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8th U.S. Circuit Court of Appeals

Bankruptcy: Avoidance and Recovery-Preferences-Contemporaneous Exchange

Where a trustee filed an adversary proceeding seeking avoidance and recovery of certain payments to Wells Fargo as preferences, the court properly interpreted the consignment arrangement and applied it correctly to determine new value, and the court did not err ...

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Torts: Product Liability-Stream of Commerce-Sufficiency of Evidence

Plaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to defendant, ruling that plaintiff failed to provide evidence of when ...

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Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage

Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s grant of judgment on the pleadings to plaintiff in its declaratory-judgment action. P.B. was killed in a motor-vehicle accident with his grandmother Dawn Chiodo and Chiodo’s ...

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Insurance: Civil Rights Lawsuit-County Insurance Policy-Duty to Defend and Indemnify

Plaintiff appealed from the grant of judgment on the pleadings to defendant county, finding plaintiff had a duty to defend the county against a civil rights lawsuit filed against the county by Russell Faria, who had been wrongly arrested and ...

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Immigration: Cancellation of Removal-Motion to Reopen and Reconsider-Hardship on Citizen Children

Petitioner appealed from the denial of his application for cancellation of removal, based on his argument that his youngest children, both U.S. citizens, would suffer hardship from his deportation. The Board of Immigration Appeals denied cancellation of removal due to ...

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Immigration: Asylum-Withholding of Removal-Evidence of Eligibility

Petitioner petitioned for review of a final order of removal, which denied her application for asylum and withholding of removal. After being convicted of fifth-degree possession of a controlled substance, petitioner unsuccessfully attempted to resist removal by arguing that her ...

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Violation of Supervised Release-Possession of Firearm-Substantive Reasonableness of Sentence

Defendant appealed from his sentence of 60 months’ imprisonment for violating the terms of his supervised release after he was found in possession of a firearm. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court ...

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Criminal Law: Fraud-Appeal Waiver-Substantive Reasonableness of Sentence

Defendant appealed from the district court’s sentence imposed after defendant pleaded guilty to fraud offenses pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the substantive reasonableness of her sentence. Where the appeal waiver in ...

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Criminal Law: Drug and Firearms Offenses-Appeal Waiver-Reasonableness of Sentence

Defendant appealed from the sentence imposed after he pleaded guilty to drug and firearms offenses pursuant to a plea agreement containing an appeal waiver. Where defendant’s appeal waiver was applicable to his challenge to his sentence, the court dismissed the ...

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Criminal Law: Conspiracy to Distribute-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant appealed from his conviction for conspiracy to distribute a substance containing methamphetamine, aiding and abetting, and witness tampering. The district court imposed a within-guidelines sentence. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court ...

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