2022 Eighth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1082
Date: July 8, 2022
Docket Number: 19-1943
Justia Opinion Summary: Appellant petitioned the district court for a writ of habeas corpus in part on the basis that an off-the-record jury selection procedure violated his constitutional rights. Without holding an evidentiary hearing, the…
Date: July 8, 2022
Docket Number: 21-1909
Justia Opinion Summary: Defendant was convicted of attempting to persuade, induce, and entice an individual who had not yet attained the age of 18 years old to engage in sexual activity. The district court sentenced Defendant to a mandatory…
Date: July 8, 2022
Docket Number: 21-2202
Justia Opinion Summary: Appellant, a black male who was 60 years old at the time his employment was terminated, brought race, sex, and age discrimination claims under Title VII, the Age Discrimination in Employment Act (“ADEA”), and the…
Date: July 8, 2022
Docket Number: 21-2559
Justia Opinion Summary: Defendant appealed his conviction for attempted persuasion, inducement, or enticement of a minor for sexual activity, in violation of 18. U.S.C. Sec. 2422(b), after a jury found him guilty and the district court…
Date: July 8, 2022
Docket Number: 21-3473
Justia Opinion Summary: Defendant pled guilty to enticing a minor and was sentenced to 288 months imprisonment followed by 10 years of supervised release. In fashioning Defendant's sentence, the district court applied United States Sentencing…
Date: July 7, 2022
Docket Number: 20-3665
Justia Opinion Summary: Monsanto Company and BASF Corporation began developing dicamba-tolerant seed and sued each other over intellectual property. When the USDA deregulated Monsanto’s dicamba-tolerant soybean seed that year, Monsanto began to…
Date: July 5, 2022
Docket Number: 20-2067
Justia Opinion Summary: The Eighth Circuit reversed the judgment of the district court denying Defendant's motion for postconviction relief under 28 U.S.C. 2255 arguing that his firearm conviction under 18 U.S.C. 924(c) should be vacated in…
Date: July 5, 2022
Docket Number: 21-1365
Justia Opinion Summary: Someone shot a St. Louis fire captain and his passenger. The fire captain described the shooter as a “black male,” once on a 911 call right after the shooting, again when responding officers arrived on the scene, and…
Date: July 5, 2022
Docket Number: 21-1471
Justia Opinion Summary: The Eighth Circuit affirmed the judgment of the district court convicting Defendant of aggravated sexual abuse of a child, holding that there was no error in the proceedings below. On appeal, Defendant challenged two of…
Date: July 5, 2022
Docket Number: 21-1489
Justia Opinion Summary: The Eighth Circuit reversed the order of the district court in this criminal case declaring inadmissible any communications that were "made in confidence" between Defendant and his spouse during the evening of the crimes…
Date: July 5, 2022
Docket Number: 21-1711
Justia Opinion Summary: The Eighth Circuit affirmed the judgment of the district court convicting Defendant of unlawful possession of a firearm as a previously convicted felon and sentencing him to 105 months in prison, holding that there was…
Date: July 5, 2022
Docket Number: 21-2275
Justia Opinion Summary: Minneapolis police investigated Randle for selling crack cocaine while he was on supervised release for a prior federal offense. After conducting a controlled buy, Officer Hamilton applied for a warrant to search a…
Date: July 5, 2022
Docket Number: 21-2788
Justia Opinion Summary: Cruz repeatedly brought methamphetamine from Texas to North Dakota for sale. South Dakota officers stopped and searched Cruz’s vehicle, finding drugs and cash. Cruz posted bond, returned to North Dakota, and continued…
Date: July 5, 2022
Docket Number: 21-2941
Justia Opinion Summary: After Nygard removed his driveway and was about to pour a new one, an Orono inspector told Nygard that he needed a permit. The next day, Nygard finished the driveway and applied for a permit. The new driveway was…
Date: July 1, 2022
Docket Number: 20-2651
Justia Opinion Summary: Defendant-appellant Caesar Vaca lied to detectives when he told them he had never possessed a gun. He had pleaded guilty to a crime more than 20 years earlier that involved the use of one. The issue presented for the…
Date: July 1, 2022
Docket Number: 20-2796
Justia Opinion Summary: Herbert Green previously appealed the denial of his motion to suppress drugs and firearms discovered in his apartment during a law enforcement search outside the scope of the police’s warrant. The Eighth Circuit Court of…
Date: July 1, 2022
Docket Number: 21-1263
Justia Opinion Summary: Ila Reid appealed a district court’s summary judgment dismissal of her breach of contract claim against Primerica Life Insurance Company (“Primerica”). Reid brought her claim after Primerica filed an interpleader action…
Date: July 1, 2022
Docket Numbers: 21-1918, 21-1761
Justia Opinion Summary: Isaiah Hammett was killed during the St. Louis Metropolitan Police Department’s (SLMPD) execution of a search warrant at his grandfather’s home. Hammett’s surviving mother and grandfather, Gina Torres and Dennis Torres…
Date: July 1, 2022
Docket Number: 21-2433
Justia Opinion Summary: A sheriff’s deputy sexually abused J.T.H.’s 15-year-old son. J.T.H., who also worked in law enforcement, threatened to sue for the abuse. Before long, Spring Cook, a child-welfare investigator, showed up at his door…
Date: June 30, 2022
Docket Number: 21-1954
Justia Opinion Summary: Plaintiff was diagnosed with a reducible ventral hernia while detained awaiting trial at the Greene County Justice Center in Missouri. Although his hernia could be repaired through surgery, Plaintiff was unable to prepay…
Date: June 29, 2022
Docket Number: 19-1469
Justia Opinion Summary: On remand, the Supreme Court directed the Eighth Circuit to “to employ an inquiry that clearly attends to the facts and circumstances” of the incident between Plaintiffs’ son and the officers in considering whether the…
Date: June 29, 2022
Docket Number: 21-2180
Justia Opinion Summary: Following a traffic stop during which Plaintiff was cited for driving with an open liquor bottle in his car, he filed suit against the Des Moines Police Department officers involved in the stop Officers as well as the…
Date: June 29, 2022
Docket Number: 21-2292
Justia Opinion Summary: The Eighth Circuit affirmed the district court’s approval of a settlement between Defendant Monsanto and Plaintiffs. The court held that the district court did not abuse its discretion in concluding the notice to the…
Date: June 28, 2022
Docket Number: 21-1243
Justia Opinion Summary: Defendant pleaded guilty to distributing 50 grams or more of methamphetamine, 21 U.S.C. Section 841. The district court imposed a bottom-of-Guidelines sentence of 87 months in prison. Defendant challenged his sentence as…
Date: June 28, 2022
Docket Number: 21-1663
Justia Opinion Summary: Torgerson Properties, Inc. ("TPI") develops and operates hotels, restaurants, and conference centers in Minnesota and Florida. It was covered by an all-risk property insurance policy issued by Continental Casualty Co.…
Date: June 28, 2022
Docket Number: 21-2335
Justia Opinion Summary: Plaintiff alleged that a Sheriff of Harrison County, Missouri, forced her into a sexual relationship that included giving her drugs, directing her to sell them, and protecting her from prosecution. After Doe ended the…
Date: June 27, 2022
Docket Number: 20-3013
Justia Opinion Summary: Petitioner is serving a life sentence for murder in Minnesota. He brought a petition for writ of habeas corpus in the district court, alleging that the state trial court violated his right to a public trial and that the…
Date: June 24, 2022
Docket Number: 21-2608
Justia Opinion Summary: Iowa Northern Railway Company (“Iowa Northern”) and the International Association of Sheet Metal, Air, Rail and Transportation Workers (the “Union”) are both parties to a Collective Bargaining Agreement (“CBA”) that is…
Date: June 24, 2022
Docket Number: 21-2816
Justia Opinion Summary: Defendant and her then-husband bought a condo for $525,000 with the intention of making it their primary residence. To finance the purchase, the couple took out a mortgage with the Plaintiff bank. Defendant did not sign…
Date: June 22, 2022
Docket Number: 19-1378
Justia Opinion Summary: Arkansas Act 710 prohibits state entities from contracting with private companies unless the contract includes a certification that the company “is not currently engaged in, and agrees for the duration of the contract…
Date: June 21, 2022
Docket Number: 21-1335
Justia Opinion Summary: Following a series of trial delays due to the COVID-19 pandemic, a jury convicted Defendant of two counts of interstate communication of a threat, in violation of 18 U.S.C. Section 875(c). The district court sentenced…
Date: June 17, 2022
Docket Number: 21-2135
Justia Opinion Summary: Petitioner entered the United States on an F-1 nonimmigrant student visa on Dec. 29, 2009. Subsequently, she falsely claimed to be a U.S. citizen to gain employment, and the Department of Homeland Security served…
Date: June 17, 2022
Docket Number: 21-2823
Justia Opinion Summary: The government alleges that Medicare overpaid Plaintiff and his medical practice approximately $5.31 million. While the third level of administrative review, a hearing before an Administrative Law Judge (“ALJ”), was…
Date: June 16, 2022
Docket Number: 21-1704
Justia Opinion Summary: Plaintiff sued Defendant, a law enforcement officer employed by the United States Immigration and Customs Enforcement agency (ICE). Martinez claims that Sasse violated her rights under the Fourth Amendment by effecting a…
Date: June 16, 2022
Docket Number: 21-2283
Justia Opinion Summary: In response to the COVID-19 pandemic, Minnesota Governor Tim Walz declared a state of “peacetime emergency” and began issuing executive orders (EOs) intended to combat the spread of the virus. The EOs limited which types…
Date: June 16, 2022
Docket Number: 21-2493
Justia Opinion Summary: Plaintiffs appealed the district court’s grant of summary judgment on the basis of qualified immunity to Iowa Department of Human Service (DHS) employees (collectively, “Defendants”) on Plaintiffs’ claim for damages…
Date: June 16, 2022
Docket Number: 21-2495
Justia Opinion Summary: A carrier for the United States Postal Service was involved in an automobile accident that killed another motorist. He had already completed his delivery route and returned undeliverable mail to the post office.…
Date: June 15, 2022
Docket Number: 21-1962
Justia Opinion Summary: Defendant was charged with conspiracy to commit bank fraud, bank fraud, and four counts of aggravated identity theft. He entered into a non-binding Plea Agreement in which he pleaded guilty to the conspiracy count and…
Date: June 14, 2022
Docket Number: 20-3022
Justia Opinion Summary: Plaintiff, a Missouri inmate currently in custody at the Northeast Correctional Center (“NECC”), filed a pro se Section 1983 action against multiple defendants, claiming deliberate indifference to his serious medical…
Date: June 14, 2022
Docket Number: 20-3478
Justia Opinion Summary: Cardiovascular Systems, Inc. (“CSI”) brought this action against Cardio Flow, Inc. (“Cardio Flow”), alleging the breach of a settlement agreement that resolved ownership of intellectual property rights related to…
Date: June 14, 2022
Docket Number: 21-2537
Justia Opinion Summary: Plaintiff a former part-time employee of the City of Cedar Falls, brought an action against the City of Cedar Falls and certain city officials after her 2018 termination, alleging interference with and retaliation for…
Date: June 14, 2022
Docket Number: 21-2571
Justia Opinion Summary: Plaintiff tripped and fell in the parking lot of a Walgreen Co. d/b/a Walgreens store in Republic, Missouri. The district court granted summary judgment for Walgreens. The court concluded that Plaintiff did not…
Date: June 14, 2022
Docket Number: 21-3005
Justia Opinion Summary: Defendant was convicted by a jury of aggravated sexual abuse of a minor. Defendant appealed, asserting four claims of error: (1) the district court abused its discretion when it made certain evidentiary rulings; (2) he…
Date: June 14, 2022
Docket Number: 21-3231
Justia Opinion Summary: After Petitioner pled guilty to one count of receipt or possession of an unregistered firearm, in violation of 26 U.S.C. Sections 5841 and 5861(c)-(d), the district court sentenced him to 100 months imprisonment,…
Date: June 13, 2022
Docket Number: 21-1914
Justia Opinion Summary: Defendant pleaded guilty to unlawful possession of a firearm and ammunition as a convicted felon. In calculating an advisory guideline range at sentencing, the district court found based on the evidence of drug…
Date: June 10, 2022
Docket Number: 20-3435
Justia Opinion Summary: City Union Mission is a Kansas City, Missouri nonprofit organization located near Margaret Kemp Park that provides food, shelter, employment, and a Christian discipleship program to poor and homeless individuals. A…
Date: June 10, 2022
Docket Number: 21-1685
Justia Opinion Summary: Plaintiffs, filed suit against Arkansas, patrolman in his individual capacity. Plaintiffs pleaded claims under 42 U.S.C. Section 1983, alleging that the patrolman had violated their constitutional right to be free from…
Date: June 10, 2022
Docket Number: 21-1855
Justia Opinion Summary: Defendant pleaded guilty to one count of civil disorder. The parties agreed that U.S.S.G. Section 2B1.1(a)(2), which deals with property damage or destruction, applied. The Presentence Report, however, recommended…
Date: June 10, 2022
Docket Number: 21-2033
Justia Opinion Summary: Defendant was convicted of five offenses related to trafficking methamphetamine. He filed a post-conviction motion for a new trial, alleging a violation of the court’s trial procedure order and a Brady violation. The…
Date: June 10, 2022
Docket Number: 21-2252
Justia Opinion Summary: A jury found Defendant, an officer, guilty of willfully depriving a man of his Fourth Amendment right to be free from unreasonable force, in violation of 18 U.S.C. Section 242, and the district court sentenced Defendant…
Date: June 10, 2022
Docket Number: 21-2353
Justia Opinion Summary: Co-Defendants each pleaded guilty to conspiracy to distribute a controlled substance. On appeal, both claimed the district court erred at their respective sentencings. The Eighth Circuit affirmed the judgment of the…
Date: June 9, 2022
Docket Number: 21-2066
Justia Opinion Summary: Defendant moved to suppress items found during a warrantless search of the apartment he shared with his girlfriend. The district court granted the motion as to the narcotics found in a black bag, concluding the search…
Date: June 7, 2022
Docket Number: 20-3028
Justia Opinion Summary: Defendant was indicted for various child sex trafficking, firearms, and drug charges. Forty-eight hours before trial, the government disclosed certain benefits it had provided to several minor victims. Defendant…
Date: June 7, 2022
Docket Number: 21-2220
Justia Opinion Summary: The United States Department of Agriculture (“USDA”) adopted a rule eliminating processing-line-speed limits in pork plants. Unions representing pork-processing-plant workers sued to vacate the rule as arbitrary and…
Date: June 6, 2022
Docket Number: 21-1679
Justia Opinion Summary: SUNZ Insurance Company (“SUNZ”) appealed from the denial of its motion to dismiss or, in the alternative, to compel arbitration of the crossclaims filed in a complex insurance dispute. SUNZ argued the district court…
Date: June 6, 2022
Docket Number: 21-2199
Justia Opinion Summary: Plaintiffs, a group of restaurants, filed claims through their respective insurance policies seeking coverage for losses and expenses related to the COVID-19 pandemic. Insurers denied Plaintiffs' claims and, upon…
Date: June 3, 2022
Docket Number: 20-2936
Justia Opinion Summary: Defendant was sentenced to 270 months of incarceration followed by five years of supervisor release following a conviction for various drug and gun crimes. The Eighth Circuit affirmed Defendant's convictions and…
Date: June 3, 2022
Docket Number: 21-1443
Justia Opinion Summary: After a construction project fell through, Plaintiff sued Defendant. Defendant filed a motion to compel arbitration. At issue in this case is whether the party who signed the contract on behalf of Plaintiff had authority…
Date: June 3, 2022
Docket Number: 21-2159
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm. He received a statutory-maximum ten-year sentence. In doing so, the district court varied upward from a guideline range of 51–63 months based on a…
Date: June 3, 2022
Docket Number: 21-2377
Justia Opinion Summary: Defendant was pulled over after an officer observed excessive braking. During the stop, the officer observed both driver and passenger appeared to be nervous. Upon a subsequent pat-down, the officer observed a clear…
Date: June 3, 2022
Docket Number: 21-2502
Justia Opinion Summary: In June 2019, Plaintiffs submitted a FOIA request to the IRS seeking disclosure of the terms of a third-party authentication process set forth within IRM Sec. 21.1.3.3, pertaining to the tax professional authentication…
Date: June 3, 2022
Docket Number: 21-2871
Justia Opinion Summary: A driver crashed into Defendant's home, where he lived with his father. As the driver attempted to flee, Defendant and his father dragged the driver out of the car and Defendant's father beat him with a garden hoe. The…
Date: June 3, 2022
Docket Number: 22-1702
Justia Opinion Summary: Victoria’s Secret Stores, LLC and Victoria’s Secret Direct, LLC (collectively “Victoria’s Secret”) appealed an order of the district court remanding the putative class action to state court. Victoria’s Secret removed…
Date: May 31, 2022
Docket Number: 20-1526
Justia Opinion Summary: Kansas City Officer (“Officer”) shot and killed the victim during a foot chase. Family members of the victim filed suit and the district court concluded that the Officer was entitled to both qualified and official…
Date: May 31, 2022
Docket Number: 21-1987
Justia Opinion Summary: Defendant appealed the district court’s application of a sentencing enhancement for possessing any firearm in connection with another felony offense, and its decision to depart upward under U.S.S.G. Sec. 4A1.3 based on…
Date: May 31, 2022
Docket Number: 21-2086
Justia Opinion Summary: After serving a prison sentence for possession with intent to deliver a controlled substance, Defendant began his five-year term of supervised release. He completed nearly four years without incident. In October 2020,…
Date: May 27, 2022
Docket Number: 21-1490
Justia Opinion Summary: A police officer initiated a traffic stop of a vehicle after the officer observed it traveling 20 miles per hour over the posted speed limit. The driver did not stop and led the officer on a high-speed chase before…
Date: May 27, 2022
Docket Number: 21-2146
Justia Opinion Summary: Defendant, who was on probation for possession of methamphetamine, illegally harvested timber, cut it up into firewood and burned it. Defendant left the fires unattended and when he returned the fire had spread.…
Date: May 27, 2022
Docket Number: 21-2614
Justia Opinion Summary: Plaintiffs, garbage haulers and processors, sued Goodhue County, Minnesota. (“County”) and state-owned plant in Red Wing, Minnesota (the “City Plant”). Plaintiffs argued that an ordinance requiring all garbage to be…
Date: May 27, 2022
Docket Number: 21-3328
Justia Opinion Summary: Petitioner was ordered removed to China after he was convicted of aiding and abetting marriage fraud in order to evade immigration laws and procure his admission to the United States, see 8 U.S.C. Sections…
Date: May 27, 2022
Docket Number: 21-3797
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm. The Presentence Report recommended a 4-level enhancement for possessing the gun “in connection with another felony offense.” U.S.S.G. Section…
Date: May 26, 2022
Docket Number: 21-1421
Justia Opinion Summary: Appellants were charged by superseding indictment with conspiracy to distribute a controlled substance. At sentencing, the district court varied downward, sentencing each Appellant to a term below the United States…
Date: May 24, 2022
Docket Number: 21-1241
Justia Opinion Summary: Defendant was pulled over for speeding. Defendant and her passenger consented to a vehicle search, which revealed 28.4 pounds of heroin. Defendant filed a motion to suppress, which the district court denied, at which…
Date: May 23, 2022
Docket Number: 21-1499
Justia Opinion Summary: Defendant entered a guilty plea to the destruction of an energy facility, use of fire to commit a felony, and possession of a firearm/ammunition by an unlawful user of a controlled substance. Defendant was sentenced to…
Date: May 20, 2022
Docket Number: 21-1076
Justia Opinion Summary: Plaintiff appealed a judgment of the district court upholding an agency decision to deny her application for social security disability insurance benefits. Plaintiff argued that the administrative law judge (ALJ) who…
Date: May 20, 2022
Docket Number: 21-1341
Justia Opinion Summary: Five defendants were found guilty of conspiracy to commit sex trafficking, conspiracy to transport persons to engage in prostitution, conspiracy to engage in money laundering, and conspiracy to use a communication…
Date: May 20, 2022
Docket Number: 21-1647
Justia Opinion Summary: Defendant appealed the sentence imposed by the district court after he admitted to violating the terms of his supervised release. Defendant argued that the district court improperly considered his need for rehabilitation…
Date: May 19, 2022
Docket Number: 21-1606
Justia Opinion Summary: Plaintiff sued her former employer, the University of Minnesota, under the Americans with Disabilities Act (“ADA”), for discrimination based on her disability, failure to provide a reasonable accommodation for her…
Date: May 18, 2022
Docket Number: 21-2712
Justia Opinion Summary: MNDKK, LLC’s insurer, Great Lakes Insurance, sent subrogation demands through an assignee to Dingmann Brothers Construction (“Dingmann”) due to alleged dust-related property damage. Grinnell Mutual Reinsurance Company…
Date: May 17, 2022
Docket Number: 21-2693
Justia Opinion Summary: Defendant was convicted of attempted commercial sex trafficking of a minor, 18 U.S.C. Sections 1591(a)(1), (b)(2), and 1594(a), and attempted enticement of a minor for sexual activity using a facility of interstate…
Date: May 16, 2022
Docket Number: 21-3268
Justia Opinion Summary: Defendants Kim Reynolds, Governor of Iowa, and Ann Lebo, Director of the Iowa Department of Education, appealed the district court’s entry of a preliminary injunction completely barring enforcement of Iowa’s facial…
Date: May 13, 2022
Docket Number: 21-1948
Justia Opinion Summary: Two insurance-related companies claim the name “AIG.” Agency is a family-owned insurance broker in Missouri. Agency allegedly began calling itself “AIG” around 1958. International is an insurance company incorporated in…
Date: May 13, 2022
Docket Number: 21-2242
Justia Opinion Summary: The parties entered into a contract related to the construction of a bridge. Plaintiff filed a claim against Defendant including those of breach of contract, promissory estoppel, unjust enrichment, quantum meruit, and…
Date: May 12, 2022
Docket Number: 21-1729
Justia Opinion Summary: After being pulled over, Defendant and his vehicle were searched, revealing a pistol and cocaine contained in various packaging materials. Defendant was charged with possession with intent to distribute, possession of a…
Date: May 12, 2022
Docket Number: 21-2269
Justia Opinion Summary: Petitioner was ordered removed and sought relief under the Convention Against Torture. Petitioner claimed he had a well-founded fear of persecution based on his membership in two social groups, his father’s immediate…
Date: May 12, 2022
Docket Number: 21-2931
Justia Opinion Summary: Plaintiff’s father died when a driver collided with a BNSF Railway Company (“BNSF”) train. Plaintiff filed a wrongful death suit in state court against BNSF, the train operator, and the driver. The driver’s widow filed a…
Date: May 11, 2022
Docket Number: 21-1784
Justia Opinion Summary: Sleep Number partnered with Defendants and through their partnership, Defendants’ inventions were adapted to create SleepIQ technology. After two years as employees, Defendants informed Sleep Number that they wished to…
Date: May 10, 2022
Docket Number: 20-3083
Justia Opinion Summary: Plaintiffs, described as “political candidates, political associations, and individuals who engage in political activities relating to political elections and campaigns in Minnesota”, brought a case under 42 U.S.C.…
Date: May 10, 2022
Docket Number: 21-1725
Justia Opinion Summary: A patron of RAJJ Entertainment successfully sued RAJJ and its owner, for negligence after being injured in the bar’s parking lot. Defendants’ insurance company, Great Lakes Insurance, sued for a declaration stating that…
Date: May 10, 2022
Docket Number: 21-2345
Justia Opinion Summary: Plaintiff, a locomotive engineer, sued Kansas City Southern Railway Company (“KCSR”) for negligence after he sustained injuries in a railcar collision. The district court granted summary judgment to KCSR. Plaintiff…
Date: May 10, 2022
Docket Number: 21-2419
Justia Opinion Summary: Defendants, Des Moines Police Department officers, lacking probable cause, took relatives of a stabbing victim to the station and held them for over three hours during which time the victim died. The district court…
Date: May 6, 2022
Docket Number: 21-1744
Justia Opinion Summary: Defendant pleaded guilty to three counts of threatening to assault and murder a federal official and two counts of mailing threatening communications. The allegations were based on Defendant's several repeated promises,…
Date: May 6, 2022
Docket Number: 21-2641
Justia Opinion Summary: Plaintiff sued Defendant insurance company for mishandling his wife’s enrollment for supplemental life insurance and then declaring her ineligible for coverage after she died. The district court determined Defendant…
Date: May 4, 2022
Docket Number: 21-2556
Justia Opinion Summary: Plaintiff sued Defendants claiming they violated the Fair Labor Standards Act and the Arkansas Minimum Wage Act. The district court entered an order granting summary judgment to Defendants. After the court entered its…
Date: May 3, 2022
Docket Number: 19-3266
Justia Opinion Summary: Plaintiff commenced a class action, alleging SC Data Center, Inc. (“SC Data”) committed three violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. Sections 1681-1681x. In May 2016, the parties reached a…
Date: May 2, 2022
Docket Number: 20-1474
Justia Opinion Summary: Progressive Technologies, Inc. sued Defendant for breaching a non-compete agreement, tortious interference with business expectancy, and civil conspiracy. Plaintiff appealed the district court’s preliminary injunction…
Date: May 2, 2022
Docket Number: 21-1354
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm. At sentencing, Defendant consented to a video sentencing hearing. After reviewing the pre-sentence report, Defendant's evidence of mitigation and the…
Date: May 2, 2022
Docket Number: 21-2441
Justia Opinion Summary: Plaintiffs did not purchase flood insurance for their house after the sellers told them that the property was not in a FEMA flood zone. Within weeks the area flooded, the home was destroyed and Plaintiffs sued the…
Date: April 28, 2022
Docket Number: 20-2662
Justia Opinion Summary: Petitioner a citizen of Somalia, petitions for review of an order of the Board of Immigration Appeals (BIA). The BIA’s order reversed the decision of the immigration judge (IJ) granting Petitioner’s application for…
Date: April 28, 2022
Docket Number: 20-3321
Justia Opinion Summary: Defendant was convicted of conspiracy to distribute heroin and possession of heroin with the intent to distribute. He appealed the district court’s denial of his motion to suppress and its ruling to limit the…
Date: April 27, 2022
Docket Number: 20-3559
Justia Opinion Summary: Defendant, while working as a priest, stole from the cash-offering collections of several parishes. After a jury trial, he was convicted of wire fraud, money laundering, transporting stolen money, and making and…
Date: April 27, 2022
Docket Number: 21-2410
Justia Opinion Summary: Defendant pleaded guilty to conspiring to launder money for a drug trafficking ring, and the district court, in calculating Defendant’s recommended sentencing range, found that Defendant was responsible for more than…
Date: April 26, 2022
Docket Number: 21-1996
Justia Opinion Summary: Appellant, an asphalt-paving company incorporated under Iowa law, had not paid dividends since the 1970s but has paid its shareholders “management fees” for at least twenty years. There were no written agreements between…
Date: April 26, 2022
Docket Number: 21-2626
Justia Opinion Summary: Plaintiffs, civil detainees in the Minnesota Sex Offender Program (“MSOP”), sued the state defendants arguing that they failed to pay Plaintiffs minimum wage under the Fair Labor Standards Act, 29 U.S.C. Sec. 201. The…
Date: April 25, 2022
Docket Number: 20-3700
Justia Opinion Summary: Defendant was found guilty of unlawful possession of a firearm as a prohibited person, and the district court sentenced him to 71 months’ imprisonment. Defendant appealed, challenging the sufficiency of the evidence to…
Date: April 22, 2022
Docket Number: 21-1856
Justia Opinion Summary: Appellees were the sole owners of an electrical company. Appellant is a general contractor and hired Appellee’s company to do electrical work on various projects. Appellee’s company contracted with suppliers and…
Date: April 22, 2022
Docket Number: 21-2188
Justia Opinion Summary: The National Labor Relations Board (“Board”) entered an order that Defendant committed multiple unfair labor practice violations of Sections 8(a)(1) and (5) of the National Labor Relations Act (the “NLRA”), 29 U.S.C.…
Date: April 22, 2022
Docket Number: 21-2462
Justia Opinion Summary: Plaintiffs’ sought coverage for losses and expenses during the COVID-19 pandemic. The district court granted the insurers’ motion to dismiss. The Eighth Circuit affirmed the district court’s ruling granting Defendant…
Date: April 21, 2022
Docket Number: 20-3330
Justia Opinion Summary: Appellant, as a Trustee of the PCI Liquidating Trust, filed a proceeding against Appellee, Safe Harbor Managed Account 101, Ltd. (“Safe Harbor”) to recover nearly $6.9 million transferred to Safe Harbor as a subsequent…
Date: April 21, 2022
Docket Number: 20-3618
Justia Opinion Summary: The president of the Christian Action League of Minnesota (“CAL”), an antipornography advocacy group, frequently contacts those who advertise in a local newspaper. CAL believes that, since the paper runs advertisements…
Date: April 21, 2022
Docket Number: 21-1026
Justia Opinion Summary: A jury convicted Defendant of conspiring to possess with intent to distribute heroin and cocaine. Defendant argued that the district court erred in overruling his Batson objection, abused its discretion in admitting…
Date: April 20, 2022
Docket Number: 21-1016
Justia Opinion Summary: Defendant appeals the district court’s imposition of a 66-month sentence for illegal possession of a firearm. On appeal, Defendant argues that there was insufficient evidence that he knew he was a prohibited person under…
Date: April 20, 2022
Docket Number: 21-2280
Justia Opinion Summary: Plaintiff filed a third-party slander-of-title claim against various defendants under Missouri law. Plaintiffs purchased a property in Putnam County, Missouri. Under Missouri law, a plaintiff must prove four elements…
Date: April 19, 2022
Docket Number: 20-3551
Justia Opinion Summary: A jury found Defendant guilty of sexual abuse of an incapacitated victim. On appeal, Defendant challenges one pretrial evidentiary ruling by the district court and one of its directives at trial. Defendant argued that…
Date: April 14, 2022
Docket Number: 20-3492
Justia Opinion Summary: Counties sued to quiet title to section line rights-of-way within the Little Missouri National Grassland, a section of the Dakota Prairie Grasslands, and six roads located in McKenzie County. The State also sought to…
Date: April 14, 2022
Docket Number: 20-3576
Justia Opinion Summary: Plaintiff claims his former employer, the Transit Authority of the City of Omaha (“Metro”), discriminated against him based on his disability and retaliated against him for engaging in protected activity. Metro appeals…
Date: April 14, 2022
Docket Number: 21-1611
Justia Opinion Summary: Defendant was found incompetent to stand trial for the criminal charges against him. Defendant filed seventeen pro se motions seeking either release, a competency evaluation, or an order compelling his counsel to file a…
Date: April 14, 2022
Docket Number: 21-2406
Justia Opinion Summary: A confidential informant told police that Defendant was importing heroin from Chicago and selling it at an apartment. A detective applied for a search warrant for Defendant’s apartment to seize evidence of drug…
Date: April 13, 2022
Docket Number: 20-3322
Justia Opinion Summary: Prison corrections officers suspected that Defendant’s family had given him contraband. A strip search did not reveal contraband, but surveillance footage showed Defendant taking bundles out of his shoes and giving them…
Date: April 13, 2022
Docket Number: 21-1788
Justia Opinion Summary: Defendant moved to suppress evidence obtained after police stopped Defendant upon suspicion of criminal activity. He later pled guilty and appealed the district court’s denial of his first motion to suppress, arguing…
Date: April 12, 2022
Docket Number: 20-2884
Justia Opinion Summary: Plaintiff alleges that while he was detained at a detention center, officers subjected him to severe racial harassment, including the use of racial epithets, multiple times per day. He filed several internal grievances,…
Date: April 12, 2022
Docket Number: 20-3626
Justia Opinion Summary: Defendant appeals his conviction on three counts of a four-count indictment for child abuse. Each count concerns a different child. On appeal defendant argues that (1) the district court plainly erred by not giving a…
Date: April 12, 2022
Docket Number: 21-1235
Justia Opinion Summary: Plaintiff arrived at Becker County Jail in Minnesota with a number of physical ailments, two weeks later he was taken to the hospital and subsequently diagnosed with acute myeloid leukemia. Plaintiff filed an action…
Date: April 7, 2022
Docket Number: 20-2099
Justia Opinion Summary: Defendant pleaded guilty to murdering his cousin and her husband. At sentencing, the defendant was represented by two attorneys with experience handling capital cases. The jury returned a sentence of death for each…
Date: April 7, 2022
Docket Number: 20-3216
Justia Opinion Summary: Following the merger of Centene Corporation ("Centene") and Health Net, Inc. ("Health Net)," certain shareholders of Centene (collectively, Plaintiffs) brought five claims on behalf of the corporation against certain of…
Date: April 7, 2022
Docket Number: 20-3443
Justia Opinion Summary: Defendant pled guilty to federal drug charges. The district court determined that defendant had a category VI criminal history and applied a two-level enhancement for reckless endangerment during flight and a three-level…
Date: April 7, 2022
Docket Number: 21-1692
Justia Opinion Summary: Under Michigan abortion law, a minor may bypass the parental-consent requirement by obtaining a court order granting the right to self-consent (for mature minors) or judicial consent (for “best interests” minors). When…
Date: April 7, 2022
Docket Number: 21-1967
Justia Opinion Summary: Officers conducted a traffic stop of a car in which the defendant was the passenger. The officers stated they were concerned the defendant was carrying something, so they handcuffed him. Defendant denied carrying…
Date: April 6, 2022
Docket Number: 21-1116
Justia Opinion Summary: Plaintiff alleges he was unlawfully assaulted, pepper-sprayed, detained in an unlawful mass arrest, and ultimately incarcerated. He sued the City of St. Louis and multiple police officers for First, Fourth, and…
Date: April 5, 2022
Docket Number: 20-2020
Justia Opinion Summary: Plaintiffs, employees of the University of Iowa Hospitals and Clinics sued the Iowa Board of Regents (“Board”), alleging state law claims. The Board removed the case to federal court after the plaintiffs amended their…
Date: April 5, 2022
Docket Number: 20-3296
Justia Opinion Summary: Frustrated with then-President Donald Trump, the defendant obtained his parents' .40 caliber pistol and headed to Washington, D.C. Defendant’s plan was to put himself in a position where he could shoot President Trump.…
Date: April 5, 2022
Docket Number: 20-3697
Justia Opinion Summary: Plaintiff was seriously injured when a pledge of the defendant fraternity snuck into her room and slit her throat after a night of drinking. The plaintiff filed tort claims against the fraternity and related parties…
Date: April 5, 2022
Docket Number: 21-1278
Justia Opinion Summary: Minnesota Governor Walz (“Walz”) signed an executive order mandating a statewide residential eviction moratorium. Heights Apartments, LLC (“Heights”), a property owner of residential units, challenged the executive…
Date: April 5, 2022
Docket Number: 21-2752
Date: April 4, 2022
Docket Number: 19-3266
Justia Opinion Summary: Plaintiff commenced a class-action lawsuit alleging that SC Data Center, Inc. (“SC Data”) committed three violations of the Fair Credit Reporting Act (“FCRA”). The parties reached a settlement agreement. Following the…
Date: April 4, 2022
Docket Numbers: 20-2431, 21-1659
Justia Opinion Summary: Petitioner’s husband is a former police officer who joined the auto-defense group to fight local drug cartels in Mexico. Possibly due to his involvement in the group, Petitioner’s husband went missing. Petitioner and her…
Date: April 4, 2022
Docket Number: 20-2975
Justia Opinion Summary: Plaintiff, a police officer, served in the Intelligence Division. When a new captain took over, he made personnel changes, including the transfer or detachment of 17 male officers and 5 female officers across the…
Date: April 4, 2022
Docket Number: 21-1164
Justia Opinion Summary: Defendant and nine others were charged with conspiring to sell methamphetamine between 2015 and 2019. The other nine co-defendants all pleaded guilty and cooperated with the government in Defendant's case. The…
Date: April 4, 2022
Docket Number: 21-1578
Justia Opinion Summary: Defendant pleaded guilty to embezzlement and conspiracy to embezzle. The sentencing guidelines provided a base range of 8 to 14 months’ imprisonment. However, the prosecution sought an upward variance based on an…
Date: April 1, 2022
Docket Number: 20-2964
Justia Opinion Summary: Petitioners, three brothers who are Bolivian citizens, came to the United States on temporary visas in 2015. Petitioners claim they fled Bolivia because investors in their business, many of whom were retired military and…
Date: April 1, 2022
Docket Number: 21-1191
Justia Opinion Summary: After a civilian reported a vehicle traveling the wrong way on the highway, a state trooper located Defendant driving a vehicle matching the description. The trooper, who had a K9 unit with him, initiated a traffic stop…
Date: March 30, 2022
Docket Number: 21-1585
Justia Opinion Summary: The Eighth Circuit denied a petition for review of the BIA's decision upholding the denial of his application for deferral of removal under the Convention Against Torture (CAT). The court rejected petitioner's contention…
Date: March 29, 2022
Docket Number: 21-1331
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for attempted enticement of a minor and interstate travel with intent to engage in illicit sexual conduct. The court concluded that the evidence was…
Date: March 28, 2022
Docket Number: 20-3046
Justia Opinion Summary: The Eighth Circuit affirmed the district court's adverse grant of summary judgment in favor of Bi-State in an action brought by plaintiff under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The…
Date: March 28, 2022
Docket Number: 20-3728
Justia Opinion Summary: The Eighth Circuit reversed the district court's adverse grant of summary judgment in favor of Metro Transit in an action brought by plaintiff, who is blind and deaf, alleging claims under the Americans with Disabilities…
Date: March 24, 2022
Docket Numbers: 20-1961, 20-3581
Justia Opinion Summary: The Eighth Circuit agreed with the district court that an automated marketing system that sends promotional text messages to phone numbers randomly selected from a database of customers' information is not an automated…
Date: March 24, 2022
Docket Number: 21-2037
Justia Opinion Summary: The Eighth Circuit affirmed the district court's revocation of supervised release and imposition of a three year prison sentence. The court concluded that the district court did not impermissibly lengthened defendant's…
Date: March 21, 2022
Docket Number: 20-3506
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for sexual exploitation of a child and possession of child pornography. Any error in admitting an expert witness's testimony comparing finger and knuckle creases in…
Date: March 21, 2022
Docket Number: 21-1406
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence for accessing the internet with intent to view child pornography. The court concluded that defendant's within-Guidelines sentence of 48 months in prison was not…
Date: March 18, 2022
Docket Number: 20-2846
Justia Opinion Summary: After plaintiff filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, the district court dismissed most of his claims but granted a certificate of appealability on whether plaintiff's…
Date: March 18, 2022
Docket Number: 20-3575
Justia Opinion Summary: The Eighth Circuit denied petitions for review of the BIA's decision denying petitioner's application for cancellation of removal. The court concluded that, while the BIA's decision is no model of clarity and is…
Date: March 18, 2022
Docket Number: 21-1627
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order denying defendant's motion for reduction of sentence under 18 U.S.C. 3582(c)(1)(A). The court concluded that the district court did not err in concluding that…
Date: March 17, 2022
Docket Number: 21-1186
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for production and attempted production of child pornography and extortion. The court concluded that the district court did not err by refusing to admit a text message…
Date: March 16, 2022
Docket Number: 20-3662
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of petitioner's motion for post-conviction relief under 28 U.S.C. 2255. The court concluded that trial counsel's failure to object to a sentencing enhancement,…
Date: March 14, 2022
Docket Number: 20-3493
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of the landlords' motion for a preliminary injunction in an action challenging the Minneapolis City Council's enactment of Ordinance No. 244.2030 under the Fifth…
Date: March 14, 2022
Docket Number: 21-1071
Justia Opinion Summary: Plaintiff filed suit against Morton County and North Dakota state officials under 42 U.S.C. 1983, alleging that a violation of his First, Fourth, and Fourteenth Amendment rights related to an incident where law…
Date: March 14, 2022
Docket Number: 21-1428
Justia Opinion Summary: After a jury found plaintiff not guilty of a drug trafficking offense, he filed a civil rights action against two police officers alleging they conspired to include false statements in an affidavit of probable cause…
Date: March 11, 2022
Docket Number: 20-2912
Justia Opinion Summary: The Eighth Circuit reversed the district court's grant of summary judgment in favor of the law firm in a legal malpractice action brought by Gerber, alleging that the firm disclosed privileged documents. Applying the…
Date: March 11, 2022
Docket Number: 20-3088
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of the government defendants' motion for summary judgment, upholding the denial of plaintiff's Form I-130 Petition for Alien Relative on behalf of her husband. USCIS…
Date: March 11, 2022
Docket Number: 20-3736
Justia Opinion Summary: The Eighth Circuit vacated defendant's sentence for enticing a minor to engage in sexual activity and remanded for resentencing. The court concluded that Federal Rule of Criminal Procedure 32(g) was violated when the…
Date: March 9, 2022
Docket Number: 20-3341
Justia Opinion Summary: The Eighth Circuit affirmed the district court's order upholding the Commissioner's denial of social security disability insurance benefits (DIB). The court concluded that substantial evidence supported the determination…
Date: March 9, 2022
Docket Number: 20-3507
Justia Opinion Summary: Defendant appealed his sentence imposed after he pleaded guilty to conspiring to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The Eighth Circuit enforced…
Date: March 9, 2022
Docket Number: 21-1450
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of qualified immunity to a police officer in an action brought by Marquis Jones's estate, alleging claims under state and federal law after a police officer shot…
Date: March 9, 2022
Docket Number: 21-1875
Justia Opinion Summary: The Eighth Circuit affirmed the district court's determination that a consequential-damages exclusion is enforceable in a contract for the sale of goods. The court concluded that the contract is clear that Viracon is not…
Date: March 8, 2022
Docket Number: 20-3689
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of plaintiffs' putative class action, alleging that they were misled by claims made on packages of dog food manufactured and distributed by Champion. Because…
Date: March 7, 2022
Docket Number: 21-1713
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for distribution of fentanyl resulting in death and conspiracy to distribute fentanyl. The court concluded that there was no error in the district court's denial of…
Date: March 7, 2022
Docket Number: 21-3133
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence imposed by the district court after this court's remand for resentencing on his conviction for firearm offenses. The court concluded that the district court did not…
Date: March 4, 2022
Docket Number: 19-3449
Justia Opinion Summary: The Eighth Circuit affirmed the district court's dismissal of a petition for writ of habeas corpus under 28 U.S.C. 2241 challenging petitioner's conviction for distributing heroin resulting in death of another person.…
Date: March 4, 2022
Docket Numbers: 20-3065, 20-3133
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for possessing a firearm as a convicted felon and the district court's denial of his motion to suppress. In regard to the suppression motions, the court concluded that…
Date: March 4, 2022
Docket Number: 21-1975
Justia Opinion Summary: Tumey filed suit alleging that Tumey's representation of Voice Tech Corporation in pending and separate patent infringement lawsuits against Mycroft prompted Mycroft to retaliate by launching and/or inspiring a series of…
Date: March 3, 2022
Docket Number: 20-3116
Justia Opinion Summary: The Eighth Circuit affirmed defendant's enhanced sentence under the Armed Career Criminal Act (ACCA), concluding that defendant's three burglary convictions under Texas Penal Code Ann. Sec. 30.03(c)(2) qualified as…
Date: March 3, 2022
Docket Number: 20-3308
Justia Opinion Summary: Based upon its belief that Walmart has failed to comply with the terms of an injunction, Cuker sought to initiate contempt proceedings against Walmart, requesting supplemental damages for Walmart's post-verdict use of…
Date: March 3, 2022
Docket Number: 20-3362
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence of six counts for being a felon in possession of a firearm. The court concluded that the district court did not err in denying defendant's request for an…
Date: March 3, 2022
Docket Number: 21-1070
Justia Opinion Summary: The Eighth Circuit affirmed the district court's reduction of SLF's request for an award of attorneys' fees. The court also affirmed the denial of SLF's motion to recuse, concluding that the unsupported and self-serving…
Date: March 3, 2022
Docket Number: 21-1403
Justia Opinion Summary: Officer Deaver learned Hansen's girlfriend had purchased a shotgun, listing her address as the home she shared with Hansen. Knowing Hansen had a prior felony conviction, Deaver rode to the property, on a pickup day, in a…
Date: March 3, 2022
Docket Number: 21-1511
Justia Opinion Summary: During an investigation of a peer-to-peer computer file-sharing network being used to acquire child pornography, officers learned from Sandell's neighbor that Sandell had asked to use their Wi-Fi to access the internet…
Date: March 3, 2022
Docket Number: 21-1624
Justia Opinion Summary: When Menjivar was 10 years old, her family started attending an evangelical church in El Salvador. Menjivar became a youth leader. Menjivar, her sister, and other youth group members preached to young people. One of…
Date: March 3, 2022
Docket Number: 21-2933
Justia Opinion Summary: Cline pleaded guilty to knowing receipt of child pornography, 18 U.S.C. 2252(a)(2), with an appeal waiver. His court-appointed counsel filed an “Anders” motion to withdraw on the ground that the appeal presents no…
Date: March 1, 2022
Docket Number: 20-3720
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for conspiring to distribute methamphetamine in violation of 21 U.S.C. 846, and possessing a firearm as a felon in violation of 18 U.S.C. 922(g)(1) and…
Date: March 1, 2022
Docket Numbers: 21-1844, 21-1846
Justia Opinion Summary: The Eighth Circuit affirmed the district court's grant of summary judgment in favor of First Care in an action brought by plaintiffs, alleging that First Care unlawfully terminated them from their positions at an…
Date: February 28, 2022
Docket Number: 20-3426
Justia Opinion Summary: The Eighth Circuit concluded that it lacked jurisdiction to review the BIA's refusal to sua sponte reopen immigration proceedings because the decision is purely discretionary. The court also concluded that equitable…
Date: February 23, 2022
Docket Number: 21-2496
Justia Opinion Summary: Boor and Edson owned Brava, which had intellectual property and technical knowledge related to composite roofing. Wildhawk inquired about purchasing Brava. Boor proposed “an exclusive license for manufacturing current…
Date: February 22, 2022
Docket Number: 20-3036
Justia Opinion Summary: Gallegos, a citizen of Mexico, gained Lawful Permanent Resident status through her marriage to a U.S. citizen. After Gallegos petitioned to dissolve the marriage, DHS concluded that the marriage was fraudulent. DHS…
Date: February 22, 2022
Docket Number: 20-3579
Justia Opinion Summary: Collins paid a minor for sex acts. While in detention, he contacted potential witnesses with instructions on what to say to law enforcement and with questions about the victim’s whereabouts and violated a no-contact…
Date: February 22, 2022
Docket Number: 21-1279
Justia Opinion Summary: The Missouri Division of Family Services (DFS) hotline received a call reporting drug activity, verbal abuse of children, and weapons at the house where Alloway lived with her boyfriend and his children. A DFS social…
Date: February 18, 2022
Docket Number: 21-1888
Justia Opinion Summary: Jones transported large amounts of methamphetamine from California to Arkansas and large amounts of money back to California. In January-February of 2019, Jones made at least seven round trips transporting drugs and…
Date: February 18, 2022
Docket Number: 21-2151
Justia Opinion Summary: Fisher was charged with conspiracy to distribute 50 grams or more of methamphetamine and two counts of possession with intent to distribute 50 grams or more of methamphetamine, 21 U.S.C. 841(a)(1); 846. The government…
Date: February 17, 2022
Docket Number: 21-2200
Justia Opinion Summary: After RMC implemented new staffing grids for registered nurses at its acute-care hospital, the Union filed a grievance under the parties’ collective bargaining agreement (CBA) and later sought arbitration. The grievance…
Date: February 16, 2022
Docket Numbers: 19-3427, 19-3497
Justia Opinion Summary: After a fire destroyed Merechka's home, Vigilant denied his insurance claim, which sought $634,000 for the dwelling and $475,500 for its contents. During its investigation, Vigilant discovered that Merechka had filed for…
Date: February 16, 2022
Docket Number: 20-3268
Justia Opinion Summary: Chol, a citizen of South Sudan, was born in a refugee camp in Uganda. At age five, he was admitted to the U.S. as a lawful permanent resident. Twelve years later, he was convicted of two counts of robbery and sentenced…
Date: February 16, 2022
Docket Number: 20-3730
Justia Opinion Summary: Tyler owned a Minneapolis condominium. She stopped paying her property taxes and accumulated a tax debt of $15,000. To satisfy the debt, Hennepin County foreclosed on Tyler’s property and sold it for $40,000. The county…
Date: February 15, 2022
Docket Number: 21-1131
Justia Opinion Summary: In 2015, Powley joined RCX as a driver. RCX accommodated multiple requests for leave, specific trucks, and specific shifts based on doctors’ notes. In May 2018, Powley became a dispatcher. On August 8, Powley provided…
Date: February 14, 2022
Docket Number: 20-2879
Justia Opinion Summary: A judgment creditor’s attorney, Rodenburg, mailed the consumer debtor, Ojogwu a copy of the garnishment summons Rodenburg had served on garnishee US Bank, knowing that Ojogwu had retained counsel after the default…
Date: February 14, 2022
Docket Number: 20-3302
Justia Opinion Summary: Robinson filed a 42 U.S.C. 1983 lawsuit six years and one day after police officers arrested and allegedly beat him. The day before he sued was Veterans Day, so federal courthouses were closed. The defendants argued that…
Date: February 14, 2022
Docket Number: 20-3524
Justia Opinion Summary: In 2013, Vercellino was injured in an accident while riding on an ATV operated by his friend, Kenney. Both were minors. Vercellino was a covered dependent on his mother’s insurance plan. The plan is self-funded, so…
Date: February 11, 2022
Docket Number: 20-1345
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence for a firearm offense, concluding that his convictions for attempted second-degree murder in violation of Minn. Stat. Sections 609.17, subdiv. 1; and 609.19(1), were…
Date: February 11, 2022
Docket Number: 20-2328
Justia Opinion Summary: The Eighth Circuit dismissed defendant's appeal of the district court's denial of his motion for extension of time to file a motion to vacate under 28 U.S.C. 2255 as moot, and vacated the district court's order denying…
Date: February 9, 2022
Docket Number: 20-2404
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction for possession of a firearm charge, as well as forcibly assaulting, resisting, or impeding law enforcement with a dangerous weapon in violation of 18 U.S.C. 111(a)(1)…
Date: February 9, 2022
Docket Number: 20-3611
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion for a reduction of sentence, holding that a non-retroactive change in the law under which defendant was sentenced cannot constitute an…
Date: February 9, 2022
Docket Number: 20-3711
Justia Opinion Summary: Plaintiff filed suit against the insurers, seeking to represent a nationwide class of people whose trips were cancelled because of COVID-19 stay-at-home orders and who were not paid by these insurers. The Eighth Circuit…
Date: February 9, 2022
Docket Number: 20-3737
Justia Opinion Summary: The Eighth Circuit denied the petition for review of an order of the BIA upholding the denial of his motion to reopen proceedings and to rescind an order of removal entered in absentia. The court concluded that the…
Date: February 8, 2022
Docket Number: 21-1444
Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for being a felon in possession of ammunition, namely, five .45-caliber shell casings found at the scene of the shooting. The court concluded that the…
Date: February 7, 2022
Docket Number: 20-1042
Justia Opinion Summary: The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress in a case where he conditionally pleaded guilty to possession with intent to distribute a mixture or substance containing heroin.…
Date: February 7, 2022
Docket Number: 21-1568
Justia Opinion Summary: Defendant appeals a portion of the judgment in his criminal case imposing an assessment of $5,000 under the Justice for Victims of Trafficking Act. The court concluded that a remand for further proceedings is warranted…
Date: February 4, 2022
Docket Number: 20-1328
Justia Opinion Summary: He, a 28-year-old native of China, entered the U.S. in 2012 without inspection. He applied for asylum, withholding of removal, and relief under the Convention Against Torture, claiming past persecution and well-founded…
Date: February 4, 2022
Docket Number: 21-1533
Justia Opinion Summary: Lopez-Castillo pled guilty to unlawfully possessing a firearm as both a felon and a domestic violence misdemeanant, 18 U.S.C. 922(g)(1), (g)(9); 924(a)(2). The district court concluded Lopez-Castillo’ had two prior…
Date: February 3, 2022
Docket Number: 20-3340
Justia Opinion Summary: Alissa's Flowers filed suit against State Farm, alleging that it had overpaid its premiums to State Farm in light of its significantly lower exposure rate due to COVID-19. State Farm moved to dismiss the amended…
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