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8th U.S. Circuit Court of Appeals

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Civil Practice: ADA-Nominal Damages-Mootness

Where a paralyzed plaintiff brought claims under the Americans with Disabilities Act against a convenience store company after his visits were deterred by the lack of accessible parking, and the defendant remedied the violations, the district court properly granted summary ...

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Negligence: Products Liability-Defective Design-Failure to Warn

Where the owner of an ethanol production facility sued the manufacturer of a regenerative thermal oxidizer for negligence and products liability after an explosion and fire, the owner submitted sufficient evidence of a defective design to survive summary judgment, so ...

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Immigration: Removal-Timeliness

Where a petitioner from Mexico sought review of an order denying his motion to remand in which he argued that the immigration judge lacked statutory authority to enter an order of removal in absentia, the motion was untimely and the ...

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Immigration: Removal-Discretionary Cancellation-Unusual Hardship

Where a petitioner from Mexico conceded removability and applied for discretionary cancellation of removal, the petitioner did not present evidence that established an exceptional and extremely unusual hardship to the petitioner’s daughter, and there was no showing that the standard ...

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Employment: Discrimination-Summary Judgment

Where appellant challenged the adverse grant of summary judgment in an employment discrimination action, the court did not err and the judgment is affirmed. Judgment is affirmed. Thompson v. Westmor Industries LLC (MLW No. 74750/Case No. 19-1629 – 2 pages) ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant challenged his sentence following a guilty plea to crimes including robbery, the appeal fell within the scope of the appeal waiver, and the plea agreement was voluntarily and knowingly entered, so the appeal is dismissed. Appeal is ...

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Constitutional Law: Dormant Commerce Clause-Undue Burden-Right of First Refusal Provision

Where a transmission company challenged a state’s right of first refusal provision as a violation of the dormant commerce clause, the law was not facially discriminatory and had neither a discriminatory purpose nor effect, and the burden imposed by law ...

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