2019 Eighth Circuit US Court of Appeals Case Law

Opinions 1001 - 1255 of 1255

Edward Garlock, Jr. v. Virginia Lockey
Date: March 8, 2019
Docket Number: 18-1163
United States v. Keithlan Carter
Date: March 8, 2019
Docket Number: 18-1337
Nader v. City of Papillion  
Date: March 8, 2019
Docket Number: 18-1402

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment against plaintiff in a 42 U.S.C. 1983 action alleging that he was unlawfully arrested in violation of his Fourth Amendment rights. The court held…

United States v. Beckham  
Date: March 8, 2019
Docket Number: 18-1406

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws, in violation of 26 U.S.C. 72121(a). After defendant's trial, the…

Frank Cummins, Jr. v. Commissioner, Social Security
Date: March 8, 2019
Docket Number: 18-1701
United States v. Michael Eden
Date: March 8, 2019
Docket Number: 18-2169
Roberts v. Kopel  
Date: March 7, 2019
Docket Number: 17-3579

Justia Opinion Summary: Correction officers who disregard visible and self-reported symptoms medical professionals believe to be flu symptoms are not deliberately indifferent to an obvious need for immediate medical attention. The Eighth…

United States v. Roman  
Date: March 7, 2019
Docket Number: 17-3582

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to conspiracy to distribute methamphetamine. The court held that defendant's prior Illinois conviction for aggravated battery on a public…

United States v. Hassan Johnson
Date: March 7, 2019
Docket Number: 17-3704
Teressa Davis v. Sixteenth Judicial Court
Date: March 7, 2019
Docket Number: 18-1300
Steve Riley v. Commissioner, Social Security
Date: March 7, 2019
Docket Number: 18-1705
United States v. Cory Bartlett
Date: March 7, 2019
Docket Number: 18-1730
Devonna Culpepper v. Department of Agriculture
Date: March 7, 2019
Docket Number: 18-2203
Minnie Coulter v. Bank of the Ozarks, Inc.
Date: March 7, 2019
Docket Number: 18-2347
LC Black v. Robert Wilkie
Date: March 7, 2019
Docket Number: 18-2404
Ford v. United States  
Date: March 6, 2019
Docket Number: 17-2206

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of movant's 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence based on his claim of ineffective assistance of counsel. Movant claimed that counsel…

United States v. Lacy Brooks
Date: March 6, 2019
Docket Number: 17-2597
United States v. Iu  
Date: March 6, 2019
Docket Number: 17-3237

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of one count of sexual abuse committed in Indian Country, and one count of attempted witness tampering related to an assault on his girlfriend. The court held that the…

United States v. Reyes-Ramirez  
Date: March 6, 2019
Docket Number: 18-1143

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 144 month sentence imposed after he pleaded guilty to one count of conspiring to distribute methamphetamine. The court held that the district court did not clearly err by imposing…

United States v. Walker  
Date: March 6, 2019
Docket Number: 18-1355

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for transferring obscene materials to a minor, receipt of child pornography, and sexual exploitation of a minor. The court held that the district court did…

United States v. Palmer  
Date: March 6, 2019
Docket Numbers: 18-1365, 18-1367

Justia Opinion Summary: The Controlled Substance Analogue Enforcement Act is not unconstitutionally vague where the statute's "knowingly or intentionally" scienter requirement alleviates vagueness concerns by narrowing the scope of its…

United States v. Mark Palmer
Date: March 6, 2019
Docket Number: 18-1367
United States v. Kevin Bassham
Date: March 6, 2019
Docket Number: 18-1509
United States v. Randy Stewart
Date: March 6, 2019
Docket Number: 18-2245
United States v. Andre Jolivet
Date: March 6, 2019
Docket Number: 18-2563
D.M. v. Minnesota State High School League  
Date: March 6, 2019
Docket Number: 18-3077

Justia Opinion Summary: Two male students filed suit against Minnesota's high school athletic league and others, alleging that the league unlawfully discriminated against them on the basis of sex through its rule prohibiting boys from…

United States v. James Moore
Date: March 6, 2019
Docket Number: 18-3453
United States v. Sutton  
Date: March 5, 2019
Docket Number: 17-3195

Justia Opinion Summary: Defendant appealed the revocation of his supervised release based on the allegation that he committed assault in June 2016. The Eighth Circuit, on de novo review, reversed and held that the admission of three witness…

Martin v. Barr  
Date: March 5, 2019
Docket Number: 18-1059

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court held that substantial…

United States v. Lawrence Strickland
Date: March 5, 2019
Docket Number: 18-1476
Michelle MacDonald Shimota v. Bob Wegner
Date: March 4, 2019
Docket Number: 17-3274
United States v. Rico Long
Date: March 4, 2019
Docket Number: 18-1173
United States v. Jeremy Agard
Date: March 4, 2019
Docket Number: 18-2126
David Taft, Jr. v. Director Jerry Foxhoven
Date: March 1, 2019
Docket Number: 17-3332
Pereida v. Barr  
Date: March 1, 2019
Docket Number: 17-3377

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's grant of DHS's motion to pretermit petitioner's cancellation of removal application. At issue was whether petitioner's Nebraska…

United States v. Darnell Gordon
Date: March 1, 2019
Docket Number: 18-1469
Campbell v. Transgenomic, Inc.  
Date: March 1, 2019
Docket Number: 18-2198

Justia Opinion Summary: A shareholder of Transgenomic filed a class action against former shareholders, alleging materially misleading statements and omissions in the proxy statement. The Eighth Circuit reversed the district court's ruling that…

Benjamin Schreiber v. Nick Ludwick
Date: March 1, 2019
Docket Number: 18-2305
Cynthia Jackson v. Target Corporation
Date: March 1, 2019
Docket Number: 18-2410
United States v. Abdifatah Suleiman
Date: March 1, 2019
Docket Number: 18-2462
Mensie v. City of Little Rock  
Date: February 28, 2019
Docket Number: 17-1761

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the City in an action alleging that the City discriminated against plaintiff based on her race when it denied her applications for rezoning to…

United States v. Hagen  
Date: February 28, 2019
Docket Number: 17-3279

Justia Opinion Summary: Defendant was convicted of three counts of wire fraud, four counts of mail fraud, and one count of conspiracy to commit mail and wire fraud after cattle producers who contracted for grazing services during the 2012-2014…

United States v. Peter Lundberg
Date: February 28, 2019
Docket Number: 18-1123
United States v. Waln  
Date: February 28, 2019
Docket Number: 18-1812

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for two counts of possession of a stolen firearm. The court held that defendant could not establish substantial prejudice and there was no reversible error…

The Paddock, LLC v. Bennett  
Date: February 28, 2019
Docket Number: 18-2098

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's holding that 11 U.S.C. 1322(b)(2)'s anti-modification provision did not apply to the Paddock's claim in debtors' manufactured home. Debtors' plan proposed…

Vara Birapaka v. U.S. Army Research Laboratory
Date: February 28, 2019
Docket Number: 18-2131
United States v. Darryl Tucker
Date: February 28, 2019
Docket Number: 18-2488
Bagwell v. Commissioner  
Date: February 28, 2019
Docket Number: 18-2514

Justia Opinion Summary: The Eighth Circuit affirmed the denial of disability benefits to plaintiff based on his claim of mild intellectual disability, low education, slow learning abilities, and memory problems. The court held that substantial…

United States v. Martez Butler
Date: February 28, 2019
Docket Number: 18-2586
Marshall v. McCarty  
Date: February 28, 2019
Docket Number: 18-6024

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting the Chapter 13 trustee's motion to dismiss debtor's bankruptcy case. The panel held that the record supported the trustee's contention that…

United States v. Peithman  
Date: February 27, 2019
Docket Numbers: 17-2721, 17-2722, 17-2723, 17-2768

Justia Opinion Summary: Plaintiff and his mother were convicted of charges related to their operation of smoke shops that sold "potpourri," a product containing synthetic marijuana that when consumed sometimes resulted in significant adverse…

United States v. Allen Peithman, Jr.
Date: February 27, 2019
Docket Number: 17-2722
United States v. Allen Peithman, Jr.
Date: February 27, 2019
Docket Number: 17-2723
United States v. Allen Peithman, Jr.
Date: February 27, 2019
Docket Number: 17-2768
Peschong v. Children's Healthcare  
Date: February 27, 2019
Docket Number: 17-2828

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiff and her three minor children's complaint against Children's Healthcare and a doctor. The action stemmed from the doctor's report to child protective…

United States v. Lasley  
Date: February 27, 2019
Docket Number: 17-3749

Justia Opinion Summary: The Eighth Circuit vacated defendant's assault convictions for inflicting an eye and arm injury on his girlfriend and remanded for a new trial. The court held that, when the district court instructed the jury that it was…

Radomysl Twardowski v. Bismarck Police Department
Date: February 27, 2019
Docket Number: 18-1027
Dubuque v. The Boeing Co.  
Date: February 27, 2019
Docket Number: 18-1945

Justia Opinion Summary: Plaintiff filed suit against his employer, Boeing, for wrongful discharge in violation of public policy. Plaintiff was an at-will employee with Special Action Program (SAP) clearances and access for his classified work.…

United States v. Daniel Melsha
Date: February 27, 2019
Docket Number: 18-2380
Bitzan v. Bartruff  
Date: February 26, 2019
Docket Number: 17-3391

Justia Opinion Summary: Plaintiff, an inmate, appealed the district court's grant of summary judgment for defendants on his claims under 42 U.S.C. 1983 and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court held that…

United States v. Nickelous  
Date: February 26, 2019
Docket Number: 17-3750

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for unlawful possession of a firearm after a shooting at a fraternity party. The court held that there was sufficient evidence to establish possession, and the district…

Vandewarker v. Continental Resources, Inc.  
Date: February 26, 2019
Docket Number: 17-3789

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to Continental in a personal injury action. In this case, plaintiff was an employee of Great Western, and Continental had hired Great Western as…

United States v. Jason Davis
Date: February 26, 2019
Docket Number: 18-1383
United States v. Canamore  
Date: February 26, 2019
Docket Number: 18-1419

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 commit impermissible double counting by…

United States v. Galloway  
Date: February 26, 2019
Docket Number: 18-1894

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for mail fraud, use of fire and aid and abetting the use of fire to commit a felony, and conspiracy to commit money laundering. The court held that the evidence was…

Michelle Baker v. CitiMortgage, Inc.
Date: February 26, 2019
Docket Number: 18-2157
United States v. Lozano  
Date: February 26, 2019
Docket Number: 18-2265

Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of defendant's motion to suppress. The district found that the encounter with law enforcement was not consensual at its inception and did not become consensual at…

United States v. Marc Gibbons
Date: February 26, 2019
Docket Number: 18-2519
Voss v. Housing Authority of the City of Magnolia  
Date: February 25, 2019
Docket Number: 17-1650

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for the Housing Authority and plaintiff's supervisor in an action alleging various discrimination, retaliation, and constitutional claims.…

Wurster v. The Plastics Group  
Date: February 25, 2019
Docket Number: 17-2698

Justia Opinion Summary: After James Wurster suffered fatal burns when a gas can manufactured by TPG exploded as he was burning garbage on this farm, his wife filed suit against TPG. The jury rendered a take-nothing verdict under Iowa's…

Shawn Manley v. Thomas DeVazier
Date: February 25, 2019
Docket Number: 17-2718
Shawn Manley v. Thomas DeVazier
Date: February 25, 2019
Docket Number: 17-2841
Johnston v. Prudential Insurance Co.  
Date: February 25, 2019
Docket Number: 17-3415

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order finding that Prudential did not abuse its discretion when it terminated plaintiff's long term disability benefits. The court held that, although plaintiff presented…

United States v. Brady Rogers
Date: February 25, 2019
Docket Number: 18-1232
Scott Goldsmith v. CIR
Date: February 25, 2019
Docket Number: 18-1346
Bobby McReynolds v. Preston Glenn
Date: February 25, 2019
Docket Number: 18-1976
United States v. Ryan Lee Balster
Date: February 25, 2019
Docket Number: 18-2340
United States v. Johnson  
Date: February 22, 2019
Docket Number: 17-2572

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 204 month sentence imposed after he pleaded guilty to possession with intent to distribute cocaine base. The court held that the district court did not procedurally err in…

Stanko v. Oglala Sioux Tribe  
Date: February 22, 2019
Docket Number: 17-3176

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 and common law, against the Tribe and tribal officers, seeking damages for their violation of his constitutional and civil rights stemming from his arrest and incarceration. The…

United States v. Kimberly Hines
Date: February 22, 2019
Docket Number: 17-3441
Zazueta v. Barr  
Date: February 22, 2019
Docket Number: 18-1074

Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's order upholding the IJ's finding that petitioner was removeable. The court held that petitioner's 2009 deferred judgment under Iowa Code 907.3(1) was a…

NLRB v. Jon Westrum
Date: February 22, 2019
Docket Number: 18-1242
United States v. Brown  
Date: February 22, 2019
Docket Numbers: 18-1426, 18-1427

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 120 month sentence for bank robbery. The court held that defendant's prior Illinois conviction for attempted robbery qualified as a career offender predicate under the force clause…

United States v. Spotted Horse  
Date: February 20, 2019
Docket Number: 18-1138

Justia Opinion Summary: The Eighth Circuit affirmed Defendant’s conviction of three counts of child abuse and three counts of assault with a dangerous weapon, holding that any error in the proceedings below was harmless. Specifically, the…

Dolic v. Barr  
Date: February 20, 2019
Docket Number: 18-1230

Justia Opinion Summary: The Eighth Circuit denied Petitioner’s petition for review of a decision of the Board of Immigration Appeals (BIA) affirming the immigration judge’s (IJ) denial of Petitioner’s motion to terminate removal proceedings,…

United States v. Brown  
Date: February 15, 2019
Docket Number: 17-3645

Justia Opinion Summary: Defendant's 28 U.S.C. 2255 petition was successive and his substantive arguments were barred. The Eighth Circuit held that defendant's second amended judgment was not a new sentence where the judge orally sentenced him…

United States v. Seals  
Date: February 15, 2019
Docket Number: 18-1042

Justia Opinion Summary: The Eighth Circuit held that there was sufficient evidence to convict defendant of distribution of heroin and fentanyl resulting in serious bodily injury and possession of those drugs with intent to distribute. In this…

United States v. Dawn Cooper
Date: February 15, 2019
Docket Number: 18-1149
United States v. Michael Vandenberg
Date: February 15, 2019
Docket Number: 18-1322
Plaintiff v. Defendant  
Date: February 15, 2019
Docket Number: 18-1352

Justia Opinion Summary: Petitioner sought review of the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Eighth Circuit denied the petition, holding that there was no…

United States v. Miller  
Date: February 15, 2019
Docket Number: 18-1507

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence from a traffic stop after he entered a conditional guilty plea to being a felon in possession of a firearm. The court…

Maher v. Iowa State University  
Date: February 15, 2019
Docket Number: 18-1559

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the University in a Title IX action alleging that plaintiff was excluded from participation in and denied the benefits of the educational…

Rembrandt Enterprises, Inc. v. Dahmes Stainless, Inc.
Date: February 15, 2019
Docket Number: 18-1808
United States v. White  
Date: February 15, 2019
Docket Number: 18-2233

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction on remand of possession of an unregistered firearm. The court held that there was ample circumstantial evidence for the district court to reasonably infer defendant…

Kasiah v. Crowd Systems, Inc.  
Date: February 14, 2019
Docket Number: 17-3588

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to an off-duty police officer and the board of police commissioners in a 42 U.S.C. 1983 action. Plaintiff, a concertgoer, filed suit after he was…

United States v. Tony Hoffman
Date: February 14, 2019
Docket Number: 18-1046
United States v. Raifsnider  
Date: February 14, 2019
Docket Number: 18-1212

Justia Opinion Summary: Defendant appealed his sentence imposed after his successful motion under 28 U.S.C. 2255 on the ground that it was substantively unreasonable. The Eighth Circuit enforced the appeal waiver in the plea agreement and…

United States v. Reymundo Martinez-Castillo
Date: February 13, 2019
Docket Number: 17-3614
United States v. Sean Lloyd
Date: February 13, 2019
Docket Number: 17-3695
United States v. Solis  
Date: February 13, 2019
Docket Number: 18-1215

Justia Opinion Summary: It is plain that the government cannot use the misprision statute to require someone to report a crime—an essential element of misprision—where doing so reasonably could lead to that individual's own prosecution.…

United States v. Bell  
Date: February 12, 2019
Docket Number: 16-3588

Justia Opinion Summary: The Eighth Circuit reversed and vacated the district court's imposition of special conditions of supervised release prohibiting the consumption of alcohol and setting a curfew. In this case, defendant pleaded guilty to…

United States v. Darden  
Date: February 12, 2019
Docket Number: 17-3373

Justia Opinion Summary: When resentencing follows a successful 28 U.S.C. 2255 motion based on counsel's failure to appeal, the prescribed procedure is for the district court to vacate the sentence and then reimpose it. The Eighth Circuit…

United States v. Newell  
Date: February 12, 2019
Docket Number: 18-2066

Justia Opinion Summary: Defendant was sentenced to 87 months in prison followed by a 5 year term of supervised release after he pleaded guilty to possession and attempted possession of child pornography. The Eighth Circuit affirmed the district…

United States v. Gates  
Date: February 11, 2019
Docket Number: 17-2494

Justia Opinion Summary: The Eighth Circuit dismissed defendant's appeal, holding that he waived his right in his plea agreement to request or receive records under the Freedom of Information Act (FOIA). Defendant had pleaded guilty to…

Garcia-Hernandez v. United States  
Date: February 11, 2019
Docket Number: 17-3027

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to vacate his sentence under 28 U.S.C. 2255, invoking Johnson v. United States, 135 S. Ct. 2551 (2015). The court held that defendant had at…

Golinveaux v. United States  
Date: February 11, 2019
Docket Number: 17-3099

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to vacate his sentence under 28 U.S.C. 2255 in light of Johnson v. United States, 135 S. Ct. 2551 (2015). The court held that when the record…

United States ex rel. Strubbe v. Crawford County Memorial Hospital  
Date: February 11, 2019
Docket Number: 18-1022

Justia Opinion Summary: Relators filed a quit am action against the Hospital for violations of the False Claims Act. Relators also filed suit against the Hospital and its CEO, alleging violation of the Act's anti-retaliation provision. The…

Raphael Mendez v. Officer T. Dole
Date: February 11, 2019
Docket Number: 18-2290
Gardea v. JBS USA, LLC  
Date: February 8, 2019
Docket Number: 17-2163

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in favor of JBS in an action under the Americans with Disabilities Act (ADA), the Iowa Civil Rights Act (ICRA), and the Iowa Wage Payment Collection Law (IWPCL).…

Ambrose Champagne v. United States
Date: February 8, 2019
Docket Number: 17-3021
Ismael Martinez v. Toni Perry
Date: February 8, 2019
Docket Number: 17-3234
Richard Oslund v. United States
Date: February 8, 2019
Docket Number: 17-3359
Houston Casualty Co. v. Strata Corp.  
Date: February 8, 2019
Docket Numbers: 17-3404, 17-3405

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to Strata's excess insurer, Houston Casualty, and denial of its cross-motion for summary judgment. After an employee was killed in a mine…

Houston Casualty Company v. Strata Corporation
Date: February 8, 2019
Docket Number: 17-3405
Kirk Grummitt v. United States
Date: February 8, 2019
Docket Number: 17-3609
Kirk Grummitt v. United States
Date: February 8, 2019
Docket Number: 17-3622
Kirk Grummitt v. United States
Date: February 8, 2019
Docket Number: 17-3625
Kirk Grummitt v. United States
Date: February 8, 2019
Docket Number: 17-3628
Hanson v. Best  
Date: February 8, 2019
Docket Number: 17-3821

Justia Opinion Summary: Plaintiff filed a 42 U.S.C. 1983 action against police officers, in their individual capacities, alleging that the officers used excessive force and exhibited deliberate indifference to medical needs in an incident that…

United States v. Morris  
Date: February 8, 2019
Docket Number: 18-1810

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after she conditionally pleaded guilty to conspiracy to distribute methamphetamine. The court held that the district…

Perkins v. Hastings  
Date: February 7, 2019
Docket Number: 17-2079

Justia Opinion Summary: After her fifteen year old son was shot and killed by a police officer, plaintiff filed suit against the officer, the police chief, and the city, alleging claims under 42 U.S.C. 1983 and state law. The district court…

United States v. Ryan Charles Brown
Date: February 7, 2019
Docket Number: 17-2987
Calon v. Bank of America Corp.  
Date: February 7, 2019
Docket Number: 17-3263

Justia Opinion Summary: After plaintiff obtained a home equity loan from Countrywide, he filed a pro se complaint alleging five causes of action against Bank of America, the company that acquired Countrywide. The Eighth Circuit affirmed the…

United States v. James Paine
Date: February 7, 2019
Docket Number: 17-3390
United States v. Zarco  
Date: February 7, 2019
Docket Number: 17-3434

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to possess with intent to distribute and to distribute a controlled substance. The court held that the district court did not err by allowing the…

Danis Reyes v. Matthew G. Whitaker
Date: February 7, 2019
Docket Number: 17-3707
United States v. Rodriguez  
Date: February 7, 2019
Docket Numbers: 17-3807, 17-3809

Justia Opinion Summary: Defendants Rodriguez and Marcov appealed their sentences and restitution orders imposed by the district court after they pleaded guilty to wire fraud. Defendants' convictions stemmed from their participation in a scheme…

United States v. Carlos Rodriguez
Date: February 7, 2019
Docket Number: 17-3809
Taeng Yang v. Michael McNeill
Date: February 7, 2019
Docket Number: 18-1954
Delaine Petersen v. State Farm Mutual Auto Ins Co
Date: February 7, 2019
Docket Number: 18-2507
CitiMortgage, Inc. v. Platinum Home Mortgage, Corp.  
Date: February 6, 2019
Docket Number: 17-3158

Justia Opinion Summary: CMI, a purchaser and reseller of mortgage loans, filed suit against Platinum, an originator and seller of mortgage loans, alleging that Platinum breached a contract by failing to repurchase seven allegedly defective…

Jones v. Douglas County Sheriff's Department  
Date: February 6, 2019
Docket Number: 17-3196

Justia Opinion Summary: After the sheriff's department decided not to reinstate plaintiff, she filed suit against the county alleging retaliation and sex, pregnancy, and disability discrimination, in violation of Title VII of the Civil Rights…

Meierhenry Sargent LLP v. Williams  
Date: February 6, 2019
Docket Number: 17-3768

Justia Opinion Summary: In an action arising out of a fee dispute between a law firm and two clients, the action was removed to federal court and then the unpaid-fees claims proceeded to arbitration. The district court granted the firm relief…

United States v. Dewayne Jones
Date: February 6, 2019
Docket Number: 18-1356
United States v. Lavell Williams
Date: February 6, 2019
Docket Number: 18-2501
Dembry v. United States  
Date: February 5, 2019
Docket Number: 17-2849

Justia Opinion Summary: The Eighth Circuit affirmed the district court's order dismissing a petition to vacate petitioner's sentence under 28 U.S.C. 2255, and denied the Government's motion to remand. The court held that petitioner's Illinois…

United States v. Pierre Watson
Date: February 5, 2019
Docket Number: 17-3598
United States v. Eric Sandoval
Date: February 5, 2019
Docket Number: 17-3736
United States v. Ellis Tooles
Date: February 5, 2019
Docket Number: 18-2193
David Ditter v. Nebraska Dept. of Corrections
Date: February 5, 2019
Docket Number: 18-2338
Levitt v. Merck & Co.  
Date: February 4, 2019
Docket Number: 17-2630

Justia Opinion Summary: Plaintiff filed a personal injury action against Merck after she suffered cardiovascular injuries allegedly from taking a medication called Vioxx. The Eighth Circuit reversed the district court's dismissal of plaintiff's…

United States v. Ruben Rodriguez
Date: February 4, 2019
Docket Number: 17-2881
Brunckhorst v. City of Oak Park Heights  
Date: February 4, 2019
Docket Number: 17-3238

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of the City in an employment discrimination suit under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act…

Bobby Hart v. United States
Date: February 4, 2019
Docket Number: 17-3451
United States v. Michael Perez-Barrios
Date: February 4, 2019
Docket Number: 17-3777
Sunny Reed v. Commissioner, Social Security
Date: February 4, 2019
Docket Number: 18-1483
CRP Holdings, A-1, LLC v. O'Sullivan  
Date: February 1, 2019
Docket Number: 17-3226

Justia Opinion Summary: The Eighth Circuit affirmed the Bankruptcy Appellate Panel's decision affirming the bankruptcy court's order holding that CRP has an unenforceable judicial lien against the real property of debtor and avoiding that lien…

United States v. Seng Xiong  
Date: February 1, 2019
Docket Number: 17-3283

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of mail and wire fraud and sentence of 87 months in prison. Defendant's conviction stemmed from his scheme to promote the creation of a Hmong homeland by accepting money…

United States v. Marcela Vega-Martinez
Date: February 1, 2019
Docket Number: 17-3765
Kiley v. United States  
Date: January 31, 2019
Docket Number: 17-2428

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's motion to vacate, set aside or correct his sentence under 28 U.S.C. 2255. The court held that counsel's conflict did not adversely affect the…

Great American Insurance Co. v. Russell  
Date: January 31, 2019
Docket Number: 17-2441

Justia Opinion Summary: Defendant appealed the district court's vacatur of the arbitration award plaintiff received against his insurer, Great American, for wrongfully denying his claim for damage to his corn crop. The court vacated and…

Peden v. United States  
Date: January 31, 2019
Docket Number: 17-3102

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's motion to correct his sentence under 28 U.S.C. 2255 because it was time-barred. The court held that the motion was untimely because Johnson v.…

United States v. Mark Anthony Reyna, Sr.
Date: January 31, 2019
Docket Number: 17-3569
Mora-Higuera v. United States  
Date: January 31, 2019
Docket Number: 17-3638

Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of petitioner's motion under 28 U.S.C. 2255 based on the one year statute of limitations period. The court held that it was reasonably debatable whether the…

Rudy Stanko v. Brandi Bosselman
Date: January 31, 2019
Docket Number: 18-1828
Lena Lasher v. Nebraska Board of Pharmacy
Date: January 31, 2019
Docket Number: 18-2235
First State Bank of Roscoe v. Stabler  
Date: January 30, 2019
Docket Number: 17-1904

Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment affirming a bankruptcy court order holding the Bank and its president in contempt and sanctioning them for violating a final bankruptcy discharge injunction. The…

Cynthia Beckler v. Bank of America
Date: January 30, 2019
Docket Number: 17-2439
Juan Rodriguez v. Joseph Page
Date: January 30, 2019
Docket Number: 17-2680
United States v. Sykes  
Date: January 30, 2019
Docket Number: 17-3221

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence found during a stop and frisk. The court held that it was reasonable for the officer to stop defendant because he…

United States v. Krause  
Date: January 30, 2019
Docket Number: 17-3674

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for damaging property of the United States valued at more than $1,000 after a drunk-driving incident in which defendant struck and destroyed a localizer antenna array at…

United States v. Hernandez-Loera  
Date: January 30, 2019
Docket Number: 17-3793

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 111 days and 3 years of supervised release after he pleaded guilty to one count of unlawful use of identification documents. The court held that the district court's…

Robert Watson v. Mutual fo Omaha Bank
Date: January 30, 2019
Docket Number: 18-1978
United States v. Pete Pane
Date: January 30, 2019
Docket Number: 18-2144
Larry Bell, Sr. v. Denis Conard
Date: January 30, 2019
Docket Number: 18-2420
United States v. David Cirksena
Date: January 30, 2019
Docket Number: 18-3731
United States v. Adams  
Date: January 29, 2019
Docket Number: 16-2529

Justia Opinion Summary: In light of legal authorities and the historical record, defendant's contention that the Second Amendment protects a right to carry a concealed weapon in a vehicle is at least subject to reasonable dispute. The Eighth…

United States v. Dale McCoy
Date: January 29, 2019
Docket Number: 17-3521
United States v. Thurmond  
Date: January 29, 2019
Docket Number: 17-3538

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 10 months in prison and one year of supervised release after he violated his conditions of release for the second time. The court held that the district court did not…

Danny Moore v. Gene Beasley
Date: January 29, 2019
Docket Number: 18-1985
United States v. Patrick Burke
Date: January 29, 2019
Docket Number: 18-2045
Clarke Co., Ltd. v. American Family Mutual Insurance Co.  
Date: January 28, 2019
Docket Number: 17-2418

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for American Family, in an action brought by Clarke, alleging that the insurer wrongfully denied coverage for defense and indemnity of a lawsuit…

United States v. Obiomachuckuka Njokanma
Date: January 28, 2019
Docket Number: 17-3416
United States v. Meyer  
Date: January 28, 2019
Docket Number: 17-3463

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of the government's motion for summary judgment and denied taxpayer's cross motion. The court held that the government established the existence and proper mailing…

United States v. Williams  
Date: January 28, 2019
Docket Number: 17-3740

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 34 month sentence after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that defendant's within-Guidelines sentence was not substantively…

United States v. Chavez Spotted Horse  
Date: January 28, 2019
Docket Number: 18-1139

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction of Receipt of Images Depicting the Sexual Exploitation of Minors. The court held that the district court did not abuse its discretion by denying defendant's motion for a…

Rudy Stanko v. South Dakota Highway Patrol
Date: January 28, 2019
Docket Number: 18-1849
David Pitlor v. T.D. Ameritrade
Date: January 28, 2019
Docket Number: 18-2067
United States v. Nicholas Garcia
Date: January 28, 2019
Docket Number: 18-2307
Samuel Taylor v. Ronda Pash
Date: January 25, 2019
Docket Number: 17-3401
United States v. Timothy Reed
Date: January 25, 2019
Docket Number: 17-3436
United States v. Eliseo Becerra
Date: January 25, 2019
Docket Number: 18-1003
United States v. Ahnna Hampton
Date: January 25, 2019
Docket Number: 18-1018
James Whitney v. DOJ
Date: January 25, 2019
Docket Number: 18-1338
Curran v. Moon  
Date: January 25, 2019
Docket Number: 18-6029

Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of debtor's motion to reconsider the order entered which indefinitely extended the deadlines for payment of the last two installments of her filing…

United States v. Mitchell  
Date: January 23, 2019
Docket Number: 18-1600

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 41 month sentence after he pleaded guilty to conspiracy to commit offenses against the United States, interstate transportation of a stolen vehicle, and fraudulent use of access…

Inmer Alvarado-Hernandez v. Matthew G. Whitaker
Date: January 23, 2019
Docket Number: 18-1733
Brian Guerry v. Scott Frakes
Date: January 23, 2019
Docket Number: 18-1990
United States v. Bryant  
Date: January 22, 2019
Docket Number: 17-3523

Justia Opinion Summary: The Eighth Circuit affirmed defendant's 360 month sentence for kidnapping. The court held that the district court did not err in imposing the cross reference to attempted murder and the district court's application of…

United States v. Jackson  
Date: January 22, 2019
Docket Number: 18-1482

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for crimes related to his role in a bank robbery. The court held that the district court did not abuse its discretion by admitting three Facebook videos into evidence…

FIMCO, Inc. v. Chad Funk
Date: January 18, 2019
Docket Number: 18-1257
Safelite Group, Inc. v. Michael Rothman
Date: January 17, 2019
Docket Number: 17-2974
Bradley R. Hartke v. Roger Dean Waldner
Date: January 17, 2019
Docket Number: 17-3685
Bradley R. Hartke v. WIPT, Inc.
Date: January 17, 2019
Docket Number: 17-3702
United States v. Hilda Garza Hernandez
Date: January 16, 2019
Docket Number: 17-3336
United States v. Jonathan Meier
Date: January 16, 2019
Docket Number: 17-3495
Schwartz v. Bogen  
Date: January 16, 2019
Docket Number: 17-3812

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of ex-wife's motion to dismiss an action brought by ex-husband, alleging violations of the anti-alienation provisions of the Employee Retirement Income Security Act…

David Librace v. Andre Valley
Date: January 16, 2019
Docket Number: 18-1916
United States v. James Nelson
Date: January 16, 2019
Docket Number: 18-2557
Louis J. Peterson, D.C. v. UnitedHealth Group Inc.  
Date: January 15, 2019
Docket Number: 17-1744

Justia Opinion Summary: In these consolidated cases, out-of-network medical providers who United intentionally failed to fully pay for services rendered to United plan beneficiaries in order to offset overpayments to the same providers from…

Brock Fay Fish v. United States
Date: January 15, 2019
Docket Number: 17-3167
United States v. Martin Zavala
Date: January 15, 2019
Docket Number: 17-3802
United States v. Elgin Dothage
Date: January 15, 2019
Docket Number: 18-1374
Evans v. City of Helena-West Helena  
Date: January 14, 2019
Docket Number: 17-2005

Justia Opinion Summary: Plaintiff appealed the district court's dismissal of her 42 U.S.C. 1983 action alleging that the City deprived her of her constitutional rights. Plaintiff's amended complaint alleged that she was arrested, her car was…

Winarske v. United States  
Date: January 14, 2019
Docket Number: 17-2367

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's second motion to vacate his mandatory minimum fifteen-year sentence under the Armed Career Criminal Act (ACCA). The court held that the new rule in…

Ozgur Leonard v. Rachel Lentz
Date: January 14, 2019
Docket Number: 18-1341
United States v. Warren Nelson Anderson, Jr.
Date: January 14, 2019
Docket Number: 18-1726
Marshall v. Deutsche Bank National Trust Co.  
Date: January 14, 2019
Docket Number: 18-6022

Justia Opinion Summary: The Bankruptcy Appellate Panel dismissed debtor's appeal of the bankruptcy court's order granting a motion for relief from the automatic bankruptcy stay filed by Deutsche Bank. The panel held that a foreclosure and sale…

Iowa Great Lakes Sanitary District v. Travelers Casualty and Surety Co.  
Date: January 11, 2019
Docket Number: 17-2732

Justia Opinion Summary: The District filed suit alleging that an UV System installed at one of its treatment facilities had consistently failed to function in any working capacity. The Eighth Circuit affirmed the district court's grant of…

United States v. Jairo Chavez
Date: January 11, 2019
Docket Number: 17-3017
United States v. St. Pierre  
Date: January 11, 2019
Docket Number: 17-3657

Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to aiding and abetting second degree murder. The Eighth Circuit held that the government did not breach the plea agreement when it recommended a sentence within the…

Zayed v. Associated Bank, N.A.  
Date: January 10, 2019
Docket Number: 17-1250

Justia Opinion Summary: The receiver filed suit against Associated Bank, which provided banking services to some of the scammers' entities, accusing the bank of aiding and abetting the Ponzi scheme. The Eighth Circuit affirmed the district…

Ryan Data Exchange, Ltd. v. Graco, Inc.  
Date: January 10, 2019
Docket Numbers: 17-1451, 17-1746, 17-1772

Justia Opinion Summary: Graco sought to set a jury verdict aside that found in favor of Rydex in its breach of contract claim against Graco. Graco renewed its motion for judgment as a matter of law and moved for a new trial. After the district…

Ryan Data Exchange, Ltd. v. Graco, Inc.
Date: January 10, 2019
Docket Number: 17-1746
Ryan Data Exchange, Ltd. v. Graco, Inc.
Date: January 10, 2019
Docket Number: 17-1772
Mancini v. Boehringer Ingelheim Pharmaceuticals  
Date: January 10, 2019
Docket Number: 17-2204

Justia Opinion Summary: Plaintiff filed suit against pharmaceutical companies, alleging that they were liable for substantial gambling and other financial losses that resulted from obsessive compulsive behavior, a side effect of taking a…

United States v. Hill  
Date: January 10, 2019
Docket Number: 17-2425

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to unlawful possession of ammunition as a previously convicted felon. The court held that defendant's prior Missouri drug convictions qualified as…

Church v. Missouri  
Date: January 10, 2019
Docket Number: 17-2857

Justia Opinion Summary: Plaintiffs filed a class action against the State of Missouri and others, alleging that the state failed to meet its constitutional obligation to provide indigent defendants with meaningful representation. The Eighth…

United States v. Terrell  
Date: January 10, 2019
Docket Number: 17-2929

Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence from wiretaps after he pleaded guilty to drug-related offenses. The court held that the district court did not err in…

Arthur Daniel Smith v. United States
Date: January 10, 2019
Docket Number: 17-3307
Employers Preferred Insurance Co. v. Hartford Accident & Indemnity Co.  
Date: January 10, 2019
Docket Number: 17-3355

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for Employers in an action brought by Employers, seeking a declaratory judgment to clarify whether Hartford had a duty to pay half of the…

United States v. Joel Kimball
Date: January 10, 2019
Docket Number: 17-3453
United States v. John Kelso
Date: January 10, 2019
Docket Number: 18-1137
Fant v. City of Ferguson  
Date: January 10, 2019
Docket Number: 18-1472

Justia Opinion Summary: Plaintiffs filed a putative class action against the City, alleging several constitutional violations under 42 U.S.C. 1983 stemming from the City's alleged detention of plaintiffs for their inability to pay traffic…

Amandeep Singh v. Jefferson B. Sessions, III
Date: January 10, 2019
Docket Number: 18-1567
United States v. Adam Billings
Date: January 10, 2019
Docket Number: 18-1872
United States v. Joel Mayokok
Date: January 9, 2019
Docket Number: 17-2904
Marianne Thiry v. United of Omaha Life Insurance
Date: January 9, 2019
Docket Number: 17-3288
Eason v. United States  
Date: January 9, 2019
Docket Number: 17-3299

Justia Opinion Summary: The Eighth Circuit affirmed the district court's application of the concurrent sentence doctrine to petitioner and denial of 28 U.S.C. 2255 relief. The court held that sentencing petitioner as an armed career criminal on…

Medtronic Sofamor Danek, Inc. v. Gannon  
Date: January 9, 2019
Docket Number: 17-3302

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of Medtronic's motion to remand an employment contract dispute back to state court. Applying Minnesota law, the court held that plaintiff waived his right to remove…

United States v. Terry Pitts
Date: January 9, 2019
Docket Number: 18-1203
United States v. United Pain Care
Date: January 9, 2019
Docket Number: 18-1263
United States v. Shane Zellaha
Date: January 9, 2019
Docket Number: 18-2014
United States v. Alberto Colina, Jr.
Date: January 9, 2019
Docket Number: 18-2177
Jeanette McKee v. Michael Reuter
Date: January 8, 2019
Docket Number: 17-2948
United States v. Don Elbert, II
Date: January 8, 2019
Docket Number: 17-3014
Schumacher v. SC Data Center, Inc.  
Date: January 8, 2019
Docket Number: 17-3112

Justia Opinion Summary: The Eighth Circuit vacated the district court's approval of a settlement agreement in a purported class action alleging that SC Data Center committed three violations of the Fair Credit Reporting Act. The court held that…

SPV-LS, LLC v. The Estate of Nancy Bergman  
Date: January 8, 2019
Docket Numbers: 17-3177, 17-3179

Justia Opinion Summary: The Estate appealed the district court's order denying its motion for reconsideration of an adverse grant of summary judgment. SPV cross-appealed the denial of its 28 U.S.C. 1927 and Federal Rule of Civil Procedure…

United States v. Patino  
Date: January 8, 2019
Docket Number: 17-3199

Justia Opinion Summary: Defendant was convicted of three counts relating to a conspiracy to distribute human growth hormone (HGH) for unauthorized purposes and to smuggle HGH into the United States. The Eighth Circuit affirmed the district…

Spradling v. Hastings  
Date: January 8, 2019
Docket Number: 17-3573

Justia Opinion Summary: Plaintiff filed a 42 U.S.C. 1983 action against defendants after William Collin Spradling was shot and killed during an investigation. Plaintiff's action was filed outside the Arkansas statute of limitations. The court…

Rodney Sanders v. United States
Date: January 8, 2019
Docket Number: 18-1286
United States v. Jesse Mateo Rodrigues
Date: January 8, 2019
Docket Number: 18-1762
United States v. Charles Eagle Pipe  
Date: January 7, 2019
Docket Number: 17-3039

Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to domestic assault by an habitual offender. The court held that defendant's sentence was not procedurally unreasonable, because the district court…

Carl Shinn v. Terri Hamilton
Date: January 7, 2019
Docket Number: 17-3686
Awnings v. Fullerton  
Date: January 4, 2019
Docket Number: 17-2884

Justia Opinion Summary: Plaintiff filed suit against defendants under 42 U.S.C. 1983, alleging claims of false arrest, excessive force, and denial of medical care. The court affirmed the district court's judgment and held that plaintiff failed…

United States v. Espejo  
Date: January 4, 2019
Docket Number: 17-3562

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for various crimes related to stealing funds from a medical practice while working as a bookkeeper. The court held that the district court did not err by excluding…

Jerome Bargo v. Raymond Naylor
Date: January 3, 2019
Docket Number: 17-2376
United States v. Terrance Jarrett
Date: January 3, 2019
Docket Number: 17-2659
United States v. Jared Atkins
Date: January 3, 2019
Docket Number: 17-3137
American Family Mutual Insurance Co. v. St. Louis Heart Center, Inc.  
Date: January 3, 2019
Docket Number: 17-3266

Justia Opinion Summary: American Family filed suit seeking a declaratory judgment against Vein Centers, its insured, disputing American Family's duty to defend and indemnify Vein Centers in a class action. St. Louis was the class representative…

Lucke v. Solsvig  
Date: January 3, 2019
Docket Number: 17-3618

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for defendants in an action alleging racial discrimination in violation of 42 U.S.C. 1981 and 1983, Title VI of the Civil Rights Act of 1964, and…

E. D. v. Palmyra R-I School District  
Date: January 3, 2019
Docket Number: 18-1095

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment for the school district in an action under Section 504 of the Rehabilitation Act. The court held that, where parents refuse special education…

Jerome Bargo v. Raymond Naylor
Date: January 3, 2019
Docket Number: 18-1340
United States v. Willie Horsley, Sr.
Date: January 2, 2019
Docket Number: 17-3594
Parrish v. Dingman  
Date: January 2, 2019
Docket Number: 17-3705

Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of qualified immunity to defendant, a jailer, in an action alleging excessive force under 42 U.S.C. 1983 and assault and battery under Iowa law. The court held that…

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