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.
151629P.pdf 08/19/2016 John Galloway v. The Kansas City Landsmen, LLC U.S. Court of Appeals Case No: 15-1629 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Benton, Circuit Judge] Civil case - Fair and Accurate Credit Transactions Act. This class action was settled by the issuance of coupons and the award of attorneys' fees was governed by the provisions of Section 1712 of the Act; while the district court erred by following the Ninth Circuit's case of In re HP Inkjet Priner Litig., 716 F.3d 1173 (9th Cir. 2013), which follows a mandatory approach in applying Section 1712(a)-(c), without explicitly stating that the award of attorneys' fees was based on an exercise of the court's discretion to determine a reasonable attorney fee, the plaintiffs do not argue that the award was an abuse of the court's discretion; the Court's own review of the record establishes that any award greater than that made would be unreasonable in light of class counsel's success in obtaining value for the class and any error the district court may have made is harmless. 152415P.pdf 08/19/2016 Craig Schultz v. Verizon Wireless Services, LLC U.S. Court of Appeals Case No: 15-2415 U.S. District Court for the Northern District of Iowa, Waterloo [PUBLISHED] [Loken, Author, with Wollman and Benton, Circuit Judges] Civil case. The district court did not err in determining, based on this record, that the parties had not reached an enforceable settlement; the district court did not err in finding plaintiff had agreed to arbitrate the dispute, and its order compelling arbitration and dismissing the action is affirmed. 152800P.pdf 08/19/2016 United States v. Lona Lee Colhoff U.S. Court of Appeals Case No: 15-2800 U.S. District Court for the District of South Dakota - Rapid City [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Kelly, District Judge] Criminal case - Criminal law. Defendant's witness tampering and conspiracy charges were interrelated and were properly joined; evidence was sufficient to support defendant's conviction for witness tampering; the context in the case supports a conclusion that defendant's statement to a government witness - "Snitches get stiches - would reasonably cause someone in the witness's position to fear bodily harm and the statement was a true threat and was not protected by the First Amendment. 152861P.pdf 08/19/2016 Decker Plastics Inc. v. West Bend Mutual Insurance Co. U.S. Court of Appeals Case No: 15-2861 U.S. District Court for the Southern District of Iowa - Council Bluffs [PUBLISHED] [Per Curiam - Before Loken, Bye and Kelly, Circuit Judges] Civil case - Insurance. Decker was sued after the bags it sold to a customer disintegrated because the bags did not contain a UV inhibitor; the matter was settled, and Decker sought to recover under its insurance policy; the unexpected deterioration of the bags was a covered occurrence, and the district court erred in ruling there was no occurrence which would trigger coverage under the policy; reversed and remanded for further proceedings. 152917P.pdf 08/19/2016 Loren Noreen v. PharMerica Corporation U.S. Court of Appeals Case No: 15-2917 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Kelly, Circuit Judge] Civil case - Employment discrimination. Without any evidence of any inconsistent practice or manipulation directed at plaintiff, there is insufficient evidence to infer age discrimination from the defendant's repeated failure to follow its written policy guidelines concerning evaluating employees for a reduction in force; plaintiff's statistical evidence did not support an inference that age discrimination was a motivating factor in his termination as part of a reduction in force; defendant's summary judgment is affirmed. 153075P.pdf 08/19/2016 Basim Sabri v. Whittier Alliance U.S. Court of Appeals Case No: 15-3075 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Murphy, Author, with Bright and Shepherd, Circuit Judges] Civil case - Civil rights. In action by members of the Alliance claiming the City of Minneapolis and the Alliance had adopted policies designed to deprive them of their First Amendment rights, the plaintiffs had standing to challenge the antidefamation bylaw passed by the Alliance as it restricted their ability as members of the Alliance to vote for Board candidates of their choice; further, their injury can be traced to the objected-to bylaw and could be redressed by the relief they seek; however, the adoption of the bylaws did not amount to state action as the City's recommendation to amend the bylaws was not coercive and the Alliance's receipt of public funds did not convert private actions by the Alliance into state action. Judge Shepherd concurring in part and dissenting in part.