OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Monday September 01, 2014 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 08/29/2014 ]  
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.
111232P.pdf  08/29/2014  United States  v.  Abby Rae Cole
   U.S. Court of Appeals Case No:   11-1232
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Shepherd, Author, with Murphy and Bye, Circuit Judges] Criminal case - Sentencing. For the court's prior opinion in the matter, see United States v. Cole, 721 F.3d 1016) (8th Cir. 2013). On remand, the district court provided an adequate explanation for its decision to grant a downward variance and sentence defendant to probation; sentence was substantively reasonable.
123754P.pdf  08/29/2014  United States  v.  Jeffrey Cole Bennett
   U.S. Court of Appeals Case No:   12-3754
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Gruender, Author, with Loken and Beam, Circuit Judges] Criminal case - Criminal law. In fraud schemes in which defendant Clayton paid defendants Bennett and Hogeland for services never provided Clayton's employer or paid kickbacks for business opportunities, the convictions against Clayton must be vacated in light of his death while the appeal was pending; with respect to defendant Bennett's appeal, the district court did not err in denying his motions to dismiss the mail-fraud and mail-fraud-conspiracy counts on statute of limitations grounds; the evidence was sufficient to support Bennett's conviction on the mail fraud charge; Alleyne challenge to Bennett's sentence rejected as the facts found by the district court did not alter the statutory maximum or minimum sentence he faced; Clayton's death does not require reversal of Bennett's convictions; no err in denying Hogeland's motion to sever her trial from Clayton and Bennett's. Judge Beam, concurring in part and dissenting in part.
131026P.pdf  08/29/2014  Michael Reed  v.  Malone's Mechanical, Inc.
   U.S. Court of Appeals Case No:   13-1026
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
[PUBLISHED] [Kelly, Author, with Wollman and Loken, Circuit Judges] Civil case - Personal injury. Challenges to jury instructions rejected; district court did not abuse its discretion by commenting on one instruction; no error in admitting evidence regarding other contractors doing similar work on the premises and the safety measures they took while performing overhead work; reasonable minds could disagree as to whether the project consulting manager had a duty to plaintiff or defendant prior to or on the day of the accident, and the district court did not err in denying plaintiff's motion for judgment as a matter of law that the project manager owed no duty.
131654P.pdf  08/29/2014  USA ex rel Susan Thayer  v.  Planned Parenthood
   U.S. Court of Appeals Case No:   13-1654
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Wollman, Author, with Colloton and Gruender, Circuit Judges] Civil case - False Claims Act. In qui tam action alleging Planned Parenthood submitted false or fraudulent claims for Medicaid reimbursement, the district court erred in dismissing certain of plaintiff's claims as she had pled sufficiently particularized facts to support her allegations that defendant violated the False Claims Act by filing claims for (1) unnecessary quantities of birth control pills, (2) birth control bills dispensed without a prescription, (3) abortion-related services, and (4) the full amount of services where a portion or all of the charges had been paid by "'donations' Planned Parenthood coerced from patients;" however, plaintiff's allegations that Planned Parenthood violated the Act by causing other hospitals to unknowingly submit claims for abortion-related services and by upcoding were not sufficiently pled to satisfy Rule 9(b) and were properly dismissed; the courts' decision that certain claims were sufficiently pled to meet Rule 9(b)'s requirements should not be read as in any way expressing a view as to whether they survive Planned Parenthood's Rule 12(b)(6) arguments, which the district court did not address in light of its ruling that the complaint was insufficient under Rule 9(b).
141079U.pdf  08/29/2014  Santiago Alonso-Guico  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:   14-1079
   Petition for Review of an Order of the Board of Immigration Appeals   
[UNPUBLISHED] [Per Curiam - Before Bye, Smith and Kelly, Circuit Judges] Petition for Review - Immigration. Omaha Immigration Court. The decision to deny withholding of removal was supported by substantial evidence, and the petition for review is denied.
141248U.pdf  08/29/2014  Georgina Stephens  v.  Federal National Mortgage
   U.S. Court of Appeals Case No:   14-1248
   U.S. District Court for the District of Minnesota - Minneapolis   
[UNPUBLISHED] [Per Curiam - Before Wollman, Gruender and Shepherd, Circuit Judges] Civil case - Foreclosure. Case was properly removed to federal court based upon diversity jurisdiction; the district court did not err in dismissing plaintiffs' claims.
141410U.pdf  08/29/2014  Carl Turner  v.  Ray Hobbs
   U.S. Court of Appeals Case No:   14-1410
   U.S. District Court for the Eastern District of Arkansas - Helena   
[UNPUBLISHED] [Per Curiam - Before Wollman, Gruender and Shepherd, Circuit Judges] Prisoner case - Prisoner civil rights. District court did not err in granting defendants summary judgment on plaintiff's Section 1983 claims.