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.
151964U.pdf 07/25/2016 Ruth Pierce v. Bonnie Moore U.S. Court of Appeals Case No: 15-1964 U.S. District Court for the Eastern District of Missouri - Cape Girardeau [UNPUBLISHED] [Per Curiam - Before Smith and Gruender, Circuit Judges, and Ketchmark, District Judge] Civil case - Civil rights. Remanded to the district court with instructions to dismiss the suit. See Fed. R. Civ. P. 25(a)(1). 152099U.pdf 07/25/2016 United States v. Theto Hatley, Jr. U.S. Court of Appeals Case No: 15-2099 U.S. District Court for the District of Minnesota - St. Paul [UNPUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Colloton and Kelly, Circuit Judges] Criminal case - Sentencing. Defendant's sentence was not substantively unreasonable. 152307P.pdf 07/25/2016 Barkley, Inc. v. Gabriel Brothers, Inc. U.S. Court of Appeals Case No: 15-2307 and No: 15-2308 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Wollman, Author, with Melloy and Colloton, Circuit Judges] Civil case - Contracts. The district court did not err in granting defendant's motion for summary judgment on plaintiff's breach-of-agreement claim as the draft statement of work plaintiff relied on was not part of a written contract and did not include the Agreement's incorporation clause; plaintiff's damages claim was liquidated and under Missouri law plaintiff was entitled to prejudgment interest; assuming the district court issue a sua sponte summary judgment on plaintiff's actual-costs contract claim, defendant had adequate notice and the district court did not err in ruling as it did; challenges to evidentiary rulings rejected; challenges to jury instructions rejected; the district court did not err in denying defendant's motion for judgment as a matter of law as a reasonable jury could find the parties had formed a contract for defendant to pay plaintiff's actual costs; the evidence was sufficient for the jury to find plaintiff was entitled to $138,223; the district court did not err in denying defendant's motion for an award of attorneys' fees as neither plaintiff nor defendant was the prevailing party. 153048P.pdf 07/25/2016 Blake Roussel v. Clear Sky Properties, LLC U.S. Court of Appeals Case No: 15-3048 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Benton, Author, with Smith and Gruender, Circuit Judges] Civil case - Bankruptcy. The district court did not err in determining Roussel's judgment debt was not dischargeable under 11 U.S.C. Sec. 523(a)(6); the court did nor err in finding the state court jury verdict on punitive damages collaterally estopped Roussel from challenging the malice requirement of Section 523(a)(6), and the undisputed evidence showed that Roussel acted willfully; nor did the district court err in concluding the state court award of attorneys' fees was not dischargeable and could not be apportioned between the dischargeable and nondischargeable portions of the underlying debt. 153770U.pdf 07/25/2016 Maximo Roblero v. Loretta E. Lynch U.S. Court of Appeals Case No: 15-3770 Petition for Review of an Order of the Board of Immigration Appeals [UNPUBLISHED] [Per Curiam - Before Loken, Benton and Kelly, Circuit Judges] Petition for Review - Immigration. Substantial evidence supports the order denying petitioner's application for asylum and withholding of removal, and the order is affirmed without further comment.