as a courtesy to the reader. They are not part of the opinion of the court.
113626P.pdf 02/05/2013 Janet Lundquist v. University of SD Sanford U.S. Court of Appeals Case No: 11-3626 U.S. District Court for the District of South Dakota - Sioux Falls [PUBLISHED] [Loken, Author, with Smith and Benton, Circuit Judges]
Civil case - Employment Discrimination. Under South Dakota law, the University of South Dakota Medical School lacks the capacity to be sued, and the district court did not err in granting the school's motion for summary judgment. 121061P.pdf 02/05/2013 James Trickey v. Kaman Industrial Technologies U.S. Court of Appeals Case No: 12-1061 and No: 12-1277 U.S. District Court for the Eastern District of Missouri - Cape Girardeau [PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Colloton, Circuit Judge]
Civil case - Employment Discrimination. Evidence was sufficient under Missouri law to support an award of punitive damages in this age discrimination case; the $500,000 punitive-damages award did not shock the conscience or demonstrate prejudice and did not violate defendant's due process rights; even assuming challenged statement was hearsay, it was not so prejudicial as to require a new trial; district court applied the proper standard of review when considering defendant's motion for new trial; a Rule 59(e) motion is not the proper mechanism to seek reconsideration of an award of attorneys' fees, and the court did not err in denying the motion. 121290P.pdf 02/05/2013 Tanya Bosley v. Cargill Meat Solutions Corp. U.S. Court of Appeals Case No: 12-1290 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Colloton, Circuit Judge]
Civil case - Family and Medical Leave Act. Plaintiff failed to provide adequate evidence for a reasonable jury to find she gave defendant adequate notice under the FMLA; plaintiff's failure to comply was not excused on the basis of extraordinary circumstances; plaintiff failed to make a prima facie case of FMLA retaliation. 121975P.pdf 02/05/2013 Susan Reindl v. Hartford Life and Accident Ins U.S. Court of Appeals Case No: 12-1975 U.S. District Court for the Eastern District of Missouri - Cape Girardeau [PUBLISHED] [Bye, Author, with Melloy and Smith, Circuit Judges]
Civil case - ERISA. District court did not err in finding plaintiff failed to exhaust her administrative remedies as a letter she sent could reasonably be construed by the plan administrator as a request for documents rather than as a request for an appeal. 122305U.pdf 02/05/2013 Thomas Bray v. Bank of America U.S. Court of Appeals Case No: 12-2305 U.S. District Court for the District of North Dakota - Bismarck [UNPUBLISHED] [Per Curiam - Before Loken, Melloy and Benton, Circuit Judges]
Civil case - Consumer law. Defendant's judgment affirmed without comment. 126060P.pdf 02/05/2013 Zachary Smith v. State of Missouri U.S. Court of Appeals Case No: 12-6060 U.S. Bankruptcy Court for the Western District of Missouri - St. Joseph [PUBLISHED] [Kressel, Author, with Saladino and Nail, Bankruptcy Judges]
Bankruptcy Appellate Panel. State did not violate the discharge injunction when it deducted funds from Smith's inmate account in partial satisfaction of the post-petition costs of his confinement for which Smith remains liable under the Missouri Incarceration Reimbursement Act.