29 results for 'judge:"Kobes"'.
J. Kobes finds a lower court properly granted summary judgment in favor of a Canadian investment management firm on claims of fraudulent inducement brought by grocery store owner-operators. The owner- operators argued that the investment management firm strong armed them into signing releases based on false representation. However, the investment management firm presented sufficient evidence in court that it never solicited or forced the owner- operators to sign releases, even though they knew the risks of opening new stores, and that they did not use ordinary diligence by failing to investigate the company's history. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: May 8, 2024, Case #: 23-1786, Categories: Fraud, Contract, Racketeering
J. Kobes finds a lower court properly convicted a defendant for being a felon in possession of a firearm. The defendant argued that the lower court erred in denying his motion to suppress evidence of a rifle located in his vehicle under a towel after his girlfriend gave a police officer permission to search his car. However, the government sufficiently showed in court that the defendant's girlfriend was authorized to give consent after realizing that the police were not after her, and that the interactions were "cordial and polite." Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: April 1, 2024, Case #: 23-1505, Categories: Evidence, Firearms, Search
J. Kobes finds a lower court properly dismissed a school district's denial of a child's parents' request for instruction outside of regular hours. The school district argued that it was not obligated to provide the child, who suffers from epilepsy and seizures, with evening instructions after it had already established an individual education program on her behalf. However, the parents sufficiently showed in court that the district failed to provide the child with free appropriate education by denying a customized educational plan based on her inability to attend school before noon, when her seizures are most frequent. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: March 21, 2024, Case #: 22-2137, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Kobes finds a lower court properly sentenced a defendant to 292 months in prison after a jury convicted him for possession with intent to distribute meth. The defendant argued that he was entitled to an acquittal for lack of evidence on two drug convictions. However, the government sufficiently showed in court that he constructively possessed and distributed meth which was located in his apartment, and that he established dominion over the residence by paying utilities and a power bill in his name. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 23, 2024, Case #: 22-3573, Categories: Drug Offender, Evidence, Sentencing
J. Kobes finds a lower court properly sentenced a defendant to 180 months in prison for engaging in a conspiracy to traffic thousands of oxycodone and fentanyl pills, travelling from Michigan to North Dakota. The defendant argued that his three level sentence enhancement is unreasonable. However, the government presented sufficient evidence in court that he acted as a manager in the drug trafficking ring when he directed a new recruit to distribute opioid tablets and other pills. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 6, 2024, Case #: 23-1522, Categories: Drug Offender, Evidence, Sentencing
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J. Kobes finds a lower court properly granted a Corporal's motion for summary judgment concerning a civilian's Fourth Amendment claims. The civilian argued that the off- duty police officer failed to prevent his K9 from biting her, which resulted in injuries and a trip to the hospital. However, the police officer sufficiently showed in court that the K9 spontaneously responded to someone's laughter, and that he immediately restrained the animal, which does not constitute excessive force. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: January 17, 2024, Case #: 22-3051, Categories: Constitution, Negligence
J. Kobes finds a lower court improperly denied a group of county jail officials' motion for qualified immunity concerning a detainee's claims of excessive force. The detainee, who had violated probation, argued that jail house Sergeants failed to protect him from cruel and unusual punishment after they shot chemical spray in his face when he spat at them after flooding his cell. However, jailhouse officials presented sufficient evidence in court that he was repeatedly warned to stop his constant misbehavior, which was captured on video footage, and that the chemical spray was used in short bursts. Reversed in part.
Court: 8th Circuit, Judge: Kobes, Filed On: December 26, 2023, Case #: 22-1603, Categories: Evidence, Immunity
J. Kobes finds a lower court properly ruled in favor of an insurance company on an insured's contract claims. The insured argued that the insurance company was obligated to cover losses as a result of the Covid-19 pandemic. However, the insurer sufficiently showed in court that his policy does not cover business losses. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: December 11, 2023, Case #: 22-3477, Categories: Insurance, Covid-19
J. Kobes finds a lower court properly imposed a mental competency evaluation on a defendant who was indicted for being a felon in possession of a firearm. The defendant, who suffers from schizophrenia, argued that the government was not entitled to medicate him to restore his competency in order to stand trial. However, a chief of psychiatry, chief of psychology, and a physician presented sufficient evidence in court that a proposed treatment plan that included antipsychotic medicine would improve his quality of life. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: December 5, 2023, Case #: 23-1164, Categories: Civil Rights, Health Care, Experts
J. Kobes finds a lower court properly dismissed a news reporter's First Amendment rights against a police officer. The reporter, who was filming a protest, argued that she suffered injuries after a police officer sprayed pepper spray into the crowd. However, the City sufficiently showed in court that the officer is protected by qualified immunity, and that the correspondent failed to show that he intentionally sprayed her exclusively based on her "well- known reporter" status.
Court: 8th Circuit, Judge: Kobes, Filed On: November 16, 2023, Case #: 22-3000, Categories: Civil Rights, First Amendment
J. Kobes finds a lower court properly denied a citizen of Guatemala's request to remain in the U.S. The citizen of Guatemala argued that he would face persecution in his native land for being bisexual. However, he failed to present sufficient evidence in court that encountered extreme maltreatment and physical harm based on his sexual orientation. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: November 7, 2023, Case #: 22-3318, Categories: Civil Rights, Immigration
J. Kobes finds a lower court improperly imposed certain parole remedies on the Missouri Department of Corrections for due process violations. The State argued that the department of corrections is not obligated to comply with a written notice rule alerting parolees of revocation. However, the parolees presented sufficient evidence in court that the authority is the revocation hearing, which decides whether or not a parolee violated parole, and that the State violated the process by failing to notify certain parolees in writing and allowing all parolees to retain their own attorneys, which should only be allowed in specific situations. Vacated.
Court: 8th Circuit, Judge: Kobes, Filed On: October 5, 2023, Case #: 20-3447, Categories: Civil Rights, Due Process
J. Kobes finds a lower court improperly dismissed a casino's request for insurance coverage during the Covid-19 pandemic. The insurance company argued that the casino failed to state a claim. However, the casino presented sufficient evidence in court that it may be entitled to relief because 25 of its employees are Illinois residents. Reversed.
Court: 8th Circuit, Judge: Kobes, Filed On: September 11, 2023, Case #: 21-3815, Categories: Employment, Jurisdiction, Covid-19
[Consolidated]. J. Kobes finds a lower court properly dismissed constitutional rights claims brought by the Satanic Temple concerning a City's denial of the erection of a public monument. The Satanic Temple argued that the City gave the green light to place two monuments in a Veterans Memorial Park. However, the City presented sufficient evidence in court that its second complaint was barred by res judicata. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 30, 2023, Case #: 21-3079, Categories: Civil Rights, Constitution, Government
J. Kobes finds a lower court properly ruled in favor of a religious group on a hospital's contract claims. The hospital argued that it was entitled to seek additional insurance coverage on behalf of a patient with outstanding medical bills. However, it was not entitled to relief from third party insurers after accepting payment from Medicaid. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 30, 2023, Case #: 22-3121, Categories: Health Care, Insurance, Contract
J. Kobes finds a lower court properly sentenced a defendant to life in prison for sexual abuse of a child and 20 years for witness tampering. The defendant argued that he was entitled to acquittal based on lack of solid evidence. However, a forensic examiner presented sufficient evidence in court that his minor victims' disclosed that he sexually assaulted them in his mother's basement several times, and even "wrapped his arms" around one of his victim's neck, making it difficult for her to breathe. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 28, 2023, Case #: 22-3467, Categories: Sex Offender, Assault, Child Victims
J. Kobes finds a lower court properly convicted a defendant for Hobbs Act Robbery, but erred in failing to dismiss claims of possession of a firearm in furtherance of a crime of violence. The defendant argued that there was insufficient evidence concerning his plans to rob a drug dealer. However, the government presented sufficient evidence in court that surveillance revealed that the defendant would have carried out the crime armed with a rifle, which he unknowingly planned with a confidential informant. Affirmed in part.
Court: 8th Circuit, Judge: Kobes, Filed On: August 24, 2023, Case #: 22-1759, Categories: Evidence, Firearms, Robbery
J. Kobes finds a lower court properly dismissed a bar/ restaurant owner's motion for insurance coverage as a result of the Covid-19 pandemic. The bar/ restaurant owner argued that he suffered a dip in revenues, which entitled him to relief. However, the insurance company presented sufficient evidence in court that his request for coverage for contamination of his establishments do not fall under the policy's lost business income. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 21, 2023, Case #: 22-1356, Categories: Insurance, Covid-19, Contract
J. Kobes finds a lower court properly ruled in favor of a family on claims that a school district did not meet it's child's needs. The school district argued that it provided the child with appropriate education services. However, the parents may be entitled to tuition reimbursement based on the school district's violations of the Individuals with Disabilities Act, which obligated it to provide a free appropriate public education on the child's behalf. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 15, 2023, Case #: 22-3658, Categories: Ada / Rehabilitation Act, Education, Damages
J. Kobes finds a lower court properly denied a defendant's motion to withdraw a guilty plea for being a felon in possession of a firearm. The defendant argued that he is entitled to relief after the government found that the detective that testified at his suppression of evidence proceedings was facing an indictment for criminal on duty shootings. However, the government sufficiently showed in court that the defendant's claims fell short of adequate reasoning to withdrawal. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 9, 2023, Case #: 22-2120, Categories: Evidence, Firearms
J. Kobes finds a lower court improperly granted a law firm's motion to vacate an arbitration award in favor of a financial group. The law firm argued that it was entitled to relief. However, the application to vacate the arbitration award did not show the parties' citizenship and therefore the court lacks jurisdiction. Vacated.
Court: 8th Circuit, Judge: Kobes, Filed On: August 7, 2023, Case #: 22-1871, Categories: Arbitration, Jurisdiction
J. Kobes finds a lower court properly denied a police officers motion for acquittal concerning his participation of the death of George Floyd. The police officer argued that his convictions for depravation of rights under the color of law resulting in bodily injury and death should be tossed out. However, the government presented sufficient evidence in court that he participated, along side three other police officers, in deliberate indifference when he failed to interfere with another officer who murdered Floyd by placing his full weight on his neck for eight minutes. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 4, 2023, Case #: 22-2701, Categories: Negligent Murder, Civil Rights
J. Kobes finds a lower court properly dismissed an inmate's civil rights claims against a group of prison officials. The inmate argued that the jailhouse employees engaged in deliberate indifference after she was accosted by another inmate, who happened to be her co-conspirator in a murder and jail cell mate. However, the defendant turned down protective custody accommodations and disclosed to jail house staff that she "didn't have a problem with Jenkins." Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 4, 2023, Case #: 22-3154, Categories: Constitution, Murder, Civil Rights
J. Kobes finds a lower court properly dismissed an estate administrator's negligence claims against a railroad company. The estate administrator argued that the railway company forced her now deceased husband to come into contact with diesel exhaust, silica dust, and asbestos, which resulted in cancer. However, expert witnesses who submitted testimony in court failed to sufficiently show that his cancer was the direct cause of exposure. Affirmed.
Court: 8th Circuit, Judge: Kobes , Filed On: August 2, 2023, Case #: 21-3366, Categories: Employment, Evidence, Negligence
J. Kobes finds a lower court properly dismissed a defendant's motion for acquittal after he murdered and robbed a drug dealer, and then tossed the corpse into a fire pit. The defendant, who was convicted for robbery affecting interstate commerce and brandishing a firearm during a crime of violence that resulted in murder, argued that the government failed to prove beyond a reasonable doubt that he robbed the now deceased drug dealer and made off with his stash of meth and cash. However, the government sufficiently presented evidence in court that the defendant is not entitled to a new trial based on admissible weight of evidence. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 2, 2023, Case #: 21-3360, Categories: Firearms, Murder, Robbery
[Consolidated]. J. Kobes finds a lower court properly convicted two co-defendants on charges of conspiracy to distribute meth and distribution of meth. The co-defendants argued that they should have been granted immunity for testifying against each other in court. However, the government sufficiently showed in court that it relied on testimony brought by a confidential informant, and not their testimonies against each other. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 14, 2023, Case #: 22-1686, Categories: Drug Offender, Conspiracy
J. Kobes finds a lower court properly dismissed a citizen of Sierra Leone's application to remain in the U.S. The immigrant, who gained lawful permanent residency in 2010, argued that she is entitled to relief. However, she and her husband operated a health care service in order to defraud Medicaid. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 14, 2023, Case #: 22-2166, Categories: Fraud, Medicare
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. Kobes finds a lower court properly convicted a defendant for abusive sexual contact after he touched his victim's groin over his clothing. The defendant argued that he is entitled to a new trial after the government defined "groin" as the "crease or hollow at the junction of the inner part of each thigh with the trunk, together with the adjacent region often including the external genitalia." However, the word "groin" was not defined for the grand jury, which may have relied on its ordinary meaning. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: May 15, 2023, Case #: 22-1328, Categories: Assault