as a courtesy to the reader. They are not part of the opinion of the court.
111922U.pdf 02/13/2013 United States v. Andrew Hyer U.S. Court of Appeals Case No: 11-1922 U.S. District Court for the Eastern District of Missouri - St. Louis [UNPUBLISHED] [Kopf, Author, with Bye and Melloy, Circuit Judges]
Criminal case - Criminal law and sentencing. Affidavit supplied in support of the warrant application established probable cause for a search of defendant's residence; sentence was not substantively unreasonable. 112554P.pdf 02/13/2013 Joseph Ruppert v. Principal Life Insurance Co. U.S. Court of Appeals Case No: 11-2554 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Colloton, Author, with Loken and Shepherd, Circuit Judges]
Civil case - ERISA. The confidential settlement agreement and consent judgment in this case permit plaintiff to revive his individual claim in order to petition the district court for additional recovery, and the decision is not final for purposes of appeal; assuming there is a final decision, the case is moot because when a putative class plaintiff voluntarily dismisses the individual claims underlying a request for class certification, there is no longer a self-interested party advocating for class treatment in the manner necessary to satisfy Article III standing requirements. 113768P.pdf 02/13/2013 King Cole Foods, Inc. v. SuperValu, Inc. U.S. Court of Appeals Case No: 11-3768 and No: 11-3773 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges]
Civil case - Antitrust. Non-signatory defendant wholesalers could not use equitable estoppel to compel the plaintiff retailers to arbitrate their antitrust claims; case remanded to the district court for further consideration of the wholesalers' argument regarding successors-in- interest. Judge Benton, dissenting. 121645P.pdf 02/13/2013 United States v. Mark Skoda U.S. Court of Appeals Case No: 12-1645 U.S. District Court for the District of Nebraska - Lincoln [PUBLISHED] [Per Curiam - Before Murphy, Benton and Shepherd, Circuit Judges]
Criminal case - Criminal law. Defendant had no reasonable expectation of privacy in the property in question as he had no ownership or possessory interest in the property; police had probable cause to search the vehicle found on the property; evidence was sufficient to support defendant's conviction for conspiracy to manufacture methamphetamine. 121712P.pdf 02/13/2013 Jenna Wood v. SatCom Marketing, LLC U.S. Court of Appeals Case No: 12-1712 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Bye, Author, with Murphy and Shepherd, Circuit Judges]
Civil case - Employment discrimination. District court erred in determining that plaintiff failed to establish a claim of retaliation in violation of the Minnesota Whistleblower Act, the Minnesota Human Rights Act and the Fair Labor Standards Act based on its finding that none of her actions were protected activities because at least three of her reports were protected activities as they made in good faith to expose suspected illegalities; however, defendant was still entitled to summary judgment on the claims as defendant articulated legitimate, non- retaliatory grounds for plaintiff's discharge, and plaintiff failed to show the grounds were pretextual. 122207U.pdf 02/13/2013 Jose Villatoro Mejia v. Eric H. Holder, Jr. U.S. Court of Appeals Case No: 12-2207 Petition for Review of an Order of the Board of Immigration Appeals [UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Colloton, Circuit Judges]
Petition for Review - Immigration. Substantial evidence supported the denials of asylum and withholding of removal; court lacked jurisdiction to review the BIA's discretionary determination that petitioner failed to show the requisite level of hardship to his children to support cancellation of removal. 122382U.pdf 02/13/2013 United States v. Luis Rodriguez U.S. Court of Appeals Case No: 12-2382 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Loken, Melloy and Benton, Circuit Judges]
Criminal case - Criminal law. District court did not abuse its discretion by denying defendant's motion for early termination of supervision. 122397P.pdf 02/13/2013 United States v. Isaiah Thomas U.S. Court of Appeals Case No: 12-2397 U.S. District Court for the Northern District of Iowa - Sioux City [PUBLISHED] [Per Curiam - Before Loken, Melloy and Colloton, Circuit Judges]
Criminal case - Criminal law. District court did not abuse its discretion by denying defendant's motion to withdraw his guilty plea.