation costs were "necessary expenses" included in the policy's loss of business income coverage. The Eighth Circuit affirmed the…
Date: May 25, 2018
Docket Number: 17-1902
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's application for Temporary Protected Status (TPS) and order of removal. The court held that petitioner's prior violations of two…
Date: May 24, 2018
Docket Number: 17-1754
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of conspiracy to possess with intent to distribute and to distribute a controlled substance. The court held that the district court did not abuse its discretion in…
Date: May 24, 2018
Docket Number: 17-3105
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's 18 U.S.C. 3582(c)(2) motion to reduce his sentence under Guidelines Amendment 782. The court held that the district court did not err in denying…
Date: May 21, 2018
Docket Number: 16-3454
Justia Opinion Summary: The Eighth Circuit affirmed petitioner's new sentence after the district court vacated his original sentence under 28 U.S.C. 2255 and again applied an enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C.…
Date: May 21, 2018
Docket Number: 17-2065
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for misusing a social security number and for the statutorily mandated two additional years in prison for aggravated identity theft. The court held that the district…
Date: May 18, 2018
Docket Number: 17-2080
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to two counts of being a felon in possession of a firearm and ammunition. The court held that the district court did not err by imposing sentencing…
Date: May 17, 2018
Docket Number: 16-1571
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).…
Date: May 16, 2018
Docket Number: 17-2576
Justia Opinion Summary: The Eighth Circuit affirmed the tax court's order finding that taxpayer owed additional income taxes and penalties. The court held that the person that issued the notice of deficiency was in a supervisory position and…
Date: May 15, 2018
Docket Number: 17-2035
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of asylum, withholding of removal, and voluntary departure. The court held that the record contained sufficient facts to…
Date: May 15, 2018
Docket Number: 17-2170
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he violated his terms of supervision. The court held that the district court properly considered the relevant factors and did not procedurally err in failing to…
Date: May 14, 2018
Docket Number: 17-1582
Justia Opinion Summary: The Eighth Circuit held that defendant's challenge to his revocation sentence was moot because he had served the sentence and been release from custody. The court vacated the mandatory condition of supervised release…
Date: May 11, 2018
Docket Number: 16-1073
Justia Opinion Summary: The Eighth Circuit granted rehearing en banc and vacated the panel opinion in Faidley v. United Parcel Serv. of Am., Inc., 853 F.3d 447 (8th Cir. 2017). The court affirmed the district court's grant of summary judgment…
Date: May 11, 2018
Docket Number: 16-3734
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to unlawful reentry as a removed alien after an aggravated felony conviction. The court held that the district court did not plainly err by…
Date: May 11, 2018
Docket Numbers: 16-3861, 16-3862, 16-3864
Justia Opinion Summary: The Eighth Circuit affirmed Defendants Benton, Tate, and Kesari's conviction of causing false records, causing false campaign expenditure reports, engaging in a false statements scheme; and conspiring to commit these…
Date: May 11, 2018
Docket Number: 17-1616
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of being a felon in possession of a firearm. The court held that evidence regarding the firearm's operability was properly excluded because it would have yielded…
Date: May 10, 2018
Docket Numbers: 16-3013, 16-3016, 16-3019
Justia Opinion Summary: Plaintiffs filed separate class action complaints against TD Ameritrade, alleging that the company breached its duty of best execution when it routed client orders to buy and sell securities to trading venues that paid…
Date: May 10, 2018
Docket Number: 17-2017
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of defendant's motion for summary judgment based on qualified immunity and state statutory immunity. Plaintiff had filed suit against defendant and others, alleging…
Date: May 8, 2018
Docket Number: 17-1346
Justia Opinion Summary: The Eighth Circuit affirmed on remand the district court's conclusion that Exemption 4 of the Freedom of Information Act (FOIA) did not apply to SNAP redemption information. The court rejected the USDA's claim that…
Date: May 8, 2018
Docket Number: 17-2025
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to drug and firearms charges. The court held that no plain procedural error occurred, and any such error would have been harmless because the…
Date: May 7, 2018
Docket Number: 16-3149
Justia Opinion Summary: Stacy Ryan filed suit against Streck, Inc. and Connie Ryan, alleging violations of section 10(b) of the Securities Exchange Act of 1934, Securities and Exchange Commission Rule 10b-5, and multiple violations of Nebraska…
Date: May 7, 2018
Docket Numbers: 16-3467, 16-3611
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to defendant in an action alleging claims of negligent misrepresentation, unjust enrichment, and denial of equitable relief. The court held that…
Date: May 4, 2018
Docket Number: 16-4123
Justia Opinion Summary: Plaintiff, a former MLB player, filed suit alleging violations of the Driver's Privacy Protection Act (DPPA), 18 U.S.C. 2721-25, after an audit revealed that officers from over thirty departments had accessed his…
Date: May 4, 2018
Docket Number: 17-1168
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of bank robbery, holding that the district court did not err by failing to suppress an in-court identification. The court explained that, even if the district court…
Date: May 4, 2018
Docket Number: 17-1465
Justia Opinion Summary: The Eighth Circuit affirmed the district court's summary judgment orders in an action where creditors were attempting to collect on judgments against Vertical and Defendant Reuter by levying assets now belonging to…
Date: May 4, 2018
Docket Number: 17-2381
Justia Opinion Summary: The Eighth Circuit affirmed the district court's ruling that the City was not immune from a 42 U.S.C. 1983 suit in a putative class action alleging that the City's policy or custom of automatically issuing arrest…
Date: May 3, 2018
Docket Number: 17-2116
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 180 month sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not err in concluding that defendant's prior…
Date: May 2, 2018
Docket Number: 16-4505
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial in part of the University's motion to dismiss an action alleging violations of Title IX of the Education Amendments of 1972. The district court refused to dismiss…
Date: May 2, 2018
Docket Numbers: 17-1091, 17-1171
Justia Opinion Summary: Smoky II filed a breach of contract suit against the city when it did not receive payment from the city on invoices related to curtailed energy (wind energy that was not actually produced because the producer was…
Date: May 2, 2018
Docket Number: 17-1171
Date: May 2, 2018
Docket Number: 17-2255
Date: May 1, 2018
Docket Number: 16-4523
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of the methamphetamine that an investigator found in defendant's luggage on an Amtrak train. The court held that the…
Date: May 1, 2018
Docket Number: 16-4529
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 228 month sentence after he pleaded guilty to attempted distribution of child pornography, attempted receipt of child pornography, and possession of child pornography. The court…
Date: May 1, 2018
Docket Number: 17-2094
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to conspiracy to violate 18 U.S.C. 922(g)(1) (felon in possession of a firearm), in violation of 18 U.S.C. 371. The court held that the district…
Date: April 30, 2018
Docket Number: 16-3899
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for NPS, in an action alleging violation of the Administrative Procedure Act (APA), 5 U.S.C. 706, in establishing the boundaries of the Niobrara…
Date: April 30, 2018
Docket Number: 16-4351
Justia Opinion Summary: Defendant was committed to the custody of the Missouri Department of Mental Health for treatment after he was found not guilty by reason of insanity under Missouri state law when he fired shots in the direction of two…
Date: April 30, 2018
Docket Number: 16-4574
Justia Opinion Summary: The Eighth Circuit considered this trademark dispute on remand. In the previous appeal, the court asked the district court to address state-law questions pertaining to the availability of attorney's fees and the…
Date: April 30, 2018
Docket Number: 17-1982
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and 120 month sentence of being a prohibited person in possession of a firearm and ammunition. The court affirmed the denial of defendant's motion to suppress evidence…
Date: April 30, 2018
Docket Number: 17-2098
Justia Opinion Summary: Plaintiff filed suit alleging that he was improperly rejected for the position of Criminal Investigator with the USPS in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq., and that he…
Date: April 27, 2018
Docket Number: 16-3988
Justia Opinion Summary: The Eighth Circuit vacated defendant's sentence and remanded for resentencing under the Armed Career Criminal Act (ACCA) after he pleaded guilty to being a felon in possession of a firearm. The court held that…
Date: April 27, 2018
Docket Number: 16-4295
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for one count of receiving child pornography and one count of possessing child pornography. The court held that the district court properly admitted defendant's…
Date: April 27, 2018
Docket Numbers: 17-1452, 17-2215
Justia Opinion Summary: Plaintiff filed suit against defendants, asserting wrongful death claims under the public liability provision of the Price-Anderson Nuclear Industries Indemnity Act, alleging exposure to nuclear radiation during World…
Date: April 27, 2018
Docket Number: 17-1453
Justia Opinion Summary: The Eighth Circuit affirmed the Commissioner's denial of disability benefits and dismissal of plaintiff's complaint under 42 U.S.C. 405(g). The court held that the record overwhelmingly supported the determination that…
Date: April 27, 2018
Docket Number: 17-2605
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order transferring defendant for criminal prosecution as an adult under 18 U.S.C. 5032. The court held that the district court did not abuse its discretion by deciding to…
Date: April 26, 2018
Docket Numbers: 16-3999, 16-4035
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to PWD on a trademark infringement claim filed by ZW, another company that sells plastic bags for picking up and disposing of dog waste. The…
Date: April 26, 2018
Docket Numbers: 16-4315, 16-4327
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not abuse its discretion in applying an enhancement under…
Date: April 26, 2018
Docket Number: 17-1079
Justia Opinion Summary: The Committee, which represented more that 400 clergy sexual abuse claimants, appealed the district court's decision affirming the bankruptcy court's denial of the Committee's motion for substantive consolidation of…
Date: April 26, 2018
Docket Number: 17-1545
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of an 18 U.S.C. 3582(c)(2) sentence reduction based upon Sentencing Guidelines Amendment 782. Amendment 782, in most cases, retroactively reduced the drug quantity…
Date: April 26, 2018
Docket Number: 17-2039
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment against plaintiff in an action alleging that Southern negligently maintained the roadway at a crossing where its three tracks intersected a state…
Date: April 26, 2018
Docket Number: 17-3045
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of defendant's motion to suppress evidence found in his recreational vehicle (RV). The court held that the district court erred by finding that the search of the RV…
Date: April 25, 2018
Docket Number: 16-4283
Justia Opinion Summary: The Tribe filed suit alleging that the Corps violated the Administrative Procedure Act (APA), the Clean Water Act (CWA), and the National Historic Preservation Act (NHPA) in issuing permit and exemption determinations to…
Date: April 25, 2018
Docket Numbers: 17-1143, 18-1169
Justia Opinion Summary: The Eighth Circuit affirmed the imposition of sanctions on Ross. H. Briggs for contempt of an order and for misleading the bankruptcy court. The court held that the bankruptcy court had authority to enter sanctions for…
Date: April 25, 2018
Docket Number: 17-1225
Justia Opinion Summary: The Eighth Circuit affirmed the trial court's denial of defendant's motion to suppress evidence. The court held that the it was reasonable for officers to believe that defendant was a resident of the home; a protective…
Date: April 25, 2018
Docket Number: 17-1380
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of an age discrimination claim. The court held that the district court did not abuse its discretion in deciding not to admit a Department of Corrections internal…
Date: April 24, 2018
Docket Number: 16-4019
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of defendants' motion to dismiss an action filed by plaintiff, challenging the termination of his employment from the University. The court held that plaintiff's…
Date: April 24, 2018
Docket Number: 17-1236
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to commit visa fraud, conspiracy to commit fraud in foreign labor contracting, and conspiracy to commit mail and wire fraud. The court held that the…
Date: April 24, 2018
Docket Number: 17-1643
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's dismissal of petitioner's appeal of his denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held…
Date: April 24, 2018
Docket Number: 17-2308
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for obstruction of justice for threatening to retaliate. The court held that the difference between the verdict director and the indictment was so immaterial as to be de…
Date: April 24, 2018
Docket Number: 17-2332
Justia Opinion Summary: Petitioner challenged the district court's denial of his petition for habeas relief after he pleaded guilty to an accomplice to murder charge and was sentenced to life without the possibility of parole. The Eighth…
Date: April 23, 2018
Docket Number: 16-3764
Justia Opinion Summary: The Eighth Circuit reversed defendant's sentence for possession of a firearm by a convicted felon and possession of ammunition by a convicted felon. The court held that the North Dakota law for accomplice to burglary,…
Date: April 20, 2018
Docket Number: 16-4436
Justia Opinion Summary: The Eighth Circuit affirmed the district court's imposition of seven special conditions of supervised release. The special conditions were imposed after revocation of defendant's supervised release and new sentence after…
Date: April 20, 2018
Docket Number: 17-1177
Justia Opinion Summary: Plaintiff filed a class action against Harne defendants under 42 U.S.C. 1983, alleging that the State's failure to share annual payments under a Settlement Agreement, where Minnesota released and forever discharged…
Date: April 19, 2018
Docket Number: 16-4356
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Accounts Receivable in an action under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. The court held that the district court…
Date: April 19, 2018
Docket Number: 17-6025
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's orders confirming debtors' chapter 13 plan. In order for the anti-modification provisions of 8 U.S.C. 1322(b)(2) to apply, creditors' claim must both be…
Date: April 18, 2018
Docket Numbers: 16-3679, 16-3872
Justia Opinion Summary: Unitherm filed suit against Hormel, alleging that Hormel wrongfully terminated a Joint Development Agreement (JDA) and breached a Mutual Confidential Disclosure Agreement (MCDA). Hormel counterclaimed and alleged that…
Date: April 18, 2018
Docket Number: 16-3872
Date: April 13, 2018
Docket Numbers: 17-1684, 17-1683
Justia Opinion Summary: Officers Richter and Sullivan, patrolling a high crime neighborhood, observed McLemore standing by a BMW parked at a residence frequented by gang members. Days earlier, investigating reports of a nearby shooting, Richter…
Date: April 12, 2018
Docket Number: 17-2019
Justia Opinion Summary: After being arrested, Whitney was taken to the St. Louis University Hospital for treatment of an irregular heartbeat. He attempted to escape and said that he wanted the police to take his life so that he would not be…
Date: April 11, 2018
Docket Numbers: 16-1624, 16-3147
Justia Opinion Summary: Plaintiffs filed suit against defendants under the Endangered Species Act, 16 U.S.C. 1531 et seq., seeking to enjoin defendants' mistreatment of endangered species. The Eighth Circuit affirmed the district court's order…
Date: April 11, 2018
Docket Number: 17-1445
Justia Opinion Summary: Leonetti's filed suit against Crew for negligence, breach of contract, breach of fiduciary duty, and trade libel. Leonetti's alleged that an email sent by the president of Crew caused Sam's Club to decline to purchase…
Date: April 11, 2018
Docket Number: 17-1458
Justia Opinion Summary: Defendant pleaded guilty to one count of failure to register as a sex offender after traveling in interstate commerce in violation of the Sex Offender Registration and Notification Act, 18 U.S.C. 2250(a). On appeal,…
Date: April 10, 2018
Docket Number: 17-1864
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to possessing heroin with intent to distribute. The court held that defendant's prior Missouri convictions under section 195.211, RSMo 2002…
Date: April 10, 2018
Docket Number: 17-2213
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to two counts of being a felon in possession of a firearm. The court held that defendant's prior Missouri convictions under section 195.211, RSMo…
Date: April 9, 2018
Docket Number: 17-1713
Justia Opinion Summary: The City of Kennett, Missouri, sued the Environmental Protection Agency, challenging the EPA’s approval of a total maximum daily load for Buffalo Ditch. Buffalo Ditch was a stream that ran southwest into Arkansas from…
Date: April 9, 2018
Docket Number: 17-6024
Justia Opinion Summary: At issue in this case was whether substantial evidence was presented in support of the objection as a matter of law sufficient to rebut the Internal Revenue Service’s (“IRS”) proof of claim. Debtors-appellees Scott and…
Date: April 5, 2018
Docket Number: 16-2047
Justia Opinion Summary: Defendant appealed his 180 month sentence after pleading guilty to one count of being a felon in possession of a firearm. The Eighth Circuit vacated the sentence, holding that defendant's prior Missouri second-degree…
Date: April 5, 2018
Docket Number: 16-3417
Justia Opinion Summary: This appeal stemmed from litigation establishing that FAG Bearings was solely responsible for the TCE contamination in Silver Creek and Saginaw. Schaeffler Group subsequently acquired the facility. In this case,…
Date: April 5, 2018
Docket Number: 16-3834
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of American Piping's motion to dismiss the complaint in an action filed by Morgantown for breach of implied warranties. The court held that Morgantown failed to…
Date: April 5, 2018
Docket Number: 16-4212
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's affirmance of the IJ's decision to deny the I-751 petition, to terminate petitioner's permanent resident status, and to have her removed under 8 U.S.C.…
Date: April 4, 2018
Docket Number: 16-3696
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the City and ImOn in an action brought by Mediacom, seeking declarations that certain resolutions were void and that the City could not permit…
Date: April 4, 2018
Docket Numbers: 16-3971, 17-1607
Justia Opinion Summary: Defendant, an African-American man, was convicted of being a felon in possession of a firearm. The Eighth Circuit affirmed the district court's partial denial of his Batson v. Kentucky challenge to the government's use…
Date: April 4, 2018
Docket Number: 16-4288
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence on four counts of the deprivation of his female probationers' civil rights. The court held that there was sufficient evidence to support defendant's…
Date: April 4, 2018
Docket Number: 16-4534
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of aiding and abetting the interference with commerce by robbery, and aiding and abetting the possession of a firearm in furtherance of a crime of violence. The court…
Date: April 4, 2018
Docket Number: 17-1133
Justia Opinion Summary: Plaintiff, who was paralyzed from the waist down and used a wheelchair, filed suit against RL Liquor for violating Title III of the Americans with Disabilities Act (ADA), after he encountered barriers at the store. The…
Date: April 4, 2018
Docket Number: 17-1238
Justia Opinion Summary: The Eighth Circuit affirmed the district court's vacatur of defendant's 15-year sentence and resentence to a 10-year term of imprisonment following Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United…
Date: April 3, 2018
Docket Number: 16-3770
Justia Opinion Summary: Plaintiff filed suit against her former employer for hostile work environment sexual harassment and retaliatory termination in violation of Title VII of the Civil Rights Act of 1964, and the Iowa Civil Rights Act (ICRA).…
Date: April 3, 2018
Docket Number: 16-4069
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment against Specialized Loan Servicing, in an action alleging violations of the Real Estate Settlement Procedures Act (RESPA) and the Minnesota…
Date: April 3, 2018
Docket Number: 16-4457
Justia Opinion Summary: The Eighth Circuit denied the petitions for review of the BIA's order denying petitioner's applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner, on behalf of…
Date: April 3, 2018
Docket Number: 16-4571
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment against plaintiff in an action seeking funds from her husband's trust that was transferred from an Employee Retirement Income Security Act…
Date: April 2, 2018
Docket Number: 16-3930
Justia Opinion Summary: Plaintiff filed suit against defendants under 42 U.S.C. 1983, alleging claims of excessive force and municipal liability, as well as state tort claims. The Eighth Circuit affirmed the district court's denial of the…
Date: March 30, 2018
Docket Number: 16-3057
Justia Opinion Summary: The Eighth Circuit affirmed the district court's conclusion that petitioner had at least three qualifying prior convictions under the Armed Career Criminal Act (ACCA). The court held that defendant's prior conviction for…
Date: March 30, 2018
Docket Numbers: 16-4260, 16-4448
Justia Opinion Summary: Petitioner, extradited from Canada and then convicted of felony murder in violation of South Dakota law, appealed the district court's denial of his petition for habeas relief. Petitioner argued that this appeal…
Date: March 30, 2018
Docket Numbers: 16-4313, 16-4480
Justia Opinion Summary: Plaintiff filed a pro se civil rights action against four South Dakota corrections officials, asserting both facial and as-applied challenges to the State's prison-pornography policy. The Eighth Circuit found it prudent…
Date: March 29, 2018
Docket Number: 16-1797
Justia Opinion Summary: The Eighth Circuit held that the district court properly classified defendant's second degree robbery conviction in violation of Missouri law as a violent felony under the Armed Career Criminal Act (ACCA), 18 U.S.C.…
Date: March 29, 2018
Docket Number: 16-4051
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of an action alleging that defendant violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12101-12213. Plaintiff has cerebral palsy and uses a…
Date: March 29, 2018
Docket Number: 16-4075
Justia Opinion Summary: Debtor's wife, who was not a party to the bankruptcy court proceedings, appealed several of the bankruptcy court's orders. The Eighth Circuit affirmed the bankruptcy appellate panel's dismissal of her appeal, holding…
Date: March 29, 2018
Docket Number: 16-4150
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 324 month sentence after he pleaded guilty to sex trafficking of a minor, in violation of 18 U.S.C. 1591(a), and production of child pornography, in violation of 18 U.S.C. 2251(a).…
Date: March 27, 2018
Docket Number: 17-1971
Justia Opinion Summary: The Eighth Circuit reversed and remanded the district court's denial of qualified immunity to deputies in an action under 42 U.S.C. 1983, alleging excessive force. In this case, each of the deputies knew that plaintiff…
Date: March 26, 2018
Docket Numbers: 16-3686, 16-3940
Justia Opinion Summary: The Eighth Circuit denied IATSE's petition for review of the Board's decision finding that IATSE violated the National Labor Relations Act (NLRA) through its hiring practices. The court held that the Board's conclusion…
Date: March 26, 2018
Docket Number: 17-6017
Justia Opinion Summary: The Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's orders dismissing the trustee's complaint and denying leave to file a further amended complaint. The panel held that the ultimate issue presented was…
Date: March 23, 2018
Docket Number: 16-4209
Justia Opinion Summary: Plaintiffs filed suit against defendant, a police officer, after the officer shot and killed Marilyn Denise Ambrose-Boyd during a welfare check. The Eighth Circuit affirmed the district court's grant of summary judgment,…
Date: March 22, 2018
Docket Number: 16-3298
Justia Opinion Summary: On remand, the district court concluded that petitioner was procedurally barred from asserting a claim under Burrage v. United States, 134 S. Ct. 881, 892 (2014), denied relief, and issued a certificate of appealability.…
Date: March 22, 2018
Docket Number: 16-3832
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for three counts of commercial sex trafficking in violation of the Trafficking Victims Protection Act (TVPA), 18 U.S.C. 1591(a). The court held that the evidence was…
Date: March 22, 2018
Docket Number: 16-4174
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for bribing an Arkansas state official. The court held that the indictment adequately stated the offenses of honest-services and federal-funds bribery; because the…
Date: March 21, 2018
Docket Number: 16-1759
Justia Opinion Summary: Plaintiffs, Eric Wong and the Disability Support Alliance (DSA), filed suit against Heartwood, alleging public accommodation violations of Title III of the Americans with Disabilities Act (ADA), and the Minnesota Human…
Date: March 19, 2018
Docket Number: 17-1345
Justia Opinion Summary: Plaintiff, an inmate at a correctional center, filed suit against two officers under 42 U.S.C. 1983 for failure to protect in violation of the Eighth Amendment. The jury found for the officers and plaintiff appealed. The…
Date: March 16, 2018
Docket Number: 16-3923
Justia Opinion Summary: The Eighth Circuit affirmed the district court's decision affirming the bankruptcy court's finding that funds investors transferred to TSF were part of TSF's Chapter 7 bankruptcy estate. The court held that Judge…
Date: March 13, 2018
Docket Numbers: 16-1295, 16-2232
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of intervenor's motion to unseal certain judicial records. The underlying litigation involved an omnibus Eighth Amendment challenge to Missouri's execution protocol…
Date: March 13, 2018
Docket Number: 16-4127
Justia Opinion Summary: The Eighth Circuit affirmed the denial of a 28 U.S.C. 2255 petition to vacate a sentence in light of Johnson v. United States, 135 S. Ct. 2551, 2563 (2015). The court held that petitioner's prior Arizona conviction for…
Date: March 13, 2018
Docket Numbers: 16-4485, 16-4486
Justia Opinion Summary: The Eighth Circuit affirmed Defendant Espinoza and Tizoc's conviction and sentence for distributing methamphetamine and Espinoza's conviction for being a prohibited person in possession of a firearm. The court held that…
Date: March 12, 2018
Docket Number: 17-2101
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment in favor of defendant, a police officer, in a 42 U.S.C. 1983 action. The court held that the district court erred in granting summary judgment on…
Date: March 6, 2018
Docket Number: 16-3645
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to possess and distribute 100 grams or more of PCP and conspiracy to commit money laundering. The court remanded for correction of defendant's sentence on…
Date: March 6, 2018
Docket Number: 17-3052
Justia Opinion Summary: Russell Bucklew was sentenced to death after being convicted of murder, kidnapping, and rape. At issue on appeal was whether the Eighth and Fourteenth Amendments, as applied, barred Missouri officials from employing a…
Date: March 5, 2018
Docket Number: 16-4141
Justia Opinion Summary: The guardian of John Raines IV's estate filed suit against defendants after Raines was shot at twenty-one times and became paralyzed from his gunshot injuries. The Eighth Circuit dismissed defendants' appeal from the…
Date: March 5, 2018
Docket Number: 16-4303
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for unlawful possession of a firearm as a previously convicted felon. The court held that the district court did violate defendant's Fifth and Sixth Amendment right to…
Date: March 5, 2018
Docket Number: 17-1126
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for two offenses related to his participation in a drug trafficking conspiracy. The court held that there was sufficient evidence to convict defendant of conspiracy to…
Date: March 5, 2018
Docket Number: 17-1644
Justia Opinion Summary: Plaintiff filed suit against defendants, alleging claims under 42 U.S.C. 1983 for use of excessive force, unreasonable search and seizure based on his arrest, failure to protect, conspiracy to deprive him of…
Date: February 28, 2018
Docket Numbers: 16-1854, 16-1923
Justia Opinion Summary: Fidelity filed suit seeking a declaration that a title insurance policy did not cover mechanics' liens. Captiva filed counterclaims, which sought a declaration that the policy covered the mechanics' liens and which…
Date: February 28, 2018
Docket Number: 16-1923
Date: February 28, 2018
Docket Number: 16-3385
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment on remand in favor of defendants in an action filed by mortgage loan borrowers alleging violation of the Truth in Lending Act (TILA).…
Date: February 28, 2018
Docket Number: 16-4172
Justia Opinion Summary: Present lessors sought a declaratory judgment against Unimin Corporation, the present lessee, that the lease at issue created a tenancy at will. The Eighth Circuit affirmed the district court's grant of summary judgment…
Date: February 28, 2018
Docket Number: 16-4365
Justia Opinion Summary: The Eighth Circuit affirmed the district court's sentence imposed after defendant violated the conditions of her probation by participating in an illegal "lottery" scam. The court held that the district court did not…
Date: February 28, 2018
Docket Number: 17-1423
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence seized during a search of his residence while executing an arrest warrant. The court held that the district court…
Date: February 28, 2018
Docket Number: 17-2246
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence discovered during a search following a warrantless car stop. In this case, defendant pleaded guilty to unlawful…
Date: February 28, 2018
Docket Number: 17-2558
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for multiple offenses related to a counterfeiting scheme. The court held that the evidence was sufficient to sustain a conviction for making counterfeit…
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