2021 Eighth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1186
Date: December 30, 2021
Docket Numbers: 21-1010, 21-1012
Justia Opinion Summary: Plaintiffs, relatives of individuals who worked at the Tyson Foods pork processing facility that contracted COVID-19 and later died, filed suit alleging claims for fraudulent misrepresentation and gross negligence.…
Date: December 29, 2021
Docket Number: 20-3467
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence. Defendant conditionally pleaded guilty to one count of being a felon and drug user in possession of a firearm. The court…
Date: December 29, 2021
Docket Number: 20-3518
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Tyson on plaintiff's interference claim under the Family and Medical Leave Act (FMLA). The court concluded that Tyson's request for…
Date: December 29, 2021
Docket Number: 21-1621
Justia Opinion Summary: After Midwest failed to meet its sales quota for two or more consecutive quarters, Exactech terminated its Agency Agreement with Midwest. The Agreement contained a non-compete provision entitling Midwest to Restricted…
Date: December 28, 2021
Docket Number: 20-3421
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute a controlled substance. The court concluded that the evidence was sufficient to support defendant's conviction and that there…
Date: December 28, 2021
Docket Number: 21-1301
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to conspiracy to distribute 50 grams or more of actual methamphetamine. The court concluded that there was no error in the district court's…
Date: December 27, 2021
Docket Number: 21-1559
Justia Opinion Summary: After the termination of disability benefits under a long-term disability plan governed by the Employee Retirement Income Security Act (ERISA), plaintiff filed suit against the plan administrator, Sun Life, seeking…
Date: December 23, 2021
Docket Number: 21-1104
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence seized through execution of a search warrant of his motel room, his statements to police during an interrogation, and an…
Date: December 21, 2021
Docket Number: 18-2908
Justia Opinion Summary: After Tyler S. Halsey suffered a heat stroke while working for Townsend Tree Service, his parents filed suit for wrongful death and negligence. The district court dismissed the claims against the supervisor with…
Date: December 20, 2021
Docket Number: 21-1283
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to attempted coercion or enticement of a minor in violation of 18 U.S.C. 2422(a). Defendant was sentenced to time served and 120 months'…
Date: December 17, 2021
Docket Number: 20-3446
Justia Opinion Summary: The Eighth Circuit denied the petition for review of the BIA's decision upholding the IJ's denial of petitioner's application for cancellation of removal. Petitioner testified regarding his daughter's suicide attempt and…
Date: December 16, 2021
Docket Numbers: 19-2364, 19-2610
Justia Opinion Summary: Plaintiffs Irvin and Bates filed 42 U.S.C. 1983 actions against police officers, the police chief, and the city, alleging violations of their Fourth Amendment rights and claims under Iowa law when Officers Richardson and…
Date: December 15, 2021
Docket Number: 20-2340
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 28 month sentence imposed after he violated his fourth term of supervised release. Although the district court did not recite the guideline range at the hearing, the record shows…
Date: December 15, 2021
Docket Number: 20-2862
Justia Opinion Summary: The Eighth Circuit affirmed the district court's imposition of the career offender enhancement to defendant's sentence after he pleaded guilty to conspiracy to distribute 500 grams or more of methamphetamine and to…
Date: December 15, 2021
Docket Number: 20-2984
Justia Opinion Summary: The Eighth Circuit affirmed in part and reversed in part in an action challenging the district court's award of attorney's fees and costs. The court concluded that the district court did not abuse its discretion in…
Date: December 15, 2021
Docket Number: 20-3314
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 360 month sentence imposed after he pleaded guilty to production of child pornography. The court concluded that there was no error in the district court's application of a…
Date: December 14, 2021
Docket Number: 20-3386
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for assault resulting in serious bodily injury at a place within the special maritime and territorial jurisdiction of the United States. Defendant was…
Date: December 14, 2021
Docket Number: 20-3408
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 210 month sentence imposed by the district court after determining that he was a career offender under USSG 4B1.1(a). The court concluded that the district court did not abuse its…
Date: December 13, 2021
Docket Number: 20-2895
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of defendant's motion for modification of his sentence under the First Step Act and imposition of a reduced term of imprisonment. Defendant argues that the district…
Date: December 10, 2021
Docket Number: 20-3077
Justia Opinion Summary: The Eighth Circuit affirmed the district court's award of attorney's fees to plaintiffs in an action alleging violations of the McKinney-Vento Act (MVA), the Rehabilitation Act (RA), the Americans with Disabilities Act…
Date: December 10, 2021
Docket Number: 20-3392
Justia Opinion Summary: Plaintiff filed suit against IML in state court, alleging claims for breach of contract, promissory estoppel, unjust enrichment, equitable estoppel, and fraudulent misrepresentation. After removal to federal court, the…
Date: December 9, 2021
Docket Number: 20-3123
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 102 month sentence imposed after he pleaded guilty to one count of possession of a firearm by a prohibited person. The court concluded that the district court did not abuse its…
Date: December 8, 2021
Docket Number: 20-2902
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 96 month sentence imposed after he pleaded guilty to one count of possession of a firearm by a convicted felon. The court concluded that defendant's within-Guidelines sentence was…
Date: December 8, 2021
Docket Numbers: 20-3481, 21-1370
Justia Opinion Summary: In a previous opinion, the district court affirmed a $34.3 million jury verdict in favor of the class represented by plaintiff and reversed the district court's denial of prejudgment interest. The court then remanded the…
Date: December 8, 2021
Docket Number: 20-3582
Justia Opinion Summary: The Estate of Willy Fritz filed suit against a police officer and the City of West Union, alleging a claim of recklessness, among other things, after the officer's police cruiser crashed into Fritz's truck which led to…
Date: December 7, 2021
Docket Number: 21-1022
Justia Opinion Summary: Under Minnesota law, when the insurance policy in question refers disputes as to amount of loss to an appraiser, when the question presented by the dispute involves separating loss due to a covered event from a…
Date: December 6, 2021
Docket Number: 20-2226
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of defendants in an action alleging retaliation, defamation, and intentional infliction of emotional distress claims against plaintiff's…
Date: December 6, 2021
Docket Number: 20-3239
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of Regional's declaratory judgment claims alleging that defendants' procedures in suspending Regional's Medicare payments and forcing it out of business without…
Date: December 3, 2021
Docket Number: 21-1884
Justia Opinion Summary: Officers responded to a shooting in an apartment building's parking lot. Three victims were transported to the hospital. Officers observed a security camera in the window of apartment 1, pointed toward the parking lot.…
Date: December 2, 2021
Docket Number: 20-2958
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence and defendant's sentence imposed after he pleaded guilty to one count of sexual exploitation of children. In this case,…
Date: December 1, 2021
Docket Number: 21-1075
Justia Opinion Summary: After a tractor manufactured by CNH caught fire, Floyd filed suit against CNH in federal court under a theory of product liability, claiming that its insureds owned the tractor and other property on the tractor, both of…
Date: December 1, 2021
Docket Number: 21-1296
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to mail fraud and involuntary manslaughter. Defendant's conviction stemmed from his intoxication at work while he was Chief of Pathology for the…
Date: November 30, 2021
Docket Number: 21-1678
Justia Opinion Summary: Dr. Placzek, a physician, entered into an employment agreement with MCHS In 2015, Placzek had a miscarriage, which required time off. MCHS provides Short-Term Disability (STD) benefits but Placzek did not submit an STD…
Date: November 30, 2021
Docket Number: 21-1772
Justia Opinion Summary: Avenoso, a maintenance supervisor, had long-term disability insurance under a Reliance policy, governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132(a)(1)(B). The policy provided two years of…
Date: November 29, 2021
Docket Numbers: 20-2961, 20-3284
Justia Opinion Summary: Plaintiffs, formerly employed as deputy sheriffs, filed a 42 U.S.C. 1983 action alleging that defendants violated their First Amendment rights based on Defendant Cole's retaliatory employment actions taken after…
Date: November 24, 2021
Docket Number: 20-3027
Justia Opinion Summary: CSI, which won a contract to perform road work on state highways across three Minnesota counties, filed a 42 U.S.C. 1983 action against Mahnomen County and its Engineer, Jonathan Large, after Large stopped two of CSI's…
Date: November 22, 2021
Docket Number: 20-3371
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of appellant's claims in his motion for 28 U.S.C. 2255 relief on the merits. Assuming without deciding that the government's use of false or discredited…
Date: November 19, 2021
Docket Number: 19-3752
Justia Opinion Summary: Defendant remains at large after escaping from a residential reentry center just over four months ago. Having given him a chance to surrender and respond to an order to show cause, the Eighth Circuit now exercises its…
Date: November 19, 2021
Docket Number: 20-2486
Justia Opinion Summary: Plaintiff filed a class action complaint against Farm Bureau, alleging breach of contract and seeking a declaratory judgment. Plaintiff's breach of contract claim was based, in part, on an alleged violation of Arkansas…
Date: November 19, 2021
Docket Number: 20-2688
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 63-month sentence imposed after he pleaded guilty to being a felon in possession of a firearm and ammunition. The court concluded that the district court did not clearly err in…
Date: November 18, 2021
Docket Number: 20-1696
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion for a sentence reduction under the First Step Act, concluding that recent precedents foreclosed defendant's arguments. The court concluded…
Date: November 18, 2021
Docket Number: 20-2790
Justia Opinion Summary: Jacqueline Mills was convicted of multiple counts of wire fraud, money laundering, and bribery. These charges were related to a years-long scheme to defraud the United States of monies intended to feed low-income…
Date: November 18, 2021
Docket Number: 20-3044
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 60-month sentence imposed after he pleaded guilty to two counts of being a felon in possession of a firearm in violation of 18 U.S.C. 922(g). The court concluded that defendant's…
Date: November 18, 2021
Docket Number: 20-3309
Justia Opinion Summary: The Eighth Circuit concluded that the district court did not err in determining plaintiffs' 42 U.S.C. 1983 claims for false imprisonment and unlawful search and seizure are time barred under Arkansas's three-year…
Date: November 18, 2021
Docket Number: 21-6004
Justia Opinion Summary: The Bankruptcy Appellate Panel dismissed debtors' appeal of the bankruptcy court's orders based on lack of standing. In this case, debtors challenged the bankruptcy court's orders (1) granting in part and denying in part…
Date: November 17, 2021
Docket Number: 18-2926
Justia Opinion Summary: PCMA filed suit to enjoin the enforcement of several North Dakota statutory provisions, claiming that they were preempted by the Employee Retirement Income Security Act of 1974 (ERISA), and the Medicare Prescription…
Date: November 16, 2021
Docket Number: 20-1886
Justia Opinion Summary: The Eighth Circuit affirmed the district court's award of over $3 million in attorney fees and expenses to plaintiffs in a settlement involving Missouri's foster-care system. Plaintiffs filed suit on behalf of a group of…
Date: November 15, 2021
Docket Number: 20-2632
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of qualified immunity to defendant, a police officer, on a motion to dismiss an unlawful seizure claim based on his shooting two dogs during a residential security…
Date: November 9, 2021
Docket Number: 20-2088
Justia Opinion Summary: Porter received a 104-month prison sentence for illegally possessing a firearm. Shortly before he was scheduled for supervised release, the probation office realized that he did not have a release plan and asked the…
Date: November 8, 2021
Docket Numbers: 20-3054, 20-3181
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of Defendant Campbell-Martin and Leiva's motion to suppress. Defendants conditionally pleaded guilty to possession with intent to distribute a controlled substance.…
Date: November 8, 2021
Docket Number: 20-3234
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm and ammunition. The court rejected defendant's contention that the district court imposed an…
Date: November 8, 2021
Docket Number: 21-1589
Justia Opinion Summary: The Hospitals filed suit to enjoin the OPTN's new policy, which significantly changes the method for allocating donated kidneys to kidney transplant patients, as unlawful under the Transplant Act and the Administrative…
Date: November 5, 2021
Docket Number: 20-3152
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 300-month sentence imposed after he pleaded guilty to conspiracy to distribute more than 100 grams of a mixture or substance containing heroin. The court concluded that the…
Date: November 4, 2021
Docket Number: 18-3346
Justia Opinion Summary: Plaintiff filed suit alleging that BNSF violated the Federal Rail Safety Act (FRSA) when it discharged him for reporting, in good faith, a hazardous safety condition. After the case proceeded to trial, the jury found in…
Date: October 28, 2021
Docket Numbers: 19-2921, 20-1366
Justia Opinion Summary: For budget reasons, St. Cloud State University shut down six of its sports teams, including women's tennis and Nordic Skiing teams. Female student-athletes brought a Title IX discrimination action. 20 U.S.C. 1681(a).…
Date: October 20, 2021
Docket Numbers: 20-1635, 20-2545, 20-2550, 20-2556, 20-3108, 20-3613-14, 20-3607, 20-3616-17, 20-3620, 20-3627, 20-3634, 20-3636, 20-3642-45, 20-3647-49
Justia Opinion Summary: Plaintiffs, employees of civilian and military contractors who used Combat Arms Version 2 earplugs, filed separate suits against 3M in Minnesota state court, asserting failure-to-warn claims under state law. After…
Date: October 18, 2021
Docket Number: 20-1511
Justia Opinion Summary: After panel rehearing, the Eighth Circuit affirmed the district court's denial of defendant's motions to suppress and his objection to application of the career criminal enhancement in USSG 4B1.1(a). Defendant robbed a…
Date: October 18, 2021
Docket Number: 20-2941
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment holding that Safeco was not liable for coverage for a claim stemming from an accident involving an uninsured driver. In this case, the insured was killed when her…
Date: October 18, 2021
Docket Number: 20-3132
Justia Opinion Summary: The Eighth Circuit affirmed the bankruptcy appellate panel's decision affirming the bankruptcy court's determination that debtor's debt to Lariat is excepted from discharge because it was obtained by actual fraud. The…
Date: October 18, 2021
Docket Number: 20-3510
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of the Pension Fund's amended complaint in this securities fraud class action. The Pension Fund, as lead plaintiff, alleged securities fraud under section 10(b)…
Date: October 15, 2021
Docket Number: 20-2460
Justia Opinion Summary: Plaintiff filed suit challenging the South Dakota State Penitentiary's pornography policy under the First and Fourteenth Amendments. Plaintiff named as defendants four South Dakota corrections officials in their official…
Date: October 12, 2021
Docket Number: 20-1241
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress after defendant pleaded guilty to being a felon in possession of a firearm. In this case, a police officer stopped the vehicle…
Date: October 8, 2021
Docket Number: 19-3672
Justia Opinion Summary: A global settlement was approved in 2002 in securities law class actions concerning the merger of companies to form Bank of America, which included an award of approximately $58 million in fees to the attorneys appointed…
Date: October 8, 2021
Docket Number: 20-1787
Justia Opinion Summary: The Eighth Circuit reversed the district court's ruling that an arbitration clause found in Walmart.com's terms of use was unenforceable against purchasers of gift cards. In this case, plaintiffs filed suit against…
Date: October 7, 2021
Docket Number: 20-2507
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion for compassionate release under the First Step Act of 2018, concluding that the COVID-19 pandemic is not an extraordinary and compelling…
Date: October 6, 2021
Docket Number: 18-2506
Justia Opinion Summary: In 2009, the original Federal Housing Finance Agency (FHFA) director resigned. President Obama replaced him with Acting Director DeMarco, under 12 U.S.C. 4512(f). The President's nomination of a new director stalled.…
Date: October 4, 2021
Docket Number: 20-3029
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against University officials, alleging that the University's then-existing events policy was unconstitutional facially and as applied to them under the First and Fourteenth…
Date: October 1, 2021
Docket Number: 20-1799
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of HHS and CMS in an action brought by Northport, alleging that a regulation promulgated by CMS through notice and comment rulemaking is…
Date: September 29, 2021
Docket Number: 20-3292
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of qualified immunity to officers in a 42 U.S.C. 1983 action alleging that plaintiff's constitutional and state-law rights were violated when he was arrested for…
Date: September 21, 2021
Docket Number: 20-1777
Justia Opinion Summary: On a well-lit summer evening in a Des Moines neighborhood with community-reported drug crimes, police officers Minnehan and Steinkamp lawfully stopped Haynes for suspected (mistaken) involvement in a drug deal. The…
Date: September 20, 2021
Docket Number: 20-3490
Justia Opinion Summary: The Eighth Circuit affirmed the district court's adverse grant of summary judgment based on qualified immunity in a 42 U.S.C. 1983 action brought by a pretrial detainee against prison officials, alleging violation of his…
Date: September 20, 2021
Docket Number: 20-3508
Justia Opinion Summary: The Eighth Circuit denied a petition for review challenging the BIA's dismissal of petitioner's appeal from an IJ's decision denying her request to terminate proceedings based on Pereira v. Sessions, 138 S. Ct. 2105…
Date: September 17, 2021
Docket Numbers: 19-2910, 19-3019
Justia Opinion Summary: In an action arising from a constitutional challenge to Missouri's remedial parole review process for individuals sentenced to mandatory life without the possibility of parole for homicide offenses committed as…
Date: September 17, 2021
Docket Number: 19-3555
Justia Opinion Summary: After the Eighth Circuit ordered a limited remand for further consideration of defendant's motion to suppress evidence seized from his car, the district court entered an order denying the motion. Defendant's appeal has…
Date: September 17, 2021
Docket Number: 20-2181
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of Walmart's motion to compel arbitration in an action brought by a customer, seeking to represent a nationwide class of disgruntled gift-card purchasers in…
Date: September 16, 2021
Docket Numbers: 20-2007, 20-2015
Justia Opinion Summary: In 1994, the jury convicted Desmond and Jesse Rouse, their cousin Russell Hubbeling, and another cousin of sexually abusing five nieces. Defendants ultimately raised claims in Rule 60(b)(6) motions seeking relief from…
Date: September 15, 2021
Docket Number: 20-1355
Justia Opinion Summary: Plaintiffs, three individuals who purchased oil filters designed by K&N, seek to represent a nationwide class of all purchasers of three styles of K&N oil filters that they allege share a common defect, although most…
Date: September 15, 2021
Docket Number: 20-2710
Justia Opinion Summary: Devin Nunes, a Member of Congress from California, appeals the district court's dismissal of his complaint alleging defamation and conspiracy claims against defendant and Hearst based on an article published in Esquire…
Date: September 14, 2021
Docket Number: 20-2531
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to distribution of child pornography and the district court's imposition of the challenged special conditions of supervised release.…
Date: September 13, 2021
Docket Number: 19-1885
Justia Opinion Summary: The Eighth Circuit affirmed the district court's 96-month sentence imposed, on remand, based on defendant's probation violation after he pleaded guilty to possession of child pornography. The court has previously held…
Date: September 13, 2021
Docket Number: 20-1747
Justia Opinion Summary: In 2017, Andeavor agreed with the Mandan, Hidatsa, and Arikara Nation, known as the Three Affiliated Tribes, to renew the right-of-way over tribal lands, and to pay trespass damages for continued operation of an oil…
Date: September 13, 2021
Docket Number: 20-2505
Justia Opinion Summary: Following the death of five members of the Pals family in a car accident in a construction zone after defendant drove his semi-truck into the back of the Pals' vehicle, plaintiffs filed a wrongful death and negligence…
Date: September 10, 2021
Docket Number: 20-1044
Justia Opinion Summary: Plaintiffs, vehicle owners, filed suit alleging that State Farm violated Arkansas Insurance Rule 43, which governs loss settlements, and thus committed fraud in the inducement, breached their contracts, acted in bad…
Date: September 10, 2021
Docket Number: 20-1768
Justia Opinion Summary: After settling with the liability carrier, plaintiff filed an Underinsured Motorist (UIM) claim with her insurer, Farmers. Farmers made a settlement offer that was rejected by plaintiff when she presented a significantly…
Date: September 10, 2021
Docket Number: 20-1779
Justia Opinion Summary: The Eighth Circuit concluded that HomeServices waived its right to arbitrate after actively litigating this case in federal court for nearly a year. The court also concluded that, under circuit precedent, the issue of…
Date: September 8, 2021
Docket Number: 19-2708
Justia Opinion Summary: Plaintiffs, female truck drivers, filed suit against CRST alleging Title VII claims of retaliation and hostile work environment on behalf of themselves and all others similarly situated, as well as individual…
Date: September 8, 2021
Docket Number: 20-1822
Justia Opinion Summary: After child abuse investigators removed seven minor children from their home, plaintiffs filed suit under 42 U.S.C. 1983, alleging claims against the Governor, DHS, Garland County, and numerous employees of the State and…
Date: September 7, 2021
Docket Numbers: 20-1595, 20-1690
Justia Opinion Summary: SMI, a supermarket retailer, and XPO, a logistics company, both appeal the district court's orders and judgment in a breach of contract and tort dispute arising out of the parties' business relationship. The Eighth…
Date: September 7, 2021
Docket Number: 20-1690
Date: September 3, 2021
Docket Number: 20-1340
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of drugs found during a safety inspection of a semi transporting three vehicles, one of which contained the drugs. The…
Date: September 3, 2021
Docket Number: 20-2151
Justia Opinion Summary: Plaintiff filed a qui tam action under the False Claims Act (FCA), alleging that Planned Parenthood violated Iowa law by dispensing extra cycles of oral contraceptives without a physician’s order and that Planned…
Date: September 3, 2021
Docket Number: 20-2781
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for attempting to entice a minor to engage in illegal sexual activity. The court concluded that the evidence was sufficient to support defendant's…
Date: September 3, 2021
Docket Number: 20-2857
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for possession of a firearm by a felon. The court concluded that the district court did not err in denying defendant's motion to suppress and rejected…
Date: September 2, 2021
Docket Number: 20-2571
Justia Opinion Summary: Plaintiff filed suit against the City of Bloomington, the Hennepin County Attorney, and two Bloomington police officers, seeking a declaration that a state harassment statute and a city ordinance are unconstitutional…
Date: September 1, 2021
Docket Number: 20-1667
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of the government in an action where the government sought to revoke defendant's citizenship because he entered the country and sought…
Date: September 1, 2021
Docket Number: 20-1790
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of a utility-locating service, USIC, in an action brought by Spire, a gas company, and its insurers, seeking full indemnification from…
Date: September 1, 2021
Docket Number: 20-2731
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment declining to exercise its discretion to reduce defendant's sentence under Section 404 of the First Step Act of 2018. The court has repeatedly held that the First…
Date: September 1, 2021
Docket Number: 20-3451
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence from a warrantless search of a vehicle. In this case, a state trooper stopped defendant's rental car for a traffic…
Date: August 30, 2021
Docket Number: 19-2554
Justia Opinion Summary: The Eighth Circuit affirmed the district court's award of damages after a bench trial that resulted in a judgment in favor of appellees and a group of state guaranty associations where the district court ruled that…
Date: August 30, 2021
Docket Number: 19-2898
Justia Opinion Summary: After determining that it had appellate jurisdiction, the Eighth Circuit affirmed the district court's order concluding that the National Indian Gaming Commission correctly determined that the Ponca Restoration Act does…
Date: August 30, 2021
Docket Number: 20-2029
Justia Opinion Summary: The Eighth Circuit affirmed the district court's finding that Selective denied insurance coverage in bad faith and the district court's award of taxable costs and prejudgment interest. In this case, Selective sought a…
Date: August 30, 2021
Docket Number: 20-2103
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Westfield Insurance in an action seeking a declaratory judgment that it owed no obligations to Advanced Auto, Advanced Auto's…
Date: August 30, 2021
Docket Number: 20-2192
Justia Opinion Summary: The bankruptcy trustee sued Cornerstone on the insured's behalf, alleging that Cornerstone breached its duty to defend the insured by failing to timely file an answer to a complaint filed against him. The insurance…
Date: August 27, 2021
Docket Number: 20-1925
Justia Opinion Summary: Robert McGowen served as the president, was on the board of directors, and was a shareholder of MHCS, an account firm. After McGowen obtained a personal loan from Commerce Bank, Commerce attempted to secure McGowen's…
Date: August 27, 2021
Docket Number: 20-2140
Justia Opinion Summary: The Eighth Circuit denied a petition for review challenging the BIA's decision affirming the IJ's denial of relief under the Convention Against Torture (CAT). The court rejected petitioner's challenge to the…
Date: August 27, 2021
Docket Number: 20-2594
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and 120-month sentence for being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). The court concluded that the evidence was…
Date: August 26, 2021
Docket Number: 19-1562
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm after he brandished a stolen rifle in a stranger's backyard. The court concluded that, even if justification can serve as a…
Date: August 26, 2021
Docket Number: 20-1094
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of habeas relief to petitioner in an action where petitioner was found guilty of two first-degree murder counts. Although the Missouri Court of Appeals' conclusion…
Date: August 26, 2021
Docket Number: 20-1729
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order reducing defendant's sentence under section 404(b) of the First Step Act. The court concluded that the district court committed no procedural error in declining to…
Date: August 25, 2021
Docket Numbers: 19-1340, 19-1342, 19-1348, 19-1349
Justia Opinion Summary: After the school districts sought modification of existing desegregation consent decrees to allow their exemption from Arkansas's Public School Choice Act, Ark. Code. Ann. 6–18–1906, the district court granted the…
Date: August 25, 2021
Docket Number: 20-1487
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 420-month sentence, following two remands for resentencing, for multiple drug and firearm counts. The court concluded that the district court did not clearly err in determining…
Date: August 25, 2021
Docket Number: 20-2058
Justia Opinion Summary: The Eighth Circuit affirmed defendant's convictions for unlawful possession of a firearm and possession of methamphetamine. The court concluded that the district court did not err in denying defendant's motion to…
Date: August 25, 2021
Docket Number: 20-2062
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment declaring that the United States has a duty to provide "competent physician-led healthcare" to the Rosebud Sioux Tribe and its members. In light of the promises…
Date: August 25, 2021
Docket Number: 20-2521
Justia Opinion Summary: Rodenburg purchased a Commercial Umbrella Liability Policy from Cincinnati. In the underlying action, a plaintiff filed suit against Rodenburg, asserting several theories including wrongful garnishment, tort-based…
Date: August 25, 2021
Docket Number: 20-3397
Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of defendant's supervised release and imposition of a 24 month sentence. To the extent the district court considered a deputy marshal's hearsay statements in…
Date: August 25, 2021
Docket Number: 21-1174
Justia Opinion Summary: The Eighth Circuit affirmed the district court's involuntary medication order under Sell v. United States, 539 U.S. 166 (2003), to maintain defendant's competency for trial. Given that the purpose of involuntary…
Date: August 24, 2021
Docket Number: 19-3731
Justia Opinion Summary: Plaintiff filed suit against State Farm and GEICO for liability coverage after she was injured on her husband's boat. In this case, plaintiff was seriously hurt when she was thrown from the boat. The Eighth Circuit…
Date: August 24, 2021
Docket Number: 20-1694
Justia Opinion Summary: The Eighth Circuit held that an accidental death and dismemberment insurance policy does not qualify as a health plan under Maine law, Me. Rev. Stat. Ann. tit. 24-A, 4303. Therefore, Unum Life's decision to deny benefits…
Date: August 24, 2021
Docket Numbers: 20-1842, 20-1843, 20-1845, 20-1846, 20-2075, 20-2076, 20-2292
Justia Opinion Summary: After Justin A. Stufflebean died after allegedly being denied necessary medication while incarcerated at the Buchanan County Jail and the Western Reception Diagnostic and Correctional Center, his parents filed 42 U.S.C.…
Date: August 24, 2021
Docket Number: 20-1956
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of NPPD's wind-farm affiliates. NPPD contends that these affiliates breached their power purchase agreements (PPAs) by transferring…
Date: August 24, 2021
Docket Number: 20-1974
Justia Opinion Summary: Plaintiff filed suit against North Homes, a private entity, under 42 U.S.C. 1983 after it confined her when she was 15 years old in a residential correctional unit where an employee sexually assaulted her for three days.…
Date: August 24, 2021
Docket Numbers: 20-3061, 20-3081, 20-3400
Justia Opinion Summary: After plaintiff left her employment at HKFS, she filed suit seeking a declaratory judgment that the restrictive covenants in her various employment contracts were unenforceable. HFKS brought counterclaims against…
Date: August 23, 2021
Docket Number: 20-1916
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion for a sentence reduction under the First Step Act. The court has clarified that, while the district court may consider the 18 U.S.C. 3553(a)…
Date: August 20, 2021
Docket Number: 19-3220
Justia Opinion Summary: Ameren appeals an adverse judgment of the district court in a Clean Air Act (CAA) enforcement action brought by the United States, acting at the request of the EPA Administrator, arguing that the district court…
Date: August 20, 2021
Docket Number: 20-2347
Justia Opinion Summary: Plaintiffs filed a putative class action alleging that Polaris failed to disclose heat defects and that this artificially inflated the price of their all-terrain vehicles. The Eighth Circuit affirmed the district court's…
Date: August 20, 2021
Docket Number: 20-2583
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress geolocation data from his cell phone and his Google email account. The court concluded that officers were entitled to rely on the…
Date: August 19, 2021
Docket Number: 19-3458
Justia Opinion Summary: Designworks filed suit alleging that defendants violated its copyright in the registered design of a two-story home. The district court granted summary judgment for defendants, concluding that defendants' home design was…
Date: August 19, 2021
Docket Number: 20-1821
Justia Opinion Summary: After Cameron Leftwich committed suicide in jail, his father filed suit alleging 42 U.S.C. 1983 claims against defendants for failure to provide adequate medical care and failure to train, as well as wrongful death…
Date: August 18, 2021
Docket Number: 18-3510
Justia Opinion Summary: Petitioner filed a habeas action alleging that he received ineffective assistance of sentencing counsel when his lawyer failed to investigate potential impeachment evidence of his own expert witness, and that his death…
Date: August 18, 2021
Docket Number: 20-1947
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of defendant's motion for a sentence reduction under the First Step Act of 2018, concluding that the district court erred in determining that defendant remains…
Date: August 18, 2021
Docket Number: 20-1995
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment against plaintiff where a reasonable factfinder could believe that plaintiff fully exhausted her administrative remedies. The court remanded for…
Date: August 18, 2021
Docket Number: 20-2168
Justia Opinion Summary: After plaintiffs filed a class action against defendants under the Fair Labor Standards Act (FLSA) and the Arkansas Minimum Wage Act (AMWA), plaintiffs negotiated a settlement agreement with Welspun for the wage claim…
Date: August 18, 2021
Docket Number: 20-2474
Justia Opinion Summary: Ascente filed suit against Digital River for Minnesota contract, fraud, and fraud-adjacent claims. Ascente's claims arose after it hired Digital River to build a customer-facing web portal and the portal fell below…
Date: August 18, 2021
Docket Number: 20-2874
Justia Opinion Summary: Plaintiffs filed suit against CJS Solutions, a Florida entity doing business as The HCI Group, in the District of Minnesota. Plaintiffs moved to certify a collective action under the Fair Labor Standards Act (FLSA). The…
Date: August 17, 2021
Docket Numbers: 18-3553, 18-3580
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in plaintiffs' case, which is part of the Bair Hugger multidistrict litigation (MDL). The court concluded that the district court did not abuse its discretion by…
Date: August 16, 2021
Docket Number: 19-2899
Justia Opinion Summary: In December 2015, the Judicial Panel on Multidistrict Litigation created and centralized the In re Bair Hugger Forced Air Warming Devices Products Liability Litigation (MDL) in the District of Minnesota for coordinated…
Date: August 16, 2021
Docket Number: 19-3243
Justia Opinion Summary: Plaintiff filed suit alleging 42 U.S.C. 1983 compensatory and punitive damage claims against paramedics for injecting her with ketamine without her consent, and against physicians who allegedly implemented ambulance…
Date: August 16, 2021
Docket Numbers: 19-3608, 20-1099, 20-3104, 20-3107
Justia Opinion Summary: Charles James and Designworks filed suit against real estate companies, as well as their affiliates and agents, claiming that defendants infringed their copyrights when they created and published certain floorplans…
Date: August 16, 2021
Docket Number: 20-1099
Date: August 16, 2021
Docket Number: 20-1745
Justia Opinion Summary: The Eighth Circuit reversed the district court's denial of qualified immunity to a police officer in a 42 U.S.C. 1983 action brought by plaintiff on behalf of her two minor sons. The claims stemmed from a gang-related…
Date: August 16, 2021
Docket Number: 20-2518
Justia Opinion Summary: Plaintiffs, 14 purchasers of off-road vehicles, filed a putative class action against Polaris alleging that a design defect caused the vehicles, all of which contain "ProStar" engines, to produce excessive heat.…
Date: August 16, 2021
Docket Number: 20-2538
Justia Opinion Summary: The Eighth Circuit affirmed an arbitration award that reinstated a member of the union to her former position after she was discharged by the company. The court concluded that the parties agreement authorized the…
Date: August 16, 2021
Docket Number: 20-2596
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and 360-month sentence for unlawfully possessing a gun. Defendant's conviction stemmed from a botched gun sale to a confidential informant. The court concluded that…
Date: August 16, 2021
Docket Numbers: 20-2626, 20-2627
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possessing a firearm and violating his supervised release. The court concluded that the district court did not abuse its discretion by…
Date: August 16, 2021
Docket Number: 20-2715
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 180-month sentence imposed after he pleaded guilty to two firearm offenses. The court concluded that the district court did not clearly err in finding that defendant shot the…
Date: August 16, 2021
Docket Number: 20-2760
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Continental in an action brought by Millard Gutter, alleging that Continental breached insurance policies issued to third parties.…
Date: August 16, 2021
Docket Number: 20-2801
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and 180-month sentence for offenses involving drug trafficking and possession of a firearm. The court concluded that the district court did not err in denying…
Date: August 16, 2021
Docket Number: 20-3104
Date: August 16, 2021
Docket Number: 20-3107
Date: August 13, 2021
Docket Number: 20-1829
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision ordering petitioner removed. The IJ had granted petitioner relief under the Convention Against Torture (CAT), finding that it was more likely than not…
Date: August 13, 2021
Docket Number: 20-1830
Justia Opinion Summary: The Eighth Circuit affirmed the district court's decision, on remand, that plaintiff has met his burden of showing that he is intellectually disabled and affirmed the district court's vacatur of plaintiff's death…
Date: August 13, 2021
Docket Number: 20-2590
Justia Opinion Summary: After defendant injured plaintiff while defendant was driving a vehicle owned by the US Postal Service, plaintiff filed suit against the United States under the Federal Tort Claims Act (FTCA) and against defendant for…
Date: August 13, 2021
Docket Number: 20-2679
Justia Opinion Summary: After an arbitration panel issued its award in a dispute between J.B. Hunt and BNSF, the district court confirmed the award but denied Hunt's request for additional relief. The Eighth Circuit focused on the substance of…
Date: August 13, 2021
Docket Number: 20-2703
Justia Opinion Summary: The Eighth Circuit affirmed the district court's judgment in favor of defendants in an action brought under 42 U.S.C. 1983 and state negligence law against prison officials, medical staff, and a medical services company…
Date: August 13, 2021
Docket Number: 20-2796
Justia Opinion Summary: Defendant moved twice to suppress evidence of guns, ammunition, and drug paraphernalia that the Kansas City police seized from his apartment. After the district court denied both motions, defendant appealed. Because the…
Date: August 13, 2021
Docket Number: 20-3049
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for distribution of child pornography. The court concluded that there was no reversible error in suppressing defendant's motion to suppress evidence where…
Date: August 12, 2021
Docket Number: 19-3683
Justia Opinion Summary: This case arose out of defendant's incessant and extreme harassment of his ex-girlfriend, L.L., and her partner, D.B. A jury found defendant guilty on all counts of a 15-count indictment and the district court sentenced…
Date: August 12, 2021
Docket Number: 20-1946
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order affirming the Social Security Administration's denial of plaintiff's claim for disability benefits. Plaintiff filed a claim for a period of disability, disability…
Date: August 12, 2021
Docket Number: 20-2200
Justia Opinion Summary: The Eighth Circuit granted a petition for review of the BIA's order denying petitioner and her two daughters' motion to reopen and remand. After petitioners sought asylum, withholding of removal, and protection under the…
Date: August 12, 2021
Docket Number: 20-2954
Justia Opinion Summary: Jim Bakker and Morningside filed suit against several out-of-state defendants in Missouri federal court, alleging that defendants, while acting in their official capacities, violated their First, Fifth, and Fourteenth…
Date: August 11, 2021
Docket Number: 18-2681
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO) based on his involvement with the Crips street gang. The court concluded that the…
Date: August 11, 2021
Docket Number: 20-1171
Justia Opinion Summary: Plaintiff, a Missouri resident, filed suit in state court against her former employer, Ferrellgas, a propane supplier, as well as James Ferrell and Pamela Brueckmann, Kansas residents and employees and officers of…
Date: August 11, 2021
Docket Number: 20-1450
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). Viewing the evidence in the light most favorable to the verdict, the…
Date: August 10, 2021
Docket Number: 19-1364
Justia Opinion Summary: Plaintiffs filed suit challenging Iowa Code Sec. 717A.3A(1)(a)-(b), which makes it a crime for a person to gain access to an agricultural production facility by false pretenses and to make false statements on an…
Date: August 10, 2021
Docket Number: 19-2517
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of the University's motion to dismiss plaintiffs' action under Title IX of the Education Amendments of 1972 for failure to state a claim. Plaintiffs, former players…
Date: August 10, 2021
Docket Number: 20-1536
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to distribute and possession with intent to distribute 500 grams or more of a methamphetamine mixture. The court concluded that there was no error in the…
Date: August 10, 2021
Docket Number: 20-2009
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for making false statements to licensed firearms dealers, in violation of 18 U.S.C. 924(a)(1)(A). Prior to trial, the district court denied defendant's motion to dismiss…
Date: August 10, 2021
Docket Number: 20-2378
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). The court concluded that there was no error in denying defendant's…
Date: August 10, 2021
Docket Number: 20-2676
Justia Opinion Summary: The Eighth Circuit affirmed the district court's adverse grant of summary judgment on plaintiff's political retaliation claim related to disciplinary measures and his ultimate termination from the Sheriff's Office. The…
Date: August 9, 2021
Docket Number: 19-3639
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of the 28 U.S.C. 2254 petition for habeas relief as procedurally defaulted. In this case, petitioner's ineffective-assistance-of-counsel claim was first…
Date: August 9, 2021
Docket Numbers: 20-1368, 20-2081
Justia Opinion Summary: The Eighth Circuit affirmed Defendants Merrett and Frencher's convictions and sentences for crimes related to their membership in a drug trafficking organization. The court affirmed the district court's denial of…
Date: August 9, 2021
Docket Number: 20-1538
Justia Opinion Summary: Plaintiffs filed suit against Peco Foods and Jonathan and DeAnn Vaught, seeking an order that would prevent Peco Foods and the Vaughts from bringing a civil suit against plaintiffs under an Arkansas statute, Ark. Code…
Date: August 9, 2021
Docket Number: 20-1622
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order declining to impose a reduced sentence under the First Step Act of 2018. The court concluded that the district court did not abuse its discretion in deciding not to…
Date: August 9, 2021
Docket Number: 20-2316
Justia Opinion Summary: The Eighth Circuit denied a petition for review challenging the BIA's denial of petitioner's second motion to reopen her immigration proceedings. Having reviewed petitioner's proffered evidence, including her affidavit…
Date: August 9, 2021
Docket Number: 20-2747
Justia Opinion Summary: The Eighth Circuit affirmed the district court's award of $283,609.15 in attorneys' fees to Manning in this action arising out of a contract dispute between Kinder, a general contractor, and Manning, a…
Date: August 6, 2021
Docket Number: 19-3040
Justia Opinion Summary: The Union, Welfare Plan, and Pension Plan filed suit against Anderson Excavating, requesting that the district court order Anderson Excavating to pay the contributions it allegedly owes to the Welfare Plan and Pension…
Date: August 6, 2021
Docket Numbers: 20-1097, 20-1098
Justia Opinion Summary: CRST filed suit alleging that Swift wrongfully recruited and hired long-haul truck drivers who were "under contract" with CRST. Ruling on post-verdict motions, the district court upheld the intentional interference with…
Date: August 6, 2021
Docket Number: 20-1286
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of a petition for writ of habeas corpus where petitioner challenged his 2000 felon-in-possession conviction under Rehaif v. United States, 588 U.S. ---, 139 S.…
Date: August 6, 2021
Docket Number: 20-1994
Date: August 6, 2021
Docket Number: 20-2232
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment to the employer in an action brought by plaintiff, alleging that the employer violated the Nebraska Equal Pay Act and the Nebraska Fair…
Date: August 5, 2021
Docket Number: 19-1180
Justia Opinion Summary: Plaintiff, whose case is part of the Bair Hugger multidistrict litigation (MDL) against 3M, appeals the district court's orders deciding that Ohio substantive law applies in her case and denying her motion for leave to…
Date: August 5, 2021
Docket Numbers: 19-3413, 19-3487
Justia Opinion Summary: A VeroBlue preferred shareholder, FishDish appeals the district court's order granting appellees' motions to dismiss FishDish's appeal of the bankruptcy court order confirming debtors' Chapter 11 plan of reorganization…
Date: August 5, 2021
Docket Number: 20-1049
Justia Opinion Summary: Plaintiff filed suit against Officers Kuykendall and Henry, arguing that they violated his Fourth and First Amendment rights. After the district court denied defendants' motion for summary judgment on the basis of…
Date: August 5, 2021
Docket Number: 20-2365
Justia Opinion Summary: Trustees of five multi-employer benefits funds filed suit against Green Nature under section 515 of the Employee Retirement Income Security Act (ERISA) and section 301 of the Labor Management Relations Act (LMRA),…
Date: August 5, 2021
Docket Number: 20-2833
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order granting summary judgment to Agrifund on the conversion claim Agrifund brought against Heartland. The court concluded that Heartland failed to exercise reasonable…
Date: August 4, 2021
Docket Number: 20-2417
Justia Opinion Summary: The Eighth Circuit denied petitions for review of the BIA's decision affirming the IJ's order denying petitioner and her two minor children's claims for asylum, withholding of removal, and protection under the Convention…
Date: August 4, 2021
Docket Number: 20-2623
Justia Opinion Summary: The Eighth Circuit reversed defendant's revocation sentence and remanded for resentencing on a closed record. The court concluded that the government lacked a reasonably satisfactory explanation for the assault victim's…
Date: August 4, 2021
Docket Number: 20-2842
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for one count of conspiracy to commit wire fraud, two counts of wire fraud, one count of conspiracy to launder money, and two counts of money laundering. The court…
Date: August 3, 2021
Docket Number: 20-1815
Justia Opinion Summary: Plaintiffs, two couples who entered into multiple timeshare contracts with Wyndham, filed suit against Wyndham, alleging various improper trade practices under Missouri law. Wyndham counterclaimed for breach of contract.…
Date: August 3, 2021
Docket Number: 20-2017
Justia Opinion Summary: The Eighth Circuit affirmed the district court's adverse grant of summary judgment on plaintiff's discriminatory discharge and failure to accommodate claims under the Minnesota Human Rights Act (MHRA) against his former…
Date: August 3, 2021
Docket Number: 20-2282
Justia Opinion Summary: CNI owed IPFS the unearned premium from an insurance policy that was cancelled prematurely, but the parties disputed the value of the unearned premium. The district court granted partial summary judgment to IPFS but…
Date: August 2, 2021
Docket Number: 20-1905
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to abusive sexual contact of his 12-year-old daughter. The court concluded that defendant's sentence was not substantively unreasonable…
Date: August 2, 2021
Docket Number: 20-2355
Justia Opinion Summary: The Eighth Circuit denied a petition for review challenging the BIA's order denying petitioner removal relief. The court concluded that petitioner failed to rebut the presumption set out in In re Y-L-, 23 I.&N. Dec. 270,…
Date: July 30, 2021
Docket Number: 20-1960
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of a complaint challenging a COVID-19 public health order entered by St. Louis County in April 2020 which included provisions limiting the size of gatherings in…
Date: July 29, 2021
Docket Number: 20-1128
Justia Opinion Summary: Defendant distributed, received, produced, and possessed child pornography using two separate Facebook accounts: one under his name, and the other under the fictitious name Mike Malone. After the Government tried to…
Date: July 29, 2021
Docket Number: 20-1702
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for conspiracy to distribute methamphetamine. The court concluded that the district court did not abuse its discretion by admitting text messages and transcripts of…
Date: July 29, 2021
Docket Number: 20-1724
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision concluding that petitioner was removeable and denial of his request for a form of cancellation of removal available to children who have been battered…
Date: July 29, 2021
Docket Number: 20-1806
Justia Opinion Summary: Plaintiff, a former employee of the Pine Bluff Arsenal, filed suit against the Army under Title VII of the Civil Rights Act of 1964, alleging that she was subject to a hostile work environment based on sex and that the…
Date: July 29, 2021
Docket Number: 20-1906
Justia Opinion Summary: Plaintiff filed suit against Boeing, alleging that defendants wrongfully escheated her property to the state. The district court granted summary judgment in favor of Boeing. The Eighth Circuit affirmed, concluding that…
Date: July 29, 2021
Docket Number: 20-2086
Justia Opinion Summary: The Eighth Circuit affirmed the district court's partial denial of defendant's motion to suppress evidence. Defendant pleaded guilty to possession with intent to distribute a controlled substance (Count 2), and was…
Date: July 29, 2021
Docket Number: 20-2788
Justia Opinion Summary: The Eighth Circuit affirmed defendant's 180 month sentence imposed after he pleaded guilty to being a felon in possession of a firearm. At sentencing, the district court calculated defendant's Sentencing Guidelines…
Date: July 28, 2021
Docket Number: 20-1783
Justia Opinion Summary: Pepsi previously granted Mahaska exclusive rights to distribute bottles and cans of certain Pepsi products in identified territories. Pepsi also granted Mahaska limited rights to distribute fountain syrup products in…
Date: July 28, 2021
Docket Number: 21-6002
Justia Opinion Summary: The Bankruptcy Appellate Panel dismissed debtor's appeal as moot where he challenged the bankruptcy court's order denying his motion for relief from a previous order denying his request for a waiver of the Bankruptcy…
Date: July 27, 2021
Docket Number: 20-1682
Justia Opinion Summary: The Eighth Circuit dismissed defendant's appeal of his mandatory-minimum sentence of 60 months in prison. The court concluded that, no matter what it decides, defendant's sentence cannot get any shorter. The court…
Date: July 27, 2021
Docket Number: 20-2581
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of the City in an action brought by plaintiffs, challenging its enforcement of the City's zoning regulations against them. Plaintiffs'…
Date: July 27, 2021
Docket Number: 20-3085
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for four counts related to unlawful possession of drugs and a gun. Under the facts of this case the court concluded that defendant cannot show that voir…
Date: July 27, 2021
Docket Number: 20-3103
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for being a felon in possession of a firearm. Assuming without deciding that a justification defense to prosecution under 18 U.S.C. 922(g) is available, the…
Date: July 26, 2021
Docket Number: 19-2763
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of a petition for writ of habeas corpus where petitioner alleged that his trial counsel was ineffective for not providing closing argument during the penalty phase…
Date: July 26, 2021
Docket Number: 20-1228
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for two counts of being a felon in possession of a firearm. Assuming without deciding that defendant has standing to challenge the search, the court…
Date: July 26, 2021
Docket Number: 20-2440
Justia Opinion Summary: In 2018, plaintiffs filed suit against Missouri under Section 5 of the National Voter Registration Act of 1993. Plaintiffs ultimately obtained a preliminary injunction requiring Missouri to send voter registration forms…
Date: July 26, 2021
Docket Numbers: 20-2640, 20-2928
Justia Opinion Summary: This appeal arose out of a construction dispute between Timber Ridge and Quality Structures. After a bench trial, the district court awarded Timber Ridge $22,500 in damages and Quality Structures an amount in excess of…
Date: July 23, 2021
Docket Number: 20-2570
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress and affirmed defendant's conviction for two counts of possessing child pornography. In this case, after a police officer…
Date: July 23, 2021
Docket Number: 20-2752
Justia Opinion Summary: Plaintiff filed suit against the City of Pierre, South Dakota, and one of its police officers, Matthew Shaver, under 42 U.S.C. 1983 in federal district court, alleging that his Fourth Amendment rights were violated. The…
Date: July 22, 2021
Docket Number: 19-3162
Justia Opinion Summary: Plaintiff, a tenured professor, filed suit against MSCU, the University, and five University employees, under 42 U.S.C. 1981 and 1983, claiming various discrimination and retaliation counts. Plaintiff's complaint stemmed…
Date: July 22, 2021
Docket Number: 20-1065
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of PepsiCo in an action brought by Northern, alleging that PepsiCo failed to protect Northern's interests under their exclusive bottling…
Date: July 22, 2021
Docket Number: 20-2359
Justia Opinion Summary: After a Tessier's employee was modifying a hole cover on the roof of an unfinished building when the cover collapsed and he fell 22 feet to the floor below, OSHA issued a citation against Tessier's under 29 C.F.R.…
Date: July 21, 2021
Docket Number: 20-1857
Justia Opinion Summary: The Eighth Circuit affirmed the bankruptcy appellate panel's decision affirming the district court's dismissal of plaintiffs' action based on issue preclusion grounds. Looking to North Dakota preclusion law for the…
Date: July 21, 2021
Docket Number: 20-2170
Justia Opinion Summary: The Eighth Circuit vacated defendant's 72 month sentence for knowingly possessing a stolen firearm and remanded for resentencing before a different district court judge. In this case, defendant and the Government…
Date: July 21, 2021
Docket Number: 20-2171
Justia Opinion Summary: The Eighth Circuit affirmed the district court's second revocation of supervised release and revocation sentence of 12 months' imprisonment. Defendant pleaded guilty to making false statements before a grand jury under…
Date: July 21, 2021
Docket Number: 20-2775
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's decision denying petitioner's request for cancellation of removal. The court concluded that the substitution of an immigration…
Date: July 21, 2021
Docket Numbers: 20-6018, 20-6019
Justia Opinion Summary: The Bankruptcy Appellate Panel affirmed the bankruptcy court's decisions that debt owed by each debtor to Madison related to U.S. Bank in the amount of $1,676,162.20, plus interest, costs and any attorney's fees awarded…
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