OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Tuesday August 04, 2015 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 08/03/2015 ]  
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.
142181P.pdf  08/03/2015  United States Commodity Future  v.  Michael Kratville
   U.S. Court of Appeals Case No:   14-2181
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Smith, Author, with Wollman and Benton, Circuit Judges] Civil case - Commodities Exchange Act. The district court did not abuse its discretion in denying defendant's motion for additional time to review documents contained on a CD ROM the U.S. Attorney had provided his attorney in a related criminal prosecution; the district court was not barred from considering investor affidavits provided in support of the Commission's motion for summary judgment because the Commission was not a party to the settlement agreements between those investors and defendant; the district court did not err in rejecting defendant's crediblity-based challenges to certain investor affidavits; no error in refusing to consider an affidavit from defendant's expert when he had not been timely disclosed as an expert; the district court did not err in granting the Commission's motion for summary judgment on its claim defendant committed fraud in violation of the Commodities Exchange Act and its implementing regulations as the Commission showed misrepresentations, scienter and materiality; no error in denying defendant's Rule 60(b) motion based on a claim his former attorney had not provided competent counsel during discovery and the pretrial process.
142733P.pdf  08/03/2015  Michael Falco  v.  Farmers Insurance Group
   U.S. Court of Appeals Case No:   14-2733
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Kelly, Author, with Murphy and Colloton, Circuit Judges] Civil case - Contracts. Plaintiff did not include a claim for breach of fiduciary duty against the defendant credit union in his complaint, and the court will not consider this issue as it was not raised in the district court.
142912P.pdf  08/03/2015  United States  v.  Jody Smith
   U.S. Court of Appeals Case No:   14-2912
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Criminal case - Sentencing. The district court adequately addressed the 3553(a) factors and adequately explained its reasons for defendant's sentence; punishment of 720 months was not substantively unreasonable as the sentences imposed for each count, 360 months, were both within the Guidelines range, and the court's decision to make the sentences consecutive was not an abuse of its discretion, given the nature of the offenses (distribution of child pornography involving defendant's ten-year-old stepdaughter).
142955P.pdf  08/03/2015  United States  v.  Alberto Anguiano
   U.S. Court of Appeals Case No:   14-2955
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Bye, Author, with Smith, Circuit Judge, and Schiltz, District Judge] Criminal case - Criminal law. The extension of the traffic stop in the case was justified by reasonable suspicion of criminal activity; defendant, a passenger in the vehicle, did not have a reasonable expectation of privacy in the car and did not have standing to challenge the search of the vehicle.
142961P.pdf  08/03/2015  Hershel Robinson  v.  Mine Safety Appliances Company
   U.S. Court of Appeals Case No:   14-2961
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
[PUBLISHED] [Gruender, Author, with Wollman, Circuit Judge, and Gritzner, District Judge] Civil case - Products liability. Plaintiff's 2012 suit against defendants who manufactured or sold silica-related products was barred by Arkansas's three-year statute of limitations for products liability actions, as given his work history, knowledge of silicosis and physical symptoms, appellant reasonably should have known in 2007 that silica-related products had damaged his lungs.
143580P.pdf  08/03/2015  United States  v.  Christopher Stoner
   U.S. Court of Appeals Case No:   14-3580
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Benton, Author, with Gruender and Beam, Circuit Judges] Criminal case - Sentencing. Defendant's sentence was not substantively unreasonable, given defendant's extensive criminal history, lack of respect for the law and the need to protect the public.
151148U.pdf  08/03/2015  Patrick Bray  v.  Bank of America
   U.S. Court of Appeals Case No:   15-1148
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[UNPUBLISHED] [Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Civil case - Bank Holding Company Act. The district court erred in dismissing plaintiff's claim under the Act for lack of standing, and the matter is remanded to permit the district court to consider in the first instance whether plaintiff has standing under Lexmark Int'l, Inc. v. Static Control Components, Inc., 134 S. Ct 1377 (2010); dismissal of state-law claims for defamation affirmed.
151353U.pdf  08/03/2015  Quinn Ngiendo  v.  Metropolitan Council
   U.S. Court of Appeals Case No:   15-1353
   U.S. District Court for the District of Minnesota - Minneapolis   
[UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Gruender, Circuit Judges] Civil case - Civil right. Defendants' summary judgment on plaintiff's claim that transit police held her against her will and made discriminatory comments based on her race and that she was denied disability fares because of her race affirmed.
151450U.pdf  08/03/2015  United States  v.  Jovan Miller
   U.S. Court of Appeals Case No:   15-1450
                          and No:   15-1477
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Gruender, Circuit Judges] Criminal case - Sentencing. Anders case. No procedural error occurred in either of defendant's sentencings and the sentences imposed - for being a felon in possession of a firearm and for violating his supervised release - were substantively reasonable.