as a courtesy to the reader. They are not part of the opinion of the court.
121065P.pdf 11/13/2012 Sr. Kate Reid v. Doe Run Resources Corp. U.S. Court of Appeals Case No: 12-1065 and No: 12-1067 and No: 12-1079 and No: 12-1080 and No: 12-1081 and No: 12-1084 and No: 12-1086 and No: 12-1087 and No: 12-1088 and No: 12-1092 and No: 12-1095 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Benton, Author, with Melloy, Circuit Judge, and Baker, District Judge]
Civil case - Arbitration. In action on behalf of Peruvian children alleging they were injured by environmental contamination at defendants' lead mine, the district court did not err in denying defendants' motion to stay the case pending the outcome of arbitration with Peru; joining the Fifth and Ninth Circuits, this court hold that a case may be removed to federal court under 9 U.S.C. Sec. 205 if the arbitration could conceivably affect the outcome of the case; this court did not have pendent appellate jurisdiction over defendants' discretionary-stay claim; with respect to defendants' motion for a mandatory stay pending the outcome of the arbitration, the district court did not err in denying the motion as the issues in the case are not referable to arbitration under 9 U.S.C. Sec. 3. 121068P.pdf 11/13/2012 Kalee Deatley v. Mutual of Omaha Insurance Co. U.S. Court of Appeals Case No: 12-1068 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Wollman, Author, with Beam and Murphy, Circuit Judges]
Civil case - Insurance. Plaintiff's son, a high school student injured while attending a wrestling tournament, was not covered under the policy issued to his school since he was not participating in the event and coverage was limited to participants. 121221P.pdf 11/13/2012 Argonaut Great Central Ins. Co v. Jerry Casey U.S. Court of Appeals Case No: 12-1221 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Loken, Author, with Wollman and Beam, Circuit Judges]
Civil case - Insurance. District court did not err in determining that under Arkansas law and the provisions of the policy in question, it could aggregate Argonaut's liability and uninsured motorist coverages to determine the insurer's liability. 121223P.pdf 11/13/2012 Ruby Clinkscale v. St. Therese of New Hope U.S. Court of Appeals Case No: 12-1223 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Bye, Author, with Beam and Shepherd, Circuit Judges]
Civil case - Family and Medical Leave Act. Viewing the evidence in the light most favorable to plaintiff, a reasonable jury could conclude that she satisfied the FMLA's notice requirements by providing notice of her need for medical leave "as soon as was practicable;" alternatively, a reasonable jury could find that plaintiff had been terminated for taking such leave when a serious health condition unexpectedly prevented from fulfilling her work assignment; defendant's summary judgment reversed and the case remanded for further proceedings.