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.