2019 Eighth Circuit US Court of Appeals Case Law

Opinions 1 - 500 of 1049

Patrick Harding v. William P. Barr
Date: October 16, 2019
Docket Number: 18-3181
United States v. Eric Boyer
Date: October 16, 2019
Docket Number: 19-1355
United States v. Eric Perez
Date: October 16, 2019
Docket Number: 19-1603
Celina Nieto-Lopez v. William P. Barr
Date: October 15, 2019
Docket Number: 18-1642
Celina Nieto-Lopez v. William P. Barr
Date: October 15, 2019
Docket Number: 18-3163
United States v. Andrew Wolters
Date: October 11, 2019
Docket Number: 18-2963
Aaron Flemons v. John Devane
Date: October 11, 2019
Docket Number: 18-3111
United States v. Arinthius Johnson
Date: October 11, 2019
Docket Number: 18-3279
Simon Choch v. William P. Barr
Date: October 11, 2019
Docket Number: 18-3609
United States v. Tan Vang
Date: October 11, 2019
Docket Number: 19-2821
Petrone v. Werner Enterprises, Inc.  
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 defendant...

Philip Petrone v. Werner Enterprises, Inc.
Date: October 10, 2019
Docket Number: 18-1647
Philip Petrone v. Werner Enterprises, Inc.
Date: October 10, 2019
Docket Number: 18-2116
United States v. Dale Morrow, Jr.
Date: October 10, 2019
Docket Number: 18-3006
United States v. Daniel McNabb
Date: October 9, 2019
Docket Number: 18-3250
United States v. Troy Wright
Date: October 9, 2019
Docket Number: 18-3670
United States v. Brian Jones
Date: October 9, 2019
Docket Number: 19-1487
United States v. Jesus Vazquez-Espinoza
Date: October 9, 2019
Docket Number: 19-1712
Urrutia Robles v. Barr  
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 pe...

Carlos Enrique Urrutia Robles v. William P. Barr
Date: October 8, 2019
Docket Number: 18-3202
Akoi Samolu v. William P. Barr
Date: October 8, 2019
Docket Number: 18-3303
Akoi Samolu v. William P. Barr
Date: October 8, 2019
Docket Number: 18-3694
Calvin Hollowell v. Ally Bank
Date: October 8, 2019
Docket Number: 19-1823
Anthony Fowlkes v. Tim Ryals
Date: October 7, 2019
Docket Number: 18-3131
United States v. Terrance Wilson
Date: October 7, 2019
Docket Number: 18-3655
United States v. Gary Ersery
Date: October 7, 2019
Docket Number: 19-1031
Patt McGuire v. St. Louis County Missouri
Date: October 7, 2019
Docket Number: 19-1298
Peter R. Wright v. Judge Frank Magill
Date: October 7, 2019
Docket Number: 19-1480
United States v. Robert Sanford
Date: October 4, 2019
Docket Number: 18-2983
Timothy Freeman v. Corizon Health, Inc.
Date: October 4, 2019
Docket Number: 19-1125
United States v. Hollingshed  
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 plai...

Garrison v. Dolgencorp, LLC  
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 Leav...

United States v. Knight  
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 defen...

United States v. Donald Stewart
Date: September 27, 2019
Docket Number: 19-1238
Johnnie Campbell v. Christopher Johannes
Date: September 26, 2019
Docket Number: 18-3129
United States v. Wilson  
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 su...

Kimberly Benson v. Andrew Saul
Date: September 25, 2019
Docket Number: 18-3619
Bradley Landwehr v. City of Gerald
Date: September 23, 2019
Docket Number: 18-2110
United States v. Joseph Perkins
Date: September 23, 2019
Docket Number: 18-2680
Scott Seldin v. Theodore Seldin
Date: September 20, 2019
Docket Number: 18-3679
Ronnoco Coffee, LLC. v. Westfeldt Brothers, Inc.  
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...

Minter v. Bartruff  
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 proc...

United States v. Sunny Singh
Date: September 19, 2019
Docket Number: 18-2755
Rudy Enriquez-Martinez v. William P. Barr
Date: September 19, 2019
Docket Number: 18-2829
United States v. Marlin Thomas
Date: September 19, 2019
Docket Number: 18-3338
Joel Munt v. Paul Schnell
Date: September 19, 2019
Docket Number: 19-1297
United States v. Michael Jones
Date: September 18, 2019
Docket Number: 18-3372
Larry Stephens v. Jeremy Andrews
Date: September 17, 2019
Docket Number: 18-3380
United States v. David Morago
Date: September 17, 2019
Docket Number: 18-3635
Pirozzi v. Massage Envy Franchising  
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 discl...

United States v. Mast  
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 Nation...

United States v. Anthony Surajbally
Date: September 16, 2019
Docket Number: 19-1499
United States v. Todd Farver
Date: September 13, 2019
Docket Number: 19-1255
Billy Turner, Jr. v. Jay Cassady
Date: September 12, 2019
Docket Number: 16-3484
United States v. Vondale Kincaide
Date: September 12, 2019
Docket Number: 18-2171
United States v. Quintin Wright
Date: September 12, 2019
Docket Number: 18-2397
Jackson v. Stair  
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 Ei...

Anderson v. Kelley  
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 reasonablenes...

Van Orden v. Stringer  
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 pr...

United States v. Sesay  
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...

United States v. Momodu Babu Sesay
Date: September 11, 2019
Docket Number: 18-1979
Hamner v. Burls  
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 admi...

Southern Bakeries, LLC v. NLRB  
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 emplo...

Southern Bakeries, LLC v. NLRB
Date: September 11, 2019
Docket Number: 18-2568
Chyleina Herron v. E.W. Scripps Company
Date: September 11, 2019
Docket Number: 18-2847
United States v. George Stigler
Date: September 11, 2019
Docket Number: 18-2952
United States v. Momodu Babu Sesay
Date: September 11, 2019
Docket Number: 18-3046
Jimmy Heikkila v. Wendy Kelley
Date: September 11, 2019
Docket Number: 18-3271
Daniel Hurlbut v. Sheriff Tim Helder
Date: September 11, 2019
Docket Number: 19-1193
United States v. George Stigler
Date: September 11, 2019
Docket Number: 19-1504
Brooks v. Liberty Life Assurance Co. of Boston  
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 t...

United States v. Daevone Brown
Date: September 10, 2019
Docket Number: 18-3105
United States v. Peter Ihnken
Date: September 10, 2019
Docket Number: 18-3335
Dominga Miranda Lorenzo v. William P. Barr
Date: September 10, 2019
Docket Number: 18-3737
United States v. Block  
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 felon...

United States v. Julie Andrade
Date: September 9, 2019
Docket Number: 18-2748
United States v. Aliance Giles
Date: September 9, 2019
Docket Number: 18-2811
Mark Targowski v. Zachary Rawlins
Date: September 9, 2019
Docket Number: 18-2878
United States v. Marcos Gonzalez
Date: September 9, 2019
Docket Number: 19-1420
United States v. Bradley Turner
Date: September 9, 2019
Docket Number: 19-1824
Flandreau Santee Sioux Tribe v. Noem  
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...

Randy Rhinehart v. Andrew Saul
Date: September 6, 2019
Docket Number: 18-2746
Flandreau Santee Sioux Tribe v. Haeder  
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 Tribe'...

United States v. Calvin Bernhardt
Date: September 6, 2019
Docket Number: 19-1158
Robinson v. Hawkins  
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 c...

Pearson v. Logan University  
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 fell...

United States v. Clarence Burnett
Date: September 4, 2019
Docket Number: 18-3112
Doyle Smith v. CIR
Date: September 4, 2019
Docket Number: 18-3560
United States v. Charles Williams
Date: September 4, 2019
Docket Number: 19-1257
Renae Strain v. Safeco Ins. Co. of Illinois
Date: September 3, 2019
Docket Number: 18-1587
Rudley v. Bryant  
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 dist...

United States v. Rouse  
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 viol...

United States v. Lisa Lamb
Date: September 3, 2019
Docket Number: 18-2758
Engle v. Land O'Lakes, Inc.  
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...

United States v. Jose Lopez-Garcia
Date: September 3, 2019
Docket Number: 18-2843
Atwood v. Peterson  
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 manufacture...

Fleck v. Wetch  
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 capacities...

Miller v. Huron Regional Medical Center  
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....

Kampschroer v. Anoka County  
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 t...

United States v. Lowry  
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 st...

Gerson Hernandez-Rodriguez v. William P. Barr
Date: August 30, 2019
Docket Number: 18-3478
Unverzagt v. United States  
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 ju...

Inzunza Reyna v. Barr  
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 co...

Klingenberg v. Vulcan Ladder USA, LLC  
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 expre...

Henry Akins v. Southern Glazer's Wine
Date: August 29, 2019
Docket Number: 18-1957
Ridgell v. City of Pine Bluff  
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. Plai...

United States v. Dunlap  
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 dist...

United States v. Antonio Wills
Date: August 29, 2019
Docket Number: 19-1041
United States v. Leticia Caballero
Date: August 29, 2019
Docket Number: 19-1473
Webb v. Smith  
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...

Gary Hamell v. C.V. Rivera
Date: August 28, 2019
Docket Number: 18-3063
United States v. Dewberry  
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 po...

Todd McDonald v. Brett Carpenter
Date: August 27, 2019
Docket Number: 19-1306
United States v. Eduwijes Cervantes-Mendoza
Date: August 27, 2019
Docket Number: 19-1307
United States v. Ethan Turner
Date: August 26, 2019
Docket Number: 18-2156
McNeil v. Union Pacific Railroad Co.  
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 Disabil...

Chachanko v. United States  
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...

United States v. Arias  
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 claim...

Telescope Media Group v. Lucero  
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 en...

United States v. Valquier  
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, th...

Sepulveda-Rodriguez v. Metropolitan Life Insurance Co.  
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...

Silvia Sepulveda-Rodriguez v. Metropolitan Life Insurance Co
Date: August 23, 2019
Docket Number: 18-1761
Blackorby v. BNSF Railway Co.  
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...

United States v. Leron Morris
Date: August 22, 2019
Docket Number: 18-2825
United States v. James Butchee
Date: August 22, 2019
Docket Number: 18-3498
United States v. David Clark
Date: August 22, 2019
Docket Number: 19-1925
DeLuna v. Mower County  
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 toes...

United States v. Dones-Vargas  
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 informatio...

Raphael Mendez v. Bryan Meek
Date: August 21, 2019
Docket Number: 19-1376
Janvrin v. Continental Resources, Inc.  
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 co...

Anderson v. City of Minneapolis  
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 prematurel...

United States v. Gilliam  
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 pos...

United States v. Anguiano  
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....

Rawa v. Migliaccio  
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...

United States v. Don Elbert, II
Date: August 20, 2019
Docket Number: 18-3132
LaKeysia Wilson v. Arkansas Dept. of Human Svcs.
Date: August 20, 2019
Docket Number: 18-3139
United States v. Eric Hicks
Date: August 20, 2019
Docket Number: 18-3214
United States v. Keenan Lewis
Date: August 20, 2019
Docket Number: 18-3438
Kearney Regional Medical Center, LLC v. US Department of Health and Human Services  
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 participatin...

Meier v. St. Louis  
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 Eigh...

Beavers v. Arkansas Housing Authorities Property & Casualty Self-Insured Fund, Inc.  
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,...

Marilyn Louise Beavers v. Arkansas Housing Authorities
Date: August 19, 2019
Docket Number: 18-1874
Marilyn Louise Beavers v. Arkansas Housing Authorities
Date: August 19, 2019
Docket Number: 18-1932
Mwangi v. Barr  
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 non-frivol...

United States v. Clark  
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 enhancemen...

United States v. O'Laughlin  
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 42...

United States v. Jones  
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...

United States v. Jay Monson
Date: August 19, 2019
Docket Number: 18-3028
United States v. Spallek  
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...

United States v. Andrew Spallek
Date: August 19, 2019
Docket Number: 18-3114
Damien Ford v. Corrie Ferrell
Date: August 19, 2019
Docket Number: 18-3514
Brand v. National Union Fire Insurance Co.  
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 Nationa...

United States v. Turner  
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 distribu...

United States v. Williams  
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 dis...

United States v. Merritt  
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 fa...

United States v. Brendon Hole
Date: August 16, 2019
Docket Number: 18-3004
United States v. Russell Wolf
Date: August 16, 2019
Docket Number: 18-3624
Forrest v. United States  
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) f...

United States v. Valquier  
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 evid...

Mejia-Ramos v. Barr  
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 fail...

United States v. Felicianosoto  
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...

United States v. Ronald Borchert
Date: August 15, 2019
Docket Number: 18-2824
United States v. Roy House, Jr.
Date: August 15, 2019
Docket Number: 18-3508
United States v. Pope  
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 f...

Capiz-Fabian v. Barr  
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 ap...

United States v. Kira Fallis
Date: August 14, 2019
Docket Number: 18-1971
Dollar Loan Center of South Dakota, LLC v. Afdahl  
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 righ...

Dollar Loan Center of SD v. Bret Afdahl
Date: August 14, 2019
Docket Number: 18-2497
Damitrius Creighton v. United States
Date: August 14, 2019
Docket Number: 18-2616
United States v. Derrick Parker
Date: August 14, 2019
Docket Number: 18-2787
United States v. Shannon Paxton
Date: August 14, 2019
Docket Number: 18-2928
United States v. Shannon Paxton
Date: August 14, 2019
Docket Number: 18-2971
Murphy v. Engelhart  
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 Amen...

Monty G. Carroll, Jr. v. Rodenburg LLP
Date: August 14, 2019
Docket Number: 18-3667
United States v. Fidel Rios, Jr.
Date: August 14, 2019
Docket Number: 18-3697
Leonard Luna v. Walmart Transportation
Date: August 14, 2019
Docket Number: 18-3698
Zaitz Trust, LLC v. Bremer Bank, NA  
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 2...

United States v. Sims  
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 Co...

Kelsay v. Ernst  
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 t...

Raymond v. United States  
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 h...

Muhammad v. Mayfield  
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...

United States v. Romig  
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 abus...

Graham v. Klipsch  
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 de...

United States v. Joshua Berryhill
Date: August 13, 2019
Docket Number: 18-3055
United States v. Wakinyan McArthur
Date: August 12, 2019
Docket Number: 17-2300
RSUI Indemnity Co. v. New Horizon Kids Quest, Inc.  
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 cove...

N.S. v. Thompson  
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...

United States v. Hataway  
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 assa...

Sloan v. Saul  
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 plaintif...

United States v. Thompson  
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, b...

Adam and Eve Jonesboro, LLC v. Perrin  
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 frequ...

United States v. Blanca Rojo
Date: August 12, 2019
Docket Number: 18-3370
United States v. Gary Berry
Date: August 12, 2019
Docket Number: 18-3533
Ad Hoc Committee of Non-Consenting Creditors v. Peabody Energy Corp.  
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...

Newcombe v. United States  
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 emoti...

Landmark Infrastructure Holding Co. v. R.E.D. Investments, LLC  
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 rec...

United States v. Ruelas-Carbajal  
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 defenda...

United States v. Davidson  
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...

Beasley v. Warren Unilube, Inc.  
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 McD...

Deverick Scott v. James Gibson
Date: August 9, 2019
Docket Number: 18-3333
United States v. Yoandri Hernandez
Date: August 9, 2019
Docket Number: 18-3337
United States v. Roger Wadden
Date: August 9, 2019
Docket Number: 18-3340
James Banks v. Iowa Dept. of Human Services
Date: August 9, 2019
Docket Number: 18-3349
United States v. Kugmeh  
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 th...

United States v. Gammell  
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 firea...

United States v. Brian Newman
Date: August 8, 2019
Docket Number: 18-2434
United States v. John Gammell
Date: August 8, 2019
Docket Number: 18-2692
United States v. White Owl  
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...

Mogard v. City of Milbank  
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. T...

United States v. Michael Wilkinson
Date: August 8, 2019
Docket Number: 18-3496
United States v. Wesley Norris
Date: August 8, 2019
Docket Number: 18-3684
Kunkel v. CUSB Bank  
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 e...

Chase v. First Federal Bank of Kansas City  
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 w...

United States v. Paul  
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 co...

Childress v. Fox Associates, LLC  
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). Plaintiffs...

Maria Childress v. Fox Associates
Date: August 7, 2019
Docket Number: 18-2577
United States v. Simpson  
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 superv...

C.S. McCrossan Inc. v. Federal Insurance Co.  
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 unde...

Scott E. Crow v. Andrew Saul
Date: August 6, 2019
Docket Number: 18-2079
United States v. Davis  
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...

United States v. Kevin Conner
Date: August 6, 2019
Docket Number: 18-2458
United States v. Charles Wolfe
Date: August 6, 2019
Docket Number: 18-2535
United States v. Charles Wolfe
Date: August 6, 2019
Docket Number: 18-2536
United States v. Jeremy Strom
Date: August 6, 2019
Docket Number: 18-3473
Kodiak Oil & Gas (USA) Inc. v. Burr  
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...

Kodiak Oil & Gas (USA) Inc. v. Mary Seaworth
Date: August 5, 2019
Docket Number: 18-1856
United States v. Angela Ordonez
Date: August 5, 2019
Docket Number: 18-2015
United States v. Thomas  
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...

Sandknop v. O'Connell  
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 resul...

Sandhu v. Kanzler  
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 fidu...

United States v. Daniels  
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...

Ingram v. United States  
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 time-...

Association of Equipment Manufacturers v. Burgum  
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 t...

Jet Midwest International Co., Ltd. v. Jet Midwest Group, LLC  
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...

GEICO Casualty Co. v. Isaacson  
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 app...

United States v. Bonnell  
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 t...

United States v. Jack Phillips
Date: August 2, 2019
Docket Number: 18-2631
United States v. Mazzulla  
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 methamphet...

Ricky Holifield v. Tom Roy
Date: August 2, 2019
Docket Number: 18-3291
Brian Benson v. CIR
Date: August 2, 2019
Docket Number: 18-3526
Orduno v. Pietrzak  
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...

Samantha Orduno v. Richard Pietrzak
Date: August 1, 2019
Docket Number: 17-3486
K.W.P. v. Kansas City Public Schools  
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 cl...

United States v. Collier  
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 th...

Allstate Indemnity Co. v. Dixon  
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 conc...

Salazar v. Barr  
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 i...

United States v. Devonte Jenkins
Date: August 1, 2019
Docket Number: 18-2216
United States v. Alexander Oka
Date: August 1, 2019
Docket Number: 18-2315
Eric Johnson v. United States
Date: August 1, 2019
Docket Number: 18-2413
Wilson Salazar v. William P. Barr
Date: August 1, 2019
Docket Number: 18-2446
Michael Parkins v. Detective Alison Nguyen
Date: August 1, 2019
Docket Number: 18-3547
United States v. Duke  
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 U.S...

Mahler v. First Dakota Title Limited Partnership  
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 reta...

Brakebill v. Jaeger  
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 cour...

Dalton v. NPC International, Inc.  
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...

United States v. Clark  
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...

Farver v. McCarthy  
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 b...

United States v. Rodney Pittman
Date: July 31, 2019
Docket Number: 18-3048
United States v. Kevin DeHart
Date: July 31, 2019
Docket Number: 18-3536
United States v. Kocher  
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 f...

Heisler v. Nationwide Mutual Insurance Co.  
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...

United States v. Tam Holmes
Date: July 30, 2019
Docket Number: 18-1800
Lacey v. Norac, Inc.  
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...

Jinfeng Tian v. Barr  
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 hel...

United States v. Lynn Breckenridge, II
Date: July 30, 2019
Docket Number: 18-2736
United States v. Jonathan Alexander
Date: July 30, 2019
Docket Number: 18-3240
United States v. Garland Lightfoot
Date: July 30, 2019
Docket Number: 18-3501
Great American Alliance Insurance Co. v. Windermere Baptist Conference, Inc.  
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,...

Alexis Bailly Vineyard, Inc. v. Harrington  
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 requiremen...

Swink v. Saul  
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 plainti...

Borchardt v. State Farm Fire and Casualty Co.  
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 th...

Brian Burmaster v. American Psychiatric Assoc.
Date: July 29, 2019
Docket Number: 18-3062
United States v. Anibal Carbajal-Galvan
Date: July 29, 2019
Docket Number: 19-1109
Justice Network Inc. v. Craighead County  
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 Amnest...

Calzone v. Olson  
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 54,000-po...

United States v. Grady  
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...

Fulmer v. Fifth Third Equipment Finance Co.  
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 c...

United States v. Sheldon Tree Top  
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...

Dols v. Saul  
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 hi...

Marambo v. Barr  
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 rega...

Lewis v. Gardner  
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 qualifi...

United States v. Santos Martin-Diaz
Date: July 26, 2019
Docket Number: 18-2802
United States v. Jason Konvalinka
Date: July 26, 2019
Docket Number: 19-1710
United States v. Coonce  
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 consi...

Z. J. v. Kansas City Board of Police Commissioners  
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...

United States v. Hall  
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...

United States v. Robert Brown
Date: July 25, 2019
Docket Number: 17-3669
Lovelace v. Washington University School of Medicine  
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). Pl...

United States v. Chad Daniel Anderson
Date: July 25, 2019
Docket Number: 18-1922
United States v. Floyd  
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...

Advance Conveying Technologies v. Lemartec Corp.  
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 th...

Brown v. Kansas City Live, LLC  
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 clai...

Elroy Rogers v. U.S. Department of Agriculture
Date: July 25, 2019
Docket Number: 18-2845
Donald Burnett v. Christine Machtly
Date: July 25, 2019
Docket Number: 18-3030
Raynor v. Walker  
Date: July 25, 2019
Docket Number: 19-6010

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's orders dismissing debtor's adversary proceeding and denying his post-dismissal motion. The panel held that the bankruptcy court properly dismissed debtor's a...

N'Diaye v. Barr  
Date: July 24, 2019
Docket Number: 18-1135

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's conclusion that petitioner was ineligible for adjustment of status because he had previously provided material support to a terrori...

Higgins v. Union Pacific Railroad Co.  
Date: July 24, 2019
Docket Number: 18-1902

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Union Pacific in an action brought by plaintiff against the employer, alleging disparate treatment and failure to accommodate under the Ameri...

Jose Oliveira-Coutinho v. Scott Frakes
Date: July 24, 2019
Docket Number: 18-2213
United States v. Gerald Jones
Date: July 24, 2019
Docket Number: 18-3284
United States v. David Giannetto
Date: July 24, 2019
Docket Number: 18-3615
United States v. Betty Francois
Date: July 24, 2019
Docket Number: 18-3726
Thompson v. Dill  
Date: July 23, 2019
Docket Number: 17-3358

Justia Opinion Summary: Plaintiffs filed suit against a trooper, alleging that the trooper used excessive force when he shot and killed Gerry Thompson during a domestic disturbance response. The district court denied the trooper's motion for su...

United States v. Jennings  
Date: July 23, 2019
Docket Number: 17-3584

Justia Opinion Summary: The Eighth Circuit affirmed the district court's imposition of a no-contact restraining order after defendant failed to register as a sex offender under the Sex Offender Registry and Notification Act (SORNA). The court h...

Heuton v. Ford Motor Co.  
Date: July 23, 2019
Docket Number: 18-2130

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Ford on plaintiff's claims of disability discrimination and retaliation under the Missouri Human Rights Act (MHRA). Plaintiff, born without a...

Air Evac EMS, Inc. v. USAble Mutual Insurance Co.  
Date: July 23, 2019
Docket Number: 18-2264

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of Air Evac's claims in an action alleging that Arkansas Blue inadequately reimbursed Air Evac for ambulance services that Air Evac provided Arkansas Blue plan m...

Northport Health Services of Arkansas, LLC v. Posey  
Date: July 23, 2019
Docket Number: 18-2459

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment for Northport in a wrongful death action brought by plaintiff, Mark, as the representative of the estate of his deceased father. Another son, Mat...

James Turner, Jr. v. United States
Date: July 23, 2019
Docket Number: 18-2478
Perez v. John and Jane Does 1-10  
Date: July 23, 2019
Docket Number: 18-2524

Justia Opinion Summary: Plaintiffs, Hispanic residents of Hastings, filed suit alleging a variety of state and federal law claims against various city and county employees, the State of Nebraska, Adams County, and the City of Hastings. Plaintif...

United States v. Ricardo Gutierrez
Date: July 23, 2019
Docket Number: 18-2766
United States v. James Howley
Date: July 23, 2019
Docket Number: 18-3386
United States v. Berry  
Date: July 22, 2019
Docket Number: 18-1977

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of possession with intent to distribute a controlled substance. The court held that the district court did not clearly err by...

United States v. Harry  
Date: July 22, 2019
Docket Number: 18-2221

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence gathered incident to a police search of a truck defendant was driving. The court held that the officer had reasonable sus...

United States v. Arthur Senty-Haugen
Date: July 22, 2019
Docket Number: 18-2719
United States v. Derrill Watt
Date: July 22, 2019
Docket Number: 18-3232
United States v. Theodore Two Crow
Date: July 22, 2019
Docket Number: 18-3252
Owen v. United States  
Date: July 19, 2019
Docket Number: 17-3487

Justia Opinion Summary: The Eighth Circuit dismissed petitioner's 28 U.S.C. 2255 motion as moot, because his motion challenged only his term of imprisonment, which has now expired. In this case, petitioner did not dispute the term of supervised...

United States v. Eric Brown
Date: July 19, 2019
Docket Number: 18-2020
United States v. Moody  
Date: July 19, 2019
Docket Numbers: 18-2040, 18-2041

Justia Opinion Summary: The Eighth Circuit vacated defendant's sentence imposed after he pleaded guilty to having a prohibited object in prison on two separate occasions. The court held that the district court erred in concluding it lacked auth...

United States v. Kendrick Moody
Date: July 19, 2019
Docket Number: 18-2041
Lloyd Hamm, Jr. v. Charles Liggett
Date: July 19, 2019
Docket Number: 18-2386
Vasseur v. TEI Construction Services, Inc.  
Date: July 19, 2019
Docket Number: 18-2841

Justia Opinion Summary: The Eighth Circuit dismissed TEI's appeal of the district court's order remanding the case to state court based on lack of subject matter jurisdiction. The court dismissed the appeal for lack of appellate jurisdiction, b...

Rene D. Meyer v. Judge Patrick Schroeder
Date: July 19, 2019
Docket Number: 18-2898
Abel v. Queen  
Date: July 19, 2019
Docket Number: 18-6023

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order directing the entry of judgment in favor of defendants on plaintiffs' complaint to determine the dischargeability of their claims against defendants. I...

Smith v. United States  
Date: July 18, 2019
Docket Number: 17-3201

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2255 motion. The court held that there was no error in applying the concurrent sentence doctrine and the district court did not abuse its...

Cottrell v. American Family Mutual Insurance Co.  
Date: July 18, 2019
Docket Number: 17-3716

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment for American Family in an action brought by plaintiff seeking uninsured motorist coverage from American Family after he was involved in a car acc...

Swearingen v. Judd  
Date: July 18, 2019
Docket Number: 18-1126

Justia Opinion Summary: After police shot and killed a suspect, the administrators of the decedent's estate filed suit against the officer who fired the fatal shots, alleging that the officer violated the decedent's constitutional rights by usi...

Duffner v. City of St. Peters  
Date: July 18, 2019
Docket Number: 18-1966

Justia Opinion Summary: Plaintiff, along with her late husband, filed suit challenging a city ordinance that requires at least fifty percent of their residential yard to contain turf grass. The Eighth Circuit affirmed plaintiff's substantive du...

United States v. Richard Garcia
Date: July 18, 2019
Docket Number: 18-2125
United States v. Gutierrez-Ramirez  
Date: July 18, 2019
Docket Number: 18-2270

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for knowingly possessing with the intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine. The court held that th...

United States v. Jose Benitez
Date: July 18, 2019
Docket Number: 18-3047
Brannon Taylor v. United States
Date: July 17, 2019
Docket Number: 16-4192
United States v. Miquelle Miller
Date: July 17, 2019
Docket Number: 18-2141
Golan v. FreeEats.com, Inc.  
Date: July 16, 2019
Docket Number: 17-3156

Justia Opinion Summary: Plaintiffs filed suit against numerous parties, alleging violation of the Telephone Consumer Protection Act (TCPA). The Eighth Circuit revisited its prior holding in this case because of an intervening decision from the...

Adame-Hernandez v. Barr  
Date: July 16, 2019
Docket Number: 17-3668

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's conclusion that petitioner was ineligible for cancellation of removal because of a prior conviction for a crime involving moral tur...

Enterprise Financial Group Inc. v. Podhorn  
Date: July 16, 2019
Docket Number: 17-3767

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of CapDev's motion to cancel the lis pendens. The court held that the district court acted within its discretion in canceling the lis pendens as invalid under Missou...

Enterprise Financial Group Inc. v. Podhorn  
Date: July 16, 2019
Docket Number: 18-1591

Justia Opinion Summary: The absence of a judgment in the state court litigation does not mean that plaintiff lacks Article III standing to bring this suit. Enterprise filed suit against several defendants, alleging a claim under the Missouri Un...

United States v. Brown  
Date: July 16, 2019
Docket Number: 18-1673

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute 500 grams or more of methamphetamine, possession with intent to distribute methamphetamine, and involvement in a drug distribut...

Watso v. Lourey  
Date: July 16, 2019
Docket Number: 18-1723

Justia Opinion Summary: Plaintiff, individually and on behalf of her minor children and mother, filed suit against the Commissioner, the County, two tribal courts, and related tribal judges, contesting the tribal court's jurisdiction over the c...

Meza-Lopez v. United States  
Date: July 16, 2019
Docket Number: 18-1858

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2255 motion based on ineffective assistance of counsel. The court held the ineffective assistance of counsel claim regarding petitioner's...

United States v. Julian Cross
Date: July 16, 2019
Docket Number: 18-2077
United States v. Quentin Herndon
Date: July 16, 2019
Docket Number: 18-2212
United States v. Chauncey Regot
Date: July 16, 2019
Docket Number: 18-2313
United States v. Jamal Griffin
Date: July 16, 2019
Docket Number: 18-3352
United States v. Devonte Holston
Date: July 15, 2019
Docket Number: 17-2626
Haroun v. DHS  
Date: July 15, 2019
Docket Number: 17-3133

Justia Opinion Summary: A proceeding in the district court under 8 U.S.C. 1447(b) does not become moot when the USCIS purports to deny a naturalization application after the applicant has already initiated the court proceeding. In this case, af...

Shockley v. PrimeLending  
Date: July 15, 2019
Docket Number: 18-1235

Justia Opinion Summary: An arbitration agreement lacking a valid delegation clause leaves the remaining arbitration agreement, as a whole, open to review for validity. The Eighth Circuit affirmed the district court's denial of PrimeLending's mo...

Heather Hildreth v. City of Des Moines
Date: July 15, 2019
Docket Number: 18-1924
United States v. Kyle Dale Clark
Date: July 15, 2019
Docket Number: 18-1983
Ronnie Hankins v. Tonya Long
Date: July 15, 2019
Docket Number: 18-2753
United States v. Puckett  
Date: July 15, 2019
Docket Number: 18-3191

Justia Opinion Summary: The Eighth Circuit affirmed the district court's imposition of two special conditions of supervised release at sentencing after defendant pleaded guilty to knowingly failing to register as a sex offender. The court held...

United States v. Strubberg  
Date: July 12, 2019
Docket Number: 17-2087

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for attempting to entice a minor to engage in sexual activity. The court held that the evidence was sufficient to convict defendant because he took a substantial step to...

Dillard v. Hoyt  
Date: July 12, 2019
Docket Numbers: 17-3284, 17-3287

Justia Opinion Summary: Plaintiffs filed a 42 U.S.C. 1983 action against the City, the County, and officials, alleging violations of their constitutional right to privacy and of Arkansas tort law in connection with defendants' decisions to rele...

Jill Dillard v. Rick Hoyt
Date: July 12, 2019
Docket Number: 17-3287
Blair v. Terry  
Date: July 12, 2019
Docket Number: 18-1486

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the deputy warden, alleging that the deputy warden failed to protect him from harm by fellow inmates. The Eighth Circuit affirmed the district court's grant of the deputy...

Thomas Sander v. City of Dickinson
Date: July 12, 2019
Docket Number: 18-1560
United States v. Green  
Date: July 12, 2019
Docket Number: 18-1707

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress after he conditionally pleaded guilty to possession with intent to distribute 50 grams or more of methamphetamine. The court held...

Acuity v. Rex, LLC  
Date: July 12, 2019
Docket Number: 18-1735

Justia Opinion Summary: The Eighth Circuit affirmed the district court's orders requiring it to deposit $21 million in disputed insurance proceeds to maintain its federal statutory interpleader claim and dismissing Ronald Gean and the Estate of...

United States v. Bryan Abascal
Date: July 12, 2019
Docket Number: 18-2239
United States v. Justin Carroll
Date: July 12, 2019
Docket Number: 18-2950
United States v. Billy Griffin
Date: July 12, 2019
Docket Number: 18-3276
United States v. Petruk  
Date: July 11, 2019
Docket Numbers: 17-3823, 17-3824

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute methamphetamine and possession with intent to distribute 500 grams or more of methamphetamine. The court held that the affidavi...

United States v. Elfred William Petruk
Date: July 11, 2019
Docket Number: 17-3824
United States v. Osman  
Date: July 11, 2019
Docket Number: 18-1502

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he was convicted of conspiring to file false tax returns, aiding and assisting in the preparation of false tax returns, and failing to appear at a pretrial conferenc...

United States v. Garth  
Date: July 11, 2019
Docket Number: 18-1715

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to distributing less than 50 grams of methamphetamine. The court held that defendant's 200 month sentence did not come close to violating t...

United States v. Gregg Nicholas
Date: July 11, 2019
Docket Number: 18-1776
Oscar Stilley v. United States
Date: July 11, 2019
Docket Number: 18-2188
United States v. Vicente Diaz-Aburto
Date: July 11, 2019
Docket Number: 18-2599
United States v. Burney Peoples
Date: July 11, 2019
Docket Number: 18-3398
FCS Advisors, LLC v. Missouri  
Date: July 9, 2019
Docket Number: 17-3533

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of an action brought by an investor, alleging that Missouri fraudulently induced a loan between the investor and EngagePoint and illegally discriminated against...

United States v. Parker  
Date: July 9, 2019
Docket Number: 17-3732

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded to being a felon in possession of a firearm. The court held that defendant's prior Missouri conviction for second degree robbery constituted a cri...

United States v. Hamilton  
Date: July 9, 2019
Docket Number: 17-3794

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to distribute one kilogram or more of PCP and life term of imprisonment. The court held that the evidence was sufficient to show that defendant knew the p...

Oil & Gas Transfer LLC v. Karr  
Date: July 9, 2019
Docket Number: 18-1461

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of OGT in an action brought by the oil field construction company to quiet a pipeline title based on defendant's ineligibility to claim...

United States v. Ryan Payne
Date: July 9, 2019
Docket Number: 18-2132
United States v. Nation  
Date: July 9, 2019
Docket Number: 18-2296

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possession with intent to distribute methamphetamine, cocaine, and marijuana. The court held that the district court did not erroneously...

Oil & Gas Transfer LLC v. Karr  
Date: July 9, 2019
Docket Number: 18-2316

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of OGT's motion for attorney's fees in a quiet title action. The court held that North Dakota Century Code 35-24-19 does not provide for an award of attorney's fees...

SMC Holdings v. McCann  
Date: July 9, 2019
Docket Number: 19-6009

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's judgment determining that SMC's claim against debtor was nondischargeable. The panel held that the bankruptcy court's finding that SMC was the proper party h...

United States v. Kyle Boleyn  
Date: July 8, 2019
Docket Numbers: 17-3817, 18-1021, 18-2248, 18-2286, 18-2562

Justia Opinion Summary: A prior conviction under Iowa Code 124.401, which makes it unlawful to manufacture, deliver or possess with intent to manufacture or deliver, a controlled substance, qualifies as a predicate offense warranting sentence e...

United States v. Kyle Boleyn
Date: July 8, 2019
Docket Number: 18-1021
Wences Godinez v. Barr  
Date: July 8, 2019
Docket Number: 18-1060

Justia Opinion Summary: The Eighth Circuit denied the petition for review of the BIA's decision denying petitioner and her children and mother asylum and withholding of removal. The court held that substantial evidence supported the BIA's deter...

Midwest Disability Initiative v. JANS Enterprises, Inc.  
Date: July 8, 2019
Docket Number: 18-1086

Justia Opinion Summary: MDI, a Minnesota nonprofit organization, and one of its members filed suit under Title III of the Americans with Disabilities Act, seeking declaratory and injunctive relief. The Eighth Circuit affirmed the district court...

United States v. Jason Schumacher
Date: July 8, 2019
Docket Number: 18-2209
United States v. Kyle Boleyn
Date: July 8, 2019
Docket Number: 18-2248
St. Paul Park Refining Co., LLC v. NLRB  
Date: July 8, 2019
Docket Numbers: 18-2256, 18-2520

Justia Opinion Summary: The Eighth Circuit denied the company's petitions for review and enforced the Board's order determining that the company unlawfully suspended an employee for engaging in protected concerted activity in violation of the N...

United States v. Kyle Boleyn
Date: July 8, 2019
Docket Number: 18-2286
United States v. Cruze Anthony White
Date: July 8, 2019
Docket Number: 18-2337
St. Paul Park Refining Co, LLC v. NLRB
Date: July 8, 2019
Docket Number: 18-2520
United States v. Kyle Boleyn
Date: July 8, 2019
Docket Number: 18-2562
United States v. George Harris
Date: July 5, 2019
Docket Number: 17-3650
United States v. Flute  
Date: July 5, 2019
Docket Number: 17-3727

Justia Opinion Summary: The government charged defendant with one count of involuntary manslaughter committed within Indian Country after her newborn baby died due to combined drug toxicity. The district court dismissed the indictment on the gr...

At Xayasounethone v. William P. Barr
Date: July 5, 2019
Docket Number: 18-2252
United States v. Rogelio Lagunas-Chavez
Date: July 5, 2019
Docket Number: 18-2906
Christopher Bruce v. Polk County Attorney's Office
Date: July 5, 2019
Docket Number: 18-3038
Christopher Bruce v. Polk County Attorney's Office
Date: July 5, 2019
Docket Number: 18-3039
Maxim Kuklin v. Regents of the Univ. of MN
Date: July 5, 2019
Docket Number: 18-3147
Gonzalez v. Barr  
Date: July 5, 2019
Docket Number: 18-3280

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's denial of petitioner's motion to reopen in abstentia deportation proceedings from 1994. The court held that the BIA did not abuse its discretion in denying the...

Brown v. United States  
Date: July 3, 2019
Docket Number: 17-1420

Justia Opinion Summary: Petitioner moved to correct his sentence under 28 U.S.C. 2255(a), arguing that several Supreme Court decisions had cast doubt on whether his second degree burglary conviction qualified as a violent felony. Applying de no...

United States v. Saguto  
Date: July 3, 2019
Docket Number: 18-1276

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he conditionally pleaded guilty to escaping from prison and conspiracy to escape. The court held, after weighing all the relevant factors, that the time laps...

MBI Energy Services v. Hoch  
Date: July 3, 2019
Docket Number: 18-1539

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to MBI in an action brought by MBI seeking reimbursement of the benefits it paid to defendant under a self-funded employee benefit plan sponsored...

United States v. Jeremy Graham
Date: July 3, 2019
Docket Number: 18-1545
United States v. Brooke Beckley
Date: July 3, 2019
Docket Number: 18-1565
United States v. Yovanny Mendivil-Balderrama
Date: July 3, 2019
Docket Number: 18-1602
United States v. Zachary Fennell
Date: July 3, 2019
Docket Number: 18-1672
Partridge v. City of Benton  
Date: July 3, 2019
Docket Number: 18-1803

Justia Opinion Summary: After a police officer shot and killed 17 year old Keagan Schweikle, his parents and others filed suit against the officer, the Chief of Police, and the City under 42 U.S.C. 1983 and Arkansas law. The district court gran...

Oglesby v. Lesan  
Date: July 3, 2019
Docket Number: 18-1827

Justia Opinion Summary: The Eighth Circuit affirmed the district court's adverse grant of summary judgment on plaintiff's Fourth Amendment claims against law enforcement officers, Defendants Lesan and Hein, for unlawful seizure, unlawful arrest...

Johnson v. Leonard  
Date: July 3, 2019
Docket Number: 18-1833

Justia Opinion Summary: Plaintiff, a pretrial detainee, filed suit against defendants under 42 U.S.C. 1983, alleging that defendants deprived him of dental care in violation of the Eighth Amendment. In this case, plaintiff suffered from multipl...

David Nicholson v. Standard Insurance Company
Date: July 3, 2019
Docket Number: 18-1848
United States v. Anthony Donovan
Date: July 3, 2019
Docket Number: 18-2000
Twyford v. Commissioner  
Date: July 3, 2019
Docket Number: 18-2084

Justia Opinion Summary: The Eighth Circuit affirmed the denial of social security disability insurance benefits and supplemental security income (SSI) benefits to claimant. The court held that substantial evidence supported the ALJ's findings t...

United States v. Scott Benson
Date: July 3, 2019
Docket Number: 18-2189
United States v. Scott Benson
Date: July 3, 2019
Docket Number: 18-2195
United States v. Cervantes  
Date: July 3, 2019
Docket Number: 18-2218

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possession with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The...

United States v. Terry Tyson
Date: July 3, 2019
Docket Number: 18-2219
Tolin v. Commissioner  
Date: July 3, 2019
Docket Number: 18-2343

Justia Opinion Summary: The Eighth Circuit affirmed the grant of an attorney's fee award after taxpayer prevailed in a deficiency proceeding before the United States Tax Court. The tax court granted the award, but denied taxpayer's request for...

Kidd v. United States  
Date: July 3, 2019
Docket Number: 18-2465

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's motion to vacate his firearm conviction. The court held that defendant's underlying offense of armed robbery involving controlled substances categor...

United States v. Ayres  
Date: July 3, 2019
Docket Number: 18-2534

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possession of child pornography. The court affirmed and held that, whether it followed the line of authority that categorizes a district...

Nadin Khoury v. William P. Barr
Date: July 3, 2019
Docket Number: 18-2644
United States v. Williams  
Date: July 3, 2019
Docket Number: 18-2747

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after conditionally pleading guilty plea to being a felon in possession of a firearm. The court held that the officer's m...

Beverly Holmes-Diltz v. David Sosne
Date: July 3, 2019
Docket Number: 18-3219
United States v. Smith  
Date: July 3, 2019
Docket Number: 18-3221

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to passing counterfeit securities. The court held that the district court did not clearly err in determining the intended-loss calculation and in d...

United States v. William Andrews
Date: July 3, 2019
Docket Number: 18-3273
Edwards v. City of Ferguson  
Date: July 3, 2019
Docket Number: 18-6032

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's grant of the city's motion for summary judgment and denial of debtor's motion for summary judgment in an adversary proceeding alleging that the city violated...

United States v. Myers  
Date: July 2, 2019
Docket Number: 17-2415

Justia Opinion Summary: The Supreme Court vacated and remanded this case for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on March 21, 2019. The Eighth Circuit reaffi...

United States v. Petroske  
Date: July 2, 2019
Docket Number: 18-1572

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he was convicted of eight counts of production or attempted production of child pornography and one count of possession of child pornography. The court held that the...

United States v. Lorenzo Soto-Zazueta
Date: July 2, 2019
Docket Number: 18-3036
United States v. Deleon Walker
Date: July 2, 2019
Docket Number: 18-3427
Moore v. Thurston  
Date: July 1, 2019
Docket Number: 18-1382

Justia Opinion Summary: Plaintiff filed suit challenging Arkansas's ballot access requirements for independent candidates. The Secretary appealed the district court's grant of plaintiff's request for declaratory and injunctive relief. The Eight...

Lakes and Parks Alliance of Minneapolis v. The Metropolitan Council  
Date: July 1, 2019
Docket Numbers: 18-1686, 18-1765

Justia Opinion Summary: The Eighth Circuit reversed the district court's order granting summary judgment to the Metropolitan Council on LPA's claim that the Council violated the National Environmental Policy Act (NEPA) and other federal and sta...

United States v. Don Grady
Date: July 1, 2019
Docket Number: 18-1870
Roderick Colvin v. United States
Date: July 1, 2019
Docket Number: 18-2283
United States v. Manuel Fujarte
Date: July 1, 2019
Docket Number: 18-2332
United States v. Maria Carrillo-Varelas
Date: July 1, 2019
Docket Number: 18-3209
United States v. Stephen Morais
Date: July 1, 2019
Docket Number: 18-3686
United States v. Stephen Morais
Date: July 1, 2019
Docket Number: 18-3687
United States v. White  
Date: June 28, 2019
Docket Number: 17-3097

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence and denial of his motion to dismiss the indictment on equal protection grounds. The court held that the district court pr...

United States v. Belfrey  
Date: June 28, 2019
Docket Number: 18-1405

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of conspiracy to defraud the United States and one count of failure to truthfully account for and pay over withheld taxes. The...

United States v. Allen Martin
Date: June 28, 2019
Docket Number: 18-1928
United States v. Corey Frasher
Date: June 28, 2019
Docket Number: 18-3353
Thomas v. Eschen  
Date: June 27, 2019
Docket Number: 17-3385

Justia Opinion Summary: Plaintiff, an Iowa state prisoner, alleged that prison officials violated this Eighth and Fourteenth Amendment rights when they had him civilly committed and forcibly medicated. The Eighth Circuit affirmed the district c...

United States v. Smith  
Date: June 27, 2019
Docket Number: 17-3760

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that defendant's prior Arkansas conviction of aggravated robbery i...

Mendez-Gomez v. Barr  
Date: June 27, 2019
Docket Number: 18-2109

Justia Opinion Summary: The Eighth Circuit denied a petition for review of DHS's reinstatement of a prior order for petitioner's removal and the BIA's decision affirming the IJ's denial of his applications for withholding of removal and deferra...

Juan Torres-Perez v. William P. Barr
Date: June 27, 2019
Docket Number: 18-2250
Federated Mutual Insurance Co. v. FedNat Holding Co.  
Date: June 27, 2019
Docket Number: 18-2430

Justia Opinion Summary: FedNat, a Florida insurance company, appealed the district court's confirmation of an arbitration award in favor of Federal Mutual, a Minnesota insurance company. The Eighth Circuit vacated the district court's judgment...

United States v. Jovon Naylor
Date: June 27, 2019
Docket Number: 18-2530
Doe v. Dardanelle School District  
Date: June 27, 2019
Docket Number: 18-2816

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for the school district and partial denial of plaintiff's motion for leave to amend her complaint. Plaintiff filed suit alleging that the school...

United States v. Terrance Wright
Date: June 27, 2019
Docket Number: 18-2945
United States v. Lekedric Davis
Date: June 27, 2019
Docket Number: 18-2973
United States v. Nyah  
Date: June 26, 2019
Docket Number: 17-3730

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained from a search of his Facebook account. The court held that the affidavit established probable cause that defenda...

United States v. Donnale Clay
Date: June 26, 2019
Docket Number: 18-1772
United States v. Ramirez-Maldonado  
Date: June 26, 2019
Docket Numbers: 18-2068, 18-2088, 18-2090

Justia Opinion Summary: Defendants Llamas and Parra appealed their convictions for drug trafficking crimes. Parra and another codefendant, Ramirez, appealed their sentences. The Eighth Circuit affirmed the convictions, holding that the evidence...

Schmidt v. Newland & Associates PLLC  
Date: June 26, 2019
Docket Number: 18-2083

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiffs' claims for fraud and breach of fiduciary duty against defendants as barred by the applicable Arkansas statute of limitations. In this case, plaint...

United States v. Gregorio Ramirez-Maldonado
Date: June 26, 2019
Docket Number: 18-2088
United States v. Gregorio Ramirez-Maldonado
Date: June 26, 2019
Docket Number: 18-2090
United States v. Pryor  
Date: June 26, 2019
Docket Number: 18-2627

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 Missouri conviction for unlawful use of a weapon qualifi...

United States v. Mario Green
Date: June 26, 2019
Docket Number: 18-2629
United States v. Darrell Rosen
Date: June 26, 2019
Docket Number: 18-2664
United States v. Princton Sims
Date: June 26, 2019
Docket Number: 18-3266
United States v. Maria Preciado
Date: June 26, 2019
Docket Number: 18-3274
United States v. Dunn  
Date: June 25, 2019
Docket Number: 18-2393

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motions to suppress evidence and defendant's 57 month sentence. The court held that the district court properly denied the motion to suppress evidenc...

United States v. Tywin Bender  
Date: June 24, 2019
Docket Numbers: 17-3819, 17-3820

Justia Opinion Summary: The Eighth Circuit affirmed defendant's resentence after he was convicted of conspiring to retaliate against a federal witness. The court held that the district court did not err by applying an eight-level sentencing enh...

United States v. Tywin Bender
Date: June 24, 2019
Docket Number: 17-3820
Irma Routen v. Dexter Suggs
Date: June 24, 2019
Docket Number: 18-1289
United States v. Jorge Castro-Guerra
Date: June 24, 2019
Docket Number: 18-1751
United States v. Jose Valencia
Date: June 24, 2019
Docket Number: 18-2937
United States v. Angeles-Moctezuma  
Date: June 24, 2019
Docket Number: 18-3227

Justia Opinion Summary: When confronted with disputed fact issues, a district court may rely on relevant hearsay evidence and other evidence that is inadmissible under the rules of evidence so long as that evidence possesses sufficient indicia...

United States v. Darshan Featherman
Date: June 21, 2019
Docket Number: 18-1634
United States v. Don Thompson
Date: June 21, 2019
Docket Number: 18-1783
United States v. Pao Xiong
Date: June 21, 2019
Docket Number: 18-2414
Rivera-Guerrero v. Barr  
Date: June 20, 2019
Docket Number: 18-1234

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's order denying petitioner's motion to reopen. The court held that the district court did not abuse its discretion by denying the motion to reopen because petiti...

United States v. Oscar Hall, Jr.
Date: June 20, 2019
Docket Number: 18-1305
Barbara Carnnahan v. United States
Date: June 20, 2019
Docket Number: 18-2029
Lane v. Boyd  
Date: June 20, 2019
Docket Numbers: 18-2194, 18-2426

Justia Opinion Summary: Plaintiff, an Arkansas state prisoner, filed a 42 U.S.C. 1983 suit against his former parole officer and another police officer, alleging violations of his Fourth Amendment right to be free from unreasonable searches and...

Barbee v. Big River Steel LLC  
Date: June 20, 2019
Docket Number: 18-2255

Justia Opinion Summary: Any authority for judicial approval of Fair Labor Standards Act settlements in 29 U.S.C. 216 does not extend to review of settled attorney fees. Plaintiff appealed the district court's order modifying the attorney fees i...

United States v. Linda Pippen
Date: June 20, 2019
Docket Number: 18-2466
United States v. Diaz-Ortiz  
Date: June 20, 2019
Docket Number: 18-2948

Justia Opinion Summary: Applying plain error review, the Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence, holding that the officers' alleged violation of the knock-and-announce rule had nothing to...

Dwayne Garrett v. Mary Fallon
Date: June 20, 2019
Docket Number: 18-3267
United States v. Perrin  
Date: June 19, 2019
Docket Number: 18-1503

Justia Opinion Summary: The Eighth Circuit affirmed defendant's special condition of supervised release imposed after he pleaded guilty to production of child pornography and to commission of a felony offense involving a minor. The court held t...

Mike Strong v. Caliber Home Loans, Inc.
Date: June 19, 2019
Docket Number: 18-2661
United States v. Joshua Bowers
Date: June 18, 2019
Docket Number: 18-3632
Johnson v. City of Ferguson  
Date: June 17, 2019
Docket Number: 16-1697

Justia Opinion Summary: The Eighth Circuit granted defendants' petition for rehearing en banc and vacated the previous opinion. The court reversed the district court's ruling that plaintiff had alleged sufficient claims to state 42 U.S.C. 1983...

Andrew Schlafly v. Eagle Forum
Date: June 17, 2019
Docket Number: 17-3268
United States v. Cloud  
Date: June 17, 2019
Docket Number: 18-1170

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to sexual abuse of a minor. Because defendant did not object to the fact of the tribal convictions or of any tribal arrests, or to the fact...

Andrew Schlafly v. Eagle Forum
Date: June 17, 2019
Docket Number: 18-1620
United States v. Lorenzo Burns
Date: June 17, 2019
Docket Number: 18-1679
Schwandt v. Berryhill  
Date: June 14, 2019
Docket Number: 17-3406

Justia Opinion Summary: The Eighth Circuit affirmed the denial of disability insurance benefits to claimant. The court held that the agency was justified in reopening claimant's case based on new and material information; there was no due proce...

National Union Fire Insurance Co. of Pittsburgh v. Federal Insurance Co.  
Date: June 14, 2019
Docket Number: 18-1063

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in an insurance coverage dispute over the allocation of a $6 million settlement in an underlying product liability action. The court held that the district court...

Despain v. Berryhill  
Date: June 14, 2019
Docket Number: 18-1927

Justia Opinion Summary: The Eighth Circuit affirmed the denial of social security disability benefits to claimant, holding that the denial of benefits was supported by substantial evidence. The court held that the ALJ did not err in determining...

United States v. Bryan Burnett
Date: June 14, 2019
Docket Number: 18-1989
United States v. Wayne Jones, II
Date: June 14, 2019
Docket Number: 18-2038
Soueidan v. St. Louis University  
Date: June 14, 2019
Docket Number: 18-2124

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiff's Missouri state-law claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraudulent misrepresentation...

United States v. Gustus  
Date: June 14, 2019
Docket Number: 18-2303

Justia Opinion Summary: Defendant appealed his conviction for assaulting a United States Postal Service employee in violation of 18 U.S.C. 111(a)(1). The Eighth Circuit held that the district court did not err by preventing defendant from prese...

United States v. Chad Hall
Date: June 14, 2019
Docket Number: 18-2367
Federal Trade Commission v. Sanford Health  
Date: June 13, 2019
Docket Number: 17-3783

Justia Opinion Summary: The FTC and the State of North Dakota moved to enjoin Sanford Bismarck's acquisition of Mid Dakota, alleging that the merger violated section 7 of the Clayton Act. The district court determined that plaintiffs would like...

United States v. Brandon Devos
Date: June 13, 2019
Docket Number: 18-1216
United States v. Brandon Devos
Date: June 13, 2019
Docket Number: 18-1217
United States v. Williams  
Date: June 13, 2019
Docket Numbers: 18-1273, 18-1274

Justia Opinion Summary: The Eighth Circuit affirmed Defendants Williams and Jefferson's sentences imposed after they each pleaded guilty to possessing a firearm after being convicted of a felony. The court held that Williams' prior Minnesota co...

United States v. Trudale Raymond Williams
Date: June 13, 2019
Docket Number: 18-1274
Clark v. Clark  
Date: June 13, 2019
Docket Number: 18-1324

Justia Opinion Summary: Plaintiff filed suit against a police deputy, alleging that the deputy violated plaintiff's rights under the First Amendment, Fourth Amendment, and the Equal Protection Clause of the Fourteenth Amendment. The Eighth Circ...

United States v. Guzman  
Date: June 13, 2019
Docket Numbers: 18-1506, 18-2202

Justia Opinion Summary: The Eighth Circuit affirmed Defendants Guzman and Morales' conviction for drug-related offenses. The court affirmed the district court's denial of defendants' motion to suppress evidence obtained from the stop of a miniv...

Charleston v. McCarthy  
Date: June 13, 2019
Docket Number: 18-1965

Justia Opinion Summary: Plaintiff filed suit against the sheriff and several other county employees, alleging various claims related to the treatment plaintiff asserted he suffered as a result of his political beliefs and associations. The Eigh...

Jordan Kushner v. Troy Buhta
Date: June 13, 2019
Docket Number: 18-2099