Meyer v. Smith d/b/a Fresh Air (MLW No. 59943 – 3 pages) (Missouri Court of Appeals, Eastern District, Norton, J.) Where a party appealing a directed verdict failed to provide the trial transcript, the appellate court is unable to determine ...
Read More »Labor Relations: Fair Representation – Settlement Funds
Thompson, et al. v. United Transportation Union (MLW No. 59933 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Wollman, J.) Where a union democratically selected an option for distributing surplus settlement funds then implemented the option, the union did ...
Read More »Immigration: Removability – Crime Of Violence – Terror Threats
Olmsted v. Holder (MLW No. 59937 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Where a Canadian citizen was convicted of making terrorist threats to police officers after he yelled threats at officers while in the back ...
Read More »Criminal Law: Terry Stop – Bank Robbery – Confession
U.S. v. Sawyer (MLW No. 59939 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.) (1)Where a witness gave police information about a get-away vehicle involved in a bank robbery and a tracking device hidden in the stolen ...
Read More »Criminal Law: Sentence – Actual Loss
United States v. Miller (MLW No. 59934 – 12 pages) (U.S. Court of Appeals, Eighth Circuit, Shepherd, J.) Where the defendant’s presentence report failed to assign an actual loss or intended loss arising out of the defendant’s wire fraud scheme, ...
Read More »Criminal Law: Fraud – Loss Determination
United States v. Hodge (MLW No. 59936 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Riley, J.) Even though an FBI agent did not investigate each one of the 1,762 possibly fraudulent health examinations a paramedical examiner submitted for ...
Read More »Civil Rights: Discrimination – Qualified Immunity – ‘Similarly Situated’ Employee
Wimbley v. Cashion (MLW No. 59938 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Where an African-American correctional officer brought claims of race and sex discrimination against the prison warden after she was terminated for violating policy ...
Read More »Arbitration: Waiver – Inconsistent Acts
Southeastern Studs & Components v. American Eagle Design Build Studios (MLW No. 59935 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Hansen, J.) Where a subcontractor filed suit over nonpayment against a contractor and the contractor litigated the case ...
Read More »Insurance: Uninsured Motorist Coverage – Emotional Distress
Derousse v. State Farm Mutual Insurance Company (MLW No. 59941 – 9 pages) (Missouri Supreme Court, Russell, J.) Where a woman claimed emotional distress under the uninsured motorist provision of automobile policy and said she suffered nightmares, migraines, nausea, diarrhea, ...
Read More »Insurance: Uninsured Motorist Coverage – Ambiguity
Rice v. Shelter Insurance Company (MLW No. 59940 – 10 pages) (Missouri Supreme Court, Fischer, J.) Where a passenger who was injured in an automobile accident with an uninsured vehicle sought the full per-person uninsured coverage amount on his family’s ...
Read More »Criminal Law: Public Defender System – Adequate Representation
State ex rel Missouri Public Defender Commission v. Pratte, et al. (MLW No. 59942– 36 pages) (Missouri Supreme Court, Wolff, J.) (1) Where the Missouri public defender commission enacted a regulation that prohibited public defender services to an indigent person ...
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