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.
161146P.pdf   08/15/2017  Lori Peterson  v.  The Travelers Indemnity Co.
   U.S. Court of Appeals Case No:  16-1146
   U.S. District Court for the District of South Dakota - Sioux Falls    
   [PUBLISHED] Benton, Author, with Wollman and Riley, Circuit Judges] 
   Civil case - Insurance. Although plaintiff did not allege facts showing 
   that her tort or punitive damages or attorney's fees would exceed $75,000, 
   it is not legally impossible that she could recover that amount, and the 
   district court had jurisdiction in the matter; the declarations page in 
   the policy clearly communicated that there was no auto medical coverage 
   and nothing in the endorsements modifies the declaration policy; in the 
   absence of underlying coverage, the district court did not err in 
   dismissing plaintiff's remaining claims for fraud, bad faith and unfair 
   trade practice; no error in denying plaintiff's motions for 
   reconsideration and leave to amend. 
  
161958P.pdf   08/15/2017  Corey White  v.  Union Pacific Railroad Co.
   U.S. Court of Appeals Case No:  16-1958
   U.S. District Court for the Southern District of Iowa - Des Moines    
   [PUBLISHED] [Smith, Author, with Colloton and Kelly, Circuit Judges] 
   Civil case - Federal Employer's Liability Act. Plaintiff should have known 
   that rough tracks were causing his lower-back pain more than three years 
   before he filed suit, and his action is time-barred. 
  
163068P.pdf   08/15/2017  Johnson Regional Medical Cntr.  v.  Dr. Robert Halterman
   U.S. Court of Appeals Case No:  16-3068
   U.S. District Court for the Western District of Arkansas - Ft. Smith    
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Benton, 
   Circuit Judge] 
   Civil case - Contracts. The documents defendant signed upon entering 
   employment with plaintiff constituted two separate contracts, one an 
   employment agreement and the second a recruitment agreement which included 
   a promissory note and the terms of its repayment; defendant's obligation 
   to repay his debt under the note is not excused by his allegations of 
   fraud,breach of the duty of good faith, breach of contract or personal 
   injury; the note provided that defendant would pay the reasonable costs 
   and expenses of collecting the note, and the district court did not err in 
   awarding plaintiff attorney's fees and costs. 
  
163345P.pdf   08/15/2017  United States  v.  Steven Davis
   U.S. Court of Appeals Case No:  16-3345
   U.S. District Court for the Southern District of Iowa - Council Bluffs    
   [PUBLISHED] [Smith, Author, with Shepherd, Circuit Judge, and Fenner, 
   District Judge] 
   Criminal case - Criminal law. The warrant to search defendant's residence 
   was supported by probable cause and the information contained in the 
   application was not fatally stale; no error in denying defendant's motion 
   in limine to exclude evidence of a prior conviction and his flight from 
   the jurisdiction; by intentionally and voluntarily rejecting the court's 
   suggested curative instruction which could have remedied much of any 
   prejudice resulting from a government witness's testimony that defendant 
   identified the source of his drugs in a post-Miranda statement and then 
   withdrew his cooperation, defendant effectively waived his right to appeal 
   the district court's denial of his motion for a mistrial; evidence was 
   sufficient to support defendant's conviction for conspiracy to distribute 
   methamphetamine, and the district court did not err in denying his motion 
   for a judgment of acquittal; no error in denying defendant's request for a 
   buyer-seller instruction as such an instruction was not supported by the 
   trial evidence. 
  
164070P.pdf   08/15/2017  Laura Dziadek  v.  The Charter Oak Fire Insurance
   U.S. Court of Appeals Case No:  16-4070
                          and No:  16-4210
   U.S. District Court for the District of South Dakota - Sioux Falls    
   [PUBLISHED] [Benton, Author, with Wollman and Riley, Circuit Judges] 
   Civil case - Insurance. Plaintiff's deceit claim against the insurer was 
   not barred by the "independent duty rule;" there was sufficient evidence 
   of deceit to support plaintiff's jury verdict and establish that she was 
   injured by the deceit; the evidence supported the jury's finding that 
   defendant's breach of contract prevented plaintiff from submitting her 
   uninsured motorist claim sooner and that she was damaged by the delay; 
   district court's nullification of the jury's $500,000 award for mental and 
   emotional harm from the deceit claim affirmed in light of South Dakota 
   case law which denies emotional-distress damages on a fraud claim where 
   the plaintiff fails to prove either intentional or negligent infliction of 
   emotional distress; no error in applying the interest rate set out in 
   South Dakota Code Sec. 21-1-13.1; award of punitive damages affirmed as it 
   was supported by the evidence and is not excessive under either South 
   Dakota law or the Due Process Clause of the Fourteenth Amendment.