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8th U.S. Circuit Court of Appeals

Arbitration: Award-Default Judgment-Appointment of Receiver

Defendant appealed from the district court’s appointment of a receiver after the district court entered default judgment on an arbitration award entered in favor of plaintiff. Defendant further argued that the district court granted the receiver powers beyond those authorized ...

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Trademark Infringement-Use in Commerce Element-Voluntary Dismissal without Prejudice

Defendants appealed from the grant of plaintiff’s motion to voluntarily dismiss without prejudice. Plaintiff had alleged that defendants advertised and marketed an infringing product but never actually manufactured it or delivered it to customers. Defendants moved to dismiss, arguing that ...

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Administrative Law: SSDI-Evidence of Disability-Weight of Evidence

Plaintiff appealed from the denial of her application for disability insurance benefits. Where the administrative law judge was entitled to discount plaintiff’s subjective complaints as inconsistent with the medical evidence, and there was substantial evidence to support finding that plaintiff ...

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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

According to a personal injury lawyer the district court properly applied the statutory definition of an “insured,” there was no error in denying defendant’s claim for UIM benefits. Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s ...

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Torts: Defamation-Limited-Purpose Public Figure-Actual Malice

Plaintiff filed suit against defendant, alleging that defendant published false and defamatory statements regarding a criminal complaint filed against plaintiff’s former fleet manager, charging him with theft by swindle. The district court dismissed plaintiff’s complaint, ruling that plaintiff was a ...

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Negligence: Personal Injury-Underinsured Motorist Coverage-Heightened Duty of Care

Plaintiff was seriously injured after falling from the trunk of a car driven by her friend, Samantha Denault. This caused for her to hire a personal injury attorney. After recovering from Denault’s insurer, plaintiff filed an underinsured motorist claim with ...

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Negligence: Personal Injury-Allocation of Fault-Underinsured Motorist Benefits

Plaintiff suffered permanent head injuries when she fell off the trunk of a vehicle. In a related action, the district court held a bench trial to apportion fault between plaintiff’s friends involved in the accident. In the present case, the ...

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Insurance: Long-Term Care Policy-Covered Provider-“Assisted Living Center”

Where a woman, who purchased a long-term care insurance policy, sued the insurer after her claim for facility benefits was denied following her move into a registered residential living center, the district court properly determined that the chosen provider was ...

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Immigration: Asylum-Social Group Membership-Schizophrenia

Where a petitioner from Mexico sought asylum as a member of a particular social group consisting of individuals “with schizophrenia who exhibit erratic behavior,” the record was not so substantial that a reasonable factfinder would conclude that the Mexican government ...

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Immigration: Asylum-Fear of Future Persecution-Political Persecution

Petitioner challenged the order of the Board of Immigration Appeals, which reversed the ruling of an immigration judge who ruled that petitioner, a Nigerian citizen, had a well-founded fear of future persecution and granted petitioner’s application for asylum. Where threats ...

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