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.
153872P.pdf   08/17/2017  Jo Ann Howard and Associates  v.  National City Bank
   U.S. Court of Appeals Case No:  15-3872
                          and No:  15-3878
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges] 
   Civil case - Trusts. In action alleging Allegiant Bank, PNC's predecessor, 
   breached its fiduciary duties as trustee of pre-need funeral deposits, was 
   negligent and aided and abetted fraud and breach of fiduciary duty, the 
   district court erred in determining the claims arose under tort law and 
   were actionable at law; plaintiffs brought a trust-law claim in equity 
   that should have been tried to the court; the beneficiaries of the trust 
   were National Prearranged Services, Missouri consumers and funeral homes 
   that were to provide services to the consumers; the measure of damages for 
   the trust claim is defined by Section 205 of the Restatement (Second) of 
   Trusts; the district court did not err in dismissing plaintiffs' claims 
   for aiding and abetting in tort; although the court erred in allowing the 
   case to be tried to a jury on a tort-law theory, the court is not required 
   to retry the matter in its entirety as it is familiar with the evidence 
   and may proceed on the existing trial record as it sees fit, with receipt 
   of any additional evidence the court finds appropriate. 
  
161564P.pdf   08/17/2017  Arnold Fleck  v.  Joe Wetch
   U.S. Court of Appeals Case No:  16-1564
   U.S. District Court for the District of North Dakota - Bismarck    
   [PUBLISHED] [Loken, Author, with Colloton and Kelly, Circuit Judges] 
   Civil case - Constitutional law. In an action by a member of the State Bar 
   Association of North Dakota alleging the Association's opt-out procedure 
   violates his right to affirmatively consent before subsidizing non-germane 
   expenditures, the district court did not err finding the Association had 
   implemented constitutionally adequate procedures to protect the First 
   Amendment rights of North Dakota attorneys who oppose a non-germane 
   expenditure; in response to this suit, the Association adopted revised 
   policies and the revised license fee statement adequately disclosed a 
   member's option not to fund non-germane expenditures and gives the 
   attorney the ability to make a deduction and submit a lower payment; if 
   the attorney does not choose the Kelller v. State Bar of California, 496 
   U.S. 1 (1990) deduction, the attorney opts in to subsidizing the 
   non-germane expenses by the affirmative act of writing a check for the 
   greater amount, and the revised procedures comply with Keller and Chicago 
   Teachers Union v. Hudson, 475 U.S. 292 (1986). 
  
161793P.pdf   08/17/2017  Richard Torti, Sr.  v.  John Hancock Life Insurance Co
   U.S. Court of Appeals Case No:  16-1793
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Kelly, Author, with Colloton and Gruender, Circuit Judges] 
   Civil case - Insurance. Loan forms the trustee relied on to support a 
   breach of contract claim against the insurer were not part of the parties' 
   contract; nor did trustee establish that the insurer was on notice of the 
   loan agreement and breached its duty of good faith by failing to properly 
   administer the policy; the insurer did not have a duty to ensure that loan 
   proceeds reached the correct recipient and, in the absence of such a duty, 
   the trustee's negligence claim fails. 
  
161836P.pdf   08/17/2017  United States  v.  Jerry Gater
   U.S. Court of Appeals Case No:  16-1836
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau    
   [PUBLISHED] [Colloton, Author, with Beam and Benton, Circuit Judges] 
   Criminal case - Criminal law. The district court did not err in denying 
   defendant's request for a Franks hearing as defendant did not produce any 
   evidence to support his claim that the officer who supplied the search 
   warrant affidavit intended to omit facts to make the affidavit misleading 
   or that he omitted facts in reckless disregard of the fact that the 
   omissions would mislead; the facts that the source had a history of drug 
   use or compensation did not establish that the source's information is 
   unreliable. 
  
161968P.pdf   08/17/2017  Ritchie Capital Management LLC  v.  BMO Harris Bank, N.A.
   U.S. Court of Appeals Case No:  16-1968
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Colloton, Author, with Loken and Kelly, Circuit Judges] 
   Civil case - Fraud. In action alleging fraud in connection with the Thomas 
   Petters Ponzi scheme, the district court did not err in abstaining based 
   on its conclusion that the action was duplicative of those ongoing in 
   pending bankruptcy proceedings; while the district court was within its 
   discretion to abstain, it should have stayed the claims rather than 
   dismiss them as the two cases were not identical actions involving 
   identical parties. 
  
163640U.pdf   08/17/2017  United States  v.  Miklos Dates
   U.S. Court of Appeals Case No:  16-3640
   U.S. District Court for the District of Minnesota - St. Paul    
   [UNPUBLISHED] [Per Curiam - Before Smith, Chief Judge, and Colloton and 
   Kelly, Circuit Judges] 
   Criminal case - Sentencing. The district court thoughtfully considered the 
   3553(a) factors and did not abuse its discretion by giving greater weight 
   to the nature and circumstances of the offense and the need for deterrence 
   than it did to the mitigating factors in defendant's personal history. 
  
164215U.pdf   08/17/2017  United States  v.  Said Ali
   U.S. Court of Appeals Case No:  16-4215
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [UNPUBLISHED] [Per Curiam - Before Loken, Gruender and Shepherd, Circuit 
   Judges] 
   Criminal case - Criminal law. Anders case. Defendant's appeal waiver is 
   enforced, and the appeal is dismissed. 
  
171429U.pdf   08/17/2017  Tyrone Ellis  v.  Aric Simmons
   U.S. Court of Appeals Case No:  17-1429
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff    
   [UNPUBLISHED] [Per Curiam - Before Loken, Gruender and Shepherd, Circuit 
   Judges] 
   Prisoner case - Prisoner civil rights. Defendant's summary judgment on 
   plaintiff's deliberate indifference to serious medical needs claims is 
   affirmed without comment.