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.
113423P.pdf 03/26/2015 Rodney Washington v. American Airlines U.S. Court of Appeals Case No: 11-3423 U.S. District Court for the Western District of Missouri - St. Joseph [PUBLISHED] [Colloton, Author, with Bye and Gruender, Circuit Judges] Civil case - Employment discrimination. There was no evidence that plaintiff's job skills testing or the treatment he received regarding his application for the position of machinist was based on race, and the district court did not err in finding that race was not a motivating factor for the decision to deny plaintiff's application for the promotion. 141356P.pdf 03/26/2015 Selective Insurance Company v. Smart Candle, LLC U.S. Court of Appeals Case No: 14-1356 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Kelly, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Insurance. Because there are no allegations in the complaint - in either form or substance - regarding misuse of an advertising slogan, the insurer properly concluded it did not have a duty to defend the claim against its insured Smart Candle. 141381P.pdf 03/26/2015 United States v. Tamiko Grandison U.S. Court of Appeals Case No: 14-1381 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Riley, Author, with Loken and Smith, Circuit Judges] Criminal case - Criminal law and sentencing. A police officer's testimony regarding a government witness's character and reliability was admissible under Rule 608(a) and did not constitute improper "bolstering;" even if admission of evidence during defendant's cross-examination regarding her misrepresentation of her criminal record on applications for federal employment was error, it did not impact the jury's overall opinion of defendant's credibility and was harmless in light of the strong evidence of her guilt; the government concedes it was error for the district court to impose an enhancement under Guidelines Sec. 2D1.1(b)(12) for running a drug house and this error affected defendant's substantial rights; her sentence is vacated, and the case is remanded for resentencing. 141741P.pdf 03/26/2015 Menard, Inc. v. Terry L. Clauff U.S. Court of Appeals Case No: 14-1741 U.S. District Court for the District of Nebraska - Lincoln [PUBLISHED] [Beam, Author, with Loken and Colloton, Circuit Judges] Civil case - Contracts. In an action holding defendant Clauff jointly and severally liable for a contract he signed on behalf of an LLC before it came into existence, the district court did not err in finding, based on the summary judgment record, that Clauff was not authorized to obligate the LLC to a lease assignment because the LLC not yet properly organized under Nebraska law and could not transact business or incur debt that was not incidental to its organization; assuming the parties intended the LLC to receive the assignment of the lease, Clauff cannot escape liability under Nebraska Revised Statute Sec. 21-2635 (repealed 2013) merely because the parties did not intend him to be personally liable; however, the matter should be remanded for further proceedings on the question of whether Nebraska common law and/or Sec. 21-365 preclude Clauff's argument that his liability under the Lease Assignment may be relieved or avoided because the LLC came into existence, adopted the contract and commenced performance. Judge Colloton, dissenting. 142472U.pdf 03/26/2015 Alena Kurylchyk v. Eric H. Holder, Jr. U.S. Court of Appeals Case No: 14-2472 Petition for Review of an Order of the Board of Immigration Appeals [UNPUBLISHED] [Per Curiam - Before Bye, Colloton and Shepherd, Circuit Judges] Petition for Review - Immigration. Bloomington, Minnesota Immigration Court. Substantial evidence supports the BIA's finding that petitioner, a native and citizen of Belarus, failed to establish past persecution or a well-founded fear of future persecution, and the petition is denied without further comment. 142754U.pdf 03/26/2015 United States v. Orlando Preston U.S. Court of Appeals Case No: 14-2754 U.S. District Court for the Eastern District of Missouri - St. Louis [UNPUBLISHED] [Per Curiam - Before Smith, Gruender and Benton, Circuit Judge] Criminal case - Sentencing. Anders case. The appeal waiver in the case precludes counsel's challenge to the restitution order; Preston's pro se challenge to the district court's jurisdiction is meritless. 143047U.pdf 03/26/2015 Harold Mason v. Invision LLC U.S. Court of Appeals Case No: 14-3047 U.S. District Court for the Eastern District of Missouri - St. Louis [UNPUBLISHED] [Per Curiam - Before Bye, Colloton and Shepherd, Circuit Judges] Civil case - Employment discrimination. District court judgment against plaintiff on his employment discrimination claim is affirmed without comment.