OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Friday August 18, 2017 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 08/17/2017 ]  
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.
153872P.pdf  08/17/2017  Jo Ann Howard and Associates  v.  National City Bank
   U.S. Court of Appeals Case No:   15-3872
                          and No:   15-3878
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges] Civil case - Trusts. In action alleging Allegiant Bank, PNC's predecessor, breached its fiduciary duties as trustee of pre-need funeral deposits, was negligent and aided and abetted fraud and breach of fiduciary duty, the district court erred in determining the claims arose under tort law and were actionable at law; plaintiffs brought a trust-law claim in equity that should have been tried to the court; the beneficiaries of the trust were National Prearranged Services, Missouri consumers and funeral homes that were to provide services to the consumers; the measure of damages for the trust claim is defined by Section 205 of the Restatement (Second) of Trusts; the district court did not err in dismissing plaintiffs' claims for aiding and abetting in tort; although the court erred in allowing the case to be tried to a jury on a tort-law theory, the court is not required to retry the matter in its entirety as it is familiar with the evidence and may proceed on the existing trial record as it sees fit, with receipt of any additional evidence the court finds appropriate.
161564P.pdf  08/17/2017  Arnold Fleck  v.  Joe Wetch
   U.S. Court of Appeals Case No:   16-1564
   U.S. District Court for the District of North Dakota - Bismarck   
[PUBLISHED] [Loken, Author, with Colloton and Kelly, Circuit Judges] Civil case - Constitutional law. In an action by a member of the State Bar Association of North Dakota alleging the Association's opt-out procedure violates his right to affirmatively consent before subsidizing non-germane expenditures, the district court did not err finding the Association had implemented constitutionally adequate procedures to protect the First Amendment rights of North Dakota attorneys who oppose a non-germane expenditure; in response to this suit, the Association adopted revised policies and the revised license fee statement adequately disclosed a member's option not to fund non-germane expenditures and gives the attorney the ability to make a deduction and submit a lower payment; if the attorney does not choose the Kelller v. State Bar of California, 496 U.S. 1 (1990) deduction, the attorney opts in to subsidizing the non-germane expenses by the affirmative act of writing a check for the greater amount, and the revised procedures comply with Keller and Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986).
161793P.pdf  08/17/2017  Richard Torti, Sr.  v.  John Hancock Life Insurance Co
   U.S. Court of Appeals Case No:   16-1793
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Kelly, Author, with Colloton and Gruender, Circuit Judges] Civil case - Insurance. Loan forms the trustee relied on to support a breach of contract claim against the insurer were not part of the parties' contract; nor did trustee establish that the insurer was on notice of the loan agreement and breached its duty of good faith by failing to properly administer the policy; the insurer did not have a duty to ensure that loan proceeds reached the correct recipient and, in the absence of such a duty, the trustee's negligence claim fails.
161836P.pdf  08/17/2017  United States  v.  Jerry Gater
   U.S. Court of Appeals Case No:   16-1836
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
[PUBLISHED] [Colloton, Author, with Beam and Benton, Circuit Judges] Criminal case - Criminal law. The district court did not err in denying defendant's request for a Franks hearing as defendant did not produce any evidence to support his claim that the officer who supplied the search warrant affidavit intended to omit facts to make the affidavit misleading or that he omitted facts in reckless disregard of the fact that the omissions would mislead; the facts that the source had a history of drug use or compensation did not establish that the source's information is unreliable.
161968P.pdf  08/17/2017  Ritchie Capital Management LLC  v.  BMO Harris Bank, N.A.
   U.S. Court of Appeals Case No:   16-1968
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Colloton, Author, with Loken and Kelly, Circuit Judges] Civil case - Fraud. In action alleging fraud in connection with the Thomas Petters Ponzi scheme, the district court did not err in abstaining based on its conclusion that the action was duplicative of those ongoing in pending bankruptcy proceedings; while the district court was within its discretion to abstain, it should have stayed the claims rather than dismiss them as the two cases were not identical actions involving identical parties.
163640U.pdf  08/17/2017  United States  v.  Miklos Dates
   U.S. Court of Appeals Case No:   16-3640
   U.S. District Court for the District of Minnesota - St. Paul   
[UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Colloton and Kelly, Circuit Judges] Criminal case - Sentencing. The district court thoughtfully considered the 3553(a) factors and did not abuse its discretion by giving greater weight to the nature and circumstances of the offense and the need for deterrence than it did to the mitigating factors in defendant's personal history.
164215U.pdf  08/17/2017  United States  v.  Said Ali
   U.S. Court of Appeals Case No:   16-4215
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[UNPUBLISHED] [Per Curiam - Before Loken, Gruender and Shepherd, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is enforced, and the appeal is dismissed.
171429U.pdf  08/17/2017  Tyrone Ellis  v.  Aric Simmons
   U.S. Court of Appeals Case No:   17-1429
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
[UNPUBLISHED] [Per Curiam - Before Loken, Gruender and Shepherd, Circuit Judges] Prisoner case - Prisoner civil rights. Defendant's summary judgment on plaintiff's deliberate indifference to serious medical needs claims is affirmed without comment.