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.
153765P.pdf   04/28/2017  Shelby County Health Care Corp  v.  Southern Farm Bureau Casualty
   U.S. Court of Appeals Case No:  15-3765
   U.S. District Court for the Eastern District of Arkansas - Jonesboro    
   [PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges] 
   Civil case - Hospital lien. For the court's prior opinion in the matter, 
   see Shelby Cty. Health Care Corp. v. S. Farm Bureau Cas. Ins. Co., 798 
   F.3d 686 (8th Cir. 2015). Plaintiff brought this claim against the 
   defendants who had settled a wrongful death claim without assigning any of 
   the recovery to pay the medical expenses the deceased incurred with 
   plaintiff; held,the district court erred in finding the claim for 
   impairment of plaintiff's lien was barred by the Rooker-Feldman doctrine; 
   the court erred in finding Arkansas courts would apply Arkansas law under 
   its choice-of-law rules, as Tennessee law applies to this action seeking 
   relief for impairment of a lien; reversed and remanded for further 
   proceedings. Judge Shepherd, dissenting. 
  
161069P.pdf   04/28/2017  Martinizing International, LLC  v.  BC Cleaners, LLC
   U.S. Court of Appeals Case No:  16-1069
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Loken, Author, with Murphy and Kelly, Circuit Judges] 
   Civil case - Trademarks. Plaintiff failed to prove BC willfully infringed 
   plaintiff's trademarks,and the district court erred in awarding damages, 
   an accounting for profits and attorneys' fees; the court also erred in 
   granting default judgment against BC's member-managers as plaintiff had 
   failed to show it was entitled to monetary remedies against BC. The 
   district court did not err in enjoining BC from using plaintiff's 
   trademark. Affirmed in part, reversed in part and remanded with directions 
   concerning the entry of an amended judgment. 
  
161113U.pdf   04/28/2017  Juan  Jacinto-Vazquez  v.  Loretta E. Lynch
   U.S. Court of Appeals Case No:  16-1113
   Petition for Review of an Order of the Board of Immigration Appeals    
   [UNPUBLISHED] [Per Curiam - Before Colloton, Bowman and Kelly, Circuit 
   Judges] 
   Petition for Review - Immigration. Petitioner failed to establish a clear 
   probability that his life or freedom would be threatened in Mexico because 
   of his membership in a particular social group; the denial of CAT relief 
   is affirmed without further comment. 
  
161931P.pdf   04/28/2017  Paul Scott  v.  Nancy A. Berryhill
   U.S. Court of Appeals Case No:  16-1931
   U.S. District Court for the Eastern District of Arkansas - Batesville    
   [PUBLISHED] [Gruender, Author, with Colloton and Kelly, Circuit Judges] 
   Civil case - Social Security. Substantial evidence supported the ALJ's 
   determination that claimant did not meet or equal Listing 12.05C; the 
   questions the ALJ posed to the vocational expert accounted for claimant's 
   limitations in concentration, persistence and pace of work; substantial 
   evidence supported the denial of benefits, and the denial is affirmed. 
   Judge Kelly, dissenting. 
  
162015P.pdf   04/28/2017  Erin Caligiuri  v.  Symantec Corp.
   U.S. Court of Appeals Case No:  16-2015
                          and No:  16-2113
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Gruender, Author, with Murphy and Kelly, Circuit Judges] 
   Civil case - Class Actions. In class action alleging defendant failed to 
   disclose free alternatives to re-download Norton ant-virus software, the 
   district court approved a settlement for the consumer class under which 
   defendant would pay $60 million into the total settlement fund; the 
   district court did not have to wait for a final accounting of 
   administrative costs before approving the settlement and it did not err in 
   approving the settlement based on the settlement administrator's estimate 
   of the costs and the amount each class member would receive; in 
   determining the amount of attorneys' fees, the district court did not 
   abuse its discretion by using the percentage-of-the-benefit method or by 
   awarding the attorneys one-third of the total settlement fund; Electronic 
   Frontier Foundation, a global nonprofit dedicated to defending consumer 
   liberties in a digital world, was an appropriate cy pres recipient and the 
   terms of the award which provide that any minimal remaining funds be 
   distributed to the Foundation was not an abuse of the court's discretion; 
   service award of $10,000 to two named plaintiffs was not an abuse of the 
   court's discretion. 
  
162279P.pdf   04/28/2017  Christopher Bahtuoh  v.  Michelle Smith
   U.S. Court of Appeals Case No:  16-2279
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Murphy, Author, with Loken and Benton, Circuit Judges] 
   Prisoner case - Habeas. The Minnesota court's did not err in determining 
   counsel did not render ineffective assistance of counsel by advising 
   Bahtuoh not to testify after the close of the government's case where he 
   had told the jury in his opening argument that Bahtuoh would testify on 
   his own behalf; the Minnesota Supreme Court's determination that the 
   change in strategy was reasonable based on unexpected developments during 
   the government's case was not contrary to or an unreasonable 
   interpretation of federal law; nor was the Minnesota Supreme Court's 
   decision based on an unreasonable determination of the facts. 
  
162846P.pdf   04/28/2017  Hudson Enterprises, Inc.  v.  Certain Underwriters, etc.
   U.S. Court of Appeals Case No:  16-2846
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Murphy, Author, with Gruender and Kelly, Circuit Judges] 
   Civil case - Insurance. The district court did not abuse its discretion by 
   denying plaintiffs' motion to strike defendant's expert's report as the 
   expert was disclosed on a timely basis and the report was disclosed within 
   a few day of the date defendant received it; the term "flood" in the 
   underlying insurance contract was unambiguous, and the damage to 
   plaintiffs' docks was directly or indirectly caused by a flood on the 
   Little Maumelle River. 
  
163208U.pdf   04/28/2017  United States  v.  Makayla Kills In Water
   U.S. Court of Appeals Case No:  16-3208
   U.S. District Court for the District of South Dakota - Aberdeen    
   [UNPUBLISHED] [Per Curiam - Before Gruender, Murphy and Kelly, Circuit 
   Judges] 
   Criminal case - Criminal law. Defendant's plea agreement repeatedly stated 
   that it was entered under Rule 11(c)(1)(B) and that the court could accept 
   the plea and reject the plea agreement's sentencing recommendation; the 
   court was not bound by the parties' sentencing agreement and retained the 
   authority to impose a greater sentence. 
  
163544U.pdf   04/28/2017  United States  v.  Jorge Gonzalez
   U.S. Court of Appeals Case No:  16-3544
   U.S. District Court for the Western District of Arkansas - Fayetteville    
   [UNPUBLISHED] [Per Curiam - Before Riley, Murphy and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. Anders case. Defendant's sentence was not 
   substantively unreasonable. 
  
163546U.pdf   04/28/2017  United States  v.  Javier Garcia-Hernandez
   U.S. Court of Appeals Case No:  16-3546
   U.S. District Court for the District of South Dakota - Sioux Falls    
   [UNPUBLISHED] [Per Curiam - Before Riley, Murphy and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. Anders case. Defendant's sentence was not 
   substantively unreasoanble. 
  
163590U.pdf   04/28/2017  United States  v.  Brandon Rubio
   U.S. Court of Appeals Case No:  16-3590
   U.S. District Court for the Western District of Missouri - Springfield    
   [UNPUBLISHED] [Per Curiam - Before Colloton, Bowman and Kelly, Circuit 
   Judges] 
   Criminal case - Criminal law. Anders case. Defendant knowingly and 
   voluntarily entered into the appeal waiver in his guilty plea, and the 
   court will enforce the waiver and dismiss the appeal. 
  
171012U.pdf   04/28/2017  United States  v.  Jesse Garcia
   U.S. Court of Appeals Case No:  17-1012
   U.S. District Court for the District of Minnesota - St. Paul    
   [UNPUBLISHED] [Per Curiam - Before Loken, Benton and Kelly, Circuit 
   Judges] 
   Criminal case - Criminal law. Defendant's jurisdictional challenge to the 
   district court's jurisdiction in this criminal matter, based on his claim 
   that he is a "private, sovereign, flesh and blood man" rejected, and the 
   district court's judgment is summarily affirmed.