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.
163113P.pdf   08/02/2017  Ag Spectrum Company  v.  Vaughn Elder
   U.S. Court of Appeals Case No:  16-3113
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Smith, Author, with Shepherd, Circuit Judge, and Fenner, 
   District Judge] 
   Civil case - Contracts. The district court did not err in determining that 
   the noncompete provision in plaintiff's contract was unreasonable and 
   unenforceable; without controlling precedent from the Iowa Supreme Court, 
   the court predicts the Iowa Supreme Court would hold that the 
   enforceability of a noncompete provision is a question for the court. 
  
163219P.pdf   08/02/2017  Victor Gresham  v.  Lori Swanson
   U.S. Court of Appeals Case No:  16-3219
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Kelly, Circuit 
   Judge] 
   Civil case - Constitutional law. In action challenging the 
   constitutionality of Minn. Stat. Section 325E.27 restricting the use of 
   robocalls, the district court did not err in denying plaintiff's request 
   for a preliminary injunction against enforcement of the statute as it was 
   unlikely plaintiff would succeed on the merits of his claims; the district 
   court did not err in determining, based on this court's decision in Van 
   Bergen v. Minnesota, 59 F.3d 1541 (8th Cir. 1995), that the restrictions 
   contained in section (b) of the statute are reasonable time, place and 
   manner restrictions; nor did the court err in finding that a 2009 
   content-based amendment creating an exception for tax-exempt charitable 
   organizations was severable; Citizens United and other recent Supreme 
   Court cases do not supersede Van Bergen and it controls this case. 
  
163715P.pdf   08/02/2017  Enerplus Resources (USA) Corp.  v.  Wilbur Wilkinson
   U.S. Court of Appeals Case No:  16-3715
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Smith, Author, with Colloton and Kelly, Circuit Judges] 
   Civil case - Indian law. The parties included a forum selection clause in 
   their settlement agreement stating that any disputes arising out of a 
   settlement agreement in their tribal court action would be resolved in the 
   United States District Court of North Dakota, and the district court did 
   not err in determining this action regarding a dispute over royalty 
   payments under the settlement was properly brought in federal court; nor 
   did the court err in enjoining any lawsuits in tribal court arising from 
   or relating to the settlement agreement.