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.
122752P.pdf   08/28/2014  Vicky  v.  United States
   U.S. Court of Appeals Case No:  12-2752
                          and No:  12-2769
   U.S. District Court for the District of Nebraska - Lincoln    
   [PUBLISHED] [Per Curiam - Before Murphy, Benton and Shepherd, Circuit 
   Judges] 
   Criminal case - Criminal law. On remand from the Supreme Court of the 
   United States, see Vicky, Child Pornography Victim v. Fast, 134 S.Ct. 1934 
   (2104). Remanded to the United States District Court for further 
   consideration in light of Paroline v. United States, 134 S. Ct. 1710 
   (2014). 
  
131161P.pdf   08/28/2014  Agri Star Meat & Poultry  v.  Nevel Properties Corporation
   U.S. Court of Appeals Case No:  13-1161
   U.S. District Court for the Northern District of Iowa - Dubuque    
   [PUBLISHED] [Riley, Author, with Melloy and Benton, Circuit Judges] 
   Civil case - Bankruptcy. The district court did not err in finding 
   plaintiffs/ appellants had no right to the deep well in dispute; the 
   plaintiffs, who purchased the bankrupt debtor's assets, never acquired any 
   right to the well because the bankrupt debtor's trustee was deemed to have 
   rejected the contract as a matter of law before plaintiffs acquired the 
   assets. 
  
131269P.pdf   08/28/2014  Ah May Ruth Lee  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  13-1269
                          and No:  13-2597
   Petition for Review of an Order of the Board of Immigration Appeals    
   [PUBLISHED] [Shepherd, Author, with Colloton and Kelly, Circuit Judges] 
   Petition for Review - Immigration. Bloomington Immigration Court. The BIA 
   did not abuse its discretion when it denied petitioner's motions for 
   remand and to reopen where the BIA determined that petitioner's additional 
   evidence would not have warranted overturning the IJ's credibility 
   finding. 
  
132156P.pdf   08/28/2014  Jane Doe  v.  Sammy Hagar
   U.S. Court of Appeals Case No:  13-2156
   U.S. District Court for the Northern District of Iowa, Waterloo    
   [PUBLISHED] [Bright, Author, with Loken and Gruender, Circuit Judges] 
   Civil case. In action alleging Sammy Hagar libeled plaintiff in his 
   autobiograhpy Red: My Uncensored Life in Rock, the district court erred in 
   granting Hagar's motion for summary judgment as Hagar's statements were 
   defamatory as a matter of law, and there were jury issues concerning 
   whether plaintiff had satisfied the publication element of her libel per 
   se claim and whether the challenged statements were "of and concerning 
   her;" further, with respect to Hagar's defense that the statements were 
   substantially true, plaintiff had produced sufficient evidence to raise a 
   jury question on the issue; the district court also erred in granting 
   summary judgment on plaintiff's false light invasion of privacy claim as 
   she satisfied the "publicity" element of a false light claim and raised a 
   jury issue as to whether the challenged statements were sufficiently 
   publicized; district court did not err in granting Hagar summary judgment 
   on plaintiff's intentional infliction of emotional distress claim; 
   plaintiff raised a jury issue as to whether Hagar's comments breached the 
   parties' confidentiality agreement, and the court erred in granting Hagar 
   summary judgment on her breach-of-contract claim; no error in granting 
   Hagar summary judgment on plaintiff's breach of the covenant of good faith 
   and fair dealing claims. 
  
132447P.pdf   08/28/2014  MN Housing Finance Agency  v.  Jamey Schmidt
   U.S. Court of Appeals Case No:  13-2447
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Colloton, Author, with Shepherd, and Kelly, Circuit Judges] 
   Civil case - Bankruptcy. The Eighth Circuit joins other circuits which 
   have held that a bankruptcy court may strip off of a valueless lien in a 
   Chapter 13 proceeding. 
  
132854P.pdf   08/28/2014  U.S. Bank National Association  v.  State Farm Fire & Casualty Com
   U.S. Court of Appeals Case No:  13-2854
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Colloton, Author, with Murphy and Kelly, Circuit Judges] 
   Civil case - Civil Procedure. The district court did not abuse its 
   discretion by denying U.S. Bank's motion to intervene on the ground it was 
   untimely. 
  
133185P.pdf   08/28/2014  Donald Kern  v.  Goebel Fixture Co.
   U.S. Court of Appeals Case No:  13-3185
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Loken, Author, with Beam and Gruender, Circuit Judges] 
   Civil case - Labor law. In action to recover unpaid health and welfare 
   benefits the district court did not err in granting defendant's motion for 
   summary judgment as it was undisputed that the union did not represent the 
   employees at the plant in question and the union had no right to the 
   contributions under the terms of the Trust Agreement it was seeking to 
   enforce. 
  
133637U.pdf   08/28/2014  Clayton Walker  v.  Shawn Peterson
   U.S. Court of Appeals Case No:  13-3637
   U.S. District Court for the District of South Dakota - Sioux Falls    
   [UNPUBLISHED] [Per Curiam - Before Bye, Smith and Kelly, Circuit Judges] 
   Civil case - Civil rights. No error in jury instructions or in denying 
   plaintiff's motion for a new trial; no error in entering judgment against 
   plaintiff on his unlawful-arrest claim. 
  
133688U.pdf   08/28/2014  United States  v.  James Pate
   U.S. Court of Appeals Case No:  13-3688
   U.S. District Court for the Western District of Arkansas - Hot Springs    
   [UNPUBLISHED] [Per Curiam - Before Bye, Smith and Kelly, Circuit Judges] 
   Criminal case - Criminal law. Evidence was sufficient to support the trial 
   court's determination that defendant committed a new law violation while 
   on supervised release; information in the police reports admitted into 
   evidence was corroborated by live testimony and no Confrontation Clause 
   violation occurred; sentence imposed upon the revocation of defendant's 
   supervised release was not substantively unreasonable. 
  
141479U.pdf   08/28/2014  Donald Winnett  v.  DeAngelo Earl
   U.S. Court of Appeals Case No:  14-1479
   U.S. District Court for the Eastern District of Arkansas - Helena    
   [UNPUBLISHED] [Per Curiam - Before Wollman, Gruender and Shepherd, Circuit 
   Judges] 
   Prisoner case - Prisoner civil rights. Defendants' judgment affirmed 
   without comment.