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.
141514P.pdf 06/26/2015 The Stonebridge Collection v. Keith Carmichael U.S. Court of Appeals Case No: 14-1514 and No: 14-1601 U.S. District Court for the Western District of Arkansas - Hot Springs [PUBLISHED] [Riley, Author, with Loken and Smith, Circuit Judges] Civil case - Fraud. Following Arkansas law, the district court did not err in determining defendants converted copies of certain customer files created by plaintiff; the district court did not clearly err in awarding damages based on defendants; unjust enrichment; since defendant Cutting Edge had unlimited access to the files plaintiff created for Cutting Edge's customers, the district court did not err in finding for Cutting Edge on plaintiff's claim that Cutting Edge had wrongfully converted the files; the district court did not err in finding plaintiff failed to establish the existence of a business expectancy under Arkansas law; the district court did not err in finding Cutting Edge fraudulently induced plaintiff to send sample knives while intending to use defendant TaylorMade as its engraver for any orders TaylorMade's customers made after seeing the samples; Arkansas's Deceptive Trade Practices Act does not apply to claims regarding business between a manufacturer and a distributor when consumers are not deceived or defrauded; plaintiff failed to prove its RICO claim; attorneys' fees award affirmed; remanded to permit the district court to correct a math error in the calculation of plaintiff's damages on the claim for unjust enrichment. 142159P.pdf 06/26/2015 Manny Lopez v. United States U.S. Court of Appeals Case No: 14-2159 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Murphy, Author, with Colloton and Kelly, Circuit Judges] Civil case - Federal Tort Claims Act. The district court did not err in entering judgment for the United States in this vehicular collision case based on its conclusion that the driver of the car in which plaintiff was riding had abruptly swerved and stopped in front of the Postal Services' mail truck, thereby depriving the truck's driver of the time and distance needed to avoid the collision. 143256P.pdf 06/26/2015 United States v. Jeffrey Charles Rodd U.S. Court of Appeals Case No: 14-3256 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Riley, Author, with Bright and Murphy, Circuit Judges] Criminal case - Sentencing. The district court did not err in imposing an enhancement under Guidelines Sec. 3B1.3 for abuse of a position of trust based on its reasoning that defendant's position as a self-employed investment advisor and host of a radio show called "Safe Money Radio" put him into a position of trust with his victims; no error in denying defendant a two-level acceptance-of-responsibility reduction where defendant stood trial and denied his guilt to the end, claiming he never lied or misrepresented the facts of the investments.