OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Friday July 25, 2014 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 07/24/2014 ]  
DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office                            as a courtesy to the reader. They are not part of the opinion of the court.
131981P.pdf  07/24/2014  Kena Harris  v.  FedEx National LTL, Inc.
   U.S. Court of Appeals Case No:   13-1981
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Loken, author, with Bye and Benton, Circuit Judges] Civil case - Personal injury. Under Nebraska law the driver of the truck involved in the accident and his employer were independent contractors of FedEx and not its employees; FedEx was not acting as a motor carrier and it had no duty - nondelegable or otherwise - to require the driver to observe Federal Motor Carrier Safety Regulations duties by reason of 49 C.F.R. Sec. 390.11; negligent entrustment theory of liability was properly rejected; district court did not abuse its discretion in denying plaintiffs' untimely motion for leave to amend their complaint.
132231P.pdf  07/24/2014  Christopher Gorog  v.  Best Buy Co., Inc.
   U.S. Court of Appeals Case No:   13-2231
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Wollman, Author, with Melloy and Benton, Circuit Judges] Civil case - contracts. The district court did not consider documents outside the amended complaint and other pleadings in the case and was not obligated to convert defendants' motion to dismiss to a motion for summary judgment; plaintiff's breach of contract claim was foreclosed by the plain language of the agreement.
132754U.pdf  07/24/2014  United States  v.  Michael Geraghty
   U.S. Court of Appeals Case No:   13-2754
   U.S. District Court for the Northern District of Iowa - Ft. Dodge   
[UNPUBLISHED] [Per Curiam - Before Smith, Colloton, and Gruender, Circuit Judges] Criminal case - Criminal law. Defendant waived his right of appeal as part of his plea agreement, and the appeal is dismissed; argument that his agreement was unknowing because he was not aware that the government was investigating him for attempting to murder the confidential informant in the case is rejected as the government had no legal obligation to inform defendant it was investigating him for a separate crime.
133174U.pdf  07/24/2014  United States  v.  Shawn Ratigan
   U.S. Court of Appeals Case No:   13-3174
   U.S. District Court for the Western District of Missouri - Kansas City   
[UNPUBLISHED] [Per Curiam - Before Wollman, Beam and Benton, Circuit Judges] Criminal case - Sentencing. Sentence imposed was not substantively unreasonable.
133790U.pdf  07/24/2014  Vance Moller  v.  Richard Doisy
   U.S. Court of Appeals Case No:   13-3790
   U.S. District Court for the Western District of Missouri - Jefferson City   
[UNPUBLISHED] [Per Curiam - Before Murphy, Bowman and Benton, Circuit Judges] Civil case - Civil rights. District court did not abuse its discretion by denying defendant's motion for appointment of counsel in this Section 1983 action; issue regarding the issuance of a restraining order against a treating physician was moot.
141367U.pdf  07/24/2014  United States  v.  Leron Morris
   U.S. Court of Appeals Case No:   14-1367
   U.S. District Court for the Western District of Missouri - Kansas City   
[UNPUBLISHED] [Per Curiam - Before Murphy, Bowman and Benton, Circuit Judges] Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was not substantively unreasonable.