360 results for 'court:"8th Circuit"'.
J. Smith finds a lower court properly dismissed a former Missouri council member's civil rights claims against the State. The former council member argued that the lower court erred in abstaining the issue until the results of her impeachment proceedings ended. However, she failed to pursue judicial review in State court. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 22-2388, Categories: Civil Rights, Government
J. Colloton finds a lower court properly convicted a defendant for possession of a firearm as a convicted felon, possession with intent to distribute cocaine, and possession of a firearm to further a drug trafficking crime. The defendant argued that he was entitled to carry a gun under the Second Amendment while operating a wheelchair inside of a Walmart. However, a Walmart security officer spotted a firearm under the seat of the defendant's personal wheelchair, and then placed him in the security office, where officers located blue latex gloves filled with cocaine. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 13, 2023, Case #: 22-1080, Categories: Constitution, Drug Offender, Firearms
[Consolidated]. J. Benton finds a lower court properly sentenced a defendant to 262 months in prison after he was convicted as a career criminal in possession of a firearm. The defendant argued that the government failed to present sufficient evidence in court. However, police officers obtained a valid warrant to search his home, where they found baggies containing meth and heroin, cutting tools, and a digital scale. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 13, 2023, Case #: 22-2385, Categories: Drug Offender, Evidence, Sentencing
J. Colloton finds a lower court properly sentenced a defendant to 96 months in prison after he pleaded guilty to unlawful possession of a firearm as a convicted felon. The defendant argued that the lower court violated sentencing rules by miscalculating his base offense. However, the defendant has a prior conviction of a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 13, 2023, Case #: 22-2605, Categories: Firearms, Sentencing
J. Benton finds a lower court improperly entered a default judgment on a defendant who was caught with $34,918 in his car, which was located by police officers during a traffic stop. The government argued that the defendant refused to answer special interrogatory questions concerning the defendant's claims that he and his friend pooled the money together in order to gamble in Las Vegas. However, the defendant presented sufficient evidence in court that he provided a "firmly established" answer as to where the money came from, and that it belonged to him. Reversed.
Court: 8th Circuit, Judge: Benton, Filed On: June 13, 2023, Case #: 22-3007, Categories: Evidence, Sanctions
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J. Shepherd finds a lower court properly dismissed a beneficiary's contract claims against an insurance company. The beneficiary argued that the insurance company is obligated to pay death benefits. However, the insurance company presented sufficient evidence in court that the policy was cancelled for non- payment of premiums before her husband, now deceased, suffered a deadly heart attack. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 12, 2023, Case #: 22-1114, Categories: Insurance, Contract
J. Benton finds a lower court improperly granted summary judgment to a City on civil rights claims brought by an estate administrator. The City argued that the estate administrator's decedent, who was holding a gun and threatening suicide, refused to drop his weapon under the command of an officer, who shot and killed him. However, the estate administrator presented sufficient evidence in court that her son removed the gun from his temple before he was shot to death. Reversed.
Court: 8th Circuit, Judge: Benton, Filed On: June 12, 2023, Case #: 21-3001, Categories: Civil Rights, Wrongful Death
J. Smith finds a lower court properly sentenced a defendant to 380 months in prison after he was convicted for distributing a controlled substance in close proximity to a protected location, and for possessing a firearm in furtherance of a drug trafficking crime. The defendant argued that length of his sentence is unreasonable. However, a police informant presented sufficient evidence in court that the defendant orchestrated a drug deal inside of a car wash near a park and playground. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 12, 2023, Case #: 21-3830, Categories: Drug Offender, Firearms, Sentencing
J. Benton finds a lower court properly dismissed a capital management company's motion for recovery outside of a receivership. The company argued that it is entitled for relief after falling victim to a colossal Ponzi scheme. However, the prior settlement agreements prevent recovery. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 9, 2023, Case #: 21-2973, Categories: Fraud, Settlements
J. Kobes finds a lower court properly dismissed a group of motorists' Federal Tort Claims Act violations. The group argued that the Standing Rock Sioux Tribe was obligated to warn them about dangerous road conditions. However, the court lacked subject matter jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 9, 2023, Case #: 22-1721, Categories: Tort, Native Americans, Jurisdiction
J. Stras finds a lower court properly sentenced a defendant to 108 months in prison for possessing a firearm as a felon. The defendant argued that the lower court erred in applying a four-level enhancement to his sentence. However, police officers dragged the defendant out of a car he was hiding in, and then discovered a Taurus 9- millimeter pistol underneath the passenger seat, which he previously brandished in a Snapchat video. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 8, 2023, Case #: 22-1350, Categories: Evidence, Firearms, Sentencing
J. Gruender finds a lower court properly granted summary judgment in favor of a benefit plan administrator on an employee's claims for health insurance under ERISA. The employee argued that the benefit plan administrator wrongfully denied coverage for complications he suffered from bariatric surgery. However, the benefit plan administrator presented sufficient evidence in court that it was not obligated to cover losses based on a prior procedure, which was considered as a non- covered service that was not medically necessary. Affirmed.
Court: 8th Circuit, Judge: Gruender , Filed On: June 7, 2023, Case #: 22-2275, Categories: Erisa, Health Care, Insurance
J. Kelly finds a lower court properly ruled in favor of an insurance company on a diner's contract and implied covenant of good faith and fair dealing claims. The owner of the diner argued that the insurance company violated a policy by seeking subrogation reimbursement from two other insurers after a driver crashed his car into the establishment, which resulted in lost income. However, the owner of the diner did not suffer any damages when the insurance company sent a request to the driver's insurer, or for its failure to follow contracted procedures when it paid out damages for property damage and income losses. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 6, 2023, Case #: 21-2956, Categories: Insurance, Property
J. Kelly finds a lower court properly denied a defendant’s motion to suppress evidence in court. The defendant, who pleaded guilty to possessing a firearm as a convicted felon, argued that a handgun found in in his jacket while he was in the emergency room for a gunshot wound should have been tossed out as evidence. However, while the defendant was experiencing a life-threatening injury, a protection officer located a weapon in his pocket while attempting to get him in a recumbent position. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 6, 2023, Case #: 22-2282, Categories: Evidence, Firearms
J. Smith finds a lower court properly sentenced a former deputy sheriff to 300 months in prison after he was indicted on six counts of child pornography offenses. The former deputy sheriff argued that his sentence is unreasonable based on his age and health issues, and that he was remorseful for his actions, which included attempting to induce a minor to produce child pornography, enticement of a minor, and transferring obscenity to a person under 16. However, the government presented sufficient evidence in court that his actions were "among the most serious offenses" the court has seen, which does not entitle him to "getting a break." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 6, 2023, Case #: 22-1514, Categories: Evidence, Child Victims, Child Pornography
J. Colloton finds a lower court properly convicted a defendant on three counts of aggravated sexual abuse of a minor in Native American country. The defendant argued that his 360 month prison sentence was unreasonable and that evidence presented in court misled the jury. However, a physician who examined the child presented sufficient evidence in court that she referred to her genitalia as her "middle" part, which she circled on a diagram, and then disclosed that the defendant touched her there with his hand and mouth. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 6, 2023, Case #: 22-1887, Categories: Evidence, Child Victims
J. Colloton finds a lower court partly erred in refusing to quash certain documents at the request of the North Dakota Legislative Assembly. The State argued that it was entitled to order the assembly to comply with a subpoena in a civil case against North Dakota, in order to gather evidence of alleged illicit motives by legislators who enacted a redistricting plan for State legislative districts. However, the assembly presented sufficient evidence in court that the lower court erred in refusing to quash documents, all but one, for legislative privilege.
Court: 8th Circuit, Judge: Colloton, Filed On: June 6, 2023, Case #: 23-1600, Categories: Evidence, Government
J. Grasz finds a lower court properly dismissed negligence and strict liability claims brought by a resident who suffers from multiple sclerosis against a manufacturing facility. The resident argued that his condition is the result of exposure to Trichloroethylene from a nearby bearings company. However, he failed to file his claims within a two- year statute of limitations. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: June 5, 2023, Case #: 22-1506, Categories: Negligence, Premises Liability
J. Kelly finds a lower court properly denied a group of Arkansas officials’ motion to dismiss a prisoner’s civil rights claims. The officials argued that they are entitled to qualified immunity and that the defendant does not qualify for relief under the state’s DNA testing statute. However, the defendant, who is Black and set to be executed, presented sufficient evidence in court that DNA testing may reveal that the actual perpetrator was white. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 5, 2023, Case #: 22-1922, Categories: Civil Rights, Constitution, Immunity
J. Benton finds a lower court properly dismissed a retina medical treatment doctor's monopolization claims against a competing clinic. The doctor argued that the clinic attempted to take over a vitroretinal care market. However, the doctor failed to present sufficient evidence in court to show that a relevant market existed that created an "adverse effect on competition." Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 5, 2023, Case #: 22-2286, Categories: Health Care, Unfair Competition
[Consolidated]. J. Loken finds a lower court properly denied a citizen of Mexico's motion for relief under the Convention Against Torture. The citizen of Mexico argued that he would be tortured upon return to his native land based on his status as a married gay man. However, he failed to submit an application to remain in the U.S. within one year after arrival in 1996. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 5, 2023, Case #: 21-3779, Categories: Immigration
J. Gruender finds a lower court properly found for the Internal Revenue Service on an estate administrator's claims that it wrongfully denied his request for a tax refund. The estate administrator argues the IRS was not entitled to tax life insurance proceeds after his brother died. However, the IRS presented sufficient evidence it properly determined the corporation's fair market value includes life insurance proceeds for stock redemption. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: June 2, 2023, Case #: 21-3683, Categories: Insurance, Tax
J. Colloton finds a lower court properly sentenced defendant to108 months in prison for unlawful possession of a firearm as a previously convicted felon. Although defendant argues his parole officer told him his rights were restored, defendant's restored rights was his ability to vote, not to possess weapons. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 2, 2023, Case #: 22-2870, Categories: Constitution, Firearms, Sentencing
J. Benton finds a lower court properly granted summary judgment to a medical device manufacturer on an inventor's contract claims, in which he alleges it breached the parties' agreement by failing to develop and bring his medical invention to market. However, the manufacturer presented sufficient evidence the device was the cause of the death of a clinical trial patient based on defective design. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 2, 2023, Case #: 22-2125, Categories: Contract
J. Erickson finds the lower court properly found for Home Depot on a consumer's negligence claims, in which he says he suffered injuries when the store's automatic exit doors closed on him. Home Depot presents sufficient evidence the consumer failed to show the sliding doors were a dangerous condition.
Court: 8th Circuit, Judge: Erickson, Filed On: June 2, 2023, Case #: 22-2374, Categories: Evidence, Negligence
J. Gruender finds the lower court properly sentenced defendant for his firearm conviction. Defendant was not entitled to an acceptance-of-responsibility reduction due, in part, to his sexually assault of corrections officers while detained in jail. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: June 2, 2023, Case #: 22-2503, Categories: Firearms, Sentencing
J. Kelly finds a lower court properly dismissed the government's "seaman's manslaughter" claims against a tourism duck boat. The government argued that the operators of the duck boat were grossly negligent when they failed to prevent the vessel from sinking, which resulted in the death of 17 people. However, the duck boat operators sufficiently showed that the lower court's admiralty jurisdiction does not extend to the lake because it is not navigable as a matter of law. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: May 30, 2023, Case #: 20-3671, Categories: Admiralty, Negligence, Wrongful Death
J. Melloy finds a lower court improperly remanded class claims of deceptive marketing practices against Walmart to State court concerning the sale of a cough suppressant with a "non- drowsy" label. The class of consumers argued that the case should be remanded to state court because the amount in controversy did not exceed $5 million. However, Walmart sufficiently showed in court that the amount exceeds the jurisdictional requirement under the Class Action Fairness Act. Reversed.
Court: 8th Circuit, Judge: Melloy, Filed On: May 24, 2023, Case #: 23-1381, Categories: Consumer Law, Jurisdiction, Class Action
[Consolidated]. J. Erickson finds a lower court properly sentenced two defendants to 240 months in prison for Hobbs Act robbery, but improperly convicted them for commission of murder during a crime of violence. The government argued that the defendants were not entitled to a motion to suppress evidence based on their "rubber stamp" theory, and that the murder conviction should move ahead because the defendants shot and killed the homeowner, who maintained a "very impressive video surveillance system." However, the defendants presented sufficient evidence in court that their only intention was to knowingly possess firearms to forcibly to steal money and drugs from the residence. Affirmed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: May 23, 2023, Case #: 21-2469, Categories: Evidence, Murder, Robbery
J. Loken finds a lower court properly dismissed a physician's civil rights claims against a board of medicine. The physician argued that he is entitled to declaratory judgment and injunctive relief to halt continuing physician disciplinary proceedings on charges that he accessed patient records during his residency at a hospital, and that the proceedings violate HIPAA and due process. However, the physician failed to exhaust State remedies. Affirmed in part.
Court: 8th Circuit, Judge: Loken, Filed On: May 22, 2023, Case #: 22-2442, Categories: Civil Rights, Employment, Health Care