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.
133581P.pdf 05/21/2015 James Marshall v. National Football League U.S. Court of Appeals Case No: 13-3581 and No: 13-3582 and No: 13-3666 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Bye, Author, with Smith and Kelly, Circuit Judges] Civil case - Sports law. In this class-action, nearly 25,000 former NFL players sued the NFL alleging that NFL Films, the commercial film-making wing of the league, had used their likenesses in a variety of videos in violation of their publicity rights; following extensive negotiations, the parties reached a settlement which creates a licensing agency to assist former players in marketing their publicity rights and establishes up to a $42 million payout to members of the class. Here, six former players challenged the settlement on the grounds that it did not provide for direct payouts to former players and was not fair, reasonable and adequate. Held, the district court did not abuse its discretion in approving the settlement as it provides a direct benefit to all class members and was fair and reasonable considering the complexity and expense of further litigation, the limited amount of opposition and the merits of the plaintiffs' case. Judge Smith, concurring. 141882P.pdf 05/21/2015 Zup's of Babbitt-Aurora, Inc. v. West Bend Mutual Insurance Co. U.S. Court of Appeals Case No: 14-1882 and No: 14-1950 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Gruender, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Insurer. In an action to determine which insurer was responsible for the insured's lost income following a fire which destroyed its store and adjacent shopping mall, applying either the "closeness to the risk" test or the "total policy insuring intent" test, Security National's coverage of lost income from the supermarket was the primary coverage and West Bend only had liability if Security National's coverage was exhausted; since it is undisputed that Security's coverage was not exhausted, Security was responsible for the insure's lost supermarket income. 142084U.pdf 05/21/2015 Teresa Bloodman v. Dr. Tom Kimbrell U.S. Court of Appeals Case No: 14-2084 U.S. District Court for the Eastern District of Arkansas - Little Rock [UNPUBLISHED] [Per Curiam - Before Smith, Bowman and Shepherd, Circuit Judges] Civil case - School law. Challenges to discovery rulings rejected; district court's dismissal order affirmed, but modified to be without prejudice. 143661U.pdf 05/21/2015 Lin Gao v. YMCA of Greater St. Louis U.S. Court of Appeals Case No: 14-3661 U.S. District Court for the Eastern District of Missouri - St. Louis [UNPUBLISHED] [Per Curiam - Before Shepherd, Bye and Kelly, Circuit Judges] Civil case - Employment discrimination. Dismissal of plaintiff's claims affirmed without comment. 151002U.pdf 05/21/2015 LaRonda Phox v. NCO Financial Systems U.S. Court of Appeals Case No: 15-1002 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Civil case - Fair Credit Reporting Act and Fair Debt Collection Practices Act. Defendant's summary judgment affirmed without comment. 151162U.pdf 05/21/2015 United States v. Ontario Rush-Richardson U.S. Court of Appeals Case No: 15-1162 U.S. District Court for the Southern District of Iowa - Davenport [UNPUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Murphy and Colloton, Circuit Judges] Criminal case - Sentencing. District court did not err in sua sponte denying defendant a sentence reduction without giving defendant notice or a hearing as proceedings under 18 U.S.C. Sec. 3582(c)(2) do not implicate a constitutionally protected liberty interest and the court gave enough of an explanation to permit meaningful appellate review. 151341U.pdf 05/21/2015 Michael Douglas v. Shelley Maroney U.S. Court of Appeals Case No: 15-1341 U.S. District Court for the Eastern District of Arkansas - Pine Bluff [UNPUBLISHED] [Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Prisoner case - Prisoner civil rights. Dismissal affirmed without comment.