2019 Eighth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1255
Date: December 27, 2019
Docket Number: 18-1251
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to Wisconsin Central in an action brought by plaintiff for unlawful retaliation under the Federal Railroad Safety Act. The court held that the…
Date: December 27, 2019
Docket Numbers: 18-2232, 18-3383, 18-3385
Justia Opinion Summary: In consolidated appeals, petitioner sought review of DHS's reinstatement of prior orders of removal and challenged the dismissal of related complaints that were filed in federal district court. The Eighth Circuit denied…
Date: December 27, 2019
Docket Number: 18-2942
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for possession of child obscenity in violation of 18 U.S.C. 1466A(b)(1) and (d). The court held that the statute of conviction was neither overbroad and vague in…
Date: December 27, 2019
Docket Number: 18-3314
Justia Opinion Summary: Plaintiff filed an amended complaint seeking damages under 42 U.S.C. 1983, alleging that each individual defendant violated his constitutional right to procedural due process under the Fourteenth Amendment when the local…
Date: December 27, 2019
Docket Numbers: 18-3589, 18-3591
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of Defendant Green's motion to suppress evidence, and affirmed Defendants Green and Herbert's sentences for being a felon in possession of a firearm. The court…
Date: December 27, 2019
Docket Number: 18-3682
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of supplemental security income to claimant, who suffers from borderline intellectual functioning, learning delays, schizoaffective disorder, mood disorder,…
Date: December 26, 2019
Docket Number: 18-3033
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he conditionally pleaded guilty to one count of distribution of 50 grams or more of methamphetamine. The court held that, assuming the district court erred…
Date: December 26, 2019
Docket Number: 18-3040
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he conditionally pleaded guilty to one count of aiding and abetting the distribution of five grams or more of methamphetamine. For the reasons set forth in…
Date: December 23, 2019
Docket Number: 18-3342
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for receiving and distributing child pornography. The court held that the evidence was sufficient to support the convictions; the district court did not err…
Date: December 20, 2019
Docket Number: 18-3000
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence for possession with intent to distribute cocaine and cocaine base. The court held that the district court did not abuse its discretion by admitting evidence of prior…
Date: December 19, 2019
Docket Number: 14-2742
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and death sentence for first degree murder. The court held that the district court did not abuse its discretion by trying defendant with his co-defendant; there was no…
Date: December 19, 2019
Docket Number: 19-6016
Justia Opinion Summary: The bankruptcy appellate panel affirmed the bankruptcy court's grant of debtor's motion to avoid a judicial lien. The panel upheld the bankruptcy court's determination that the value of the real estate at issue was fixed…
Date: December 18, 2019
Docket Number: 18-3136
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to possessing child pornography. The court held that defendant's prior third degree sexual abuse convictions under Iowa law were prior convictions…
Date: December 17, 2019
Docket Number: 18-2700
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of a urine sample that police took from him. The court held that the warrant was supported by probable cause when it was…
Date: December 17, 2019
Docket Number: 19-6023
Justia Opinion Summary: The bankruptcy appellate panel affirmed the bankruptcy court's order dismissing debtor's request for relief for alleged violations of the automatic stay and discharge injunction. In this case, debtor's 2019 request did…
Date: December 16, 2019
Docket Number: 18-3222
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to wire fraud. The court held that the district court did not clearly err in calculating defendant's criminal history score where his prior…
Date: December 16, 2019
Docket Number: 19-1096
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiff's complaint against Hartford Life in an Employee Retirement Income Security Act (ERISA) action. The court held that the district court did not err…
Date: December 13, 2019
Docket Number: 18-3076
Justia Opinion Summary: Vianney appealed the district court's summary judgment rulings on their Religious Land Use and Institutionalized Persons Act (RLUIPA) claims, Missouri Religious Freedom Restoration Act (Missouri RFRA) claim; and inverse…
Date: December 13, 2019
Docket Number: 18-3230
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Anixter on plaintiff's claim that the company violated the Uniformed Services Employment and Reemployment Rights Act (USERRA), by…
Date: December 13, 2019
Docket Number: 18-3674
Justia Opinion Summary: The Eighth Circuit affirmed the district court's finding of a supervised release violation and revocation of defendant's sentence. The court held that the district court carefully explained objective facts and reasonable…
Date: December 13, 2019
Docket Number: 19-1082
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction after he pleaded guilty to possession of a firearm as a convicted felon. The court held that the district court did not err by determining that defendant's prior…
Date: December 11, 2019
Docket Number: 18-3364
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he was convicted of three counts of receipt and distribution of child pornography and one count of failing to…
Date: December 11, 2019
Docket Number: 18-3651
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision denying petitioners' request for humanitarian asylum. Petitioners, seeking asylum for themselves and their children, contend that the district court…
Date: December 11, 2019
Docket Number: 18-3755
Justia Opinion Summary: The Eighth Circuit affirmed the district court's directed verdict and the jury's verdict in favor of appellees in an action involving a dispute between landowners and herbicide damage. The court held that the district…
Date: December 11, 2019
Docket Number: 19-1221
Justia Opinion Summary: Defendant appealed from the district court's denial of his motion for a sentence reduction under the First Step Act of 2018, which made retroactive the lower penalties for cocaine base offenses established by the Fair…
Date: December 10, 2019
Docket Number: 17-3359
Justia Opinion Summary: After the Supreme Court struck down the Armed Career Criminal Act's residual clause as unconstitutionally vague in Johnson v. United States, 135 S. Ct. 2551, 2557, 2563 (2015), petitioner moved for permission to file a…
Date: December 10, 2019
Docket Number: 18-1446
Justia Opinion Summary: On remand from the district court in light of the Supreme Court's opinion in CRST Van Expedited, Inc. v. E.E.O.C., 136 S. Ct. 1642 (2016), the Eighth Circuit affirmed the district court's award of attorney's fees,…
Date: December 10, 2019
Docket Number: 18-2814
Justia Opinion Summary: Plaintiff appealed the district court's adverse grant of summary judgment in his 42 U.S.C. 1983 action against Police Chief Kitch and Officers Karr, Bland and McIntosh. The Eighth Circuit held that the district court…
Date: December 10, 2019
Docket Number: 18-3378
Justia Opinion Summary: The Eighth Circuit denied petitions for review of the BIA's decision affirming the IJ's denial of petitioner's application of withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (INA).…
Date: December 10, 2019
Docket Number: 18-3469
Justia Opinion Summary: Defendant appealed his sentence after being convicted of fraudulently registering the personal vehicles of St. Louis residents in Illinois to avoid Missouri tax. The court held that the method of calculation resulted in…
Date: December 10, 2019
Docket Number: 18-3594
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he conditionally pleaded guilty to being a felon in possession of a firearm. Under the totality of the…
Date: December 9, 2019
Docket Number: 18-2494
Justia Opinion Summary: The Eighth Circuit affirmed the employer's motion for summary judgment in an action brought by plaintiff, a former employee, alleging gender-based discrimination. The court held that summary judgment was appropriate…
Date: December 9, 2019
Docket Number: 18-3182
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to strike the government's 21 U.S.C. 851 notice of sentencing enhancement alleged in the indictment. The court held that defendant's…
Date: December 6, 2019
Docket Number: 18-1851
Justia Opinion Summary: When Aetna terminated plaintiff's disability benefits, she filed an Employee Retirement Income Security Act suit. The Eighth Circuit affirmed the district court's judgment on remand, holding that the district court did…
Date: December 6, 2019
Docket Number: 18-3016
Justia Opinion Summary: Plaintiffs filed suit against federal and state agencies in a dispute over the widening of Interstate Highway 630, alleging violations of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., and…
Date: December 6, 2019
Docket Number: 18-3122
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 600 months in prison imposed after he was convicted of eight child pornography offenses and one count of sexually exploiting a child while required to register as a sex…
Date: December 6, 2019
Docket Number: 18-3123
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he conditionally pleaded guilty to one count of unlawful use of identification documents. In this case, ICE…
Date: December 5, 2019
Docket Number: 18-2537
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The court held that Application Note 8 to USSG 1B1.3 foreclosed…
Date: December 5, 2019
Docket Number: 18-3173
Justia Opinion Summary: After plaintiff was injured when a neck brace allegedly caused or failed to protect him from serious bodily injury, he filed suit against the makers and sellers of the neck brace. The Eighth Circuit affirmed the district…
Date: December 4, 2019
Docket Number: 18-3633
Justia Opinion Summary: Plaintiffs filed suit alleging that TMBC's nationwide practice of charging a fee for preparing legal documents when selling boats and trailers constituted unauthorized law business in violation of Mo. Rev. Stat. 484.010…
Date: December 3, 2019
Docket Number: 18-2617
Justia Opinion Summary: The Eighth Circuit vacated a prior opinion, and granted a petition for rehearing to clarify its decision in light of this court's recent holdings in Kelsay v. Ernst, 933 F.3d 975 (8thCir. 2019) (en banc), and Rudley v.…
Date: December 3, 2019
Docket Number: 18-2850
Justia Opinion Summary: Plaintiff, an equity partner at the firm, filed suit alleging that the firm's mandatory requirement policy was in violation of the Age Discrimination in Employment Act (ADEA). The provision at issue in the law firm's…
Date: December 3, 2019
Docket Number: 18-2895
Justia Opinion Summary: Appellant attempted to appeal two bankruptcy court orders to the district court by filing a single notice of appeal. The district court struck the notice of appeal as violating the local bankruptcy court rule. The…
Date: December 3, 2019
Docket Number: 18-3348
Justia Opinion Summary: The Eighth Circuit vacated the revocation judge's denial of a 28 U.S.C. 2241 petition, holding that petitioner failed to show that he was unable to pursue his desired relief by filing a 28 U.S.C. 2255 petition with the…
Date: December 2, 2019
Docket Numbers: 18-3018, 18-3061
Justia Opinion Summary: Defendant appealed the district court's order vacating an arbitration award, contending that the district court did not properly defer to the arbitrator's decision. Plaintiff cross appealed. In this case, defendant…
Date: November 27, 2019
Docket Number: 18-2975
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of defendant's motion to suppress evidence found inside of a rental car in which defendant was the passenger. The court held that the officer acted on reasonable…
Date: November 27, 2019
Docket Number: 18-3625
Justia Opinion Summary: After plaintiff was terminated, she filed suit against the President of Henderson State University for employment discrimination. The Eighth Circuit affirmed the district court's grant of summary judgment for defendant,…
Date: November 26, 2019
Docket Number: 18-3045
Justia Opinion Summary: After the trustee discovered that debtor had withdrawn over $30,000 from an account more than one year prior to entering bankruptcy and had placed the cash in a home safe, the trustee objected to debtor's amendment of…
Date: November 26, 2019
Docket Number: 19-1753
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to reduce his sentence under the First Step Act, holding that section 404 of the Act does not require a hearing on the motion. Therefore, the…
Date: November 26, 2019
Docket Numbers: 19-6002, 19-6006, 19-6007
Justia Opinion Summary: The bankruptcy appellate panel affirmed the bankruptcy court's orders granting a motion to dismiss an adversary proceeding; denying a motion for an extension of time to file a motion to reconsider and for rehearing; and…
Date: November 21, 2019
Docket Number: 18-3312
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 223 month sentence imposed after he pleaded guilty to one count of conspiracy to distribute methamphetamine after having been previously convicted of a felony drug offense. The…
Date: November 21, 2019
Docket Number: 19-6020
Justia Opinion Summary: The Bankruptcy Appellate Panel dismissed debtor's appeal of the bankruptcy court's order granting the trustee's motion to approve her proposed sale of certain assets to the bank. The panel held that the sale authorized…
Date: November 15, 2019
Docket Number: 18-3317
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 240 month sentence imposed after he pleaded guilty to conspiracy to distribute 500 grams or more of a mixture and substance containing methamphetamine and 50 grams or more of…
Date: November 8, 2019
Docket Number: 18-2662
Justia Opinion Summary: After defendant pleaded guilty to two Iowa felonies in September 2016, but before his sentencing, he possessed two firearms. A grand jury returned an indictment charging defendant with being a felon in possession of a…
Date: November 8, 2019
Docket Number: 19-1104
Justia Opinion Summary: Whether a conviction for a particular state offense qualifies as a basis for removability as an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii) is a question of law under de novo review. The Eighth Circuit denied a…
Date: November 6, 2019
Docket Number: 17-3219
Justia Opinion Summary: Plaintiffs filed suit challenging an Arkansas anti-loitering law that bans begging in a manner that is harassing, causes alarm, or impedes traffic. The Eighth Circuit affirmed the district court's grant of a statewide…
Date: November 6, 2019
Docket Numbers: 18-1312, 18-1313
Justia Opinion Summary: CitiMortgage filed suit against Equity, demanding that Equity repurchase 12 residential mortgage loans. CitiMortgage had notified Equity that it needed to take action under the cure-or-purchase provision in the parties'…
Date: November 6, 2019
Docket Number: 18-3315
Justia Opinion Summary: A driver who causes an accident on a highway is not liable for a second one occurring in the traffic backup that follows. The Eighth Circuit applied Missouri law and held that the backup along the interstate did not lead…
Date: November 5, 2019
Docket Number: 18-2442
Justia Opinion Summary: Petitioners appealed the BIA's denial of their motion to reconsider the IJ's denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The Eighth Circuit…
Date: November 4, 2019
Docket Number: 18-1778
Justia Opinion Summary: MHA filed suit challenging the part of DSH's 2017 Rule defining "costs incurred" as "costs net of third-party payments, including, but not limited to, payments by Medicare and private insurance." The Eighth Circuit…
Date: November 1, 2019
Docket Number: 17-2654
Justia Opinion Summary: Plaintiff filed suit alleging that Missouri's lobbying requirements violate his freedom of speech and right to petition the government, and that the law is facially invalid because ordinary citizens do not have fair…
Date: November 1, 2019
Docket Number: 18-1148
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against Defendants McCarber and LaLuzerne, alleging that defendants violated his constitutional rights by carrying out an arrest without probable cause and in retaliation for…
Date: November 1, 2019
Docket Number: 18-1585
Justia Opinion Summary: The Eighth Circuit reversed the district court's order certifying a nationwide class of plaintiffs in a case involving allegedly deceptive advertising practices. The action arose out of allegedly deceptive advertising…
Date: November 1, 2019
Docket Number: 18-2974
Justia Opinion Summary: Defendant appealed his 125 month sentence imposed after he pleaded guilty to two counts of cocaine distribution and one count of conspiracy to distribute 28 grams or more of cocaine. The district court determined that…
Date: October 25, 2019
Docket Number: 18-2376
Justia Opinion Summary: At issue was whether the district court erred in concluding that it has no authority under 18 U.S.C. 3599 and the All Writs Act, 18 U.S.C. 1651(a), to order South Dakota prison officials to allow petitioner to meet with…
Date: October 23, 2019
Docket Number: 18-3059
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of the law firm's motion to compel arbitration between the firm and its client. The court held that the law firm's offer to pay plaintiff's share of the arbitration…
Date: October 18, 2019
Docket Number: 18-2987
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence and rejected the contention that the district court created unwarranted disparities contrary to 18 U.S.C. 3553(a)(6), when it refused to vary from a guidelines provision…
Date: October 17, 2019
Docket Numbers: 18-1308, 18-1364
Justia Opinion Summary: Plaintiffs filed suit against Dometic, alleging that the fire that extensively damaged a storage building and personal property owned by plaintiffs was caused by a defective Dometic refrigerator installed in their RV.…
Date: October 10, 2019
Docket Numbers: 18-1574, 18-1647, 18-2116
Justia Opinion Summary: Plaintiff and others filed a class action against defendants, alleging claims under the Fair Labor Standards Act (FLSA) and Nebraska law, arising out of an eight-week student-driver training program operated by…
Date: October 8, 2019
Docket Numbers: 18-2601, 18-3202
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's order denying cancellation of removal and ordering petitioner removed, and subsequently denying his timely motion to reopen proceedings. The court held that…
Date: October 3, 2019
Docket Number: 17-2951
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court rejected defendant's claim under Rehaif v. United States, 139 S. Ct. 2191 (2019), and held that there was no…
Date: October 3, 2019
Docket Number: 18-1066
Justia Opinion Summary: Plaintiff filed suit against Dollar General after the company denied her request for a leave of absence due to a medical condition, alleging claims under the Americans with Disabilities Act (ADA), the Family Medical…
Date: October 1, 2019
Docket Number: 18-2019
Justia Opinion Summary: The Eighth Circuit affirmed defendant's appeal of the Sex Offender Registration and Notification Act (SORNA) registration requirements as a condition of his release. The court held that the plea agreement, in which…
Date: September 25, 2019
Docket Number: 18-2591
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to dismiss the indictment on double jeopardy grounds. The court held that the same conduct can result in both a revocation of a defendant's…
Date: September 19, 2019
Docket Number: 18-1498
Justia Opinion Summary: A corporation that acquires substantially all the assets of an unrelated competitor at a secured creditor's private foreclosure sale, in an agreement that declines to assume the competitor's liabilities, is not liable as…
Date: September 19, 2019
Docket Number: 18-2468
Justia Opinion Summary: Iowa inmates filed a 42 U.S.C. 1983 action against the IDOC and IDOC officials, alleging that IDOC's administration of its Sex Offender Treatment Program violates their constitutional rights to equal protection, due…
Date: September 17, 2019
Docket Number: 19-8014
Justia Opinion Summary: Plaintiffs filed a class action in state court against Massage Envy, alleging that the company violated the Missouri Merchandising Practices Act (MMPA) when advertisements for its one hour massage session failed to…
Date: September 16, 2019
Docket Number: 18-1861
Justia Opinion Summary: After defendant installed drain tile on his property in a manner consistent with the NRCS map but inconsistent with the FWS map, defendant was convicted of the lesser-included offense of disturbing property in the…
Date: September 12, 2019
Docket Number: 18-2617
Justia Opinion Summary: Plaintiff filed a 42 U.S.C. 1983 action for damages, alleging that the city, the police department, and an officer violated plaintiff's constitutuional rights when he was detained and tased as part of an arrest. The…
Date: September 11, 2019
Docket Number: 17-2456
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of plaintiff's petition for habeas corpus relief. The court held that plaintiff's counsel's representation did not fall below an objective standard of…
Date: September 11, 2019
Docket Number: 17-3093
Justia Opinion Summary: Plaintiffs, a class of civilly committed residents, appealed the dismissal of their claims against state officials, alleging that the state's commitment provisions are facially unconstitutional, and that the treatment…
Date: September 11, 2019
Docket Numbers: 18-1071, 18-1979, 18-3046
Justia Opinion Summary: Defendants Sayonkon and Samaan appealed their convictions for aggravated identity theft and conspiracy to commit bank fraud. Defendant Sesay pleaded guilty to one count of conspiracy to commit bank fraud. All defendants…
Date: September 11, 2019
Docket Number: 18-2181
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against Arkansas prison officials, alleging deprivations of his constitutional rights while incarcerated. Plaintiff's claims stemmed from his almost seven month detention in…
Date: September 11, 2019
Docket Numbers: 18-2370, 18-2568
Justia Opinion Summary: Southern Bakeries appealed the Board's determination that it violated Sections 8(a)(1) and (3) of the National Labor Relations Act (NLRA) by relying on a prior unlawful discipline in disciplining and terminating an…
Date: September 10, 2019
Docket Number: 18-2612
Justia Opinion Summary: Removal is effective upon filing a copy of the notice of removal with the clerk of the state court, regardless of how state law might treat the notice after it is filed. The Eighth Circuit held that this case's removal…
Date: September 9, 2019
Docket Number: 18-2470
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possessing a firearm as a felon. The court held that defendant's prior Arkansas conviction for second degree battery was a violent…
Date: September 6, 2019
Docket Number: 18-1271
Justia Opinion Summary: After the Tribe failed to remit the use tax on goods and services sold to nonmembers at its casino and store, the State's Department of Revenue denied the Tribe renewals of alcoholic beverage licenses that were issued to…
Date: September 6, 2019
Docket Number: 18-2750
Justia Opinion Summary: The Eighth Circuit held that the Indian Gaming Regulatory Act does not preempt the imposition of statewide tax on the gross receipts of a nonmember contractor for services performed in renovating and expanding the…
Date: September 5, 2019
Docket Number: 18-1823
Justia Opinion Summary: Plaintiff filed suit against two officers, Hawkins and Swinton, for civil conspiracy and one of the officers, Hawkins, for excessive force and performing an unreasonable search. The Eighth Circuit reversed the district…
Date: September 4, 2019
Docket Number: 18-2764
Justia Opinion Summary: Plaintiffs filed suit against the University under Title IX of the Education Amendments of 1972 and various state laws, alleging that the University failed to protect them against stalking and sexual harassment by a…
Date: September 3, 2019
Docket Number: 18-2533
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that Officers Bryant and Oldham used excessive force in violation of the Fourth Amendment when they arrested her and her minor son. The Eighth Circuit reversed the…
Date: September 3, 2019
Docket Number: 18-2554
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction to one count of distribution of child pornography. The court held that the statute of conviction, 18 U.S.C. 2252A(a)(2), as constitutionally applied to him, did not…
Date: September 3, 2019
Docket Number: 18-2821
Justia Opinion Summary: The decedent had insurance policies with Unum Life. After he died, he was survived by two minor children and his domestic partner. The district court granted a declaratory judgment, holding that Unum Life had adopted an…
Date: August 30, 2019
Docket Number: 16-1152
Justia Opinion Summary: Plaintiff filed a class action in state court against Walgreens and others, claiming that the Walgreens Balance Rewards program violated Arkansas's statutory prohibition on price discrimination in the sale of…
Date: August 30, 2019
Docket Number: 16-1564
Justia Opinion Summary: After plaintiff, an attorney, discovered that SBAND was using his compulsory dues to oppose a state ballot measure he supported, plaintiff filed suit against SBAND and various state officials in their official…
Date: August 30, 2019
Docket Number: 18-1522
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of HRMC's motion for remittitur or a new trial following the jury's award of damages to plaintiff, one of HRMC's former physicians, in a breach of contract action.…
Date: August 30, 2019
Docket Number: 18-1770
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in favor of defendants, holding that plaintiffs were not entitled to equitable tolling on their claims under the Driver's Privacy Protection Act. The court held…
Date: August 30, 2019
Docket Number: 18-3109
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he conditionally pleaded guilty to being a felon in possession of a firearm. The court held that the officer who…
Date: August 29, 2019
Docket Number: 17-2325
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to correct his sentence under 28 U.S.C. 2255 based on Johnson v. United States, 135 S. Ct. 2551 (2015). The court held that Johnson did not…
Date: August 29, 2019
Docket Number: 18-1614
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision finding petitioner ineligible for cancellation of removal because he sustained a prior conviction for a crime involving moral turpitude when he was…
Date: August 29, 2019
Docket Number: 18-1742
Justia Opinion Summary: After plaintiff suffered serious injuries from falling off a Vulcan ladder, he and his wife filed suit against Vulcan and GP. The jury rejected plaintiffs' design defect claim, but found that defendants breached an…
Date: August 29, 2019
Docket Number: 18-2663
Justia Opinion Summary: Where a plaintiff seeks damages based on alleged illegal actions of a municipal official, there is no authority to award damages against the municipality when the jury concludes that the official committed no wrong.…
Date: August 29, 2019
Docket Number: 18-2696
Justia Opinion Summary: Defendant pleaded guilt to one count of bank robbery and one count of unlawful possession of a firearm as a previously convicted felon, and was sentenced to 216 months in prison. On appeal, defendant argued that the…
Date: August 28, 2019
Docket Number: 18-2541
Justia Opinion Summary: Plaintiffs filed suit on behalf of themselves and their children against the social workers involved in their cases and two of their DHS supervisors, alleging violations of their constitutional rights. The Eighth Circuit…
Date: August 27, 2019
Docket Number: 17-1649
Justia Opinion Summary: The Eighth Circuit joined the majority of circuits and held that a potential violation of the right to proceed pro se does not, in and of itself, render a plea involuntary. Defendant pleaded guilty to being a felon in…
Date: August 26, 2019
Docket Number: 18-2333
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Union Pacific in an action brought by plaintiff, alleging claims of discrimination and retaliation in violation of the Americans with…
Date: August 26, 2019
Docket Number: 18-2498
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of a 28 U.S.C. 2255 motion for relief under Johnson v. United States, 135 S. Ct. 2551 (2015). Although petitioner concedes that his petition was untimely, he argued…
Date: August 26, 2019
Docket Number: 18-2604
Justia Opinion Summary: Defendant appealed his conviction of three counts of aggravated sexual abuse of a child. The Eighth Circuit held that the district court did not abuse its discretion in admitting the testimony of two witnesses that…
Date: August 23, 2019
Docket Number: 17-3352
Justia Opinion Summary: Plaintiffs own and operate Telescope Media Group, a company that makes commercials, short films, and live-event productions. Plaintiffs filed suit against Minnesota, seeking injunctive relief preventing Minnesota from…
Date: August 23, 2019
Docket Number: 18-1636
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiring to distribute methamphetamine. Even assuming that it was error to allow an officer to testify regarding defendant's pre-Miranda statements and actions,…
Date: August 23, 2019
Docket Numbers: 18-1760, 18-1761
Justia Opinion Summary: MetLife and Ford appealed the district court's award of benefits, costs and attorney fees in an Employee Retirement Income Security Act (ERISA) action. In this case, while MetLife paid plaintiff her husband's basic life…
Date: August 23, 2019
Docket Number: 18-1761
Date: August 23, 2019
Docket Number: 18-2372
Justia Opinion Summary: Plaintiff appealed an adverse jury verdict on his retaliation claims under the Federal Railroad Safety Act, challenging the jury instructions. The Eighth Circuit agreed with plaintiff that the jury instructions misstated…
Date: August 21, 2019
Docket Number: 18-1933
Justia Opinion Summary: Plaintiff and MDHS brought a negligence action against defendants, alleging that a jail official provided and made plaintiff wear shoes that were too small for his feet. The shoes caused a blister on one of his left…
Date: August 21, 2019
Docket Number: 18-2600
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for two drug trafficking offenses. The government had been unaware of payments that local police made to a cooperating witness and thus failed to disclose the…
Date: August 20, 2019
Docket Number: 17-2661
Justia Opinion Summary: Continental appealed from a jury determination that it had tortiously interfered with the business relationship of plaintiff and CTAP. The Eighth Circuit affirmed and held that the evidence was sufficient to support a…
Date: August 20, 2019
Docket Number: 18-1941
Justia Opinion Summary: Plaintiff filed suit alleging federal constitutional and tort claims against the city, the county, and several city and county employees after his son died of hypothermia. Plaintiff alleged that defendants, by…
Date: August 20, 2019
Docket Number: 18-2017
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for two counts of being a felon in possession of a firearm. The court held that the district court did not commit plain error by not merging his firearm…
Date: August 20, 2019
Docket Number: 18-2154
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence on the ground that his arrest and subsequent searches of his hotel room and vehicle violated his Fourth Amendment rights.…
Date: August 20, 2019
Docket Number: 18-2346
Justia Opinion Summary: Objector was a member of a California class action against Monsanto that alleged that the company used misleading labeling on its Roundup concentrate herbicide. After certification of the class, class counsel filed this…
Date: August 19, 2019
Docket Number: 17-1207
Justia Opinion Summary: Kearney sought judicial review of the Board's decision denying its application to participate in the Medicare program. Although the facility later received approval, the initial denial prevented Kearney from…
Date: August 19, 2019
Docket Number: 18-1597
Justia Opinion Summary: Plaintiff filed suit against the City and Doc's Towing, alleging that defendants violated her rights under the Fourth and Fourteenth Amendments when her car was towed and stored without her consent or a warrant. The…
Date: August 19, 2019
Docket Number: 18-1826
Justia Opinion Summary: After plaintiff and her four children died from smoke inhalation as a result of a kitchen fire in their apartment, administrators of their estate filed suit against the JHA, the manufacturer of the smoke alarm, the City,…
Date: August 19, 2019
Docket Number: 18-1970
Justia Opinion Summary: The Eighth Circuit denied the petition for review of the BIA's denial of petitioner's untimely motion to reopen. The court agreed with the Second Circuit's rejection of the argument that denial of an unopposed…
Date: August 19, 2019
Docket Number: 18-2119
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he was found guilty of possessing a firearm after being convicted of a felony. The court held that the district court did not err by applying a sentencing…
Date: August 19, 2019
Docket Number: 18-2473
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion seeking discharge from a civil commitment in a proceeding under 18 U.S.C. 4247(h). The court held that the specific requirements of section…
Date: August 19, 2019
Docket Number: 18-2489
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to unlawful possession of a firearm as a previously convicted felon. The court held that the district court did not err by determining that…
Date: August 19, 2019
Docket Numbers: 18-3113, 18-3114
Justia Opinion Summary: The Eighth Circuit affirmed the district court's imposition of a special condition of supervised release forbidding defendant, with one exception, to use a computer or the internet without the permission of the probation…
Date: August 16, 2019
Docket Number: 18-1372
Justia Opinion Summary: Insured Directors, plaintiffs in this declaratory judgment action seeking to allocate defense costs among insured and uninsured parties, appealed the district court's adverse grant of summary judgment in favor of…
Date: August 16, 2019
Docket Number: 18-2262
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress a bag of drugs found at defendant's feet after he pleaded guilty to knowingly and intentionally possessing with intent to…
Date: August 16, 2019
Docket Number: 18-2422
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to two counts of attempted sexual exploitation of a minor. Deciding not to enforce the ambiguous appeal waiver, the court held that the…
Date: August 16, 2019
Docket Number: 18-2500
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's argument that his prior drug conspiracy convictions did not…
Date: August 15, 2019
Docket Number: 18-1011
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's successive motion to correct his sentence under 28 U.S.C. 2255. The court held that petitioner did not meet the requirements of section 2255(h)(2)…
Date: August 15, 2019
Docket Number: 18-1466
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence, holding that the district court did not clearly err in denying defendant safety-valve relief after concluding that he had not truthfully provided all information and…
Date: August 15, 2019
Docket Number: 18-1911
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's denial of petitioner's request for asylum and/or withholding removal. The court held that substantial evidence supported the BIA's finding that petitioner…
Date: August 15, 2019
Docket Number: 18-2493
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. Defendant argued that he was entitled to a new trial…
Date: August 14, 2019
Docket Number: 18-1544
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of bank robbery, Hobbs Act robbery, two counts of brandishing a firearm during those crimes of violence, and unlawful possession of a firearm as a previously convicted…
Date: August 14, 2019
Docket Number: 18-1687
Justia Opinion Summary: In 1988, petitioner filed an application for Temporary Resident Status as a Special Agricultural Worker. Over thirty years later, he petitioned to hold that the Administrative Appeals Office (AAO) erred in denying his…
Date: August 14, 2019
Docket Numbers: 18-2416, 18-2497
Justia Opinion Summary: DLC filed a 42 U.SC. 1983 action against defendant, the Director of the South Dakota Division of Banking, alleging that license revocation without a pre-deprivation hearing deprived DLC of its procedural due process…
Date: August 14, 2019
Docket Number: 18-3054
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of summary judgment to plaintiff in a 42 U.S.C. 1983 action, alleging that a highway patrol trooper used excessive force against her in violation of her Fourth…
Date: August 14, 2019
Docket Number: 18-6031
Justia Opinion Summary: The Bankruptcy Appellate Panel reversed the bankruptcy court's grant of the Banks' motion for summary judgment challenging the validity of the other parties' liens and asserting the priority of its own lien in debtor's…
Date: August 13, 2019
Docket Number: 16-1233
Justia Opinion Summary: On remand from the Supreme Court, the Eighth Circuit affirmed the district court's resentence imposed after defendant pleaded guilty to being a felon in possession of a firearm. The court held, in light of the Supreme…
Date: August 13, 2019
Docket Number: 17-2181
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of a deputy's motion for summary judgment in a 42 U.S.C. 1983 action, alleging that the deputy used excessive force while arresting plaintiff. The court held that…
Date: August 13, 2019
Docket Number: 18-2349
Justia Opinion Summary: The Eighth Circuit vacated the district court's denial of petitioner's motion for relief under Federal Rule of Civil Procedure 60(b)(6). In this case, the district court determined that petitioner's sentence imposed on…
Date: August 13, 2019
Docket Number: 18-2396
Justia Opinion Summary: Plaintiff, an inmate at the ADC, filed suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), as well as the First and Fourteenth Amendments, seeking injunctive relief against ADC officials…
Date: August 13, 2019
Docket Number: 18-2685
Justia Opinion Summary: The Eighth Circuit affirmed the district court's imposition of supervised release conditions after defendant pleaded guilty to conspiracy to distribute methamphetamine. The court held that the district court did not…
Date: August 13, 2019
Docket Number: 18-2724
Justia Opinion Summary: The Eighth Circuit dismissed defendant's appeal of the district court's denial of his motion for summary judgment based on qualified immunity. In this case, plaintiff filed a 42 U.S.C. 1983 action against defendant, a…
Date: August 12, 2019
Docket Number: 17-3567
Justia Opinion Summary: After the jury awarded damages to a sexual assault victim who was under the care of New Horizon, RSUI filed this action seeking a declaratory judgment that the policy's "Sexual Abuse or Molestation" exclusion barred…
Date: August 12, 2019
Docket Number: 18-1537
Justia Opinion Summary: The Eighth Circuit held that the district court erred in denying summary judgment based on qualified immunity to the officer who shot and killed the decedent during a police chase. The court held that the district court…
Date: August 12, 2019
Docket Number: 18-1953
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court agreed with the district court that defendant's prior conviction for aggravated…
Date: August 12, 2019
Docket Number: 18-2351
Justia Opinion Summary: The Eighth Circuit affirmed the denial of social security disability insurance benefits and supplemental security income to plaintiff. The court held that substantial evidence supported the ALJ's conclusion that…
Date: August 12, 2019
Docket Number: 18-2701
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in favor of the United States in this civil forfeiture action. The court held that the district court did not abuse its discretion by striking claimant's claim,…
Date: August 12, 2019
Docket Number: 18-2818
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment upholding the constitutionality of an Arkansas zoning law that prevents adult-oriented businesses from opening within 1,000 feet of schools and other places…
Date: August 9, 2019
Docket Number: 18-1302
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the district court's dismissal of the Committee's appeal of the bankruptcy court's confirmation of debtors' voluntary reorganization plan. The panel held that the bankruptcy court…
Date: August 9, 2019
Docket Number: 18-1681
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiff's claim under the Federal Tort Claims Act against the United States for negligent supervision and training. Plaintiff alleged that he suffered…
Date: August 9, 2019
Docket Number: 18-2186
Justia Opinion Summary: Lamar maintained and operated a billboard on land that it leased from R.E.D. After R.E.D. and Landmark executed an agreement under which Landmark agreed to pay R.E.D. in exchange for, among other things, the right to…
Date: August 9, 2019
Docket Number: 18-2454
Justia Opinion Summary: An acquittal does not prevent the sentencing court from considering conduct underlying the acquitted charge, so long as that conduct has been proved by a preponderance of the evidence. The Eighth Circuit affirmed…
Date: August 9, 2019
Docket Number: 18-2525
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of unlawful possession of a firearm as a previously convicted felon. The court held that there was ample evidence to support a…
Date: August 9, 2019
Docket Number: 18-2655
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of Warren Unilube's motion for summary judgment in an action brought by plaintiff, alleging a race-based claim under Title VII of the Civil Rights Act. Under the…
Date: August 8, 2019
Docket Number: 18-1145
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to conspiracy to commit bank fraud, and aiding and abetting aggravated identity theft. The court held that defendant waived his argument…
Date: August 8, 2019
Docket Numbers: 18-2211, 18-2692
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of conspiracy to cause intentional damage to a protected computer, and to two counts of being a felon in possession of a…
Date: August 8, 2019
Docket Number: 18-2695
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for abusive sexual contact. Defendant moved to withdraw his guilty plea on the ground that he did not fully understand some of its consequences. The court…
Date: August 8, 2019
Docket Number: 18-2730
Justia Opinion Summary: Plaintiff filed suit against the City, the police chief, and the city administrator, alleging that plaintiff was terminated without due process and in retaliation for his exercise of First Amendment free speech rights.…
Date: August 8, 2019
Docket Number: 18-6026
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's entry of summary judgment in favor of the bankruptcy trustee. The Bank challenged whether the terms of the judgment were fulfilled in transferring debtor's…
Date: August 7, 2019
Docket Number: 18-1764
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiffs' putative class action against First Federal and former directors of Inter-State. Plaintiffs alleged that Inter-State's merger with First Federal…
Date: August 7, 2019
Docket Number: 18-1871
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to unlawful possession of a firearm while under felony indictment in state court. The court rejected defendant's claim that the district…
Date: August 7, 2019
Docket Number: 18-2352
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment and award of attorney's fees, expenses, and costs to plaintiffs, in an action brought under the Americans with Disabilities Act (ADA).…
Date: August 6, 2019
Docket Number: 18-1692
Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of defendant's supervised release for the third time and sentence, as well as the reimposition of a life term of supervised release and new conditions of…
Date: August 6, 2019
Docket Number: 18-1949
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for the insurance company in an action brought by McCrossan, alleging breach of the crime insurance policy after the company denied coverage…
Date: August 6, 2019
Docket Number: 18-2204
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to unlawful possession of a firearm as a previously convicted felon. The court held that defendant's claim that the district court erred in…
Date: August 5, 2019
Docket Number: 18-1824
Justia Opinion Summary: Suits over oil and gas leases on allotted trust lands are governed by federal law, not tribal law, and the tribal court lacks jurisdiction over the nonmember oil and gas companies. This appeal involved a dispute over the…
Date: August 5, 2019
Docket Number: 18-2412
Justia Opinion Summary: Defendant pleaded guilty to two counts of receipt of child pornography and appealed his sentence. The Eighth Circuit held that the restitution order survived the appeal waiver because the order was not authorized by the…
Date: August 5, 2019
Docket Number: 18-2807
Justia Opinion Summary: Plaintiff filed a pro se complaint alleging a 42 U.S.C. 1983 claim against MDOC, the warden of OCC, and a former probation and parole officer at the OCC, alleging that he was unlawfully deprived of his liberty as a…
Date: August 5, 2019
Docket Number: 18-2957
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to defendant in an action brought by plaintiffs and Glow Hospitality alleging claims against defendant, an attorney, for fraud and breach of…
Date: August 5, 2019
Docket Number: 18-3049
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court held that inculpatory statements defendant made during his state parole revocation hearing related to possession…
Date: August 2, 2019
Docket Number: 17-3409
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of a 28 U.S.C. 2255 habeas corpus petition, seeking relief from a mandatory minimum sentence imposed in 2008. The court held that petitioner's 2014 motion was…
Date: August 2, 2019
Docket Number: 18-1115
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of a preliminary injunction enjoining North Dakota Senate Bill 2289, which regulates relationships between manufacturers and farm equipment dealers. The court held…
Date: August 2, 2019
Docket Number: 18-1311
Justia Opinion Summary: After JetMidwest filed suit against JMG for breaching a loan agreement, the district court granted summary judgment to JetMidwest but denied its motion for reimbursement of its attorneys' fees under the agreement. As a…
Date: August 2, 2019
Docket Number: 18-2273
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order granting judgment for GEICO in an action seeking a declaratory judgment that the stacking provisions of other liability coverage in the insurance policy were not…
Date: August 2, 2019
Docket Number: 18-2371
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of ammunition. The court held that the district court did not plainly err by applying USSG 5G1.3(d) and concluding…
Date: August 2, 2019
Docket Number: 18-2732
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, possession with intent to distribute 5 grams or more of…
Date: August 1, 2019
Docket Number: 17-3437
Justia Opinion Summary: Plaintiff filed suit against the police chief, the city, and other public officials, alleging violations of the Driver's Privacy Protection Act (DPPA). After the police chief admitted liability for six violations of the…
Date: August 1, 2019
Docket Number: 17-3602
Justia Opinion Summary: Plaintiff, a 7 year old elementary school student, filed a 42 U.S.C. 1983 suit against KCPS, Officer Craddock, and Principal Wallace for violations of his rights under the Fourth and Fourteenth Amendments. Plaintiff's…
Date: August 1, 2019
Docket Number: 18-1025
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of five counts of sex trafficking and attempted sex trafficking, and one count of conspiracy to commit an offense against the United States, specifically facilitating…
Date: August 1, 2019
Docket Number: 18-1948
Justia Opinion Summary: Allstate filed suit seeking a declaratory judgment that the insureds violated the intentional acts exclusion of their insurance policy and that Allstate was entitled to recover its payment to the mortagees. Allstate…
Date: August 1, 2019
Docket Number: 18-2146
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the determination that petitioner was removable under 8 U.S.C. 1227(a)(2)(A)(iii) because he was convicted in Iowa of committing an aggravated felony. Determining that…
Date: July 31, 2019
Docket Number: 18-1371
Justia Opinion Summary: The Eighth Circuit affirmed defendant's life sentence for serious drug trafficking and firearms crimes imposed after resentencing, holding that the district court was aware of the relevant sentencing factors under 18…
Date: July 31, 2019
Docket Number: 18-1632
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the employer in an action brought by plaintiff, alleging claims under Title VII of the Civil Rights Act and the Iowa Civil Rights Act for…
Date: July 31, 2019
Docket Number: 18-1725
Justia Opinion Summary: Six Native American plaintiffs filed suit challenging portions of North Dakota's election statutes, requiring a voter to present a specific form of identification at the polls before receiving a ballot. The district…
Date: July 31, 2019
Docket Number: 18-2123
Justia Opinion Summary: Plaintiff filed suit against NPC, seeking declaratory and injunctive relief for alleged violations of the Americans with Disabilities Act (ADA), and corresponding ADA Accessibility Guidelines (ADAAG). Plaintiff, who has…
Date: July 31, 2019
Docket Number: 18-2309
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior convictions for two counts of distributing cocaine base…
Date: July 31, 2019
Docket Number: 18-2789
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of defendant's motion for summary judgment in an action challenging the decision of the Pine Bluff Arsenal (PBA) not to hire plaintiff. Under the McDonnell Douglas…
Date: July 30, 2019
Docket Number: 18-1410
Justia Opinion Summary: The Eighth Circuit affirmed the district court's imposition of a 24 month supervised release revocation sentence. The court held that the district court did not commit plain procedural error by basing its sentence on a…
Date: July 30, 2019
Docket Number: 18-1588
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Nationwide in an action brought by plaintiff, an employee of Nationwide, alleging discrimination against her on the basis of her sex and her…
Date: July 30, 2019
Docket Number: 18-1947
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Norac in an action brought by plaintiff, a Norac employee, alleging claims of employment discrimination following her termination. The court…
Date: July 30, 2019
Docket Number: 18-2342
Justia Opinion Summary: The Eighth Circuit granted a petition for review of the BIA's dismissal of petitioner's appeal of an IJ's order denying asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court…
Date: July 29, 2019
Docket Number: 17-3635
Justia Opinion Summary: After a child fell 50 ft. from a zipline at Bible camp, the parties dispute who potentially bears financial responsibility for her injuries. The Eighth Circuit held that, under the plain language of the insurance policy,…
Date: July 29, 2019
Docket Number: 18-1846
Justia Opinion Summary: The Eighth Circuit reversed the district court's order granting summary judgment to the Commissioner, in an action brought by Farm Wineries seeking a declaration that the Minnesota Farm Wineries Act's in-state…
Date: July 29, 2019
Docket Number: 18-1850
Justia Opinion Summary: The Eighth Circuit affirmed the denial of social security disability benefits to plaintiff. The court held that plaintiff clearly suffered from back pain, but substantial evidence supported the ALJ's finding that…
Date: July 29, 2019
Docket Number: 18-2610
Justia Opinion Summary: Plaintiffs appealed the district court's denial of their motion for judgment as a matter of law in an action seeking reimbursement from State Farm after their house was destroyed by fire. The district court found that…
Date: July 26, 2019
Docket Number: 17-3770
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of TJN's 42 U.S.C. 1983 action against defendants, in an action arising from the Craighead County District Judges Boling and Fowler's implementation of an…
Date: July 26, 2019
Docket Number: 18-1674
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of plaintiff's request for declaratory and injunctive relief, seeking a ruling that the Missouri State Highway Patrol is forbidden to stop and inspect his…
Date: July 26, 2019
Docket Number: 18-1728
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to one count of possession with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine. The court held that the…
Date: July 26, 2019
Docket Number: 18-1786
Justia Opinion Summary: The bankruptcy trustee filed suit against parties involved in the sale of a bankruptcy estate's assets under 11 U.S.C. 363. The Eighth Circuit affirmed the bankruptcy appellate panel's decision affirming the bankruptcy…
Date: July 26, 2019
Docket Number: 18-1816
Justia Opinion Summary: Defendant appealed the district court's imposition of a $5000 restitution order imposed after he pleaded guilty to selling eagle feathers. The Eighth Circuit reversed the order of restitution and modified the judgment to…
Date: July 26, 2019
Docket Number: 18-1910
Justia Opinion Summary: The Eighth Circuit affirmed the denial of plaintiff's application for supplemental security income, holding that substantial evidence supported the ALJ's determination that plaintiff had only a moderate restriction on…
Date: July 26, 2019
Docket Number: 18-2331
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's determination that petitioner was removable. The court held that petitioner failed to exhaust his administrative remedies with…
Date: July 26, 2019
Docket Number: 18-2555
Justia Opinion Summary: Plaintiff filed suit alleging that defendants were responsible for his delayed release from jail following the dismissal of criminal charges against him. The Eighth Circuit reversed the district court's denial of…
Date: July 25, 2019
Docket Number: 14-2800
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment sentencing defendant to death for his role in murdering an inmate. The court affirmed the district court's decision not to hold an Atkins hearing and not to…
Date: July 25, 2019
Docket Number: 17-3365
Justia Opinion Summary: Plaintiff, a minor, filed suit against the SWAT team officers, the detectives, and the Board under 42 U.S.C. 1983, after she suffered Post-Traumatic Stress Disorder (PTSD) from the blast of a flash-bang grenade. In this…
Date: July 25, 2019
Docket Number: 17-3663
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he violated one of his supervised release conditions. Reviewing for substantive error, the court held that the district court did not abuse its discretion in…
Date: July 25, 2019
Docket Number: 17-3673
Justia Opinion Summary: Plaintiff filed suit against her employees, alleging that they unlawfully terminated her in retaliation for exercising her rights under the Family and Medical Leave Act (FMLA) and the Missouri Human Rights Act (MHRA).…
Date: July 25, 2019
Docket Number: 18-2178
Justia Opinion Summary: The Eighth Circuit dismissed defendant's appeal of the district court's denial of his request for de novo resentencing. In this case, defendant pleaded guilty to one count of possession of methamphetamine with intent to…
Date: July 25, 2019
Docket Number: 18-2345
Justia Opinion Summary: Lemartec appealed the district court's entry of judgment in favor of ACT on ACT's breach of contract claim. Lemartec argued that the district court erred in concluding that Lemartec's bid package was incorporated into…
Date: July 25, 2019
Docket Number: 18-2527
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1981 against K.C. Live for assault, battery, false imprisonment, negligence, and malicious prosecution. The district court granted K.C. Live's motion to dismiss after finding the…
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