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.
143150P.pdf 02/09/2016 Western Thrift and Loan Corp. v. Sebastian Rucci U.S. Court of Appeals Case No: 14-3150 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Bye, Author, with Smith and Benton, Circuit Judges] Civil case - Settlements. District court retained ancillary jurisdiction to enforce a settlement agreement when its order dismissing the case reserved such jurisdiction; the district court record was sufficient to create an enforceable agreement even though the parties did not memorialize the agreement. 143239P.pdf 02/09/2016 Parsons Electric, LLC v. NLRB U.S. Court of Appeals Case No: 14-3239 and No: 14-3562 National Labor Relations Board [PUBLISHED] [Wollman, Author, with Beam and Gruender, Circuit Judges] Petition for Review - National Labor Relations Board. The Board's finding that the employer engaged in an unfair labor practice when it unilaterally changed the written employee-break policy set forth in its employee handbook without first notifying the local and affording the union an opportunity to bargain is affirmed; the Board reasonably rejected the employer's contention that the new policy merely clarified existing policy and practice. 151547P.pdf 02/09/2016 Continental Casualty Company v. The Valspar Corporation U.S. Court of Appeals Case No: 15-1547 and No: 15-1623 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Riley, Author, with Smith and Shepherd, Circuit Judges] Civil case - Insurance. The district court did not err in determining defendant National Union had a duty to defend Valspar in claims arising out of the presence of benzene in the company's products and that it had an equitable obligation to pay the costs of the defense; neither Valspar's agreement to pay National Union's costs, Continental's agreement not to recover defense costs from Valspar, nor Continental's alleged failure to pay a small fraction of the costs defeats Continental's right to contribution from National Union. 151592P.pdf 02/09/2016 United States v. Earl Ramos U.S. Court of Appeals Case No: 15-1592 and No: 15-1602 U.S. District Court for the Northern District of Iowa, Waterloo [PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and Bright, Circuit Judge] Criminal case - Criminal law and sentencing. The government showed that defendant Mary Ramos knew the specific features of the substance she was selling made it a controlled substance analogue; circumstantial evidence of knowledge is sufficient to satisfy the government's burden and the evidence the government produced showed that defendant: (1) knew she was in possession of an analogue; and(2) understood the pharmacological effects of the substance, i.e., that it produced a "high" similar to a controlled substance; the district court did not err in determining, for the purpose of calculating defendants' offense levels, that the synthetic cannabinoids defendants sold were more like pure THC than an equal quantity of marijuana. Judge Bright, concurring in part and dissenting in part. 151605U.pdf 02/09/2016 Lori Irish v. U.S. Department of Justice U.S. Court of Appeals Case No: 15-1605 U.S. District Court for the District of Minnesota - Minneapolis [UNPUBLISHED] [Per Curiam - Before Loken, Murphy and Bye, Circuit Judges] Civil case - Bivens. Defendants' summary judgment affirmed without comment. 152217U.pdf 02/09/2016 Curtiss-Manes-Schulte, Inc. v. Safeco Insurance Company U.S. Court of Appeals Case No: 15-2217 U.S. District Court for the Western District of Missouri - Jefferson City [UNPUBLISHED] [Per Curiam - Before Loken, Murphy and Bye, Circuit Judges] Civil case. Defendant's summary judgment affirmed without comment.