2019 Eighth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1255
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…
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…
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…
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…
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…
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…
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…
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,…
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.…
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…
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…
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…
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…
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,…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: June 12, 2019
Docket Numbers: 17-3207, 17-3208, 17-3209, 17-3210, 17-3212, 17-3213
Justia Opinion Summary: The Constitution does not imply a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), if a federal law-enforcement officer lies, manipulates witnesses, and…
Date: June 12, 2019
Docket Number: 17-3298
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in favor of the school district in an action originally alleging that plaintiff's daughter, a young student with autism and significant intellectual deficits, was…
Date: June 12, 2019
Docket Number: 18-1172
Justia Opinion Summary: The Eighth Circuit reversed a commitment order under 18 U.S.C. 4246, which authorizes commitment proceedings for prisoners whose sentences are about to expire. In this case, due to an error in calculating defendant's…
Date: June 12, 2019
Docket Number: 18-1640
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to making a false statement to the firearms dealer. The court held that the district court's explanation of why it varied significantly upward,…
Date: June 12, 2019
Docket Number: 18-1796
Justia Opinion Summary: Defendant was found guilty by a jury of two drug crimes. The Eighth Circuit affirmed the district court's refusal to exclude testimony of a police detective regarding the value of the methamphetamine. The court assumed…
Date: June 11, 2019
Docket Number: 18-1040
Justia Opinion Summary: Plaintiff filed suit against defendants, alleging that they violated her son's constitutional rights when two officers used deadly force against him. The Eighth Circuit affirmed the district court's grant of summary…
Date: June 10, 2019
Docket Number: 18-1420
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 defendant's prior conviction for…
Date: June 7, 2019
Docket Number: 17-1760
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's motion to vacate his sentence, holding that his prior Minnesota conviction for simple robbery is a violent felony under the force clause of the…
Date: June 7, 2019
Docket Number: 18-1984
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's motion to vacate his sentence under 28 U.S.C. 2255, holding that his prior conviction for Indiana burglary was a violent felony under the Armed…
Date: June 6, 2019
Docket Number: 18-1070
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to distribute and possess with intent to distribute a controlled substance, possession with intent to distribute a controlled substance, and possession of…
Date: June 4, 2019
Docket Number: 18-1327
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm. The Eighth Circuit dismissed defendant's appeal, holding that defendant's attempt to contest a sentencing enhancement…
Date: June 4, 2019
Docket Number: 18-1626
Justia Opinion Summary: Plaintiff, a former employee of Semi, filed a derivative lawsuit on behalf of a defined-contribution retirement savings plan and, in the alternative, as a putative class action on behalf of plan participants, claiming…
Date: June 4, 2019
Docket Number: 18-2550
Justia Opinion Summary: Defendant moved to vacate his convictions under 28 U.S.C. 2255, arguing that they were unconstitutional in light of Johnson v. United States, 135 S. Ct. 2551 (2015). The Eighth Circuit affirmed the district court's…
Date: June 3, 2019
Docket Number: 17-3419
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of summary judgment based on qualified immunity to a state trooper, in an action brought by plaintiff alleging claims of First Amendment retaliation and Fourth…
Date: June 3, 2019
Docket Number: 18-2061
Justia Opinion Summary: Plaintiff filed suit against defendants under 42 U.S.C. 1983, alleging claims of excessive force, as well as failure to train and supervise. The Eighth Circuit affirmed the district court's grant of summary judgment to…
Date: May 31, 2019
Docket Number: 17-2516
Justia Opinion Summary: The Board sought enforcement of it its order finding that Anderson violated section 8(a)(5) and (1) of the National Labor Relations Act (NLRA), by failing to make contractually mandated contributions to the CLT&E Funds…
Date: May 31, 2019
Docket Number: 17-3456
Justia Opinion Summary: Farmers brought an interlocutory appeal of the district court's rulings interpreting an arbitration agreement in an employment contract. The Eighth Circuit dismissed the appeal based on lack of jurisdiction, holding that…
Date: May 31, 2019
Docket Number: 17-3743
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for murder in furtherance of a drug trafficking conspiracy and other related charges. The court held that the district court did not err by admitting evidence of…
Date: May 31, 2019
Docket Number: 18-1648
Justia Opinion Summary: A group of customers filed suit against SuperValu after hackers accessed customer financial information from hundreds of grocery stores operated by defendant. The Eighth Circuit previously affirmed the dismissal of all…
Date: May 30, 2019
Docket Number: 18-1477
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for possession with intent to distribute cocaine and marijuana, possession of a firearm in relation to a drug trafficking crime, and being a felon in…
Date: May 29, 2019
Docket Number: 18-2228
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for being an accessory to a second degree murder. The court declined to consider defendant's ineffective assistance of counsel claim on direct appeal where…
Date: May 24, 2019
Docket Number: 17-3448
Justia Opinion Summary: After Jeffrey Odom died in a motor vehicle accident driving a pick-up truck owned by his employer and insured by Berkley, Odom's widow filed a claim with Berkley for underinsured motorist (UIM) benefits. Berkeley then…
Date: May 24, 2019
Docket Number: 17-3615
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for possession of more than 500 grams of methamphetamine. The court held that the evidence was sufficient to convict defendant where a reasonable jury could conclude,…
Date: May 24, 2019
Docket Number: 18-1393
Justia Opinion Summary: The Eighth Circuit agreed with American Family that the district court erred in holding that the matching exclusion did not apply to the insureds' policy. Reviewing the district court's interpretation of the insurance…
Date: May 23, 2019
Docket Number: 18-1256
Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of defendant's supervised release and sentence of 10 months in prison after he admitted to violating conditions of his supervised release. The court held that…
Date: May 23, 2019
Docket Numbers: 18-1594, 18-1596
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 and conspiracy to possess a firearm in furtherance of a drug…
Date: May 22, 2019
Docket Numbers: 17-2115, 17-3761
Justia Opinion Summary: This consolidated appeal stemmed from the trusts' motion for a temporary restraining order and preliminary injunction enjoining the use of Phyllis Schafly's intellectual property. The Eighth Circuit affirmed the denial…
Date: May 20, 2019
Docket Number: 18-1187
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 the district court did not clearly err by imposing a four-level sentencing…
Date: May 20, 2019
Docket Number: 18-1753
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of plaintiff's motion to preliminarily enjoin enforcement of Bel-Nor's Ordinance 983, which restricts the number of signs displayed on private property. The court…
Date: May 17, 2019
Docket Number: 18-1526
Justia Opinion Summary: The Eighth Circuit joined the BIA and a unanimous chorus of other circuits that have considered and rejected the argument that a notice to appear that, like petitioner's, does not contain the time and place of removal…
Date: May 16, 2019
Docket Number: 15-3849
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of habeas relief under 28 U.S.C. 2254 to petitioner, who was convicted of four counts of capital murder and sentenced to death on each count. The court held that…
Date: May 16, 2019
Docket Number: 18-1122
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's post-trial motion for judgment of acquittal or new trial and sentence of three months in prison for harboring or concealing a person from arrest. The…
Date: May 16, 2019
Docket Number: 18-2618
Date: May 16, 2019
Docket Number: 18-2643
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to St. Luke's in an action brought by plaintiff, alleging that the hospital interfered with her rights under the Family and Medical Leave Act…
Date: May 14, 2019
Docket Number: 18-2327
Justia Opinion Summary: After a fire seriously damaged the insureds' home, the insurer paid for their total property damage and then brought a diversity action against Entergy, alleging that the utility's equipment caused the fire. The insurer…
Date: May 13, 2019
Docket Number: 18-2295
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for possession with intent to distribute cocaine and cocaine base, and being a felon in possession of a firearm. The court held that probable cause supported the…
Date: May 10, 2019
Docket Number: 17-3589
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to the receipt, possession, and attempted distribution of child pornography. The court held that the district court did not procedurally…
Date: May 9, 2019
Docket Number: 18-1032
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for Hobbs Act robbery, brandishing a firearm during and in relation to a crime of violence, and unlawful possession of a firearm as a previously convicted felon. The…
Date: May 8, 2019
Docket Number: 17-3388
Justia Opinion Summary: The Eighth Circuit dismissed police officers' interlocutory appeal of the district court's order denying summary judgment based on qualified immunity in a 42 U.S.C. 1983 action brought by plaintiff, alleging violation of…
Date: May 7, 2019
Docket Numbers: 17-2341, 17-2850
Justia Opinion Summary: Defendants House and Van Pelt appealed their sentences imposed after pleading guilty to numerous counts related to their participation in a large scale methamphetamine distribution scheme. The Eighth Circuit affirmed…
Date: May 6, 2019
Docket Number: 17-3467
Justia Opinion Summary: FTN filed suit against the City, alleging that its indecent exposure ordinance violates the Fourteenth Amendment's Equal Protection Clause. The Eighth Circuit affirmed the district court's grant of summary judgment to…
Date: May 3, 2019
Docket Number: 18-1370
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 alleging that five Iowa State Penitentiary (ISP) employees were deliberately indifferent to plaintiff's serious medical needs. While plaintiff was serving a life sentence at ISP,…
Date: May 3, 2019
Docket Number: 18-2035
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for LM General in an uninsured motorists (UM) coverage dispute. The district court concluded that there was no UM coverage because any liability…
Date: April 30, 2019
Docket Number: 18-1654
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of judgment on the pleadings to the city in an action brought by landlord after the city revoked his rental-dwelling license. The court held that Ellis v. City of…
Date: April 29, 2019
Docket Number: 17-2214
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of a successive motion to vacate movant's sentence under 28 U.S.C. 2255. The court held that movant's prior convictions for Missouri second-degree assault…
Date: April 29, 2019
Docket Number: 17-2792
Justia Opinion Summary: Restaurant Recycling filed suit against Employer Mutual, seeking a declaratory judgment that the insurer had a duty to defend and indemnify Restaurant Recycling. Restaurant Recycling was seeking a declaratory judgment…
Date: April 29, 2019
Docket Number: 17-3774
Justia Opinion Summary: Plaintiff, who uses a wheelchair, filed suit against a restaurant owner and the owner of real property where the restaurant is located, alleging violations of the Americans with Disabilities Act (ADA). The district court…
Date: April 23, 2019
Docket Numbers: 17-2378, 17-2607, 17-2610, 17-3443
Justia Opinion Summary: Four groups of prospective intervenors challenged the district court's denials of their motions to intervene in a class action lawsuit by named plaintiff Connie Jean Smith against SEECO, as well as the district court's…
Date: April 22, 2019
Docket Number: 18-2776
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of Credico's motion to dismiss a complaint alleging that the content of a debt collection letter violated the Fair Debt Collection Practices Act (FDCPA). The court…
Date: April 18, 2019
Docket Number: 18-1584
Justia Opinion Summary: The Eighth Circuit reversed the district court's order vacating an arbitration award originally in favor of the union. The court held that the arbitration award drew its essence from the collective bargaining agreement.…
Date: April 18, 2019
Docket Number: 18-2298
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to distribution of methamphetamine. The court held that the district court did not err in determining that defendant's prior conviction for…
Date: April 16, 2019
Docket Number: 17-3472
Justia Opinion Summary: After plaintiff filed suit against defendant for injuries arising out of a car accident, he attempted to serve defendant by having a local sheriff's deputy leave a copy of the summons and complaint with defendant's…
Date: April 16, 2019
Docket Number: 18-1852
Justia Opinion Summary: The Eighth Circuit affirmed defendant's motion to suppress evidence after he pleaded guilty to possessing equipment having reasonable cause to believe it would be used to manufacture a controlled substance. The court…
Date: April 16, 2019
Docket Number: 19-1244
Justia Opinion Summary: Petitioner, who has been held in custody under 8 U.S.C. 1226(a) since May 2017 while he litigates the issue of whether he is a removable alien, petitioned for a writ of habeas corpus. The Eighth Circuit reversed the…
Date: April 15, 2019
Docket Number: 18-1245
Justia Opinion Summary: A passport card is "a United States passport" under USSG 2L2.1(b)(5)(A). The Eighth Circuit affirmed defendant's sentence for charges related to the unlawful acquisition and sale of identity documents. The court applied…
Date: April 15, 2019
Docket Number: 18-1515
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in knowing possession of firearms and ammunition. The court held that the district court did not clearly err by imposing a…
Date: April 15, 2019
Docket Number: 18-2726
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to five counts of distribution of a controlled substance. The court held that the district court did not err by departing upward due to…
Date: April 12, 2019
Docket Number: 17-3724
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial, on remand, of Qwest's unjust enrichment claim against FC. The court held that the district court did not abuse its discretion by concluding that it would not be…
Date: April 12, 2019
Docket Number: 18-1455
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment against a subcontractor's surety (Fidelity), and in favor of the general contractor's surety (Liberty) for the full amount of Fidelity's performance bond. The…
Date: April 11, 2019
Docket Number: 17-3462
Justia Opinion Summary: The Eighth Circuit affirmed the district court's finding, on remand, that Dico and Titan violated the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The court held that the clear…
Date: April 11, 2019
Docket Number: 17-3652
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of petitioner's motion to vacate his conviction under 28 U.S.C. 2255, based on the ineffective assistance of counsel under Strickland v. Washington. Taking…
Date: April 11, 2019
Docket Numbers: 17-3675, 18-1154
Justia Opinion Summary: This appeal stemmed from a dispute over a business deal between Management Registry, a large Kentucky staffing company, and a smaller staffing company it acquired under the brand "AllStaff." Some of the participants then…
Date: April 11, 2019
Docket Number: 17-3729
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to distribution of heroin to a person under the age of twenty-one. The court held that the district court did not abuse its discretion by…
Date: April 11, 2019
Docket Number: 17-3827
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of defendants' motion to dismiss the amended complaint in an action brought by plaintiff and his wife after plaintiff refused to allow Menards home supply store…
Date: April 11, 2019
Docket Number: 18-1008
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of four counts of sexual abuse involving three young female relatives. The court held that the district court did not err in allowing the government to play video…
Date: April 11, 2019
Docket Number: 18-2093
Justia Opinion Summary: Plaintiff, on behalf of his minor sons and a class of current and former students of the school district who were videotaped in the nude by Defendant Hansen, filed suit under 42 U.S.C. 1983 against several district…
Date: April 10, 2019
Docket Number: 17-1322
Justia Opinion Summary: The Eighth Circuit reversed the district court's order vacating an arbitration award reinstating a union member to his former position without back pay after he was discharged by the company. The court held that the…
Date: April 10, 2019
Docket Number: 18-1516
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence and sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that police…
Date: April 9, 2019
Docket Number: 17-3349
Justia Opinion Summary: Plaintiff filed suit against her former employer, alleging violations of the Minnesota Human Rights Act (MHRA) and the Family Medical Leave Act (FMLA). The Eighth Circuit affirmed the district court's dismissal of…
Date: April 9, 2019
Docket Number: 18-1662
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence found in a bag defendant had been carrying. Defendant had pleaded guilty to possession of a firearm and ammunition by a…
Date: April 9, 2019
Docket Number: 18-2138
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiff's claims challenging the city's ordinance based on lack of standing. The challenged ordinance made it unlawful for any person to own, possess, keep,…
Date: April 5, 2019
Docket Number: 17-2847
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of petitioner's 28 U.S.C. 2255 petition based on Johnson v. United States, 135 S. Ct. 2551 (2015). The court held that petitioner has shown by a preponderance of…
Date: April 4, 2019
Docket Number: 17-3447
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment holding that defendant was liable for amounts owed in a consent judgment stemming from loan defaults. Defendant had signed a general guaranty for a company that…
Date: April 4, 2019
Docket Number: 18-1075
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Iowa Parts in a trademark secrets and intellectual property action brought by CMI. The court held that CMI could not establish its burden of…
Date: April 4, 2019
Docket Number: 18-1381
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for possession of firearms in furtherance of a drug trafficking crime (count 5) and possession with the intent to distribute methamphetamine (count 7). The court…
Date: April 3, 2019
Docket Numbers: 17-2044, 18-1198
Justia Opinion Summary: The Eighth Circuit granted a petition for review of the BIA's order denying petitioner's motion to administratively close or remand to the IJ, and denying petitioner's motion to reopen and reconsider the first denial.…
Date: April 3, 2019
Docket Number: 17-3378
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of habeas relief to petitioner based on double jeopardy grounds. Before petitioner was tried and convicted in state court, a jury had been impaneled in the…
Date: April 3, 2019
Docket Number: 18-1279
Justia Opinion Summary: The Eighth Circuit vacated defendant's sentence imposed after he pleaded guilty to one count of possession of child pornography involving a prepubescent minor. The government agreed that defendant's criminal-history…
Date: April 1, 2019
Docket Number: 18-2197
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to receiving visual depictions of minors engaging in sexually explicit conduct. The court held that the government did not breach the plea…
Date: March 29, 2019
Docket Number: 17-1002
Justia Opinion Summary: On rehearing en banc, the Eighth Circuit reversed the district court's denial of summary judgment to defendant in a 42 U.S.C. 1983 action brought by plaintiff, alleging that defendant, plaintiff's boss, retaliated…
Date: March 29, 2019
Docket Number: 17-2067
Justia Opinion Summary: The state appealed the district court's grant of habeas relief to petitioner, who was convicted of first degree murder, first degree robbery, and two counts of armed criminal action. The Eighth Circuit held that the…
Date: March 29, 2019
Docket Numbers: 17-2753, 17-2754, 17-2755
Justia Opinion Summary: The Eighth Circuit affirmed defendants' convictions and sentences for conspiracy and drug related crimes. The court held that the district court did not constructively amend the indictment when it allowed evidence of…
Date: March 29, 2019
Docket Numbers: 17-3399, 17-3762
Justia Opinion Summary: Defendants Waits and Mills appealed their convictions and sentences for wire fraud related to their involvement with government feeding programs to children in low income areas. The Eighth Circuit affirmed defendants'…
Date: March 29, 2019
Docket Number: 17-3572
Justia Opinion Summary: After debtor sought Chapter 7 discharge, the trustee requested and received an extension to file a complaint objecting to the discharge after the trustee became aware of debtor's ties to business entities that were under…
Date: March 29, 2019
Docket Number: 17-3780
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The Eighth Circuit held…
Date: March 28, 2019
Docket Number: 17-2647
Justia Opinion Summary: The Eighth Circuit denied Wal-Mart's petition for review of OSHA's citation for two purported violations of the Occupational Safety and Health Act's regulation relating to bloodborne pathogens. OSHA alleged that Wal-Mart…
Date: March 27, 2019
Docket Number: 17-2944
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of interference with commerce by threat or violence (Hobbs Act robbery), and possession of a firearm in furtherance of a crime of violence. The court held that the…
Date: March 25, 2019
Docket Number: 17-2279
Justia Opinion Summary: Plaintiff filed suit against several parties, alleging violations of her parental rights over one of her minor children, E.J.K., under the Due Process Clause of the Fourteenth Amendment. E.J.K. obtained a letter from…
Date: March 25, 2019
Docket Number: 18-1016
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence as a career offender after he pleaded guilty to one count of possession of methamphetamine with intent to distribute. The court held that defendant's prior Louisiana drug…
Date: March 25, 2019
Docket Number: 18-2234
Justia Opinion Summary: The Eighth Circuit affirmed an adverse order by the FAA's Office of Dispute Resolution for Acquisition (ODRA) regarding property Southern leased to the Administration. Southern subsequently sold the property and…
Date: March 22, 2019
Docket Number: 17-2111
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiff's action challenging the denial of his application for disability insurance benefits. The court held that plaintiff was not entitled to equitable…
Date: March 22, 2019
Docket Number: 17-2492
Justia Opinion Summary: Plaintiff filed suit alleging that CenturyLink and CenturyLink's operations director terminated him in retaliation for a prior Fair Labor Standards Act suit he had participated in. The Eighth Circuit affirmed the…
Date: March 22, 2019
Docket Number: 17-2567
Justia Opinion Summary: After plaintiff was injured while working at a surface gravel mine, he filed suit under the Federal Tort Claims Act (FTCA), arguing that his injuries were caused at least in part by a federal mine inspector's inadequate…
Date: March 22, 2019
Docket Number: 18-1439
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment against plaintiff's 42 U.S.C. 1981 race discrimination claim. The court held that the employer articulated a legitimate, non-discriminatory basis…
Date: March 22, 2019
Docket Number: 18-2183
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for four counts of aggravated sexual abuse of a child and two counts of abusive sexual conduct of a child in Indian country. The court held that the…
Date: March 21, 2019
Docket Numbers: 18-1006, 18-1294
Justia Opinion Summary: Former employees of Honeywell, who retired before age 65 during the terms of Honeywell's 2007 and 2010 collective bargaining agreements (CBAs), filed a class action alleging that Honeywell's announced plan to terminate…
Date: March 21, 2019
Docket Number: 18-1080
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).…
Date: March 21, 2019
Docket Number: 18-1298
Justia Opinion Summary: After Mako acquired a historic building with intentions to restore it using state and federal historic tax credits, it retained the law firm of Winthrop & Weinstine to draft the tax credit bond. CRBT then retained…
Date: March 21, 2019
Docket Number: 18-1676
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for possession of a firearm by a prohibited person and possession of an unregistered firearm. The court held that defendant's failure to file a timely pretrial motion…
Date: March 21, 2019
Docket Number: 18-2053
Justia Opinion Summary: Plaintiff filed suit against defendant, alleging that defendant was grossly negligent and that this negligence caused plaintiff substantial harm. Both parties were electrical linesman. Plaintiff was injured at a worksite…
Date: March 21, 2019
Docket Number: 18-2143
Justia Opinion Summary: The owner of a lawful bridge may be found comparatively negligent for an allision even absent an affirmative legal duty to alter the bridge's configuration. DM&E filed suit against Ingram for damages stemming from a…
Date: March 20, 2019
Docket Number: 17-2979
Justia Opinion Summary: After defendant appealed his conviction and sentences for several offenses, the Eighth Circuit vacated defendant's sentence in the first appeal. On remand, the district court sentenced defendant to 380 months in prison.…
Date: March 20, 2019
Docket Number: 17-3314
Justia Opinion Summary: The Eighth Circuit reversed the district court's order reducing defendant's term of imprisonment in light of Amendment 782 of the Sentencing Guidelines. The court held that the district court impermissibly reduced…
Date: March 18, 2019
Docket Number: 18-1416
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 three prior felony convictions under Arkansas Code 5-64-401…
Date: March 18, 2019
Docket Number: 18-2297
Justia Opinion Summary: Where a jury awarded plaintiff nominal compensatory damages and punitive damages for his claim of hostile work environment against his former employer, the Eighth Circuit affirmed the district court's denial of…
Date: March 18, 2019
Docket Number: 18-2400
Justia Opinion Summary: After defendant pleaded guilty to one count of being a felon in possession of a firearm, the district court sentenced him under the Armed Career Criminal Act (ACCA), based on defendant's prior Arkansas conviction for…
Date: March 14, 2019
Docket Number: 18-2096
Justia Opinion Summary: The parties agreed that the anti-stacking provision barred the insureds from recovering any money from Country Preferred for a car accident. The insureds contend that as a result, Country Preferred committed fraud and…
Date: March 13, 2019
Docket Number: 17-3556
Justia Opinion Summary: COR, a securities clearing and settlement firm, filed suit against Calissio seeking to recover losses resulting from a dividend transaction that it has not already recovered in other proceedings. The Eighth Circuit…
Date: March 12, 2019
Docket Numbers: 18-1316, 18-1703, 18-1704
Justia Opinion Summary: Hospitals challenged the method the Secretary used to calculate the volume-decrease adjustment (VDA) for certain fiscal years during the mid-2000s, as well as the Administrator's classification of certain costs as…
Date: March 8, 2019
Docket Number: 16-3646
Justia Opinion Summary: At issue in this appeal were the pleading requirements for a verified claim in a civil forfeiture proceeding. The Eighth Circuit previously held that a claimant who contests a forfeiture must state its interest in the…
Date: March 8, 2019
Docket Number: 18-1057
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of summary judgment to the acting county sheriff and the county in an action brought by plaintiff alleging violation of her First Amendment right to intimate…
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