Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals (page 23)

8th U.S. Circuit Court of Appeals

To look for specific case numbers, use the search box at the top right of this page. Type in the case number (for example: 20-3170) into the box, and if the opinion is available, it will be in the results.

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

Employment: ADA-Disability Discrimination-Prima Facie Case

Plaintiff appealed from the district court’s grant of summary judgment to defendant in plaintiff’s discrimination-in-hiring claim under the Americans with Disabilities Act. On appeal, plaintiff argued that the district court erred in dismissing his claim based on the sufficiency of ...

Read More »

Criminal Law: Supervised Release Violations-Revocation-Substantive Reasonableness of Sentence

After committing several supervised release violations, the district court revoked defendant’s supervised release and sentenced him to eight months’ imprisonment. On appeal, defendant challenged the substantive reasonableness of his sentence, contending that his violations were technical in nature and did ...

Read More »

Criminal Law: Sentencing-Downward Variance-Substantive Reasonableness

Where a defendant who pleaded guilty to drug charges challenged his sentence, the record showed that the district court adequately  considered the sentencing factors and did not abuse its discretion by refusing a further downward variance, and the judgment is ...

Read More »