U.S. Eighth Circuit tag:blogs.findlaw.com,2009-03-31:/eighth_circuit/27 2009-11-06T17:17:36Z The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog Movable Type Enterprise 4.24-en Yohannes v. Holder, No. 08-3519 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5531 2009-11-06T00:33:49Z 2009-11-06T17:17:36Z In a petition for review of the BIA's order denying petitioner a waiver of the spousal joint-filing requirement for removal of the conditions on his permanent resident status, the petition is denied where: 1) petitioner produced virtually no documentation in... Chris Edgar In a petition for review of the BIA's order denying petitioner a waiver of the spousal joint-filing requirement for removal of the conditions on his permanent resident status, the petition is denied where: 1) petitioner produced virtually no documentation in support of his claim of a bona fide marriage; and 2) the Immigration Judge's discussion of extreme hardship was brief, but her reasoning was sufficiently clear and supported by the evidence.

Read Yohannes v. Holder, No. 08-3519

Appellate Information

Submitted: September 22, 2009

Filed: November 5, 2009

Judges

Opinion by Judge Wollman

]]> Petersen v. Reisch, No. 09-1899 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5497 2009-11-05T00:26:22Z 2009-11-05T00:26:22Z In a 42 U.S.C. section 1983 action by a prisoner alleging inadequate medical treatment, defendants' appeal from a denial of summary judgment based on qualified immunity is dismissed where the district court's order did not in fact resolve the qualified... Chris Edgar In a 42 U.S.C. section 1983 action by a prisoner alleging inadequate medical treatment, defendants' appeal from a denial of summary judgment based on qualified immunity is dismissed where the district court's order did not in fact resolve the qualified immunity issue and was purely administrative in nature, and therefore was not appealable.

Read Petersen v. Reisch, No. 09-1899

Appellate Information

Submitted: October 19, 2009

Filed: November 4, 2009

Judges

Opinion by Judge Riley

]]> McCullough v. AEGON USA, Inc., No. 08-1952 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5451 2009-11-03T16:07:10Z 2009-11-03T16:07:10Z In an ERISA action alleging that various employee benefit plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions, summary judgment for defendants is affirmed where 29 U.S.C. section 1132(a)(2) did not permit the plaintiffs to... Chris Edgar In an ERISA action alleging that various employee benefit plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions, summary judgment for defendants is affirmed where 29 U.S.C. section 1132(a)(2) did not permit the plaintiffs to bring suit because the plan's surplus was sufficiently large that the investment loss did not cause actual injury to plaintiffs' interests in the plan.

Read McCullough v. AEGON USA, Inc., No. 08-1952

Appellate Information

Submitted: December 12, 2008

Filed: November 3, 2009

Judges

Opinion by Judge Colloton

]]> In re: Prempro Prods. Liab. Litig., No. 08-2555 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5418 2009-11-02T17:07:20Z 2009-11-03T09:07:09Z In a product liability action against hormone therapy manufacturers, partial judgment for plaintiff and for defendants is affirmed in part where: 1) plaintiff's Arkansas law claims were not preempted because there was no evidence that the FDA would not have... Chris Edgar In a product liability action against hormone therapy manufacturers, partial judgment for plaintiff and for defendants is affirmed in part where: 1) plaintiff's Arkansas law claims were not preempted because there was no evidence that the FDA would not have permitted the strengthening of the labels of the drugs at issue in a manner consistent with Arkansas law; 2) plaintiff's expert testimony on causation was properly admitted because the expert ruled out other possible causes of plaintiff's disease; 3) the district court's instruction on proximate cause was correct; and 4) judgment for defendants on punitive damages was correct because defendants did not act with recklessness or malice.

Read In re: Prempro Prods. Liab. Litig., No. 08-2555

Appellate Information

Submitted: May 13, 2009

Filed: November 2, 2009

Judges

Opinion by Judge Wollman

]]> US v. Coleman, No. 09-1454 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5363 2009-10-30T10:15:12Z 2009-10-30T10:16:42Z Defendant's drug conspiracy conviction is affirmed where: 1) the government offered sufficient evidence that the conspiracy involved fifty grams or more of crack cocaine; 2) the government proved that defendant aided and abetted the conspiracy; and 3) the jury was... Chris Edgar Defendant's drug conspiracy conviction is affirmed where: 1) the government offered sufficient evidence that the conspiracy involved fifty grams or more of crack cocaine; 2) the government proved that defendant aided and abetted the conspiracy; and 3) the jury was equipped to evaluate the motivations of the government's cooperating witnesses without the aid of additional testimony.

Read US v. Coleman, No. 09-1454

Appellate Information

Submitted: September 22, 2009

Filed: October 30, 2009

Judges

Opinion by Judge Gruender

]]> US v. Smith, No. 09-1057 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5362 2009-10-30T10:11:11Z 2009-10-30T10:11:11Z Defendant's appeal from his child pornography sentence is dismissed where defendant's plea agreement rendered a sentence unappealable unless the district court did not accept a recommendation to it contained in the agreement. Read US v. Smith, No. 09-1057 Appellate Information... Chris Edgar Defendant's appeal from his child pornography sentence is dismissed where defendant's plea agreement rendered a sentence unappealable unless the district court did not accept a recommendation to it contained in the agreement.

Read US v. Smith, No. 09-1057

Appellate Information

Submitted: September 25, 2009

Filed: October 30, 2009

Judges

Opinion by Judge Arnold

]]> US v. Higgins, No. 09-1515 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5239 2009-10-28T21:59:06Z 2009-10-28T21:59:06Z Defendant's cocaine base conspiracy sentence is affirmed where the district court did not err in declining to further reduce defendant's sentence pursuant to Amendment 706 to the Sentencing Guidelines because U.S.S.G. section 1B1.10(b)(2)(B), the policy statement applicable to defendant, limited... Chris Edgar Defendant's cocaine base conspiracy sentence is affirmed where the district court did not err in declining to further reduce defendant's sentence pursuant to Amendment 706 to the Sentencing Guidelines because U.S.S.G. section 1B1.10(b)(2)(B), the policy statement applicable to defendant, limited any reduction below the amended guidelines range to an amount comparable to the reduction from the original guidelines range.

Read US v. Higgins, No. 09-1515

Appellate Information

Submitted: October 19, 2009

Filed: October 28, 2009

Judges

Per Curiam

]]> US v. Goodwin-Bey, No. 09-1317 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5237 2009-10-28T21:57:03Z 2009-10-28T21:57:03Z Defendant's firearm possession conviction is affirmed where the district court did not err in denying defendant's motion to suppress the gun at issue because an earlier incident report regarding a vehicle resembling defendant's, along with the number of the vehicle's... Chris Edgar Defendant's firearm possession conviction is affirmed where the district court did not err in denying defendant's motion to suppress the gun at issue because an earlier incident report regarding a vehicle resembling defendant's, along with the number of the vehicle's occupants, sufficiently implicated officer safety concerns to justify a search incident to arrest.

Read US v. Goodwin-Bey, No. 09-1317

Appellate Information

Submitted: September 22, 2009

Filed: October 28, 2009

Judges

Opinion by Judge Gruender

]]> US v. Espinosa, No. 08-3354 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5197 2009-10-27T21:42:34Z 2009-10-27T21:42:34Z Defendant's sexual assault conviction is affirmed in part where: 1) the district court clearly and promptly admonished the jury to disregard that part of an expert's testimony that could be construed as having invaded the province of the jury; and... Chris Edgar Defendant's sexual assault conviction is affirmed in part where: 1) the district court clearly and promptly admonished the jury to disregard that part of an expert's testimony that could be construed as having invaded the province of the jury; and 2) there was no hearsay issue because the district court did not allow the witnesses to repeat the content of what the victim had said.  However, defendant's conviction is reversed in part where insufficient evidence existed as to the victim's age at the time of the offense conduct.

Read US v. Espinosa, No. 08-3354

Appellate Information

Submitted: June 11, 2009

Filed: October 26, 2009

Judges

Opinion by Judge Smith

]]> US v. Blackmon, No. 09-1059 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5195 2009-10-27T21:39:02Z 2009-10-27T21:39:02Z Defendant's sentence is vacated pursuant to the government's appeal where, because defendant's sentence was based on his career offender range, he was not eligible for a sentence reduction under 18 U.S.C. section 3582(c)(2). Read US v. Blackmon, No. 09-1059 Appellate... Chris Edgar Defendant's sentence is vacated pursuant to the government's appeal where, because defendant's sentence was based on his career offender range, he was not eligible for a sentence reduction under 18 U.S.C. section 3582(c)(2).

Read US v. Blackmon, No. 09-1059

Appellate Information

Submitted: October 19, 2009

Filed: October 27, 2009

Judges

Per Curiam

]]> US v. Hill, No. 08-3748 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5054 2009-10-22T22:43:05Z 2009-10-22T22:43:05Z Defendant's firearm possession sentence is affirmed where: 1) there was sufficient evidence in the record that defendant's actions in his prior resisting arrest offense created a substantial risk of serious physical injury or death; and 2) the Sentencing Commission intended... Chris Edgar Defendant's firearm possession sentence is affirmed where: 1) there was sufficient evidence in the record that defendant's actions in his prior resisting arrest offense created a substantial risk of serious physical injury or death; and 2) the Sentencing Commission intended the U.S.S.G. sections 2K2.1 and 3A1.2 enhancements to be cumulative.

Read US v. Hill, No. 08-3748

Appellate Information

Submitted: September 25, 2009

Filed: October 22, 2009

Judges

Opinion by Judge Melloy

]]> Doyle v. Graske, No. 08-3144 tag:blogs.findlaw.com,2009:/eighth_circuit//27.5027 2009-10-21T21:57:02Z 2009-10-21T21:57:02Z In an action based on injuries sustained by plaintiff while on defendant's boat, judgment for plaintiff is affirmed in part where: 1) substantial evidence supported the district court's conclusion that defendant breached a duty of reasonable care if plaintiff was... Chris Edgar In an action based on injuries sustained by plaintiff while on defendant's boat, judgment for plaintiff is affirmed in part where: 1) substantial evidence supported the district court's conclusion that defendant breached a duty of reasonable care if plaintiff was seated on the bow cushion when the boat came on plane; and 2) the district court's finding that defendant's negligence was a proximate and substantial cause of plaintiff's injuries was not clearly erroneous.  However, the judgment is reversed in part where federal admiralty law did not allow for recovery of loss of consortium damages in negligence matters occurring outside territorial waters.

Read Doyle v. Graske, No. 08-3144

Appellate Information

Submitted: April 16, 2009

Filed: September 2, 2009

Amended: October 21, 2009

Judges

Opinion by Judge Colloton

]]> McAdams v. McCord, No. 09-1303 tag:blogs.findlaw.com,2009:/eighth_circuit//27.4999 2009-10-20T22:55:53Z 2009-10-20T22:55:53Z In a securities fraud action alleging that defendant executives and auditor defrauded plaintiffs by inducing them to invest in a company through misrepresentations and false statements about its financial condition, dismissal of the complaint is affirmed where plaintiffs failed to... Chris Edgar In a securities fraud action alleging that defendant executives and auditor defrauded plaintiffs by inducing them to invest in a company through misrepresentations and false statements about its financial condition, dismissal of the complaint is affirmed where plaintiffs failed to allege how two statements by the auditor, as compared to the complaint's long list of alleged misrepresentations and omissions by the executives, proximately caused the investors' losses.

Read McAdams v. McCord, No. 09-1303

Appellate Information

Submitted: September 24, 2009

Filed: October 20, 2009

Judges

Opinion by Judge Benton

]]> Casey v. FDIC, No. 09-1096 tag:blogs.findlaw.com,2009:/eighth_circuit//27.4998 2009-10-20T22:51:13Z 2009-10-20T22:51:13Z In an action against mortgage lenders alleging that the lenders had engaged in the unauthorized practice of law by charging a fee for preparation of loan documents by nonlawyers, judgment for defendant is affirmed where: 1) all claims in a... Chris Edgar In an action against mortgage lenders alleging that the lenders had engaged in the unauthorized practice of law by charging a fee for preparation of loan documents by nonlawyers, judgment for defendant is affirmed where: 1) all claims in a case to which the FDIC was a party had "arising under" federal subject matter jurisdiction; and 2) the document preparation fees at issue constituted loan-related fees, including without limitation, initial charges, as enumerated in 12 C.F.R. section 560.2(b)(5).

Read Casey v. FDIC, No. 09-1096

Appellate Information

Submitted: September 24, 2009

Filed: October 20, 2009

Judges

Opinion by Judge Murphy

]]> US v. Beane, No. 08-3769 tag:blogs.findlaw.com,2009:/eighth_circuit//27.4997 2009-10-20T22:47:16Z 2009-10-20T22:47:16Z Defendant's drug distribution sentence is affirmed where: 1) it was not error for the district court to consider whether a particular sentence would be reversed on appeal; and 2) because defendant was sentenced as a career offender under U.S.S.G. section... Chris Edgar Defendant's drug distribution sentence is affirmed where: 1) it was not error for the district court to consider whether a particular sentence would be reversed on appeal; and 2) because defendant was sentenced as a career offender under U.S.S.G. section 4B1.1, his offense level was determined by the statutory maximum penalty for the offense of conviction, not by section 2D1.1 and its crack-powder ratio.

Read US v. Beane, No. 08-3769

Appellate Information

Submitted: June 11, 2009

Filed: October 20, 2009

Judges

Opinion by Judge Colloton

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