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.
131953P.pdf 03/03/2015 Ray Nassar v. Earnestine Jackson U.S. Court of Appeals Case No: 13-1953 U.S. District Court for the Eastern District of Arkansas - Jonesboro [PUBLISHED] [Gruender, Author, with Bye and Colloton, Circuit Judges] Civil case - Employment Discrimination. The defendants' nebulous Rule 50(a) motion cannot serve as a basis for an appeal; the court would construe as a Rule 59 motion that part of defendants' Rule 50(b) motion that challenged the $340,000 damage award to plaintiff Nassar; without improperly-awarded front pay, the only evidence of the value of Nassar's salary and benefits during the term of his contract showed his damages were $245,639, and the jury's damage award is remitted to that amount; if Nassar does not accept the award, the district court should conduct a new trial on the issue; in light of the reduction of Nassar's damage award, the district court's award of attorneys' fees is vacated and remanded for further consideration. Judge Bye, concurring in part and dissenting in part. 132757P.pdf 03/03/2015 Stephany Draper v. Carolyn W. Colvin U.S. Court of Appeals Case No: 13-2757 U.S. District Court for the District of South Dakota - Sioux Falls [PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges] Civil case - Social Security. The Social Security Administration did not err in finding that claimant's trust was not exempt from being counted as a personal asset under 42 U.S.C. Sec. 1396p(d)(4)(A); while the statute does not speak directly to the issue here, the SSA had authority to interpret the statute and the provisions of the Program Operations Manual System (POMS) it adopted were entitled to deference and were a permissible interpretation of the statute; under these provisions, the trust was not exempt and a state court order did not bring the trust into compliance with the POMS. 133324P.pdf 03/03/2015 BancInsure, Inc. v. Highland Bank U.S. Court of Appeals Case No: 13-3324 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Loken, Author, with Beam and Gruender, Circuit Judges] Civil case - Insurance. Where the plaintiff denied a claim under the Financial Institution Bond it issued to the Highland Bank, the district court did not err in determining that the Bank's claim did not fall within the coverage; while a provision of the Bond protected the Bank from a forged guaranty, under the facts of this case, the Bank's loss did not result directly from the the forged personal guaranty because the guaranty was worthless to the Bank when it entered into the transactions in question. 133636P.pdf 03/03/2015 Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. U.S. Court of Appeals Case No: 13-3636 and No: 13-3638 Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit [PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges) Civil case - Bankruptcy. The orders appealed were not final and the appeal is dismissed for lack of jurisdiction. 141327P.pdf 03/03/2015 United States v. William Jones, Jr. U.S. Court of Appeals Case No: 14-1327 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Shepherd, Author, with Bye and Kelly, Circuit Judges] Criminal case - Sentencing. The district court did nor err in imposing a sophisticated means enhancement under Guidelines Section 2T1.1(b)(2) where defendant's tax evasion offenses involved a repetitive and coordinated scheme to hide his assets from the U.S. 142198U.pdf 03/03/2015 Pamela Jones v. Carolyn W. Colvin U.S. Court of Appeals Case No: 14-2198 U.S. District Court for the District of Nebraska - Omaha [UNPUBLISHED] [Per Curiam - Before Murphy, Bowman and Shepherd, Circuit Judges] Civil case - Social Security. The ALJ's decision in the matter is supported by substantial evidence on the record as a whole and the denial of benefits is affirmed without comment. 143067U.pdf 03/03/2015 Levester Gillard v. Maurice Culclager U.S. Court of Appeals Case No: 14-3067 U.S. District Court for the Eastern District of Arkansas - Pine Bluff [UNPUBLISHED] [Per Curiam - Before Murphy, Bowman and Shepherd, Circuit Judges] Prisoner case - Prisoner civil rights. Dismissal of Section 1983 claim affirmed without comment.