for the Eighth Circuit

123753P.pdf   05/20/2016  Peg Bouaphakeo  v.  Tyson Foods, Inc.
   U.S. Court of Appeals Case No:  12-3753
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Benton, Author, with Smith and Beam, Circuit Judges] 
   Civil case. On remand from the Supreme Court of the United States - Tyson 
   Foods v. Bouaphakeo, 136 S. Ct. 1036 (2016). For the Court's prior opinion 
   in the matter see Bouaphakeo v. Tyson Foods, Inc., 765 F.3d 791 (8th Cir. 
   2014). Remanded to the district court for further proceedings. 
  
143432P.pdf   05/20/2016  State Bank of Bellingham  v.  BancInsure, Inc.
   U.S. Court of Appeals Case No:  14-3432
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Smith, Circuit 
   Judge] 
   Civil case - Contracts. The district court did not err in determining the 
   efficient and proximate cause of the plaintiff bank's loss was the illegal 
   transfer of money by a hacker and not the plaintiff's employee's violation 
   of policies and procedures; since the illegal transfer was not a 
   foreseeable and natural consequence of the employee's failure to follow 
   proper computer security policies, the overriding cause of the loss was 
   the criminal activity and the loss was not covered under the bond issued 
   by BancInsure. 
  
151492P.pdf   05/20/2016  Alaa E. Elkharwily, M.D.  v.  Mayo Holding Company
   U.S. Court of Appeals Case No:  15-1492
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] Per Curiam - Before Smith, Bye and Benton, Circuit Judges] 
   Civil case - Employment law. The district court properly dismissed 
   plaintiff's claim that he was terminated in violation of Minnesota's 
   Vulnerable Victims Act as he never properly submitted reports about 
   violations of the Act; comments about plaintiff's performance as an 
   employee were protected by qualified privilege because they were made in 
   the course of evaluating and investigating his work performance and the 
   comments were based on reasonable cause; claim that plaintiff was 
   terminated in retaliation for refusal to transfer an unstable patient in 
   violation of EMTALA was not supported by the record as he had certified 
   the patient was stable before the transfer;assuming plaintiff made a prima 
   facie case regarding his claims that he was terminated as retaliation for 
   reporting violations under the Minnesota Whistleblower Act, EMTALA or the 
   False Claims Act, the employer established legitimate, non-discriminatory 
   grounds for his termination, and plaintiff failed to show the 
   performance-related grounds were pretexts for retaliation; the district 
   court did not err in striking an overlength response or in denying 
   plaintiff's request to defer ruling on summary judgment pending further 
   discovery. 
  
151735P.pdf   05/20/2016  Karl Ebert  v.  General Mills, Inc.
   U.S. Court of Appeals Case No:  15-1735
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Beam, Author, with Wollman and Gruender, Circuit Judges] 
   Civil case - Class Actions. The district court erred in certifying the 
   proposed class of plaintiffs in this environmental pollution case as the 
   class lacks the requisite commonality and cohesiveness to satisfy Rule 23; 
   remanded for further proceedings in conformance with the opinion. 
  
153367U.pdf   05/20/2016  Jimmy Brown  v.  Gregory Harper
   U.S. Court of Appeals Case No:  15-3367
   U.S. District Court for the Western District of Arkansas - Texarkana   
   [UNPUBLISHED] [Per Curiam - Before Colloton, Gruender and Kelly, Circuit 
   Judges] 
   Civil case - Civil rights. Defendant's summary judgment affirmed without 
   comment.