[ August 31, 2000 ]
001293U.pdf 08/31/00 John D. Johnson v. State of IA
U.S. Court of Appeals Case No. 00-1293
Northern District of Iowa
Prisoner case. District court did not err in dismissing motion
for restraining order as the relief Johnson sought can only
be obtained in a habeas action after exhaustion of state remedies.
001475U.pdf 08/31/00 William P. Lacey v. IA Bd. of Correction
U.S. Court of Appeals Case No. 00-1475
Southern District of Iowa
Prisoner case - prisoner civil rights. District court did not err in
dismissing complaint for failure to exhaust administrative remedies.
001928U.pdf 08/31/00 John P. Ponder v. Wackenhut
U.S. Court of Appeals Case No. 00-1928
Eastern District of Arkansas
Prisoner case - prisoner civil rights. District court did not err in
dismissing complaint for failure to exhaust administrative remedies.
002371U.pdf 08/31/00 Deborah Markham v. Maryland Heights
U.S. Court of Appeals Case No. 00-2371
Eastern District of Missouri
Civil case - civil procedure. District court did not abuse its
discretion in denying Rule 60(b) motion as untimely.
991188P.pdf 08/31/00 Aaron M. DeRoo v. United States
U.S. Court of Appeals Case No. 99-1188
District of North Dakota
Prisoner case - habeas. District court erred in dismissing
habeas petition on ground DeRoo waived his right to file
a habeas petition as part of his plea agreement, as the petition
raised an issue as to whether the plea agreement was knowingly
and voluntarily entered into; even if counsel was ineffective
in failing to move to dismiss the indictment, DeRoo suffered
no prejudice because there was no reasonable probability the
motion would have been successful; waiver of right to
appeal was knowing and voluntary; however, the court
erred in sentencing DeRoo as a career offender because
a Minnesota conviction for fifth degree sale of drugs is not
considered a serious drug offense; case remanded for
resentencing.
992282P.pdf 08/31/00 Willie Taylor v. William Howe
U.S. Court of Appeals Case No. 99-2282
Eastern District of Arkansas
Civil case - elections. With some exceptions, district court
did not err in finding that plaintiffs failed to establish
intentional discrimination by poll watchers in elections for
local offices in Crittendon County, Arkansas; with respect
to the plaintiffs who did establish discrimination, case
remanded for calculation of damages.
992343U.pdf 08/31/00 USA v. Reginald Arline
U.S. Court of Appeals Case No. 99-2343
and No. 99-2345
Southern District of Iowa
Prisoner case - habeas. Prisoners failed to show Bailey violation.
992506U.pdf 08/31/00 Rory Allen Gregory v. United States
U.S. Court of Appeals Case No. 99-2506
Western District of Arkansas
Prisoner case- habeas. Conviction upon guilty plea as a
principal when the indictment included aiding and abetting
language did not violate Gregory's constitutional rights.
993654P.pdf 08/31/00 United States v. Santos Tavares
U.S. Court of Appeals Case No. 99-3654
District of Minnesota
Criminal case - criminal law. In light of significant federal
involvement in executing state search warrant, federal law
applies to determine propriety of the agents' actions; here,
failure to knock and announce violated 18 U.S.C.
Section 3109, and the search must be suppressed.
993804P.pdf 08/31/00 Virginia Fowler v. Smithkline Beecham
U.S. Court of Appeals Case No. 99-3804
Eastern District of Arkansas
Civil case - fraud. Employee failed to show employer
fraudulently promised she wold continue to receive
mileage payments.
993857P.pdf 08/31/00 USA v. Ivy Nelson Fountain
U.S. Court of Appeals Case No. 99-3857
Northern District of Iowa
Criminal case - Sentencing Guidelines. Substantial assistance
is not grounds for a downward departure under Section 5K2.0.
993948P.pdf 08/31/00 Debra J. Wheeler v. Kenneth Apfel
U.S. Court of Appeals Case No. 99-3948
Western District of Missouri
Civil case - Social Security. ALJ did not err in discounting
subjective complaints of pain; medical evidence did not
support claimed severity of the pain; hypothetical question
posed to vocational expert was not erroneous.
994022P.pdf 08/31/00 Rogina Ribbey v. Gregory Cox
U.S. Court of Appeals Case No. 99-4022
Southern District of Iowa
Civil case - civil rights. District court did not err in denying
trooper's motion for summary judgment based on qualified
immunity; there was a genuine issue of material fact as
to whether plaintiff's actions justified trooper's decision
to shoot him.
994329U.pdf 08/31/00 Daryl Smith v. Quartet Sales, Inc.
U.S. Court of Appeals Case No. 99-4329
Eastern District of Missouri
Civil case - torts. District court order granting defendant a
summary judgment on plaintiff's product liability claim
affirmed without comment.
[ August 29, 2000 ]
003056U.pdf 08/29/00 Gary Roll, et al. v. Mel Carnahan, etc., et al.
U.S. Court of Appeals Case No. 00-3056
Eastern District of Missouri
EMERGENCY FILING - 4:00 p.m.
006005P.pdf 08/29/00 Kip M. Kaler v. David A. Overboe
U.S. Court of Appeals Case No. 00-6005
District of North Dakota
Bankruptcy Appellate Panel. Bankruptcy court did not err
in avoiding a pre-petition transfer as preferential.
992498P.pdf 08/29/00 United States v. Calvin Edwards
U.S. Court of Appeals Case No. 99-2498
Western District of Missouri
Prisoner case - habeas. Discretionary decision not to grant
a downward departure is unreviewable; Edwards failed to
show sentence imposed on remand was vindictive; court
did not err in refusing to consider post-sentencing conduct
as a basis for downward departure, as good conduct in
prison is not grounds for a downward departure at resentencing.
993307P.pdf 08/29/00 Wells Fargo & Co. v. Commissioner IR
U.S. Court of Appeals Case No. 99-3307
Civil case - Federal Tax. Tax court erred in requiring taxpayer to
capitalize corporate officers' salaries simply because the salaries
were incidentally connected with a future benefit; tax court
should have analyzed each expenditure to determine whether it
was ordinary; officers' salaries were a fully deductible expense;
certain legal expenses were deductible because they were
attributable to the investigatory stage of a transaction; other
fees had to be capitalized because they were incurred after
the final decision to make the acquisition had been reached.
993829P.pdf 08/29/00 Dwight Lindquist v. Marjorie Dorholt
U.S. Court of Appeals Case No. 99-3829
District of Minnesota
Civil case - Bankruptcy. Bankruptcy Appellate Panel decision
reversing the bankruptcy court's decision avoiding a security
interest as a preferential transfer affirmed; the loan and the
security interest were substantially contemporaneous even
though the security interest was not perfected within ten days.
[ August 23, 2000 ]
001123P.pdf 08/23/00 Loretta Page v. AR Dept. of
U.S. Court of Appeals Case No. 00-1123
Eastern District of Arkansas
Civil case - civil rights. District court erred in finding pro se
letter and attachments were not sufficient to initiate Title VII
action in a timely manner; filing was the substantial
equivalent of a complaint, described the alleged
discriminatory conduct and invoked Title VII protection.
[ August 22, 2000 ]
001060P.pdf 08/22/00 Jack Spencer Evans v. Russell Rogerson
U.S. Court of Appeals Case No. 00-1060
Southern District of Iowa
Prisoner case - habeas. District court erred when it found the state
court made an unreasonable determination of fact in rejecting
Evan's claim that the police violated his Fifth Amendment privilege
against self-incrimination; grant of habeas relief reversed.
991424P.pdf 08/22/00 Marvin Lumber v. PPG Industries
U.S. Court of Appeals Case No. 99-1424
District of Minnesota
Civil case - Uniform Commercial Code. District court erred in
dismissing Marvin's breach of contract claims as there was a jury issue
as to whether PPG expressly warranted the future performance of its
wood preservatives; other claims related to breach of contract, warranties
and fraudulent misrepresentation were time-barred; Marvin was a dealer
with respect to the transactions here and the economic loss doctrine
operates to limit Marvin's tort claims; negligence and strict liability
claims were properly dismissed; Minnesota consumer protection
statutes do not apply to a merchant such as Marvin; dissent by Judge Lay.
993762P.pdf 08/22/00 Louis C. Cross, III v. Cleveland Hammonds
U.S. Court of Appeals Case No. 99-3762
Eastern District of Missouri
Civil case - civil rights. District did not violate plaintiff's substantive
due process rights by assigning him to a shorter tenure after he returned
from a leave of absence; as a certified guidance counselor, plaintiff did
not have a statutory right to a hearing before the assignment was made.
993917P.pdf 08/22/00 Faye Anastasoff v. USA
U.S. Court of Appeals Case No. 99-3917
Eastern District of Missouri
Civil case - civil procedure. District court did not err in finding
26 U.S.C. Section 7502 did not save plaintiff's claim for a tax refund.
Court finds unconstitutional that portion of Eighth Circuit Rule 28A(i)
which states that unpublished opinions are not precedent. Court provides
a detailed discussion of precedent and unpublished opinions.
993945P.pdf 08/22/00 United States v. Leland Duane Young
U.S. Court of Appeals Case No. 99-3945
Northern District of Iowa
Criminal case - criminal law. District court erred in suppressing
defendant's inculpatory affidavit; while document was subject to the
protections of evidentiary Rule 410 and procedural Rule 11(e)(6),
defendant waived his rights under the plea-statement rules, and the
government should have been allowed to introduce the statement
into evidence.
[ August 21, 2000 ]
992366P.pdf 08/21/00 Baldeo K. Singh v. Kenneth S. Apfel
U.S. Court of Appeals Case No. 99-2366
District of Minnesota
Civil case - Social Security. ALJ failed to properly credit
treating physician's opinion and erred in discrediting
claimant's subjective complaints of pain; question posed
to vocational expert did not adequately reflect claimant's
impairments; case remanded with directions to award
benefits.
993395P.pdf 08/21/00 Elbert A. Walton v. John V. LaBarge
U.S. Court of Appeals Case No. 99-3395
Eastern District of Missouri
Civil case - bankruptcy. Bankruptcy court did not err in requiring
attorney to disgorge fees he had received or in ordering him to
pay costs to the United States trustee who investigated his
conduct in six Chapter 13 cases; evidence supported finding
that attorney had failed to properly represent the debtors or
perform the duties contemplated by the fees they paid him.
993436U.pdf 08/21/00 United States v. David Alan Clemens
U.S. Court of Appeals Case No. 99-3436
Western District of Missouri
Criminal case - criminal law. Even if warrant application was
not supported by probable cause, the Leon good faith exception
applied, and the district court did not err in denying defendant's
motion to suppress the fruits of the search.
993482P.pdf 08/21/00 Mary McClure v. American Family
U.S. Court of Appeals Case No. 99-3482
District of Minnesota
Civil case - torts. Statements made by defendant in connection
with the termination of the plaintiffs as insurance brokers did
not defame plaintiffs as the statements did not contain provably
false statements of fact; statements did not violate the
Minnesota Deceptive Trade Practices Act; statements did
not constitute tortious interference with business relationships;
legislation subsequently enacted to limit insurance companies'
ability to terminate employees for contacting government
agencies did not create a remedy for these plaintiffs;
terminations did not violate plaintiffs' employment contracts.
993669P.pdf 08/21/00 Jim Burnside v. Kenneth Apfel
U.S. Court of Appeals Case No. 99-3669
Eastern District of Arkansas
Civil case - Social Security. ALJ erred in discounting
claimant's complaints of shortness of breath and
improperly concluded that claimant had no nonexertional
limitation, such as a requirement that he work in a clean
environment; case remanded for further proceedings.
993916P.pdf 08/21/00 Cynthia M. Dykes v. Kenneth Apfel
U.S. Court of Appeals Case No. 99-3916
Southern District of Iowa
Civil case - Social Security. ALJ did not err in finding
claimant retained residual functional capacity.
994288P.pdf 08/21/00 USA v. David Jon Gotchnik
U.S. Court of Appeals Case No. 99-4288
and No. 99-4293
and No. 99-4292
and No. 99-4290
and No. 99-4289
District of Minnesota
Criminal case - criminal law. While defendants, as members
of the Bois Forte Band of Chippewa Indians, had the right
to hunt and fish in the Boundary Waters Area, the Boundary
Water Act's prohibition of the use of motorboats and motor
vehicles in this area did not violate their rights under an
1854 treaty; the use of the most advanced means of
transportation to reach the hunting and fishing areas is
merely peripheral to the treaty rights, and a prohibition on
the use of such methods did not effectively preclude
plaintiffs from exercising their rights.
[ August 18, 2000 ]
992083P.pdf 08/18/00 United States v. Theodore Tiger
U.S. Court of Appeals Case No. 99-2083
Western District of Missouri
Criminal case - Sentencing Guidelines. Any error in including
misdemeanor conviction in criminal history was harmless as the
district court clearly stated the sentence would be same with or
without the additional point; argument concerning evidentiary
point was withdrawn at sentencing and did not provide a basis
for review on appeal.
992170P.pdf 08/18/00 Kathleen Burds v. Union Pacific Corp.
U.S. Court of Appeals Case No. 99-2170
Eastern District of Missouri
Civil case - ERISA. Plaintiffs' ERISA claims were barred as
they failed to exhaust their administrative remedies.
993512U.pdf 08/18/00 Lisa Perks v. Kenneth S. Apfel
U.S. Court of Appeals Case No. 99-3512
Western District of Missouri
Civil case - Social Security. Claimant for surviving child benefits
failed to establish, by clear and convincing evidence, that the
deceased was the natural father of her child.
993518P.pdf 08/18/00 Bernard Cavegn v. Twin City Pipe
U.S. Court of Appeals Case No. 99-3518
District of Minnesota
Civil case - ERISA. District court erred in finding ERISA
action was barred by Minnesota's two-year statute of
limitations, as Plan administrators specifically informed
plaintiff that his second application for benefits was being
treated as a new application, and the time for filing this
action ran from the denial of this second application rather
than from denial of the initial application; court would not
consider merits of the claim; matter remanded to the district
court for further proceedings on the merits.
994138P.pdf 08/18/00 Clyde M. Lawson v. Andrew Hulm
U.S. Court of Appeals Case No. 99-4138
District of South Dakota
Civil case - civil rights. State troopers were entitled to qualified
immunity on claim they used unreasonable force to subdue
plaintiff as they reasonably believed he was concealing a
weapon and that another trooper's life was in imminent danger.
994192P.pdf 08/18/00 Deborah Schoffstall v. William Henderson
U.S. Court of Appeals Case No. 99-4192
District of North Dakota
Civil case - civil rights. District court did not err in dismissing
claims concerning emotional distress as a sanction after
plaintiff instructed her health care providers not to respond
to defendant's discovery requests and to dishonor her signed
releases; by placing her medical condition in issue, plaintiff
waived the psychotherapist-patient privilege and was not
entitled to a protective order regarding the information
defendant sought; plaintiff failed to establish defendant's
actions in requiring her to take a physical or in giving her
administrative leave while it determined her work status
amounted to adverse employment action for sex discrimination
or retaliation claim purposes; while supervisor's actions were
boorish, plaintiff failed to show they were motivated by her gender.
994213P.pdf 08/18/00 United States v. Riccy Wells
U.S. Court of Appeals Case No. 99-4213
Western District of Missouri
Criminal case - criminal law. After deletion of misleading and
inaccurate information, reconstructed search warrant
affidavit failed to establish probable cause for search,
and the district court did not err in suppressing the fruits
of the search.
[ August 17, 2000 ]
006009P.pdf 08/17/00 Donna Callier v. Leo J. Callier
U.S. Court of Appeals Case No. 00-6009
Eastern District of Missouri
Bankruptcy Appellate Panel. Bankruptcy court erred in
reforming deed because there was no finding or evidence
of mistake in the conveyance on the part of the grantor;
under Missouri law, mistake on the part of one party to
the instrument is insufficient to support reformation.
006022P.pdf 08/17/00 Kip M. Kaler v. Dean Nelson
U.S. Court of Appeals Case No. 00-6022
District of North Dakota
Bankruptcy Appellate Panel. Bankruptcy court did not
err when ir ordered the trustee to abandon two parcels of
property on the ground the parcels were of inconsequential
value and benefit to the estate.
992122U.pdf 08/17/00 William Thomas Meloy v. Timothy Schuetzle
U.S. Court of Appeals Case No. 99-2122
District of North Dakota
Prisoner case - prisoner civil rights. District court did not
err in dismissing Medcenter One from plaintiff's action
alleging deliberate indifference to medical needs, as plaintiff
failed to allege Medcenter had implemented a policy or
custom which violated his Eighth Amendment rights;
however, court erred in dismissing claim as to medical
director and warden as it is possible plaintiff could, based
on his complaint, show they knew of and disregarded his
need for a Continuous Positive Airflow machine to treat
his obstructive sleep apnea.
993522P.pdf 08/17/00 USA v. Michael Negele
U.S. Court of Appeals Case No. 99-3522
Eastern District of Missouri
Civil case - immigration. Jurisdictional challenges to order
revoking citizenship rejected; record established Negele was
ineligible for U.S. citizenship based on his activities as a
member of the Waffen SS Death's Head Unit and improperly
entered the U.S. in 1950 without a valid visa; district court
did not err in revoking Negele's citizenship or in cancelling
his certificate of naturalization.
[ August 16, 2000 ]
993172P.pdf 08/16/00 Tracy Williams v. City of Kansas City
U.S. Court of Appeals Case No. 99-3172
and No. 99-3273
Western District of Missouri
Civil case - civil rights. Evidence was sufficient to support
jury verdict for plaintiff on her hostile work environment
claim, but it was not sufficient to support her jury verdict
on her retaliation claims; while certain evidence, including
evidence of supervisor's past affairs, was improperly
admitted, the errors did not require a new trial.
994032U.pdf 08/16/00 Jay Gunderson v. ADM Investor Service
U.S. Court of Appeals Case No. 99-4032
Northern District of Iowa
Civil case - fraud. District court erred in dismissing fraud count
for failure to state a claim as plaintiffs' allegations of an agency
relation between ADM and the other defendants were legally
sufficient.
[ August 15, 2000 ]
006054P.pdf 08/15/00 Joseph Allen May v. IRS
U.S. Court of Appeals Case No. 00-6054
Western District of Missouri
Bankruptcy Appellate Panel. Evidence was overwhelming
that May wilfully attempted to avoid his federal tax obligations,
and the obligations were not dischargeable.
992511P.pdf 08/15/00 Robert J. Blackwell v. Michael Lurie
U.S. Court of Appeals Case No. 99-2511
Eastern District of Missouri
Civil case - bankruptcy. Bankruptcy Appellate Panel decision
affirming bankruptcy court ruling finding void a transfer of real
property reversed; Panel erred in finding debtor's disclaimer with
respect to real property transaction was void and unenforceable;
debtor never accepted his interest in the property and therefore could
not have fraudulently transferred the property to his sons; case
remanded for further proceedings on damages owed to sons as a
result of their loss of their interest in the property.
992517P.pdf 08/15/00 Thelma Barton v. Wal-Mart Stores
U.S. Court of Appeals Case No. 99-2517
Eastern District of Arkansas
Civil case - civil rights. District court order granting attorneys'
fees in sexual harassment case affirmed.
992945U.pdf 08/15/00 Marvin D. Sisk v. Michael Kubik
U.S. Court of Appeals Case No. 99-2945
Northern District of Iowa
Prisoner case - prisoner civil rights. District court did not err
in granting medical personnel's motion for summary judgment
on deliberate indifference to medical needs claims, as plaintiff
failed to show the nurses failed to provide essential medical care
or investigate an acute or escalating condition.
993103P.pdf 08/15/00 Jodi M. Carlson v. Hyundai Motor Co.
U.S. Court of Appeals Case No. 99-3103
District of Minnesota
Civil case - civil procedure. Plaintiff's case was not pending at
the time the Minnesota State Legislature modified its seat belt gag
rule; this court issued its mandate prior to effective date of the
legislation and no certiorari petition was pending on the effective
date; fact that time for filing for certiorari had not expired did not
mean the case was pending.
993499U.pdf 08/15/00 United States v. Lee Ronald Dahmer
U.S. Court of Appeals Case No. 99-3499
Western District of Missouri
Civil case - taxes. District court order granting U.S. a summary
judgment on its action to foreclose its tax liens affirmed without comment.
[ August 14, 2000 ]
001063P.pdf 08/14/00 USA v. Luiz Carlos Gonzales
U.S. Court of Appeals Case No. 00-1063
District of Nebraska
Criminal case - Criminal law. Information provided to police
by defendant's accomplice was sufficient to provide reasonable
suspicion to stop defendant's vehicle, even though accomplice
initially lied to police about his involvement and then
"came clean" upon further questioning; police had probable
cause for arrest; no error in sentencing defendant as a career
offender.
001659U.pdf 08/14/00 United States v. Oscar L. Ventura
U.S. Court of Appeals Case No. 00-1659
Western District of Missouri
Criminal case - Sentencing Guidelines. Court did not err in not
granting downward departure on unrequested ground.
993059U.pdf 08/14/00 Gary Fuller v. Wendell Rayburn
U.S. Court of Appeals Case No. 99-3059
Western District of Missouri
Civil case - civil rights. In absence of a transcript of proceedings,
court cannot determine whether verdict was against the weight
of the evidence.
994158U.pdf 08/14/00 USA v. Noel Flores-Garcia
U.S. Court of Appeals Case No. 99-4158
Southern District of Iowa
Criminal case - Sentencing Guidelines. Discretionary refusal
to grant a downward departure is unreviewable; failure to
advise defendant of his rights under the Vienna Convention is
not a jurisdictional defect and was waived by his guilty plea.
994208P.pdf 08/14/00 George Willis v. State Farm
U.S. Court of Appeals Case No. 99-4208
Western District of Arkansas
Civil case -Insurance law. Evidence was sufficient to support
jury verdict for insurer on grounds plaintiffs had made
materially false statements in their insurance claim, and
district court erred in granting plaintiff's motion for a new trial.
994219P.pdf 08/14/00 Trailmobile Trailer v. Electrical Workers
U.S. Court of Appeals Case No. 99-4219
Eastern District of Arkansas
Civil case - Arbitration. Whether employee was discharged for
just cause was a matter of contract interpretation within the
arbitrator's domain; arbitrator did not ignore the plain language
of the agreement when he interpreted the collective bargaining
agreement to find that while employee had engaged in a fight,
he should not have been discharged.
994256U.pdf 08/14/00 Roderick Dodson v. City of St. Louis
U.S. Court of Appeals Case No. 99-4256
Eastern District of Missouri
Civil case -civil rights. African-American firefighter failed to
prove his suspension for losing his radio was race-related, as
defendants showed every firefighter who lost a radio was
suspended, regardless of race.
[ August 11, 2000 ]
982363P.pdf 08/11/00 Joseph Lee v. James Gammon
U.S. Court of Appeals Case No. 98-2363
Western District of Missouri
Prisoner case - habeas. Jury instruction on first-degree murder
permitting jury to find Lee guilty of first-degree robbery by a
method that had not been charged in the information did not
deny Lee his Sixth and Fourteenth Amendment rights because
he had notice and an opportunity to defend against the crime
of which he was actually convicted.
982546P.pdf 08/11/00 USA v. Harvey Rea
U.S. Court of Appeals Case No. 98-2546
District of Minnesota
Criminal case - criminal law. On remand from the Supreme
Court. Court reviews the Supreme Court's decision in
Jones v. United States, 120 S.Ct. 2193 concerning the
relationship of the arson statute and the Commerce Clause;
case remanded for further findings on the burned building's
connection with interstate commerce.
984027P.pdf 08/11/00 Hugs & Kisses v. Mario H. Aguirre
U.S. Court of Appeals Case No. 98-4027
and No. 98-4028
District of Minnesota
Civil case - Arbitration. Arbitration award vacated as the
arbitrator was not chosen in accordance with the parties'
arbitration agreement and Aguirre did not waive the right
to participate in the selection of the arbitrator.
991807P.pdf 08/11/00 Charles C. Jackson v. City of St. Louis
U.S. Court of Appeals Case No. 99-1807
Eastern District of Missouri
Civil case - civil rights. City's issue that it was entitled to
judgment as a matter of law on Title VII claims was not
preserved for review; evidence was sufficient to support
jury verdict that defendant Astorino's actions were racially
motivated and delayed plaintiff's promotion; damage award
splitting damages between the defendants affirmed.
992560P.pdf 08/11/00 George E. Bailey v. Marvin T. Runyon
U.S. Court of Appeals Case No. 99-2560
District of Minnesota
Civil case - civil rights. Award of nominal damages for same-sex
harassment claim affirmed. See Bailey v. Runyon, 167 F.3d 466
(8th Cir. 1999).
992783P.pdf 08/11/00 Correy Peters v. Jim Lupient
U.S. Court of Appeals Case No. 99-2783
District of Minnesota
Civil case - consumer law. Car dealer's failure to disclose
that it was retaining part of insurance premium that was
supposedly being paid to a third party was a violation of the
Truth In Lending Act; however, plaintiff failed to establish
that he suffered any actual damages because he failed to
show he could have obtained a lower price for the coverage;
dissent by Judge Heaney on the damages issue.
992888P.pdf 08/11/00 Sandra Gartman v. Kenneth Apfel
U.S. Court of Appeals Case No. 99-2888
Eastern District of Arkansas
Civil case - Social Security. Denial of benefits reversed
and case remanded for further consideration of medical
evidence.
993081P.pdf 08/11/00 Richard E. Graham v. Contract Transport
U.S. Court of Appeals Case No. 99-3081
Southern District of Iowa
Civil case - Labor law. State law claim of tortious discharge
was preempted by Section 301 of the Labor Management
Relations Act; however, the court erred in finding plaintiff's
state law claims for defamation per se and defamation per
quod were preempted.
993223U.pdf 08/11/00 United States v. Howard Harris
U.S. Court of Appeals Case No. 99-3223
Eastern District of Missouri
Criminal case - Criminal law. Waiver of right of appeal
unless court made an upward departure was knowing and
voluntary; since sentence imposed was not an upward
departure, case must be dismissed.
993312P.pdf 08/11/00 Ari Karl Stern v. Univ. of Osteopathic
U.S. Court of Appeals Case No. 99-3312
Southern District of Iowa
Civil case - Civil rights. Once University's medical expert
attested that the accommodations offered to deal with
plaintiff's dyslexia fully addressed his disability, it was up
to plaintiff to establish a nexus between his requested testing
scheme and his dyslexia in order to show that accommodations
he requested were actually related to his disability; as he
failed to do so, University was entitled to summary judgment.
993628P.pdf 08/11/00 Leo Fromm v. Commission of
U.S. Court of Appeals Case No. 99-3628
Southern District of Iowa
Civil case - civil rights. Americans with Disabilities Act does
not abrogate states's sovereign immunity, and state did not
waive its Eleventh Amendment immunity when it made
a general appearance, filed an answer and responded to
discovery.
993676P.pdf 08/11/00 Firefighters' Inst. v. City of St. Louis
U.S. Court of Appeals Case No. 99-3676
and No. 99-4245
Eastern District of Missouri
Civil case - civil rights. District court's discovery rulings
affirmed; plaintiffs showed that City's battalion chiefs exam
did have a disparate impact on African-Americans; however,
the City showed the exam was job-related, and plaintiffs
failed to refute that and failed to present any evidence of
less discriminatory procedures.
994012P.pdf 08/11/00 Delores Stephens v. Rheem Mfg. Co.
U.S. Court of Appeals Case No. 99-4012
Western District of Arkansas
Civil case - civil rights. In sexual harassment case, the district
court did not abuse its discretion in excluding testimony
concerning rumors of sexual affairs between managers and
employees; district court did not err in denying motion for
new trial; evidence was sufficient to support verdict for
employer and newly-discovered evidence was either
cumulative or inadmissible.
[ August 10, 2000 ]
001834U.pdf 08/10/00 United State v. Bradley Kielian
U.S. Court of Appeals Case No. 00-1834
District of Nebraska
Criminal case - Sentencing Guidelines. Challenges to drug
quantity calculation, enhancement for possession of a firearm
and inclusion of certain information in PSR rejected.
001839U.pdf 08/10/00 USA v. Harry D. Mosley, Jr.
U.S. Court of Appeals Case No. 00-1839
and No. 00-1888
District of Nebraska
Criminal case - Sentencing Guidelines. Court refuses to consider
challenge to imposition of enhancement which did not affect
offense level or sentence.
002531U.pdf 08/10/00 Mark D. Stone v. Larry Norris
U.S. Court of Appeals Case No. 00-2531
Eastern District of Arkansas
Prisoner case - prisoner civil rights. Sole remedy for restoration
of good time credits is a habeas action.
992841U.pdf 08/10/00 Michael D. Baker v. J.W. Tippy
U.S. Court of Appeals Case No. 99-2841
District of Minnesota
Prisoner case - habeas. District court did not err in dismissing
challenge to denial of good time credits; court did not err in
denying motion for change of venue.
993540U.pdf 08/10/00 United States v. Eugene Montgomery
U.S. Court of Appeals Case No. 99-3540
Eastern District of Missouri
Criminal case - criminal law. Defendant knowingly and voluntarily
waived his right to appeal his sentence; claim of ineffective assistance
of counsel should be brought in a habeas action; guilty plea had
a factual basis.
993757U.pdf 08/10/00 J. Williams, Jr. v. State of Iowa
U.S. Court of Appeals Case No. 99-3757
Southern District of Iowa
Prisoner case - prisoner civil rights. Dismissal of civil rights action
affirmed without comment.
993776U.pdf 08/10/00 Layne A. Lindberg v. First Construction
U.S. Court of Appeals Case No. 99-3776
District of South Dakota
Civil case - torts. In action arising out of failed loan transaction,
plaintiffs failed to establish defendants had a fiduciary duty to
plaintiffs or that they made any false statement or promise to
induce the deal; claims of intentional and negligent infliction of
emotional distress were unsupported.
993852U.pdf 08/10/00 Will Reed, Jr. v. Marvin Morrison
U.S. Court of Appeals Case No. 99-3852
Eastern District of Arkansas
Prisoner case - habeas. Claim that Reed was entitled to federal
credit for time he served on Mississippi charge rejected because
the state never lost primary jurisdiction over him.
[ August 09, 2000 ]
001300P.pdf 08/09/00 USA v. Jimmy Lee Stuckey
U.S. Court of Appeals Case No. 00-1300
Eastern District of Arkansas
Criminal case - criminal law. Supplemental instruction concerning
period of possession of a weapon, while not ideal, was not
prejudicial; discussion of constructive amendment and variance
of the evidence; military drug convictions were not serious
drug offenses for enhancement purposes under 18 U.S.C. Sec. 924(e).
001955P.pdf 08/09/00 USA v. Alejandro Castaneda
U.S. Court of Appeals Case No. 00-1955
District of Minnesota
Criminal case - Sentencing Guidelines. District court did not
err in finding defendant was not entitled to a safety-valve
sentence because he had not been fully truthful in statement
concerning his involvement in the conspiracy.
002137U.pdf 08/09/00 USA v. John Devore
U.S. Court of Appeals Case No. 00-2137
Northern District of Iowa
Criminal case - Sentencing Guidelines. Discretionary denial
of downward departure is unreviewable.
984075P.pdf 08/09/00 Marcia A. Hocevar v. Purdue Frederick Co.
U.S. Court of Appeals Case No. 98-4075
District of Minnesota
Civil case - civil rights. District court order granting employer
a summary judgment on plaintiff's hostile work environment
claim affirmed; court erred, however, in granting employer's
motion for summary judgment on plaintiff's retaliation claim
and that claim must be remanded for trial; Dissent by Judge
Lay on hostile work environment claim.
.
991002P.pdf 08/09/00 USA v. Ronnell McCrary
U.S. Court of Appeals Case No. 99-1002
Eastern District of Arkansas
Criminal case - criminal law. Where place of confinement was
not part of the terms of the plea bargain, defendant serving
concurrent federal and state time has no grounds to challenge
whether he serves the time in state rather than federal custody.
992780U.pdf 08/09/00 Charles Scholl v. William Delaney III
U.S. Court of Appeals Case No. 99-2780
District of South Dakota
Prisoner case - prisoner civil rights. Officials were entitled to
qualified immunity on claim that their decision to close prison
law library and hire contract attorneys to meet prisoners' legal
needs was a denial of access to the courts.
992784U.pdf 08/09/00 Larry A. Eaton v. Robert Dooley, et al
U.S. Court of Appeals Case No. 99-2784
District of South Dakota
Prisoner case - prisoner civil rights. Officials were entitled to
qualified immunity on claim that their decision to close prison
law library and hire contract attorneys violated prisoner's
right to access to the courts.
993094U.pdf 08/09/00 USA v. Joaquin I. Foy
U.S. Court of Appeals Case No. 99-3094
Western District of Missouri
Criminal case - Criminal law. Clear and convincing evidence
established Foy's need for continued commitment for his
mental disease or defect.
993138P.pdf 08/09/00 Stanbury Law Firm v. IRS
U.S. Court of Appeals Case No. 99-3138
District of Minnesota
Civil case - Freedom of Information Act. Tax information
concerning private charities is not subject to the Freedom
of Information Act, and IRS was correct to conclude the it
was not required to release the Page Foundation's Form
990; court correctly determined it was without authority to
reform Foundation's tax status and convert it to a private
foundation; district court erred, however, in striking
plaintiff's pleadings under Rule 12(f), as the documents
contained relevant information and did not impugn
Minnesota Supreme Court Justice Alan Page.
993243U.pdf 08/09/00 Sterling Turnipseed v. Kenneth S. Apfel
U.S. Court of Appeals Case No. 99-3243
District of Minnesota
Civil case - Social Security. ALJ did not err in finding claimant
could perform light work.
993763U.pdf 08/09/00 Betty Deemer v. Sharon Durell
U.S. Court of Appeals Case No. 99-3763
Southern District of Iowa
Civil case - Civil rights. Defendant's summary judgment on
First Amendment claim affirmed without comment.
993931U.pdf 08/09/00 Vernicesa F. Barnes v. McDonald's Corp.
U.S. Court of Appeals Case No. 99-3931
Eastern District of Arkansas
Civil case - contracts. Plaintiff did not comply with rules of
promotion conducted by McDonald's and was not entitled to
prize; McDonald's did not violate the provisions of the
Arkansas Prize Promotion Act.
993974P.pdf 08/09/00 Est. of J. Branson v. O.F. Mossberg & Sons
U.S. Court of Appeals Case No. 99-3974
Southern District of Iowa
Civil case - torts. Iowa's statute of repose is constitutional.
994028U.pdf 08/09/00 Jody A. Henderson v. Heartland Press
U.S. Court of Appeals Case No. 99-4028
Northern District of Iowa
Civil case - civil rights. Plaintiff's Title VII claims must
fail because she can show neither tangible employment
action nor severe or pervasive conduct.
994082P.pdf 08/09/00 Linda Fletcher v. Price Chopper Foods
U.S. Court of Appeals Case No. 99-4082
and No. 99-4083
Eastern District of Arkansas
Civil case - torts. Plaintiff failed to show that her employer's
action in obtaining medical information from her treating
physician was an actionable intrusion on her privacy; plaintiff
failed to show the action was highly offensive or that she
had an expectation of privacy; reversal of compensatory
damages award requires reversal of punitive damage award.
994191P.pdf 08/09/00 Linda D. Higgins v. Kenneth S. Apfel
U.S. Court of Appeals Case No. 99-4191
Eastern District of Arkansas
Civil case - Social Security. District court did not err in
remanding the case to the Commissioner for further proceedings
on whether claimant had transferrable skills.
[ August 08, 2000 ]
981714U.pdf 08/08/00 USA v. Gary C. Haney
U.S. Court of Appeals Case No. 98-1714
Eastern District of Arkansas
Prisoner case - habeas. Haney did not establish a due process
violation concerning claim government used perjured testimony
as he did not show government knowingly used perjured testimony
and that there was reasonable likelihood it could have affected the
verdict; Haney failed to establish a gateway for his procedurally
defaulted claims.
984087U.pdf 08/08/00 Margaret Holmes v. Delta Memorial
U.S. Court of Appeals Case No. 98-4087
and No. 99-2057
Eastern District of Arkansas
Civil case - civil rights. Employee's verdict on race discrimination
claims affirmed as supported by substantial evidence; district court
did not abuse its discretion in reducing the fees requested by
her attorney.
992630P.pdf 08/08/00 Bennie Rozman v. Columbia Heights
U.S. Court of Appeals Case No. 99-2630
District of Minnesota
Civil case - civil rights. City code provisions requiring landlord to
provide notice to his tenants of city inspections for purposed of
enforcing the building code are not unconstitutional.
993198U.pdf 08/08/00 Anton "Tony" Carlson v. Cooperative Power
U.S. Court of Appeals Case No. 99-3198
District of North Dakota
Civil case - civil rights. Magistrate judge erred in applying
burden-shifting McDonnell Douglas analysis to a claim under the
North Dakota Human Rights Act; however, under proper analysis,
plaintiff failed to make a prima facie case of discrimination; judge's
comments at trial, while unbefitting a federal judge, were not grounds
for a new trial. Dissent by Judge Bright.
993881P.pdf 08/08/00 United States v. Phillip Johnston
U.S. Court of Appeals Case No. 99-3881
and No. 99-3882
Southern District of Iowa
Criminal case - Sentencing Guidelines. Court did not err in
considering two prior drug convictions to impose a mandatory
life sentence; courts which sentenced defendant in those cases
were not required to warn him that his guilty pleas might have a
severe impact in the event he committed future crimes; court
did not err in refusing to compel government to file a 5K1.1 motion.
994171P.pdf 08/08/00 IAFF v. City of Kansas City
U.S. Court of Appeals Case No. 99-4171
Western District of Missouri
Civil case - Labor law. Kansas City ordinance barring
management-level firefighters from union membership infringes
on their First Amendment associational rights; application of
the ordinance was unreasonable as City failed to show its application
served an significant government interest to the extent necessary to
outweigh a significant interference with the employees' rights.
[ August 07, 2000 ]
001346U.pdf 08/07/00 USA v. Sondra Readshaw
U.S. Court of Appeals Case No. 00-1346
Northern District of Iowa
Criminal case - Sentencing Guidelines. Challenge to drug quantity
calculation rejected; when undercover officer told the defendant about
other proposed transactions, it was not necessary that the officer
actually intend to follow through on the sales in order for the quantities
of drugs they discussed to be included in the quantity calculations.
006006P.pdf 08/07/00 James E. Bachman v. Joel Pelofsky
U.S. Court of Appeals Case No. 00-6006
District of Nebraska
Bankruptcy Appellate Panel. Order reducing debtor's attorney's fee
request affirmed.
983269U.pdf 08/07/00 Rickey Hale Daffron v. Larry Norris
U.S. Court of Appeals Case No. 98-3269
Eastern District of Arkansas
Prisoner case - habeas. When a habeas petitioner raises a claim of
actual innocence to excuse procedural default, he must support his
allegations with new, reliable evidence that was not presented at trial;
here, the evidence advanced was not new; claim of ineffective
assistance of counsel in connection with plea bargain rejected.
992469U.pdf 08/07/00 United States v. Guzman-Villacana
U.S. Court of Appeals Case No. 99-2469
District of Minnesota
Criminal case - Sentencing Guidelines. Challenge to Guidelines
provision was precluded by plea agreement; court did not plainly err
in failing to grant an unrequested downward departure.
992992P.pdf 08/07/00 Kenneth Summerville v. TWA
U.S. Court of Appeals Case No. 99-2992
Eastern District of Missouri
Civil case - civil rights. Employee's verdict on claim of race
discrimination affirmed without comment; decision on grievance
precluded plaintiff's disability discrimination claim because hearing
board concluded lifting was an essential part of holiday, week-end
and day-shift trading employment under the parties' collective
bargaining agreement, and record established plaintiff could not
perform such lifting and could not, therefore, qualify for the position.
993590P.pdf 08/07/00 Brenda D. Birmingham v. Omaha School Dist.
U.S. Court of Appeals Case No. 99-3590
Western District of Arkansas
Civil case -Education law. School district violated the Individuals
with Disability Education Act by graduating plaintiff's disabled
18 year-old daughter early without providing plaintiff with written
notice of its action; court erred in applying Arkansas Administrative
Procedure Act's 30 day limitations period to determine whether the
action was timely; instead, Arkansas's three year personal injury
limitations period applied; matter remanded to determine nature
and extent of the compensatory education to which the student is
entitled.
[ August 04, 2000 ]
992984P.pdf 08/04/00 Lois Cunningham v. Kenneth S. Apfel
U.S. Court of Appeals Case No. 99-2984
District of Minnesota
Civil case - Social Security. Record as a whole does not support
ALJ's finding that claimant was not disabled; ALJ failed to
properly consider the combined effects of claimant's numerous
physical and mental impairment and the treating physicians'
opinions that claimant suffered from diabetic neuropathy and
disabling depression; case remanded with directions to award benefits.
[ August 03, 2000 ]
001382U.pdf 08/03/00 Melvin Leroy Tyler v. Mavis Thompson
U.S. Court of Appeals Case No. 00-1382
Eastern District of Missouri
Prisoner case - prisoner civil rights. District court did not abuse
its discretion in denying Rule 60(b)(6) motion.
001512P.pdf 08/03/00 United States v. Eric Daniel Harris
U.S. Court of Appeals Case No. 00-1512
Eastern District of Arkansas
Criminal case - criminal law. Confession made during second
interview after defendant indicated he wanted to talk to a
lawyer at the close of the first interview was admissible because
the three hour break in custody between the two interviews
defeats the protection extended by Edwards v. Arizona,
451 U.S. 477 (1981).
991657P.pdf 08/03/00 Gail Brookins v. Intl. Motor Contest
U.S. Court of Appeals Case No. 99-1657
Northern District of Iowa
Civil case - Antitrust. In sports activities, unless a rule-maker's
decision was tainted by supplier coercion, the exclusion of a
particular kind of equipment is the incidental result of defining
the rules of the game and does not constitute a violation of the
antitrust laws; district court did not err in requiring plaintiffs to
define the relevant market and to show that IMCA had market
power in that market; given that auto racing has many classes,
plaintiffs could not define the relevant market as IMCA-sanctioned
modified car racing; plaintiff failed to show IMCA colluded with
plaintiff's rivals to exclude its modified transmission.
992249P.pdf 08/03/00 United States v. Efrain Juan-Manuel
U.S. Court of Appeals Case No. 99-2249
District of Nebraska
Criminal case - Sentencing Guidelines. Under the applicable
commentary to the Guidelines, a defendant who assists in
transporting illegal aliens in exchange for his own entry may
be found to have committed the offense for profit, and district
court did not err in enhancing sentence on that ground; district
court erred in providing that defendant's period of supervised
release would be tolled by deportation or unknown presence in
the U.S., as the sentencing court does not have such authority
under 18 U.S.C. Sec. 3583(d).
992479U.pdf 08/03/00 Richard Blakely v. Mikael Bates et al.
U.S. Court of Appeals Case No. 99-2479
Western District of Arkansas
Civil case - prisoner civil rights. District court did not err in
entering judgment for defendants on pretrial detainee's claims
he was denied medical treatment during and following his arrest.
992565P.pdf 08/03/00 LaTonya Jean Whitley v. Peer Review Systems
U.S. Court of Appeals Case No. 99-2565
District of Minnesota
Civil case - civil rights. Assuming plaintiff made a prima facie
case of race discrimination, she failed to show employer's
stated grounds for discharge - inadequate performance and
insubordination - were pretexts for discrimination.
992679P.pdf 08/03/00 Rhonda Otting v. J.C. Penney Co.
U.S. Court of Appeals Case No. 99-2679
and No. 99-2680
Southern District of Iowa
Civil case - civil rights. For purposes of the Americans With
Disabilities Act, plaintiff's epilepsy qualified her as a disabled
person because her illness substantially limited the major life
activities of speaking, walking, and seeing; sufficient evidence
was presented to support the jury's determination that employer
acted with malice or deliberate indifference to plaintiff's ADA
rights, and the court erred in setting aside the jury's award of
punitive damages; instruction defining disability, while deficient,
was not grounds for reversal.
992758U.pdf 08/03/00 Jerry William Weber v. Frank W. Wood
U.S. Court of Appeals Case No. 99-2758
District of Minnesota
Prisoner case - prisoner civil rights. Defendant's summary
judgment in retaliatory-transfer action affirmed without comment.
992782P.pdf 08/03/00 Robert Mems v. City of St. Paul
U.S. Court of Appeals Case No. 99-2782
District of Minnesota
Civil case - civil rights. District court erred in granting City
summary judgment on African-American firefighters' claims of
disparate treatment because the firefighters created genuine
issues of material fact as to hostile work environment and
whether the City's remedial actions were effective; plaintiffs
failed to produce racially-significant evidence that
African-Americans were disparately impacted by City's promotional
exam, and the court properly granted the City a summary
judgment on that issue.
993007P.pdf 08/03/00 Rich Lemonds v. St. Louis County
U.S. Court of Appeals Case No. 99-3007
and No. 99-3930
Eastern District of Missouri
Civil case - Section 1983. Suit to enjoin disincorporation of
municipality of Peerless Park, Missouri would, as a practical
matter, directly nullify the state court decision upholding
disincorporation and is barred by the Rooker-Feldman doctrine;
parties in the state and federal action need not be identical
for doctrine to apply, especially where the federal plaintiffs
had ample opportunity to raise their federal claims in state
court as they were city officials and were well aware of the
state action.
993496U.pdf 08/03/00 Penny M. Thunburg v. Kenneth Apfel
U.S. Court of Appeals Case No. 99-3496
Eastern District of Arkansas
Civil case - Social Security. Denial of disability benefits affirmed
as substantial evidence supported the ALJ's finding that claimant
could perform specific light-work jobs.
993525U.pdf 08/03/00 United States v. Silverio Reyes
U.S. Court of Appeals Case No. 99-3525
District of Nebraska
Criminal case - Sentencing Guidelines. Court did not err in imposing
enhancement for possession of a handgun; dissent by Judge McMillian.
993679P.pdf 08/03/00 USA v. Findett Corporation
U.S. Court of Appeals Case No. 99-3679
Eastern District of Missouri
Civil case - Environmental law. Government's 1990 suit, which
resulted in a consent decree under which defendant agreed to
implement a remediation plan was an initial action for
CERCLA purposes and made this suit to recover response costs
a subsequent action; as a result, it was timely and was not barred
by the applicable statute of limitations provisions; district court
did not err in granting summary judgment for the government for
$3.2 million in response costs.
993797U.pdf 08/03/00 Theresa Hermes v. State of NE
U.S. Court of Appeals Case No. 99-3797
District of Nebraska
Civil case - Civil rights. Americans With Disabilities Act claims
were barred by the Eleventh Amendment.
993978U.pdf 08/03/00 USA v. Michael Chambliss
U.S. Court of Appeals Case No. 99-3978
Eastern District of Arkansas
Criminal case - Criminal law. In cases involving revocation of
supervised release, 18 U.S.C. Sec. 3583(h) does not act retroactively,
and its application does not violate the ex post facto clause;
Section 3583(e)(3) has always allowed imposition of periods of
supervised release following periods of imprisonment.
994031U.pdf 08/03/00 Mary L. Sanderson v. IA Comm. of Veterans
U.S. Court of Appeals Case No. 99-4031
Southern District of Iowa
Civil case - Civil rights. Under the Eleventh Amendment, Commission
was immune from ADA action.
994126P.pdf 08/03/00 USA v. Paul W. Moore
U.S. Court of Appeals Case No. 99-4126
District of Minnesota
Criminal case - criminal law. District court did not err in denying
motion for new trial based on newly-discovered evidence as the
evidence was neither newly-discovered nor likely to produce
an acquittal.
[ August 02, 2000 ]
001246P.pdf 08/02/00 United States v. Gary Lee Winters
U.S. Court of Appeals Case No. 00-1246
Northern District of Iowa
Criminal case - criminal law. Officer's concern for his safety
justified his placing his head inside the defendant's vehicle;
smell of raw marijuana created probable cause for search of
defendant's car and its containers.
992975P.pdf 08/02/00 United States v. Bruce A. Beckman
U.S. Court of Appeals Case No. 99-2975
and No. 99-2978
District of South Dakota
Criminal case - criminal law. Voir dire on presumption of
innocence and reasonable doubt was sufficient to ensure an
impartial jury; instructions on plea bargaining and witness
credibility were correct; evidence was sufficient to establish
a conspiracy; however, district court's improper restrictions
on cross-examination of government witnesses required a
new trial.
993153P.pdf 08/02/00 James Scroggins v. University of MN
U.S. Court of Appeals Case No. 99-3153
District of Minnesota
Civil case - civil rights. Plaintiff failed to produce evidence
University's grounds for firing him were pretextual.
993174P.pdf 08/02/00 Carl Shen v. Leo A. Daly Co.
U.S. Court of Appeals Case No. 99-3174
and No. 99-3333
District of Nebraska
Civil case - Agency. Defendant did not establish Taiwanese
judgment should be given preclusive effect under the principles
of res judicata; evidence established defendant breached its
duty of good faith and fair dealing with plaintiff, its agent,
when it failed to notify Taiwanese officials that plaintiff
was no longer its responsible person, thereby subjecting him
to liability for unpaid taxes; restrictions on plaintiff's ability
to leave Taiwan as a result of defendant's inaction did not
make defendant liable for false imprisonment; defendant was
entitled to setoff of funds Taiwan paid plaintiff; plaintiff was
entitled to attorneys' fees for Taiwanese litigation, but was not
entitled under Nebraska law to attorneys' fees for action for
breach of fiduciary duty.
993744P.pdf 08/02/00 Tyra Santucci v. Allstate Life Ins.
U.S. Court of Appeals Case No. 99-3744
Eastern District of Arkansas
Civil case - Insurance. District court did not err in reforming
insurance contract based on mutual mistake.
[ August 01, 2000 ]
002485U.pdf 08/01/00 Fred DuVall v. Van Buren Cty
U.S. Court of Appeals Case No. 00-2485
Eastern District of Arkansas
Civil case - civil procedure. Order granting continuance of
hearing on request for injunctive relief does not have the
practical effect of granting or denying an injunction and is
not appealable.
002533U.pdf 08/01/00 Thomas Waller v. Henry Morris
U.S. Court of Appeals Case No. 00-2533
Western District of Arkansas
Prisoner case - prisoner civil rights. Court-appointed attorney
was not a state actor for purposes of Section 1983.
991618P.pdf 08/01/00 Charmaine Hunter v. Lonnie Namanny
U.S. Court of Appeals Case No. 99-1618
Southern District of Iowa
Civil case - civil rights. On basis of reconstructed affidavit,
search warrant was not supported by probable cause, and
officer was not entitled to summary judgment based on
qualified immunity for claim of illegal search; however, he
was entitled to summary judgment on claims he wrongfully
deprived plaintiff of use of a restroom and that he used
excessive force in effecting the arrest; dissent by Judge Beam.
991855P.pdf 08/01/00 Actonet v. Allou Health &
U.S. Court of Appeals Case No. 99-1855
District of Nebraska
Civil case - contracts. District court erred in submitting to the
jury the issue of whether the termination provision in the
parties' contract was ambiguous; damage instructions did
not reflect plain meaning of the parties' contract; HTML
codes are similar enough to photographs that the criteria
governing admission of photos should be applied to
determining whether HTML codes should be admitted;
district court did not abuse its discretion in admitting the codes.
993052U.pdf 08/01/00 Charles Wylie v. MacMillian Bloedel
U.S. Court of Appeals Case No. 99-3052
Western District of Arkansas
Civil case - ERISA. District court properly interpreted provisions
of the ERISA plan concerning years of service.
993547U.pdf 08/01/00 Nicie Dillehay v. Joshua Pinkerton
U.S. Court of Appeals Case No. 99-3547
Eastern District of Arkansas
Civil case. Dismissal of complaint affirmed without comment.
994165U.pdf 08/01/00 United States v. Ai Minh Le
U.S. Court of Appeals Case No. 99-4165
District of Nebraska
Criminal case - Sentencing Guidelines. District court did not
err in failing to grant a sua sponte departure.