2022 Eighth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1082
Date: December 30, 2022
Docket Number: 20-2743
Justia Opinion Summary: Defendants were convicted of committing a carjacking resulting in serious bodily injury. Under a separate count, they were convicted of using and discharging a firearm during and in relation to a crime of violence, the…
Date: December 30, 2022
Docket Number: 20-2770
Justia Opinion Summary: Defendants were convicted of committing a carjacking resulting in serious bodily injury. Under a separate count, they were convicted of using and discharging a firearm during and in relation to a crime of violence, the…
Date: December 29, 2022
Docket Number: 21-3443
Justia Opinion Summary: Defendant was convicted by a jury of one count of being a felon in possession of a firearm. According to the presentence report, Defendant was subject to the ACCA’s mandatory minimum sentence because he had two prior…
Date: December 28, 2022
Docket Number: 21-2279
Justia Opinion Summary: Petitioner a citizen of El Salvador, petitions the court for review of the denial of his application for withholding of removal under the Immigration and Nationality Act (INA) and reversal of withholding of removal under…
Date: December 27, 2022
Docket Number: 21-3355
Justia Opinion Summary: Defendant pleaded guilty to transporting a minor with intent to engage in criminal sexual activity after Defendant pleaded guilty to transporting a minor with intent to engage in criminal sexual activity. He filed a…
Date: December 23, 2022
Docket Number: 21-3826
Justia Opinion Summary: Plaintiff, an attorney, sued the Minnesota Office of Lawyers Professional Responsibility, the Minnesota Lawyers Professional Responsibility Board, associated government officials, and lawyers and other private defendants…
Date: December 22, 2022
Docket Number: 22-1618
Justia Opinion Summary: Defendant stopped Plaintiff for speeding. Plaintiff sued Defendant under 42 U.S.C. Section 1983, alleging, among other things, that Defendant pulled him over without probable cause. The district court denied Defendant’s…
Date: December 22, 2022
Docket Number: 22-2019
Justia Opinion Summary: Defendant appealed the supervised release revocation sentence the district court imposed when it found, after a hearing, that he had committed three Grade C violations -- a new law violation, failure to comply with a…
Date: December 20, 2022
Docket Number: 22-1630
Justia Opinion Summary: Plaintiff sued her former employer, Marsden Building Maintenance, L.L.C., alleging wage discrimination, sex discrimination, and retaliation in violation of the Iowa Civil Rights Act (ICRA). Plaintiff appealed the…
Date: December 19, 2022
Docket Number: 21-3422
Justia Opinion Summary: Plaintiffs, husband and wife, have appealed an order of the district court granting summary judgment for J&M Securities, LLC, in an action arising from disputes over debt collection. The district court concluded that…
Date: December 19, 2022
Docket Number: 22-3175
Justia Opinion Summary: The Eighth Circuit vacated the district court’s orders directing state officials to transport or facilitate testing for purposes of Petitioner’s clemency case. Because argument would not be helpful or assist us in…
Date: December 16, 2022
Docket Number: 22-1305
Justia Opinion Summary: Defendant was convicted by a jury of his peers for possession of child pornography. Defendant challenged the district court’s denial of his motion to suppress and admission of certain evidence. Defendant challenged the…
Date: December 15, 2022
Docket Number: 21-3513
Justia Opinion Summary: A jury convicted Defendant on three counts in connection with his involvement in a methamphetamine and heroin conspiracy. The district court sentenced Defendant to 149 months imprisonment, followed by a 5-year term of…
Date: December 15, 2022
Docket Number: 21-3514
Justia Opinion Summary: Police Lieutenant deployed pepper spray into Plaintiff’s face, during a protest in St. Louis, Missouri. Plaintiff sued the police lieutenant and the City of St. Louis, alleging, federal claims under 42 U.S.C. Section…
Date: December 15, 2022
Docket Number: 21-3895
Justia Opinion Summary: Defendant was indicted and convicted on two counts of production of child pornography in violation of 18 U.S.C. Section 2251(a). The indictment focuses on two secretly recorded videos of M.B., Defendant’s then…
Date: December 15, 2022
Docket Number: 22-1249
Justia Opinion Summary: Petitioner, a 31-year-old man, alleged to be a native and citizen of Honduras present in the United States without being lawfully admitted. Petitioner petitioned for review of an order of the Board of Immigration Appeals…
Date: December 14, 2022
Docket Number: 21-2964
Justia Opinion Summary: Plaintiffs, husband and wife, sued Biomet, Inc. and associated entities (Biomet) after the wife’s M2a Magnum hip implant failed. The M2a Magnum is a large-diameter metal-on-metal hip implant produced by Biomet. The wife…
Date: December 14, 2022
Docket Number: 22-1639
Justia Opinion Summary: The North Dakota Retail Association and the North Dakota Petroleum Marketers Association sued the Board of Governors of the Federal Reserve System, alleging that fees for merchants in debit card transactions violated the…
Date: December 13, 2022
Docket Number: 21-1050
Justia Opinion Summary: Defendant pleaded guilty to possession of a firearm by a felon. The district court1 determined that Defendant qualified for the enhanced statutory minimum sentence under the Armed Career Criminal Act (“ACCA”). Defendant…
Date: December 13, 2022
Docket Number: 21-3890
Justia Opinion Summary: Defendant pled guilty to unlawful possession of a firearm but preserved his right to appeal the district court’s denial of his motion to suppress. Defendant appealed and asked the court to reverse the district court’s…
Date: December 13, 2022
Docket Number: 22-1554
Justia Opinion Summary: Plaintiff, a former employee of Drake University (Drake), brought this action against Drake and her former supervisor, (collectively, Appellees), after her 2019 termination. Plaintiff alleged disability discrimination,…
Date: December 12, 2022
Docket Number: 22-1197
Justia Opinion Summary: After the district court denied his motion to suppress, Defendant’s conditionally pleaded guilty to possession with intent to distribute a controlled substance. The court sentenced Defendant to 126 months imprisonment,…
Date: December 9, 2022
Docket Number: 21-1826
Justia Opinion Summary: Plaintiffs sued various officials of the State of Arkansas, alleging that these officials (collectively, “ADHS defendants”) violated their due process rights under the Fourteenth Amendment. The officials moved to dismiss…
Date: December 9, 2022
Docket Number: 21-1890
Justia Opinion Summary: The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System, and the University of Mary (collectively, “RSM plaintiffs”) filed suit, alleging that the Department of Health and Human Services…
Date: December 9, 2022
Docket Number: 21-2039
Justia Opinion Summary: Defendant entered a conditional plea of guilty to one count of being a felon in possession of ammunition. Defendant reserved his right to appeal the district court’s denial of his motion to suppress and subsequently…
Date: December 9, 2022
Docket Number: 22-1050
Justia Opinion Summary: A collective bargaining agreement (“CBA”) required RoadSafe Traffic Systems, Inc. to contribute to four employee benefits Funds. The Funds sued for unpaid contributions, alleging that the CBA unambiguously requires…
Date: December 8, 2022
Docket Number: 22-1723
Justia Opinion Summary: PIRS Capital, LLC (“PIRS”), appeals the district court’s order that affirmed the bankruptcy court’s April 2021 order denying PIRS’s motion to set aside a January 2018 default judgment in the amount of $157,214. PIRS…
Date: December 6, 2022
Docket Number: 21-1289
Justia Opinion Summary: Defendant violated her joint custody agreement with Petitioner by traveling from Switzerland to the United States with their then-12- year-old daughter, M.D., in July 2020. Petitioner filed a petition seeking M.D.’s…
Date: December 6, 2022
Docket Number: 21-3648
Justia Opinion Summary: GWG DLP Funding V, LLC was the policy owner and beneficiary of a life insurance policy issued by PHL Variable Insurance Company. After GWG transferred beneficiary rights and ownership to Wells Fargo, PHL terminated the…
Date: December 6, 2022
Docket Number: 21-3928
Justia Opinion Summary: A jury convicted Defendants of conspiracy to distribute 500 grams or more of methamphetamine. After the trial, the district court denied their motions for acquittal. Defendants appealed, arguing the evidence is…
Date: December 2, 2022
Docket Number: 22-1066
Justia Opinion Summary: Defendant entered a conditional guilty plea to narcotics and ammunition charges after the trail court denied his motion to suppress GPS locational data and subsequent post0-Miranda statements made to detectivews. Law…
Date: December 1, 2022
Docket Number: 22-1389
Justia Opinion Summary: Defendant served a 48-month sentence for use of interstate facilities to promote prostitution and began a three-year term of supervised release in October 2020. The district court first revoked supervised release on…
Date: December 1, 2022
Docket Number: 22-1872
Justia Opinion Summary: Plaintiff sued the United States of America for injuries sustained from a fall on federal property. Specifically, he points to the General Services Administration’s (“GSA”) commitment to “making Federal buildings and…
Date: November 30, 2022
Docket Number: 21-3082
Justia Opinion Summary: The Anoka County Jail referred every detainee born outside the United States, including Plaintiff, to Immigration and Customs Enforcement. The district court determined that this policy violates the Equal Protection…
Date: November 29, 2022
Docket Number: 22-2092
Justia Opinion Summary: Defendant walked away from the Fort Des Moines Residential Reentry Center (RRC), where he had been placed during the supervised release portion of his sentence for a firearms violation. He was later arrested and charged…
Date: November 28, 2022
Docket Number: 21-3567
Justia Opinion Summary: Plaintiffs in these 177 consolidated appeals1 were participants in a 401(k) Profit Sharing Plan (the “Plan”) provided to employees by DST Systems, Inc. (“DST”), a financial and healthcare services company based in Kansas…
Date: November 28, 2022
Docket Number: 22-1309
Justia Opinion Summary: Defendant received a 120-month prison sentence after he threatened to “kill some” government employees and assaulted two guards. Although he requested a downward departure based on his mental-health problems, the…
Date: November 23, 2022
Docket Number: 21-3196
Justia Opinion Summary: This case concerns a $225,000 life insurance policy issued on the life of C.S. When C.S. died in 2018, his estate (“Estate”) made a claim for the policy proceeds. His former employer, Kansas City Chrome Shop (“KCCS”),…
Date: November 23, 2022
Docket Number: 21-3364
Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, applied for cancellation of removal pursuant to 8 U.S.C. Section 1229b(b)(1). He has three children, who were 19, 10, and 5 years old at the time of the merits hearing in…
Date: November 22, 2022
Docket Number: 21-3327
Justia Opinion Summary: Defendant was convicted of four counts related to the distribution of controlled substances. On appeal, Defendant challenges three evidentiary rulings made by the district court during his trial. He argued that the…
Date: November 22, 2022
Docket Number: 21-3367
Justia Opinion Summary: Plaintiffs own 375 Slane Chapel Road, LLC (“375”), a limited liability company that owns and operates a substantial vacation home adjacent to Table Rock Lake in Stone County, Missouri. When Plaintiffs' personal use of…
Date: November 22, 2022
Docket Number: 22-6004
Justia Opinion Summary: A Debtor is appealing a bankruptcy court order dated June 30, 2022 (the “Order”) which disposes of a multitude of matters that were before the court. At the core of this appeal are the Debtor’s repeated motions to reopen…
Date: November 21, 2022
Docket Number: 21-1800
Justia Opinion Summary: The Department of Homeland Security commenced removal proceedings after Petitioner, a citizen of Cameroon, entered the United States on November 30, 2019, in Laredo, Texas. Petitioner conceded removability, but sought…
Date: November 21, 2022
Docket Number: 21-3816
Justia Opinion Summary: Defendant was arrested in connection to a narcoticcs trafficking operation after police pulled over the vehicle he was riding in as a passenger. The driver consented to a search, during which offers found heroin.…
Date: November 17, 2022
Docket Number: 21-3009
Justia Opinion Summary: Plaintiff worked as a security officer at the Center for Behavioral Medicine (CBM). Plaintiff sued CBM, alleging a racially hostile environment, disparate treatment based on race, retaliation, and constructive discharge…
Date: November 16, 2022
Docket Number: 21-2417
Justia Opinion Summary: Plaintiff sued St. Luke’s pursuant to the Americans with Disabilities Act (“ADA”), the Missouri Human Rights Act (“MHRA”), Title VII of the Civil Rights Act of 1964, and 42 U.S.C. Section 1981. Plaintiff alleged that St.…
Date: November 16, 2022
Docket Number: 21-3770
Justia Opinion Summary: Petitioner moved for the BIA to reopen his cancellation of removal proceedings so he could present new evidence of alleged “exceptional and extremely unusual hardship” to his United States citizen children. The BIA…
Date: November 16, 2022
Docket Number: 21-3791
Justia Opinion Summary: BPP sued CaremarkPCS Health, L.L.C. and Welltok, Inc., alleging a violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. Section 227. The district court granted Caremark and Welltok’s motion for summary…
Date: November 15, 2022
Docket Number: 21-2028
Justia Opinion Summary: Plaintiff woke up in an Illinois motel room without any feeling in his arms; he was later diagnosed in Missouri with bilateral shoulder impingement syndrome. Four years later, Plaintiff and his wife filed an action…
Date: November 15, 2022
Docket Number: 21-3534
Justia Opinion Summary: After Defendant’s Arkansas home burned to the ground, her insurer, Hiscox Dedicated Corporate Member Limited (a "capital provider" to an underwriting syndicate doing business within the Lloyd's of London insurance…
Date: November 15, 2022
Docket Number: 22-1396
Justia Opinion Summary: Pocket Plus, LLC, sued Pike Brands, LLC (“Running Buddy”) for trade-dress infringement of Pocket Plus’s portable pouch. The district court granted summary judgment to Running Buddy and awarded it a portion of its…
Date: November 14, 2022
Docket Number: 22-3179
Justia Opinion Summary: Plaintiff States’ requested to preliminarily enjoin the United States Secretary of Education (“Secretary”) from implementing a plan to discharge student loan debt under the Higher Education Relief Opportunities for…
Date: November 10, 2022
Docket Number: 21-3376
Justia Opinion Summary: Plaintiff, a campus police officer, initiated a retaliation action after he was terminated following an incident where he responded to a call for an intoxicated man who had lost consciousness. Employer's reason for…
Date: November 10, 2022
Docket Number: 21-3794
Justia Opinion Summary: Several dog owners sued the City of Council Bluffs challenging the constitutionality of an ordinance prohibiting “pit bulls" under 42 Sec. 1983. The trial court granted the City's motion for summary judgment, finding…
Date: November 10, 2022
Docket Number: 22-1222
Justia Opinion Summary: Defendant entered a conditional guilty plea to being a felon in possession of a firearm, preserving his right to appeal the district court's denial of his motion to suppress. The Eighth Circuit affirmed Defendant's…
Date: November 9, 2022
Docket Number: 21-3256
Justia Opinion Summary: Plaintiffs filed a civil suit against an insurer based on allegations that the insurer negligently advised them that they did not need to purchase a builder's risk policy for a hotel project. The district court granted…
Date: November 8, 2022
Docket Number: 21-3435
Justia Opinion Summary: The Arkansas Video Service Act of 2013 (VSA) establishes a statewide franchising scheme for authorizing video service providers to provide services in political subdivisions within the state. Netflix and Hulu were…
Date: November 4, 2022
Docket Number: 22-1071
Justia Opinion Summary: Defendant worked as a salesman at a retail flooring store. The company gave Defendant a cell phone, which he was allowed to take home and use as a personal phone. After a co-worker alleged in 2020 that Defendant had used…
Date: November 2, 2022
Docket Number: 21-3166
Justia Opinion Summary: A jury found Defendant guilty of sex trafficking of a minor. Defendant raised several issues on appeal. First, he argues that the district court violated his Sixth Amendment right to self-representation by denying his…
Date: November 2, 2022
Docket Number: 21-3792
Justia Opinion Summary: Defendant repeatedly assaulted his victim, beating her with a pistol, restraining her in a car, and threatening to kill her. This was not his first such offense. He pled guilty to possession of a firearm by a prohibited…
Date: November 1, 2022
Docket Number: 21-2428
Justia Opinion Summary: Dakotans for Health (“DFH”), a South Dakota ballot question committee, sought to place a constitutional amendment measure on South Dakota’s 2022 general election ballot. To get on the ballot, DFH would need to submit…
Date: November 1, 2022
Docket Number: 21-2640
Justia Opinion Summary: The St. Louis County Police Department (“SLCPD”) in Missouri utilizes what it calls a “Wanteds System.” This system allows officers to issue electronic notices (“Wanteds”) authorizing any other officer to seize a person…
Date: November 1, 2022
Docket Number: 21-2900
Justia Opinion Summary: Petitioners natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals’ (BIA) denial of Petitioners’ motion to reconsider the BIA’s prior order, which upheld the immigration judge’s (IJ)…
Date: November 1, 2022
Docket Number: 22-1267
Justia Opinion Summary: Defendant began supervision in November 2020. He struggled reacclimating to society. Although he started a business and, for a time, underwent substance-abuse and mental-health treatment, he never stopped using meth. In…
Date: November 1, 2022
Docket Number: 22-1288
Justia Opinion Summary: Plaintiff attended protests in downtown St. Louis. While she was leaving, an armored St. Louis Metropolitan Police Department (“SLMPD”) vehicle fired tear gas in her direction. Plaintiff sued the City of St. Louis, 12…
Date: November 1, 2022
Docket Number: 22-1617
Justia Opinion Summary: Plaintiff appealed the district court’s1 order upholding the Commissioner of the Social Security Administration’s (Commissioner) denial of Social Security disability insurance benefits, arguing that the Commissioner’s…
Date: October 31, 2022
Docket Number: 21-3885
Justia Opinion Summary: An officer initiated a traffic stop of Plaintiff. Plaintiff felt the stop was pretextual, and fled. The officer initiated a PIT maneuver to end the pursuit, causing Plaintiff crashed his vehicle into a light pole and was…
Date: October 28, 2022
Docket Number: 21-3541
Justia Opinion Summary: Defendant appealed the district court’s denial of his motion to dismiss the Government’s petition for civil commitment under 18 U.S.C. Section 4246. Defendant argued that the Middle District of Tennessee violated the…
Date: October 24, 2022
Docket Number: 21-3618
Justia Opinion Summary: =Public Water Supply District No. 1 of Greene County, Missouri (“PWSD”) and the City of Springfield, Missouri (the “City”) filed cross motions for summary judgment, and the district court1 granted summary judgment in…
Date: October 21, 2022
Docket Number: 21-3013
Justia Opinion Summary: In response to President Biden's Executive Order 13990, the State of Missouri and twelve other States ("the States") then filed this action against President Biden, the Interagency Working Group on the Social Cost of…
Date: October 20, 2022
Docket Number: 21-2683
Justia Opinion Summary: A jury convicted Defendant n of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. The district court sentenced him to a term of 300 months in prison. Defendant appealed…
Date: October 20, 2022
Docket Number: 21-3504
Justia Opinion Summary: Plaintiff sued police officer under 42 U.S.C. Section 1983 after the police officer deployed pepper spray in Plaintiff’s face. The district court concluded that Plaintiff was engaged in protest activity protected by the…
Date: October 19, 2022
Docket Number: 21-3870
Justia Opinion Summary: Defendant previously pleaded guilty to selling cocaine in Minnesota on two separate occasions. The district court held that these two convictions were not "serious drug offense[s]" under the Armed Career Criminal Act…
Date: October 18, 2022
Docket Number: 21-3929
Justia Opinion Summary: Plaintiff sought accidental death benefits under an employee benefit plan governed by the Employee Retirement Income and Security Act of 1974 (ERISA) after his wife died from injecting herself with a cocktail of…
Date: October 17, 2022
Docket Number: 21-3237
Justia Opinion Summary: Defendant pleaded guilty in 2021 to unlawful possession of a firearm as a previously convicted felon, in violation of 18 U.S.C. Sections 922(g)(1) and 924(a)(2). Applying circuit precedent, the district court1 determined…
Date: October 12, 2022
Docket Number: 21-2749
Justia Opinion Summary: Defendant, MidAmerican, selected a defined-contribution plan, which can rise in value over time but includes no fixed payments. Plaintiffs alleged their employer failed to properly manage and monitor the costs of the…
Date: October 12, 2022
Docket Number: 21-2894
Justia Opinion Summary: Appellants distribute food to homeless people in the City of St. Louis and wish to continue doing so as part of their charitable and religious practice a St. Louis police officer observed Appellants distributing bologna…
Date: October 11, 2022
Docket Number: 21-3979
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and ammunition, and the district court sentenced her to 42 months in prison. She maintained that her sentence is unreasonably high. The Eighth…
Date: October 7, 2022
Docket Number: 21-1572
Justia Opinion Summary: Plaintiff brought suit against LAMMICO d/b/a Lammico Risk Retension Group, Inc. (LAMMICO); Mercy Hospital-Fort Smith (Mercy); various doctors, Mercy Clinic Fort Smith Communities; and John Does 1-10, alleging liability…
Date: October 6, 2022
Docket Number: 21-3150
Justia Opinion Summary: Plaintiff saw Cognium, a “nutraceutical” manufactured by Natrol, on sale. Cognium, according to Natrol’s advertising, improves memory and concentration. Its packaging stated that Cognium is “powered by Cera-Q, a natural…
Date: October 6, 2022
Docket Number: 21-3942
Justia Opinion Summary: The district court convicted Defendant of two controlled substance offenses, and of being a felon in possession of ammunition. The issue on appeal is the third element of this offense, whether the Government proved…
Date: October 5, 2022
Docket Number: 22-1175
Justia Opinion Summary: During proceedings to determine whether Defendant had violated the conditions of his supervised release, Defendant asked the district court to allow him to appear without a lawyer. The court granted his request and,…
Date: October 4, 2022
Docket Number: 20-3441
Justia Opinion Summary: The Eighth Circuit reviewed a case for the second time regarding “whether a South Dakota tax on nonmember activity on the Flandreau Indian Reservation (the Reservation) in Moody County, South Dakota is preempted by…
Date: September 29, 2022
Docket Number: 22-1004
Justia Opinion Summary: Defendant pleaded guilty to violating the Travel Act by facilitating prostitution, served her fifteen-month prison sentence, and began a three-year period of supervised release in July 2020. In the following eighteen…
Date: September 27, 2022
Docket Number: 21-3568
Justia Opinion Summary: Defendant was charged with and pleaded guilty to unlawful possession of a firearm by a felon. The presentence investigation report recommended an advisory guidelines sentencing range of 57 to 71 months imprisonment,…
Date: September 21, 2022
Docket Number: 21-2763
Justia Opinion Summary: Plaintiff brought suit in state court against the officers for violation of his rights under the Fourth Amendment to the Federal Constitution and under Article I, Section 8 of the Iowa Constitution and for conspiracy to…
Date: September 20, 2022
Docket Number: 21-2642
Justia Opinion Summary: Defendant pleaded guilty to one count of possession of an unregistered National Firearms Act firearm. On appeal, Defendant argued that the district court erred in denying his motion to suppress evidence obtained from the…
Date: September 19, 2022
Docket Number: 21-2632
Justia Opinion Summary: Plaintiff Courthouse News is a national “news service that reports on civil litigation in state and federal courts throughout the country.” When Missouri switched to an e-filing system, same-day access became the…
Date: September 14, 2022
Docket Number: 21-2127
Justia Opinion Summary: The district court entered a Consent Decree between the City of Fort Smith, Arkansas (the City), and the United States Environmental Protection Agency (EPA) along with the State of Arkansas. The Consent Decree imposed…
Date: September 13, 2022
Docket Number: 21-2707
Justia Opinion Summary: Plaintiff fell victim to a massive Ponzi scheme. Plaintiff sued JP Morgan and Richter Consulting. Plaintiff’s principal theory is that these firms aided and abetted fraud. And even if they did not, the complaint alleges…
Date: September 9, 2022
Docket Number: 21-2187
Justia Opinion Summary: Defendant appealed a sentence of 240 months imprisonment imposed by the district court after he was convicted of a drug trafficking offense and two firearms offenses. The district court determined that Defendant was a…
Date: September 9, 2022
Docket Number: 21-3114
Justia Opinion Summary: A jury convicted Defendant of possessing materials containing child pornography. The Violence Against Women Act of 1994 also required the court to order restitution to the victims of Defendant’s child pornography…
Date: September 8, 2022
Docket Number: 21-1113
Justia Opinion Summary: This case concerns the application of two Minnesota statutes and a rule promulgated by the Minnesota Department of Agriculture (MDA) that establishes the liability of a parent company for the unmet contractual…
Date: September 6, 2022
Docket Number: 21-1881
Justia Opinion Summary: Defendant challenged a sentence imposed by the district court after revocation of Corn’s term of supervised release. Defendant’s principal argument on appeal is that his revocation sentence exceeds the maximum term…
Date: September 6, 2022
Docket Number: 21-2443
Justia Opinion Summary: After being hit by an under-insured motorist, Plaintiff experienced worsening symptoms from his Parkinson’s disease. His condition eventually deteriorated to the point that he could no longer work as a doctor. Plaintiff…
Date: September 6, 2022
Docket Number: 21-2925
Justia Opinion Summary: Plaintiff suffered serious injuries when his motorcycle collided with a car driven by a negligent motorist. After exhausting its liability limits, he next looked to the underinsured-motorist benefits of a policy covering…
Date: September 6, 2022
Docket Number: 21-3010
Justia Opinion Summary: Plaintiff sued I.C. System, Inc. (ICS) under the Fair Debt Collection Practices Act (FDCPA) for violating 15 U.S.C. Section 1692c(b), which prohibits a debt collector from contacting a third party about the collection of…
Date: September 2, 2022
Docket Number: 21-2026
Justia Opinion Summary: Principal Life Insurance Company (Principal) offers a product called the Principal Fixed Income Option (PFIO), a stable value contract, to employer-sponsored 401(k) plans. Plaintiff on behalf of himself and a class of…
Date: September 2, 2022
Docket Number: 21-3487
Justia Opinion Summary: Defendant was charged with federal offenses of cyberstalking and extortion after he sent a series of e-mails to a candidate for the Nebraska legislature. A jury acquitted Defendant of extortion but convicted him of…
Date: September 1, 2022
Docket Number: 21-3046
Justia Opinion Summary: This insurance coverage dispute involves claims for coverage by Doe Run Resources Corporation against its insurer, St. Paul Fire & Marine Insurance Company, stemming from multiple lawsuits against Doe Run’s Peruvian…
Date: September 1, 2022
Docket Number: 21-3072
Justia Opinion Summary: Two doctors missed Plaintiff’s cancer: Dr. P.J. in March 2015, and Dr. J.B in January 2018. After another doctor eventually discovered cancer, Plaintiff sued both Dr. P.J and Dr. J.B., arguing that their negligence…
Date: August 31, 2022
Docket Number: 21-1970
Justia Opinion Summary: Petitioners, the owners of a large ranch in rural North Dakota, filed this petition for review related to their challenge of the Environmental Protection Agency’s (EPA) renewal of a Clean Air Act (CAA) Title V operating…
Date: August 31, 2022
Docket Number: 21-2936
Justia Opinion Summary: Appellants (the “Bullion Traders”) are a collection of in-state and out-of-state precious metal traders or representatives thereof challenging the constitutionality of Minnesota Statutes Chapter 80G, which regulates…
Date: August 31, 2022
Docket Number: 21-3547
Justia Opinion Summary: Defendant, a former state senator, and others were convicted of several offenses related to bribery and kickback schemes involving state funds. Approximately six months after the Eighth Circuit issued an opinion…
Date: August 31, 2022
Docket Number: 22-2268
Justia Opinion Summary: Plaintiffs, an individual and a registered Nebraska ballot campaign committee, challenged as contrary to the Equal Protection Clause a provision in the Nebraska constitution that establishes a signature requirement for…
Date: August 30, 2022
Docket Number: 19-3019
Justia Opinion Summary: A class of inmates who were juvenile offenders sued the state officials responsible for administering the parole process. The inmates alleged that the policies and practices of the parole officials violated their rights…
Date: August 30, 2022
Docket Number: 21-2286
Justia Opinion Summary: A jury convicted Defendant of conspiracy to distribute tetrahydrocannabinol (THC), in violation of 21 U.S.C. Sections 841(a)(1), 841(b)(1)(C), and 846. Defendant appealed, arguing that the district court (1) abused its…
Date: August 30, 2022
Docket Number: 21-2369
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. He appealed the district court’s application of the career-offender sentencing enhancement…
Date: August 30, 2022
Docket Number: 21-2498
Justia Opinion Summary: The Northwest Arkansas Conservation Authority is a public corporation created to handle wastewater treatment for municipalities in northwest Arkansas. After a series of pipeline failures, the Authority sued the pipeline…
Date: August 30, 2022
Docket Number: 21-2719
Justia Opinion Summary: Plaintiffs, independent contractors of American Family Life Insurance Company of Columbus (Aflac), alleged that an Aflac employee, sexually assaulted Plaintiff in her hotel room during a work conference in St. Louis,…
Date: August 30, 2022
Docket Number: 21-3134
Justia Opinion Summary: Plaintiff wife of decedent and executor of the estate of the decedent, brought suit under the Federal Tort Claims Act (FTCA). The district court granted summary judgment to the government, dismissing the suit with…
Date: August 30, 2022
Docket Number: 21-3833
Justia Opinion Summary: Plaintiff, Prince’s photographer, claims his former collaborators and a potential investor in a book project kept his photographs and used them without permission. He sued. The district court granted summary judgment to…
Date: August 30, 2022
Docket Number: 21-3913
Justia Opinion Summary: Three elderly individuals spent tens of thousands of dollars buying collectible coins, often priced far above market value, from Asset Marketing Services, LLC (“AMS”). They sued AMS for violating Minnesota law. AMS moved…
Date: August 29, 2022
Docket Number: 21-3453
Justia Opinion Summary: Plaintiff made contributions to a 401(k) plan during her employment at Honeywell International Inc. She originally designated her husband, Defendant, as the sole beneficiary in the event of her death. The parties later…
Date: August 26, 2022
Docket Number: 21-2291
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute cocaine base in 1997 and sentenced to 240 months imprisonment followed by 10 years’ supervised release, which, at the time, were minimum terms. The Eighth Circuit…
Date: August 26, 2022
Docket Number: 21-2898
Justia Opinion Summary: Plaintiff was severely injured in a crash while he was driving a Peterbilt semi-truck. He sued the truck’s manufacturer, PACCAR, Inc. (PACCAR), alleging that the truck’s defective design caused his injuries. A jury…
Date: August 25, 2022
Docket Numbers: 19-3006, 19-3105
Justia Opinion Summary: Defendant was convicted by an Arkansas jury on two counts of capital murder and sentenced to death. After the district court denied his second amended petition for a writ of habeas corpus, the Eighth Circuit vacated the…
Date: August 25, 2022
Docket Numbers: 20-2061, 20-2068
Justia Opinion Summary: In this class action, participants in a drug and alcohol recovery program alleged the program assigned them to work for defendant Hendren, a private company that paid the program for their services. Plaintiffs alleged…
Date: August 25, 2022
Docket Number: 21-2875
Justia Opinion Summary: Plaintiffs, a transgender youth, their parents, and two healthcare professionals, sought to enjoin Arkansas Act 626, which prohibits healthcare professionals from providing gender transition procedures to any individual…
Date: August 24, 2022
Docket Number: 21-1676
Justia Opinion Summary: A jury convicted Defendant of distributing more than 50 grams of cocaine base. The district court sentenced Defendant to life in prison on this count. Defendant moved for a sentence reduction under Section 404 of the…
Date: August 24, 2022
Docket Number: 21-2263
Justia Opinion Summary: This product liability case arises out of the multidistrict litigation (“MDL”) proceedings regarding Biomet’s M2a Magnum hip-replacement device. After experiencing complications from a hip replacement surgery using the…
Date: August 24, 2022
Docket Number: 21-3067
Justia Opinion Summary: Plaintiffs appealed the district court’s denial of their motion to remand and adverse grant of summary judgment in this diversity action arising out of a slip-and-fall on Ameristar Casino Kansas City, LLC’s property.…
Date: August 23, 2022
Docket Number: 21-3031
Justia Opinion Summary: Defendant pleaded guilty to one count of illegal possession of firearms and ammunition and two counts of possession of unregistered firearms. Defendant preserved his right to appeal the district court’s denial of his…
Date: August 22, 2022
Docket Number: 21-1334
Justia Opinion Summary: Northshore Mining Company filed a petition for review of a Mine Safety and Health Administration (MSHA) order stating that Northshore had failed to maintain the walkway in good condition after an employee was injured in…
Date: August 22, 2022
Docket Number: 21-3773
Justia Opinion Summary: Plaintiff filed Racketeer Influenced and Corrupt Organizations Act (“RICO”) claims against several parties after a family-help ranch was sold to a corporate entity against his knowledge. In 1961, Plaintiff’s father and…
Date: August 19, 2022
Docket Number: 21-2827
Justia Opinion Summary: A jury convicted Defendant of two counts of distributing heroin. Before trial Defendant filed multiple motions in limine seeking to prevent the government from introducing certain evidence. Defendant now appeals the…
Date: August 18, 2022
Docket Number: 21-2130
Justia Opinion Summary: Defendant appealed the denial of his motion to suppress, having preserved the right to do so pursuant to his conditional plea of guilty. He also appeals his sentence, challenging his classification as an armed career…
Date: August 18, 2022
Docket Number: 21-2413
Justia Opinion Summary: A jury convicted Defendant of being a felon in possession of a firearm. Defendant challenged the admission of his prior felony firearm conviction under Federal Rule of Evidence 404(b). He also appealed the procedural and…
Date: August 18, 2022
Docket Number: 21-3691
Justia Opinion Summary: Plaintiff appealed from the district court’s judgment upholding the Social Security Commissioner’s denial of her application for social security disability insurance benefits. She argues that the administrative law judge…
Date: August 17, 2022
Docket Number: 21-2684
Justia Opinion Summary: After a bench trial, the district court convicted Defendant on one count each of receipt and possession of child pornography under 18 U.S.C. Section 2252A(a)(2)(A) and (5)(B) and sentenced him to 97 months imprisonment.…
Date: August 17, 2022
Docket Number: 21-2769
Justia Opinion Summary: Defendant was convicted by a jury of possession of a firearm by a prohibited person, in violation of 18 U.S.C. Section 922(g)(9), and possession of a firearm with an obliterated serial number, in violation of 18 U.S.C.…
Date: August 17, 2022
Docket Number: 21-3881
Justia Opinion Summary: Plaintiff resigned from his employment as a surgeon with Mayo Clinic (“Mayo”) after an internal committee recommended his termination following an investigation into allegations of his misconduct. Plaintiff sued Mayo and…
Date: August 16, 2022
Docket Number: 20-3425
Justia Opinion Summary: Plaintiff commenced an action n against two credit reporting agencies (“CRAs”), Experian Information Solutions, Inc. (“Experian”) and Trans Union, LLC (“Trans Union”), for alleged violations of the Fair Credit Reporting…
Date: August 16, 2022
Docket Number: 21-1965
Justia Opinion Summary: Plaintiff and other death-row prisoners in Arkansas sued the governor and a corrections official, arguing that Arkansas’s three-drug execution protocol violates the Eighth Amendment. After a bench trial, the district…
Date: August 16, 2022
Docket Number: 21-2863
Justia Opinion Summary: Plaintiff initiated action against Experian Information Solutions (“Experian”), alleging a violation of the Fair Credit Reporting Act, 15 U.S.C. Section 1681 (“FCRA”). The district court found that Plaintiff failed to…
Date: August 16, 2022
Docket Number: 21-3039
Justia Opinion Summary: Plaintiff sued, now retired, police officer, after an encounter that led to Klein’s arrest and a truncated prosecution. The district court granted Defendant’s motion for summary judgment, and Plaintiff appealed the…
Date: August 15, 2022
Docket Number: 20-3687
Justia Opinion Summary: Defendant entered a conditional guilty plea to a charge of conspiracy to distribute methamphetamine. She reserved her right to appeal an order of the district court denying her motion to suppress evidence that police…
Date: August 15, 2022
Docket Number: 21-2096
Justia Opinion Summary: A jury convicted Defendant of being a felon in possession of a firearm. Defendant appealed, arguing that evidence from his iPhone should have been suppressed because the government delayed unreasonably before seeking a…
Date: August 15, 2022
Docket Number: 21-2166
Justia Opinion Summary: Petitioner petitions for review of a decision of the Board of Immigration Appeals denying his application for relief from removal to Iraq. The Eighth Circuit concluded that there is no basis to set aside the decision of…
Date: August 15, 2022
Docket Number: 21-2415
Justia Opinion Summary: Defendant pleaded guilty to transportation of child pornography in violation of 18 U.S.C. Sections 2252A(a)(1) and (b)(1). At sentencing, the district court determined an advisory guidelines sentencing range of 108 to…
Date: August 15, 2022
Docket Number: 21-2463
Justia Opinion Summary: Defendant was convicted of kidnapping resulting in death and conspiracy to commit kidnapping. On appeal, Defendant challenges several rulings of the district court* and the sufficiency of the evidence in support of the…
Date: August 15, 2022
Docket Number: 21-2467
Justia Opinion Summary: Plaintiff sued Defendant, a police officer in Pine Bluff, Arkansas, for use of excessive force, pursuant to 42 U.S.C. Section 1983. Defendant moved for summary judgment, raising the defense of qualified immunity. The…
Date: August 15, 2022
Docket Number: 21-2564
Justia Opinion Summary: In 2020, Kansas City began restricting participation in its Minority Business Enterprises and Women’s Business Enterprises Program to those entities whose owners satisfied a personal net worth limitation. Mark One…
Date: August 12, 2022
Docket Number: 21-3130
Justia Opinion Summary: Defendant sold capsules of heroin that contained fentanyl to a confidential source in the St. Louis metro area. A superseding indictment charged Defendant with conspiracy to distribute heroin and fentanyl between June…
Date: August 12, 2022
Docket Number: 21-3336
Justia Opinion Summary: Defendant pleaded guilty to bank robbery. The presentence investigation report (PSR) recommended applying a five-level sentencing enhancement for possessing or brandishing a firearm during the robbery. Overruling…
Date: August 12, 2022
Docket Number: 21-3399
Justia Opinion Summary: Defendant pleaded guilty to possessing a firearm as a felon. 18 U.S.C. Section 922(g)(1). The district court imposed a fifteen-year mandatory-minimum sentence under the Armed Career Criminal Act after concluding that…
Date: August 12, 2022
Docket Number: 21-3448
Justia Opinion Summary: Facing five child-pornography counts and one for enticing a minor, Defendant decided to enter into a plea agreement with the government. Of the six counts, he pleaded guilty to three of them: two for receiving child…
Date: August 11, 2022
Docket Number: 21-2418
Justia Opinion Summary: Three Anoka County residents sued a school district and teachers’ union about their union leave and reimbursement plan, alleging constitutional and statutory violations. The district court dismissed the case for lack of…
Date: August 11, 2022
Docket Number: 21-2541
Justia Opinion Summary: A jury convicted Defendant of aggravated bank robbery, and the district court sentenced him to mandatory life imprisonment under the federal “three strikes” law. Defendant appealed his conviction and sentence. On appeal,…
Date: August 10, 2022
Docket Number: 20-2756
Justia Opinion Summary: The district court sentenced Defendant to concurrent terms of 280 months’ imprisonment on the sex trafficking offenses and a consecutive 120 months for committing a felony involving a minor while a registered sex…
Date: August 10, 2022
Docket Number: 21-2309
Justia Opinion Summary: Petitioner entered the United States as a refugee in New York City, New York when he was 16 years old. His status was subsequently adjusted to lawful permanent resident on June 26, 1999. Petitioner’s parents became…
Date: August 10, 2022
Docket Number: 21-2929
Justia Opinion Summary: Defendant, a federal inmate, appeals an order of the district court directing the Bureau of Prisons to turn over all funds in Defendant’s inmate trust account for payment toward an outstanding restitution obligation.…
Date: August 10, 2022
Docket Number: 21-3243
Justia Opinion Summary: Petitioner a citizen and native of Eritrea, petitions for review of an order of the Board of Immigration Appeals denying relief under the Convention Against Torture. An immigration judge granted Petitioner deferral of…
Date: August 10, 2022
Docket Number: 21-3478
Justia Opinion Summary: Defendant alleges that during the third revocation hearing, the district court violated his right to due process because it forced him to proceed either with an incompetent attorney or without any attorney at all. The…
Date: August 10, 2022
Docket Number: 21-3879
Justia Opinion Summary: Defendant pleaded guilty to possessing a controlled substance with intent to distribute and being a felon in possession of a firearm. The district court determined that Defendant was a career offender under Section 4B1.1…
Date: August 9, 2022
Docket Number: 21-2121
Justia Opinion Summary: The district court granted Perficient, Inc.’s motion for summary judgment against Defendants. It awarded nominal damages and attorney’s fees to Perficient, but its orders did not quantify the amount of the award.…
Date: August 9, 2022
Docket Number: 21-2160
Justia Opinion Summary: Plaintiff worked at the University of Minnesota Duluth (UMD) as the women’s softball head coach and part-time Director of Operations for the women’s hockey team. After UMD relieved Plaintiff of her hockey duties, she…
Date: August 9, 2022
Docket Number: 21-2396
Justia Opinion Summary: Defendant pled guilty to unlawfully possessing a firearm as a felon. He appealed the district court’s conclusion that his prior Arkansas burglary convictions were separate offenses, rendering him an armed career criminal…
Date: August 9, 2022
Docket Number: 21-2781
Justia Opinion Summary: Defendant was convicted of a firearms offense after police seized evidence during a traffic stop. The district court sentenced Defendant to a term of forty-eight months’ imprisonment. Defendant appealed the conviction…
Date: August 9, 2022
Docket Number: 21-3060
Justia Opinion Summary: Defendant was charged with one count of being a felon in possession of a firearm, in violation of 18 U.S.C. Section 922(g)(1). He filed a motion to suppress evidence obtained during a vehicle search. The district court…
Date: August 8, 2022
Docket Number: 21-1981
Justia Opinion Summary: Defendant believes that the statute criminalizing reentry into this country after removal violates his equal-protection rights. See 8 U.S.C. Section 1326(a), (b). He did not raise this issue before the district court.…
Date: August 8, 2022
Docket Number: 21-2186
Justia Opinion Summary: Defendant pled guilty to one count of malicious mischief, in violation of 18 U.S.C. Sections 1363, 1153, for driving a stolen vehicle into a lake on the Turtle Mountain Indian Reservation in North Dakota. The district…
Date: August 8, 2022
Docket Number: 21-2979
Justia Opinion Summary: Defendant was charged in a one-count indictment with possession with intent to distribute 50 grams or more of methamphetamine (actual). 21 U.S.C. Sections 841(a)(1), 841(b)(1)(A). He pleaded guilty without a plea…
Date: August 8, 2022
Docket Number: 21-3310
Justia Opinion Summary: Two people were killed and one was injured when a locomotive owned by Dakota, Minnesota & Eastern Railroad Corporation (“DM&E”) collided with their SUV at a railroad crossing Collectively, “Appellants” sued DM&E for…
Date: August 5, 2022
Docket Number: 20-2786
Justia Opinion Summary: For nearly forty years, there has been ongoing efforts to environmentally remediate the Reilly Tar & Chemical Corporation site in St. Louis Park, Minnesota. In 2019, the site’s original consent decree and remedial action…
Date: August 5, 2022
Docket Number: 21-1680
Justia Opinion Summary: Nebraska requires persons who enter the State to register as sex offenders in Nebraska if they are obliged to register as sex offenders by another jurisdiction. This requirement applies to persons who committed their…
Date: August 5, 2022
Docket Number: 21-2209
Justia Opinion Summary: Appellant made deferred cash payments to his ex-wife, Appellee, pursuant to a marriage termination agreement (MTA) that Appellee “waives any right to . . . permanent spousal maintenance.” At issue is whether those…
Date: August 5, 2022
Docket Number: 21-2210
Justia Opinion Summary: Decedent was an unnamed class member in an action involving alleged misrepresentations made by Defendants while marketing, selling, administering, and servicing various life insurance and annuity products. After the…
Date: August 5, 2022
Docket Number: 21-2852
Justia Opinion Summary: The United States Citizenship and Immigration Services (USCIS) denied Petitioner’s Form N-400, Application for Naturalization because it determined that Petitioner was no longer a lawful permanent resident following the…
Date: August 5, 2022
Docket Number: 21-2930
Justia Opinion Summary: Defendant entered a conditional guilty plea to being a felon in possession of a firearm. The district court sentenced him to 70 months imprisonment followed by 3 years supervised release. Defendant appealed asserting…
Date: August 4, 2022
Docket Number: 20-3571
Justia Opinion Summary: An Immigration Judge (IJ) denied Petitioner's adjustment of status and waiver of inadmissibility, finding that his extensive criminal history since arriving in the United States made him a “violent and dangerous”…
Date: August 3, 2022
Docket Number: 20-2500
Justia Opinion Summary: This class action arises out of claims by commercial truck drivers who assert that they were not paid proper amounts while working for Werner Enterprises, Inc., and Drivers Management, LLC, (collectively Defendants) as…
Date: August 3, 2022
Docket Number: 21-2111
Justia Opinion Summary: Defendant conditionally pleaded guilty to conspiracy to distribute 500 grams or more of methamphetamine and was sentenced to 360 months in prison. He appealed, arguing that the district court erred by denying his motion…
Date: August 3, 2022
Docket Number: 21-2246
Justia Opinion Summary: Plaintiff, a former employee at Nebraska State College System’s (NSCS) Peru State College, brought Equal Pay Act and Title VII claims against NSCS after she received a terminal contract in 2018. The district court…
Date: August 3, 2022
Docket Number: 21-3138
Justia Opinion Summary: Defendant appealed after a jury convicted him of abusive sexual contact of a minor. Defendant contends the evidence was insufficient to establish the offense occurred in Indian Country, that the district court erred by…
Date: August 3, 2022
Docket Number: 21-3662
Justia Opinion Summary: Highline Exploration, Inc. (“Highline”) Nisku Royalty and others (collectively, “Plaintiffs”) sued QEP Energy Company (“QEP”), alleging QEP breached overriding royalty interest assignments held by Plaintiffs because QEP…
Date: August 2, 2022
Docket Number: 20-3436
Justia Opinion Summary: Plaintiff shattered her heel bone participating in the Rugged Maniac Twin Cities 5k obstacle race at the Wild Mountain Recreation Area (“Wild Mountain”). Plaintiff sued Rugged Races LLC (“Rugged Races”), the race…
Date: August 2, 2022
Docket Number: 21-1639
Justia Opinion Summary: Plaintiff was severely injured when his motorcycle crashed into a police SUV while he was fleeing from police. Plaintiff sued the City of Plumerville, Arkansas (the “City”), and its police officer for use of excessive…
Date: August 2, 2022
Docket Number: 21-1917
Justia Opinion Summary: Brothers and Sisters in Christ, LLC (BASIC) allege that Zazzle, Inc. sold a t-shirt that infringed on BASIC’s federal trademark. The district court granted Zazzle’s motion to dismiss for lack of personal jurisdiction.…
Date: August 2, 2022
Docket Number: 21-2652
Justia Opinion Summary: Appellant filed a pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. Section 2255, asserting that his 2000 Illinois state conviction could not qualify as a prior felony drug offense under…
Date: August 2, 2022
Docket Number: 21-3216
Justia Opinion Summary: Defendant drove drunk through the White Earth Indian Reservation. Local residents tried to stop him, but he struck and pinned one of them, N.V., under his car. A jury convicted Defendant of assault with a dangerous…
Date: August 2, 2022
Docket Number: 21-3347
Justia Opinion Summary: After a jury trial before the district court, Defendant was convicted of one count of being a felon in possession of a firearm, in violation of 18 U.S.C. Sections 922(g)(1), 924(a)(2). Defendant appealed his conviction,…
Date: August 2, 2022
Docket Number: 21-3390
Justia Opinion Summary: While working his construction job, Plaintiff was severely injured when a crane cable snapped and dropped its payload onto him. Plaintiff sued Viant Crane Service, LLC and Viant Crane, LLC (together “Viant”), arguing…
Date: August 2, 2022
Docket Number: 21-3550
Justia Opinion Summary: The North Dakota Department of Corrections and Rehabilitation took full custody of a young girl, A.A.R., from her parents and placed her at the Dakota Boys & Girls Ranch, a private psychiatric facility. After only a few…
Date: August 2, 2022
Docket Number: 21-3874
Justia Opinion Summary: The district court had strong views about what charges fit Defendant’s crimes. It rejected both her plea agreement and a motion by the government to dismiss four of the five counts in the indictment. The Eighth Circuit…
Date: August 1, 2022
Docket Number: 20-3370
Justia Opinion Summary: Plaintiff worked at the University of Arkansas-Pulaski Technical College (“UAPTC”). In April 2018, Plaintiff requested and received leave under the Family and Medical Leave Act (“FMLA”) to care for her mother who had…
Date: August 1, 2022
Docket Number: 21-2974
Justia Opinion Summary: A jury convicted Defendant of possession with intent to distribute methamphetamine and conspiracy to distribute methamphetamine in violation of 21 U.S.C. Sections 841(a)(1) and 846. He appealed the district court’s…
Date: August 1, 2022
Docket Number: 21-3269
Justia Opinion Summary: This case involves allegations that a teacher restrained, secluded, and abused her students as a teacher in a special education classroom. The students’ parents sued the teacher, along with Aberdeen School District…
Date: August 1, 2022
Docket Number: 21-3520
Justia Opinion Summary: An immigration judge (IJ) concluded that Gutierrez-Vargas was not eligible for asylum or withholding of removal because his conviction for dismembering a human body constituted a particularly serious crime. The IJ…
Date: July 29, 2022
Docket Number: 21-1707
Justia Opinion Summary: A child, through his parents, brought a due process challenge under the Individuals with Disabilities Education Act (IDEA), claiming that the School District failed to provide him a free appropriate public education…
Date: July 29, 2022
Docket Number: 21-1870
Justia Opinion Summary: Defendant was convicted of second-degree sexual assault in Arkansas state court in February 2003, an offense requiring him to register under the Arkansas Sex Offender Registration Act of 1997. One of Defendant's…
Date: July 29, 2022
Docket Number: 21-3076
Justia Opinion Summary: Defendant was arrested and charged with firearm and drug charges after an officer claimed to see a bag of drugs in Defendant's car that was in plain view. In a motion to suppress, the officer testified inconsistently…
Date: July 29, 2022
Docket Number: 21-3100
Justia Opinion Summary: Defendant was indicted on charges of possession with intent to distribute methamphetamine and possession with intent to distribute marijuana. Pursuant to a written plea agreement, Defendant pled guilty to the charge of…
Date: July 29, 2022
Docket Number: 21-3132
Justia Opinion Summary: Defendant pleaded guilty to possession with intent to distribute crack cocaine in 2006. While on bail awaiting sentencing, Defendant and his brother were involved in a bar fight, during which Defendant shot and killed…
Date: July 29, 2022
Docket Number: 21-3157
Justia Opinion Summary: Plaintiff, a woman with severe autism, and her mother, filed an employment discrimination lawsuit against Menards. Plaintiff's mother, who was also a plaintiff in the suit, arranged to have a job coach help Plaintiff…
Date: July 28, 2022
Docket Number: 21-2259
Justia Opinion Summary: The Eighth Circuit Rymer Companies, LLC, and Cannon Falls Mall (collectively, “Rymer”) claim their insurance policy (the “Policy”) with Cincinnati Insurance Company (“Cincinnati”) covers the costs of replacing the roof…
Date: July 28, 2022
Docket Number: 21-2346
Justia Opinion Summary: Defendant and co-Defendant participated in a Texas-based conspiracy to burglarize ATMs in Arkansas and Oklahoma, among other states. The district court sentenced Defendant to 36 months in prison, 3 years of supervised…
Date: July 28, 2022
Docket Number: 21-3712
Justia Opinion Summary: Defendant was convicted on seven counts of forging or counterfeiting postage meter stamps and three counts of smuggling the district court sentenced Defendant to 36 months’ imprisonment and ordered him to pay $256,441.78…
Date: July 27, 2022
Docket Number: 21-1524
Justia Opinion Summary: This is the third appeal to the Eighth Circuit involving litigation arising from police response to protest activity in St. Louis on September 17, 2017. In this case, as in the others, Plaintiffs allege that St. Louis…
Date: July 27, 2022
Docket Number: 21-1552
Justia Opinion Summary: Des Moines detectives arrested Plaintiff on her porch after she refused to comply with their requests to check on her daughter’s welfare. Plaintiff sued them under 42 U.S.C. Section 1983 and Iowa tort law. The district…
Date: July 27, 2022
Docket Number: 21-2270
Justia Opinion Summary: College of the Ozarks, a private Christian college in Missouri, brought this action to challenge the lawfulness of a memorandum issued by an acting assistant secretary of the United States Department of Housing and Urban…
Date: July 27, 2022
Docket Number: 21-2460
Justia Opinion Summary: Plaintiff was removed from a political rally and arrested for violating a St. Louis, Missouri ordinance that prohibits disturbing the peace. After Plaintiff was acquitted of that charge in state court, he brought claims…
Date: July 27, 2022
Docket Number: 21-2542
Justia Opinion Summary: Mount Rushmore played host to Fourth of July fireworks shows. Unfortunately, visitor safety and fire-danger concerns put the practice on hold. The Park Service later changed course and granted a permit that said it was…
Date: July 26, 2022
Docket Number: 20-2445
Justia Opinion Summary: Defendant, a neurosurgeon, chose to use implants distributed by DS Medical, a company wholly owned by his fiancée. Physicians in other practices grew suspicious and filed various claims under the False Claims Act. The…
Date: July 26, 2022
Docket Number: 21-3048
Justia Opinion Summary: The parties to this matter—Plaintiff, on behalf of her son, and the Belton School District—disagree about the appropriate school placement for Plaintiff’s son pursuant to the Individuals with Disabilities Education Act…
Date: July 26, 2022
Docket Number: 21-3122
Justia Opinion Summary: A jury convicted Defendant of being a felon in possession of ammunition-nine cartridge cases found at the scene of a shooting. The district court1 sentenced Defendant to 120 months’ imprisonment, the statutory maximum…
Date: July 25, 2022
Docket Number: 21-1366
Justia Opinion Summary: Appellants are four Minnesota state employees who sued unions that represented their local bargaining units. The employees sought monetary relief based on the amount of so-called “fair-share” fees that were deducted from…
Date: July 25, 2022
Docket Number: 21-1640
Justia Opinion Summary: Current and former Minnesota state employees brought an action seeking damages for money deducted from their paychecks by unions that represented their local bargaining units. Although the Supreme Court held the…
Date: July 25, 2022
Docket Number: 21-2234
Justia Opinion Summary: Defendant entered a guilty plea to being a felon in possession of a firearm. Defendant's pre-sentence report indicated he had committed three violent felonies: a 2004 conviction for burglary; a 2006 conviction for…
Date: July 25, 2022
Docket Number: 21-2412
Justia Opinion Summary: Appellant, who is not an enrolled member of the Red Lake Band of Chippewa Indians, pled guilty to one count of wildlife trafficking, in violation of the Lacey Act, 16 U.S.C. Sections 3372(a)(1) and 3373(d)(2) (Count 1),…
Date: July 22, 2022
Docket Number: 21-2950
Justia Opinion Summary: After disputes arose between a general contractor and two of its subcontractors, an arbitrator awarded the subcontractors money for the labor and material they had provided the general contractor along with associated…
Date: July 21, 2022
Docket Number: 21-1819
Justia Opinion Summary: After voluntarily leaving his job due to back problems, Plaintiff applied for disability insurance benefits. The Social Security Administration found that he was not disabled and denied his application. Plaintiff sought…
Date: July 21, 2022
Docket Number: 21-2741
Justia Opinion Summary: Defendant was convicted of possession of a firearm by a felon in violation of 18 U.S.C. Section 922(g)(1). He appealed the district court’s denial of his motion to suppress, two additional evidentiary rulings, and the…
Date: July 21, 2022
Docket Number: 21-2919
Justia Opinion Summary: Rock Dental Arkansas PLLC and Rock Dental Missouri LLC (Rock Dental) operate dental clinics in Arkansas and Missouri. After Rock Dental’s insurer, Cincinnati Insurance Company (Cincinnati), denied coverage for Rock…
Date: July 20, 2022
Docket Number: 22-1112
Justia Opinion Summary: Defendant and the government reached a binding plea agreement whereby Defendant would plead guilty to transportation of a minor in violation of 18 U.S.C. Section 2423(a) and receive a below-guideline sentence of 150…
Date: July 19, 2022
Docket Number: 21-2757
Justia Opinion Summary: Plaintiffs appealed the district court’s grant of summary judgment in favor of Safeco Insurance Company of Illinois (“Safeco”). The case involved a dispute over the applicability of an “other structure” exclusion in a…
Date: July 15, 2022
Docket Number: 21-2266
Justia Opinion Summary: Wagstaff & Cartmell, LLP (Wagstaff) filed a declaratory-judgment action against the Defendant-Attorney, seeking a declaration that Wagstaff owed nothing to Defendant for any work on a wrongful death lawsuit or, in the…
Date: July 14, 2022
Docket Number: 20-3299
Justia Opinion Summary: Defendant, in addition to her full-time position as a St. Paul police officer, was cross-deputized as a federal agent to investigate an interstate sex-trafficking scheme. Many were charged, but none were convicted. The…
Date: July 14, 2022
Docket Number: 21-2118
Justia Opinion Summary: Missouri challenged the Secretary of the Treasury’s implementation of the American Rescue Plan Act of 2021 (ARPA), Pub. L. No. 117-2, 135 Stat. 4. Missouri argues that the Secretary’s “erroneously broad interpretation”…
Date: July 14, 2022
Docket Number: 21-2961
Justia Opinion Summary: The United States Secretary of Labor (“Secretary”) sued Alpha & Omega USA, Inc., d/b/a Travelon Transportation and its owner (together “Travelon”) for violating the Fair Labor Standards Act (FLSA). The district court…
Date: July 14, 2022
Docket Number: 21-2965
Justia Opinion Summary: Plaintiff, an employee of the Department of Veterans Affairs, sued Denis McDonough, Secretary of the Department of Veterans Affairs, for disability discrimination. Plaintiff alleged three violations of the Rehabilitation…
Date: July 13, 2022
Docket Number: 21-1069
Justia Opinion Summary: After two separate arrests Defendant was charged with nine conspiracy- and drug-related counts in a 19-count second superseding indictment. The district court denied Defendant’s motion to suppress the evidence recovered…
Date: July 13, 2022
Docket Number: 21-1299
Justia Opinion Summary: The district court sentenced Defendant to 264 months’ imprisonment for drug trafficking conspiracy. Defendant asserted on appeal that the district court erred by admitting certain evidence at trial and that the court…
Date: July 13, 2022
Docket Number: 21-1591
Justia Opinion Summary: Defendant appealed the order of the district court denying his motion for a reduction in sentence under 18 U.S.C. Section 3582(c)(1). On appeal, Defendant argued that the court improperly relied on the fact that he was…
Date: July 13, 2022
Docket Number: 21-3565
Justia Opinion Summary: After a jury trial, Defendant was convicted of sexually abusing an incapacitated individual in violation of 18 U.S.C. Section 2242(2)(B). Defendant appealed, challenging the district court’s denial of his motion to…
Date: July 12, 2022
Docket Number: 21-2581
Justia Opinion Summary: After the district court denied Defendant’s motion to suppress evidence, Redman pleaded guilty to possession of a firearm by a prohibited person in violation of 18 U.S.C. Sections 922(g)(1) and 924(a)(2). Defendant…
Date: July 12, 2022
Docket Number: 21-2984
Justia Opinion Summary: After Plaintiff was injured by a machine that Skylift, Inc., manufactured and sold, he sued Skylift claiming that the machine was defective and unreasonably dangerous and that Skylift negligently designed it. The…
Date: July 11, 2022
Docket Number: 21-1609
Justia Opinion Summary: Defendant pleaded guilty to one count of distributing at least fifty grams of methamphetamine. See 21 U.S.C. Section 841. At sentencing, the district court denied Defendant’s request to be sentenced according to the…
Date: July 11, 2022
Docket Number: 21-3761
Justia Opinion Summary: Defendant is an inmate serving a sentence in federal custody after he was convicted in 2007 for unlawful possession of a firearm as a convicted felon. After a hearing, the district court ordered Defendant committed to…
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