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Immigration: Cancellation of Removal-Exercise of Discretion-Pending Prosecution
Castillo-Rodriguez v. Garland (MLW No. 80322/Case No. 22-2502 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for Review of an Order of the Board of Immigration Appeals.
Immigration: Asylum-Social Group
Baquedano-Munguia v. Garland (MLW No. 80344/Case No. 22-2599 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for review of an order of the Board of Immigration Appeals.
Employer-Employee: Wrongful Death Action-Workplace Toxic Exposure-Exclusion of Expert Testimony
Lancaster v. BNSF Railway Company (MLW No. 80309/Case No. 21-3366 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, J.) Appealed from U.S. District Court, District of Nebraska, Gerrard, J. (Jonathan Theodore Sternberg, of Kansas City, MO for appellant; Shawn M. Sassman, of Conshohocken, PA on the brief) (Dale Schowengerdt, of Helena, MT for appellee)
Employer – Employee: Unlawful Termination-Public Policy Exception
Jones v. Wellpath, LLC (MLW No. 80343/Case No. 22-2445 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Miller, J. (Lloyd W. Kitchens III, Little Rock, AR argued for appellant) (Mark Edward Stamelos, Nashville, TN argued for appellee).
Employer-Employee: CBA-Contribution of Funds-Audit
Greater St. Louis Construction Laborers Welfare Fund v. B.F.W. Contracting, LLC (MLW No. 80319/Case No. 22-2138 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Eastern District of Missouri, Sippel, J. (Philip H. Dennis, II, of Clayton, MO for appellant) (Janine Marie Martin, of St. Louis, MO for appellee)
Criminal Law: Sexual Exploitation of a Child-Statutory Maximum Sentence-Reasonableness of Sentence
U.S. v. Carter (MLW No. 80329/Case No. 22-3441 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Ebinger, J.
Criminal Law: Sentencing-Upward Variance
U.S. v. Gray (MLW No. 80332/Case No. 22-2739 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas.
Criminal Law: Robbery-Using a Firearm During Crime of Violence-Motion for Acquittal/New Trial
U.S. v. Robbins (MLW No. 80308/Case No. 21-3360 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, J.) Appealed from U.S. District Court, Northern District of Iowa, Strand, J. (Webb L. Wassmer, of Marion, IA for appellant) (Lisa C. Williams, AUSA, of Cedar Rapids, IA for appellee)
Criminal Law: RICO-Offenses Committed During Conspiracy-Prison Credits
U.S. v. Haynie (MLW No. 80310/Case No. 21-3654 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of Nebraska, Bataillon, J. (Donald Lee Schense, of Bellevue, NE for appellant) (Matthew R. Molsen, AUSA, of Lincoln, NE for appellee)
Criminal Law: Revocation of Supervised Release-Upward Enhancement-Obstruction of Justice
U.S. v. Davis (MLW No. 80318/Case No. 23-1872 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Northern District of Iowa, Reade, J.
Criminal Law: Revocation of Supervised Release-Challenge to Sentence-Sentencing Discretion
U.S. v. Barhoumi (MLW No. 80316/Case No. 23-1483 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Sippel, J.
Criminal Law: Possession of Unregistered Firearm-Upward Enhancement-Obstruction of Justice
U.S. v. Riley (MLW No. 80321/Case No. 22-3240 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Rudofsky, J.
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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- 8th Circuit tosses suit claiming false sale prices
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- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
