as a courtesy to the reader. They are not part of the opinion of the court.
112877P.pdf 10/01/2012 Berthel Fisher & Company v. Craig Larmon U.S. Court of Appeals Case No: 11-2877 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Melloy, Author, with Murphy and Colloton, Circuit Judges]
Civil case - Arbitration. Because plaintiff did not provide investment or brokerage related services to the investors, they were not plaintiff's customers under the Financial Industry Regulatory Authority's Code of Arbitration Procedure for Customer Disputes, and they were not entitled to arbitrate their claims before FINRA. 113003P.pdf 10/01/2012 Spencer Ondirsek v. Bernie Hoffman U.S. Court of Appeals Case No: 11-3003 U.S. District Court for the Western District of Arkansas - Texarkana [PUBLISHED] [Benton, Author, with Loken and Gruender, Circuit Judges]
Civil case - torts. Tony Alamo Christian Ministries' practices, which included beating and threatening the plaintiffs, were not protected by the First Amendment; claim that the jury verdict was against the weight of the evidence was not preserved for appeal because Alamo failed to move for judgment as a matter of law before submission of the case to the jury or after the verdict and entry of judgment in accordance with Rule 50; any error in instructing the jury affected only the battery count and was harmless in light of the fact that the verdicts on the separate outrage and conspiracy counts were sufficient to support the damages awarded; the $3 million in compensatory damages awarded each plaintiff was not excessive in light of the prolonged and continuous mistreatment they suffered; however, while an award of punitive damages was justified by the need to punish and deter the kind of conduct which occurred here, the awards of $30 million to each plaintiff were unconstitutional, and a ratio of 4:1 is appropriate to maintain notions of fairness and due process; the punitive damages awards are remitted to $12 million for each plaintiff. 113355P.pdf 10/01/2012 United States v. Troy David Chaika U.S. Court of Appeals Case No: 11-3355 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Loken, Author, with Beam, Circuit Judge, and Perry, District Judge]
Criminal case - Criminal law and Sentencing. District court did not abuse its discretion by refusing to permit defendant to impeach a cooperating witness with a prior sexual misconduct conviction as the conviction was unrelated to the mortgage fraud at issue and did not require proof of a dishonest act or false statement; no error in admitting testimony from the government's expert witnesses on the mortgage loan industry and mortgage fraud; claims of error not supported by argument would not be considered; sentence was not substantively unreasonable; district court erred by entering a final order of restitution without giving defendant an opportunity to object to the restitution claims being awarded; case remanded for further restitution proceedings. 121268P.pdf 10/01/2012 United States v. Roger Dengler U.S. Court of Appeals Case No: 12-1268 U.S. District Court for the Southern District of Iowa - Davenport [PUBLISHED] [Murphy, Author, with Loken, Circuit Judge, and Jackson, District Judge]
Criminal case - Sentencing. By showing defendant was an active participant in the drug conspiracy, the Government proved defendant was not eligible for Guideline Sec. 2D1.8(a)(2)'s lower base offense level; no error in denying safety-valve reduction as defendant failed to produce any evidence that he truthfully provided the government all the information he had concerning the offense; sentence was not substantively unreasonable. 121558U.pdf 10/01/2012 United States v. Douglas Biddle U.S. Court of Appeals Case No: 12-1558 U.S. District Court for the Southern District of Iowa - Des Moines [UNPUBLISHED] [Per Curiam - Before Bye, Gruender and Benton, Circuit Judges]
Criminal case - Sentencing. Anders case. Sentence was not substantively unreasonable. 126026P.pdf 10/01/2012 Bruce Knigge v. SunTrust Mortgage, Inc. U.S. Court of Appeals Case No: 12-6026 U.S. Bankruptcy Court for the Western District of Missouri - Kansas City [PUBLISHED] [Schermer, Author, with Kressel and Nail, Bankruptcy Judges]
Bankruptcy Appellate Panel. Bankruptcy court correctly determined that the promissory note was a negotiable instrument and that Sun Trust was entitled to enforce it and the deed of trust; debtors were judicially estopped from denying that Sun Trust held an enforceable secured claim by their filings in this case and a prior bankruptcy.