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as a courtesy to the reader. They are not part of the opinion of the court.
153965P.pdf 05/24/2017 Phil Rosemann v. St. Louis Bank U.S. Court of Appeals Case No: 15-3965 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Chief Judge Smith, Author, with Wollman and Benton, Circuit Judges] Civil Case - RICO. District court's grant of summary judgment in suit by defrauded investors against St. Louis Bank for violation of Missouri's Uniform Fiduciaries Law, aiding and abetting breach of fiduciary duty, conspiracy to breach fiduciary duty and conspiracy to violation RICO is affirmed. The Uniform Fiduciaries Act requires actual knowledge or bad faith that the fiduciary was defrauding the principal or using the fiduciary funds for private purposes; the record does not support that the bank had a duty to investigate or should have been put on notice the funds were misused. Bank employees lacked actual knowledge of breach of fiduciary duty or source of IOLTA funds. Covering overdrafts did not by itself amount to bad faith, especially in light of uniqueness of IOLTA funds. There is no authority that repayments of debts guaranteed by a fiduciary are for the fiduciary's personal benefit. Common law breach of fiduciary duty claims also failed; bank not liable for failing to object or mere negative acquiescence in the fraud and there was no evidence bank had a meeting of the minds to carry out unlawful purpose or conspire to violate RICO. 162971U.pdf 05/24/2017 Kesheanna Jackson v. Norac, Inc. U.S. Court of Appeals Case No: 16-2971 U.S. District Court for the Eastern District of Arkansas - Helena
[UNPUBLISHED] [Per Curiam. Before Loken, Murphy, and Benton, Circuit Judges] Civil Case - employment discrimination. Grant of summary judgment is affirmed without comment. 163186P.pdf 05/24/2017 Brittany Tovar v. Essentia Health U.S. Court of Appeals Case No: 16-3186 U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Murphy, Author, with Benton and Beam, Circuit Judges] Civil Case - sex discrimination. District court properly dismissed Title VII sex discrimination claim against employer for refusal to cover treatment of her son's gender reassignment treatment as Title VII and the MHRA do not extend to such discrimination that is not on the basis of employee's sex. Dismissal of ACA claims against insurance plan for lack of Article III standing, was error, as Tovar suffered an injury sufficient to confer standing and the injuries were traceable to or redressable by the third-party insurance provider and the plan administrator. The court is not required to consider alternative grounds for dismissal. Judge Benton concurs in part and dissents in part. 163727U.pdf 05/24/2017 Dennis Deters v. Federal Aviation Admin. U.S. Court of Appeals Case No: 16-3727 Petition for Review of an Order of the Federal Aviation Administration
[UNPUBLISHED] [Per Curiam. Before Wollman, Bowman, and Riley, Circuit Judges] Petition for Review - Federal Aviation Administration. Decision denying medical certificate to re-establish private pilot's license was not arbitrary, capricious, an abuse of discretion, or without support in the law. 163782U.pdf 05/24/2017 United States v. Kenneth Davis U.S. Court of Appeals Case No: 16-3782 U.S. District Court for the Western District of Missouri - Kansas City
[UNPUBLISHED] [Per Curiam. Before Colloton, Bowman, and Kelly, Circuit Judges] Criminal Case - Anders. Challenge to the substantive reasonableness of the sentence and a challenge to the calculation of the advisory Guidelines range fall within the scope of the appeal waiver and shall be enforced, as the record demonstrates Davis entered into the plea agreement and the appeal waiver knowingly and voluntarily and no miscarriage of justice will result. Counsel's argument that gender of attorneys representing defendant adversely affected the sentence is without merit; failure to mention all section 3553(a) factors was not plain error; and restitution order was not plain error.
