Missouri Lawyers Media Missouri legal news and public notices
Civil Practice
Fair Credit Reporting Act
Standing
Where appellant sought to dismiss claims that it committed three violations of the Fair Credit Reporting Act, the appellee lacked Article III standing to bring her FCRA claims, so the district court’s orders are vacated and remanded with instructions that the complaint be dismissed for lack of jurisdiction.
Vacated and remanded.
Schumacher v. SC Data Center, Inc. (MLW No. 78088/Case No. 19-3266 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Western District of Missouri, Laughrey, J. (Amy O. Bruchs, Madison, WI argued for appellant) (Jayson A. Watkins, Gower, MO argued for appellee).
https://ecf.ca8.uscourts.gov/opndir/22/04/193266P.pdf
Fair Labor Standards Act
Overtime Pay Provisions
Sovereign Immunity
Where university hospital employees sued the Iowa Board of Regents for alleged violations of the Fair Labor Standards Act’s overtime pay provisions, the district court found that the board constructively waived sovereign immunity from private enforcement of the act, and the matter is remanded for the court to consider whether the legal consequences of the university’s policies and agreements can be imputed to the board.
Judgment is affirmed in part; reversed in part; remanded.
Myers v. Iowa Board of Regents (MLW No. 78111/Case No. 20-2020 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, J.) Appealed from U.S. District Court, Southern District of Iowa, Rose, J. (Andrew T. Tice, Des Moines, IA argued for appellant) (Benjamin J. Weber, Boston, MA argued for appellee).
https://ecf.ca8.uscourts.gov/opndir/22/04/202020P.pdf
Federal Jurisdiction
Non-Diverse Party
Where in a dispute arising from the sale of a business and an alleged theft of trade secrets, the case was removed to federal court on the ground that the only non-diverse defendant was fraudulently joined, the case could remain in federal court because there was no viable claim against the non-diverse defendant, and the breach of contract, negligence and professional malpractice claims failed on the merits.
Judgment is affirmed.
Protégé Biomedical, LLC v. Duff & Phelps Securities, LLC (MLW No. 78092/Case No. 21-1368 – 13 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Minnesota.
https://ecf.ca8.uscourts.gov/opndir/22/04/211368U.pdf
Civil Rights
Inmate Action
Failure To Exhaust
Where an inmate appealed after the dismissal of his claims and the adverse grant of summary judgment, the judgment is affirmed based on the failure to exhaust administrative remedies.
Judgment is affirmed.
Featherston v. Lewis (MLW No. 78085/Case No. 21-3754 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas.
https://ecf.ca8.uscourts.gov/opndir/22/03/213754U.pdf
Constitutional Law
COVID-19 Restrictions
Residential Eviction Moratorium
Takings Clause
Where property owners challenged executive orders mandating a statewide residential eviction moratorium issued by the Minnesota governor, the district court’s grant of the governor’s motion to dismiss is reversed and remanded because the plaintiffs plausibly pled constitutional claims under the contract clause and the takings clause.
Judgment is reversed and remanded.
Heights Apartments, LLC v. Walz (MLW No. 78115Case No. 21-1278 – 21 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, District of Minnesota, Brasel, J. (Michael Kemp, Roseville, MN argued for appellant) (Michael P. Goodwin, St. Paul, MN argued for appellee).
https://ecf.ca8.uscourts.gov/opndir/22/04/211278P.pdf
Criminal Law
Drug Conspiracy
Sale Evidence
Where a defendant challenged his conviction for conspiring to sell methamphetamine, the district court did not abuse its discretion by admitting evidence of the defendant’s pre-conspiracy sale to an undercover officer because the evidence was close in time, identical in nature and directly relevant, and the evidence was also sufficient to support the conviction, so the judgment is affirmed.
Judgment is affirmed.
U.S. v. Ferguson (MLW No. 78091/Case No. 21-1164 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, District of Nebraska, Gerrard, J. (Douglas L. Kerns, Lincoln, NE argued for appellant) (Sara E. Fullerton, Lincoln, NE argued for appellee).
https://ecf.ca8.uscourts.gov/opndir/22/04/211164P.pdf
Seizure
Reasonable Suspicion
Inventory Search
Where a defendant argued that the vehicle he was driving was impermissibly seized and illegally impounded, the magistrate judge properly applied the reasonable suspicion standard to find that the seizure was proper under the totality of circumstances, and the trooper’s decision to impound the car was guided by policy and based on something other than the suspicion of criminal activity, so the judgment is affirmed because the defendant’s challenges to the inventory search and the drug dog sniff also failed.
Judgment is affirmed.
U.S. v. Perez (MLW No. 78087/Case No. 21-1191 – 19 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, District of North Dakota, Welte, J. (Kiara Kraus-Parr, Grand Forks, ND argued for appellant) (Megan A. Healy, Fargo, ND argued for appellee).
https://ecf.ca8.uscourts.gov/opndir/22/04/211191P.pdf
Sentencing
Appeal Waiver
Where a defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm, the defendant’s plea agreement included an appeal waiver that was valid, enforceable and applicable to the issue raised in the appeal, so the appeal is dismissed.
Appeal is dismissed.
U.S. v. Quinn (MLW No. 78096/Case No. 21-3041 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri.
https://ecf.ca8.uscourts.gov/opndir/22/04/213041U.pdf
Sentencing
Appeal Waiver
Where a defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm, the defendant’s plea agreement included an appeal waiver that was valid, enforceable and applicable to the issue raised in the appeal, so the appeal is dismissed.
Appeal is dismissed.
U.S. v. Turnage (MLW No. 78097/Case No. 21-3397 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri.
https://ecf.ca8.uscourts.gov/opndir/22/04/213397U.pdf
Sentencing
Armed Career Criminal
Where a defendant appealed his sentence after pleading guilty to a firearm offense, the district court did not err in concluding that the defendant had at least three qualifying predicate offenses for sentencing as an armed career criminal.
Judgment is affirmed.
U.S. v. Scott (MLW No. 78095/Case No. 21-2336 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri.
https://ecf.ca8.uscourts.gov/opndir/22/04/212336U.pdf
Sentencing
Criminal History Score
Burglary Conviction
Where a defendant challenged his sentence after pleading guilty to being a felon in possession of a firearm, even if the district court erred by including a burglary conviction in his criminal history score, any error was harmless, and the judgment is affirmed because the sentence was substantively reasonable.
Judgment is affirmed.
U.S. v. Luke (MLW No. 78083/Case No. 20-3680 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas.
https://ecf.ca8.uscourts.gov/opndir/22/03/203680U.pdf
Sentencing
Presentence Report
Disputed Allegations
Where a defendant challenged an above-guidelines sentence, the district court erroneously relied on disputed allegations in the presentence report, so the matter is vacated and remanded.
Vacated; remanded.
U.S. v. Ross (MLW No. 78117/Case No. 21-2299 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas.
https://ecf.ca8.uscourts.gov/opndir/22/04/212299U.pdf
Sentencing
Reduction
Where defendant challenged his sentence based on Amendments 706, 750 and 782, the district court did not err in denying a sentence reduction.
Judgment is affirmed.
U.S. v. Birdine (MLW No.78116/Case No. 21-1417 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska.
https://ecf.ca8.uscourts.gov/opndir/22/04/211417U.pdf
Sentencing
Substantive Reasonableness
Where defendant challenged a sentence received after he violated the conditions of supervised release, the sentence was substantively reasonable.
Judgment is affirmed.
U.S. v. Contreras-Delgado (MLW No. 78119/Case No. 21-4026 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa.
https://ecf.ca8.uscourts.gov/opndir/22/04/214026U.pdf
Sentencing
Substantive Reasonableness
Where a defendant challenged the sentence imposed after he pled guilty in a child pornography case, the sentence was not substantively unreasonable, and the judgment is affirmed.
Judgment is affirmed.
U.S. v. Monahan (MLW No.78099/Case No. 21-3611 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa.
https://ecf.ca8.uscourts.gov/opndir/22/04/213611U.pdf
Sentencing
Substantive Reasonableness
Where a defendant who pled guilty to being a felon in possession of a firearm challenged his sentence, the sentence was not substantively unreasonable under the totality of the circumstances.
Judgment is affirmed.
U.S. v. Wenger (MLW No.78114/Case No. 21-1178 – 6 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Arkansas.
https://ecf.ca8.uscourts.gov/opndir/22/04/211178U.pdf
Sentencing
Supervised Release
Life Term
Where a defendant challenged the sentence imposed after he pled guilty to a child pornography offense, the district court did not plainly err by imposing a life term of supervised release.
Judgment is affirmed.
U.S. v. Goins (MLW No. 78098/Case No. 21-3528 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri.
https://ecf.ca8.uscourts.gov/opndir/22/04/213528U.pdf
Sentencing
Upward Variance
Where a defendant challenged his sentence after pleading guilty to charges including the embezzlement of bank funds, the district court adequately explained its reasons for varying upward and the variance was supported by the serious nature of the crime, and the court also explained that it considered the defendant’s intellectual disability before making the sentencing decision.
Judgment is affirmed.
U.S. v. Ross (MLW No. 78094/Case No. 21-1578 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Eastern District of Missouri, Sippel, J. (Beverly Beimdiek, St. Louis, MO argued for appellant) (Allison Hart Behrens, St. Louis, MO argued for appellee).
https://ecf.ca8.uscourts.gov/opndir/22/04/211578P.pdf
Supervised Release
Revocation
Where a defendant challenged the revocation of her supervised release and the imposition of a 72-month sentence and one-year supervised release, the sentence was not substantively unreasonable.
Judgment is affirmed.
U.S. v. Shephard (MLW No. 78093/Case No. 21-1528 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri.
https://ecf.ca8.uscourts.gov/opndir/22/04/211528U.pdf
Threat To President
Sufficiency Of Evidence
Where a defendant challenged his conviction for making a threat against then-President Trump, it was within the jury’s discretion to credit the testimony of medical providers as well as the statements from the defendant’s medical records, and the evidence was sufficient for the jury to find that a “true threat” was made.
Judgment is affirmed.
U.S. v. Cessor (MLW No. 78112/Case No. 20-3296 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, District of Nebraska, Rossiter Jr., J. (Karen Marie Shanahan, Omaha, NE argued for appellant) (Jody Mullis, Omaha, NE argued for appellee).
https://ecf.ca8.uscourts.gov/opndir/22/04/203296P.pdf
Employer – Employee
Gender Discrimination
Reassignment
Adverse Action
Where a police sergeant brought claims of gender discrimination and retaliation against her employer after she was reassigned, the district court did not err in finding that the plaintiff had not suffered an adverse employment action since there was no proof of harm presented, and she also failed to establish a prima facie case of retaliation, so the judgment for the defendants is affirmed.
Judgment is affirmed.
Muldrow v. City of St. Louis (MLW No. 78090/Case No. 20-2975 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, Eastern District of Missouri, Fleissig, J. (Megen Ilene Hoffman, St. Louis, MO argued for appellant; Richard Andrew Barry III appeared on the brief) (Sheena Hamilton, St. Louis, MO argued for appellee; Alexis Lee Silsbe and Korey Lewis appeared on the brief).
https://ecf.ca8.uscourts.gov/opndir/22/04/202975P.pdf
Immigration
Asylum
Past Harm
Where petitioners from Mexico sought asylum, the agency did not err in determining that the petitioners were not entitled to asylum because they had not presented evidence of past harm rising to the level of persecution, and they also did not show a well-founded fear of future persecution, and the motion to reopen was properly denied.
Petitions denied.
Arreguin v. Garland (MLW No. 78089/Case No. 20-2431 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Petition for review of orders of the Board of Immigration Appeals. (Kelly Marie Hewitt, Shawnee, KS argued for petitioners) (Marie Vanderbilt Robinson, Washington, D.C. argued for respondent).
https://ecf.ca8.uscourts.gov/opndir/22/04/202431P.pdf
Convention Against Torture
Red Notices
Where three petitioners from Bolivia sought review of the denial of the claim for protection under the Convention Against Torture, the rescission of red notices issued on the petitioners did not require a remand since the decision did not offer an opinion on the merits of the Bolivian criminal proceedings against them, and the red notices were not a material factor in the immigration judge’s decision to deny their CAT claims, and adverse credibility determinations were supported by material evidence, so the petition is denied.
Petition denied.
Gonzales v. Garland (MLW No. 78086/Case No. 20-2964 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Petition for review of an order of the Board of Immigration Appeals. (David L. Wilson, Minneapolis, MN argued for petitioner) (Remi da Rocha-Afodu, Washington, D.C. argued for respondent).
https://ecf.ca8.uscourts.gov/opndir/22/04/202964P.pdf
Removal
Credibility Determination
Where a petitioner sought review of a decision denying his application for deferral of removal under the Convention Against Torture, the petitioner did not show that the board erred by declining to review the immigration judge’s adverse credibility determination, and the petition is denied.
Petition denied.
Jama v. Garland (MLW No. 78084/Case No. 21-1585 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Petition for review of an order of the Board of Immigration Appeals. (Oliver James Richards, San Diego, CA argued for petitioner) (Gregory A. Pennington Jr., Washington, D.C. argued for respondent).
https://ecf.ca8.uscourts.gov/opndir/22/03/211585P.pdf
Insurance Law
Lost Business Income
Denial of Coverage
COVID-19 Pandemic
Where appellant synagogue challenged the dismissal of its diversity action raising claims under Missouri state law based on its insurer’s denial of coverage for lost business income caused by the COVID-19 pandemic, the district court did not err in finding that the appellant’s argument that pandemic-related closure constituted a direct physical loss of property was foreclosed by precedent.
Judgment is affirmed.
United Hebrew Congregation of St. Louis v. Selective Insurance Company of America (MLW No. 78118/Case No. 21-2752 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri.
https://ecf.ca8.uscourts.gov/opndir/22/04/212752U.pdf
Negligence
Fraternity Defendant
Reasonably Foreseeable
Where a woman, who was attacked by a drunk fraternity member, sued the fraternity and entities and individuals associated with it, the plaintiff’s amended complaint failed to adequately allege under Nebraska law that her injuries were foreseeable results of the defendants’ alleged breach and that the assault was not an efficient intervening cause, and the vicarious liability and alter ego liability claims also failed, and the judgment dismissing the claims is affirmed since the plaintiff’s claim that the defendants were liable as social hosts also failed because the law only covered the negligence of a minor whereas here the fraternity member pled guilty to a criminal act, which could only be committed intentionally and knowingly.
Judgment is affirmed.
Spagna v. Phi Kappa Psi, Inc. (MLW No. 78113/Case No. 20-3697 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, District of Nebraska, Buescher, J. (Matthew A. Lathrop, Omaha, NE argued for appellant) (Dana Livingston, Austin, TX argued for appellee).
https://ecf.ca8.uscourts.gov/opndir/22/04/203697P.pdf
