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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals (page 40)

8th U.S. Circuit Court of Appeals

Civil Rights: 42 U.S.C. §1983-Prison Inmate-Adverse Summary Judgment

Plaintiff, an inmate in a Missouri prison, appealed the district court’s discovery ruling and adverse grant of summary judgment in plaintiff’s §1983 action. Where there was no abuse of discretion, the district court properly denied plaintiff’s motions to compel and ...

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Attorneys: Malpractice-Federal Question-Diversity Jurisdiction

Plaintiffs appealed from the dismissal of their action against attorney defendants for lack of subject-matter jurisdiction. Where plaintiffs failed to identify a federal question and where there was a lack of complete diversity between the parties, the district court properly ...

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Insurance: Uninsured-Motorist Coverage-Diversity Action-Declaratory Judgment

Defendant appealed from the denial of his motion for summary judgment and the grant of plaintiff’s cross-motion for summary judgment in a declaratory-judgment action relating to uninsured-motorist-coverage benefits. Where the district court correctly interpreted Missouri law governing UM benefits, it ...

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Immigration: Order of Removal-Reinstatement-Dismissal of Federal Complaint

Petitioner, a citizen of Mexico who unlawfully entered the United States, was ordered removed after he was convicted of an aggravated felony. Petitioner later unlawfully reentered the U.S., alleging that he feared persecution if returned to Mexico. An immigration judge ...

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Immigration: Cancellation of Removal-Motion to Reopen or Reconsider-Appellate Jurisdiction

Petitioner, a citizen of Mexico, unlawfully entered the United States and was placed in removal proceedings, where he conceded removability and had a request for voluntary departure granted. Petitioner subsequently moved to reopen the proceedings and cancel his removal, however, ...

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Employment: Unlawful Retaliation-Federal Railroad Safety Act-Discovery Rulings

Plaintiff was terminated after an investigation concluded that his truck’s brakes had not malfunctioned and that he was the sole cause of a crash with a train. Plaintiff sued for unlawful retaliation, arguing that defendant had retaliated against him for ...

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Employment: Discrimination-Dismissal-Failure to State a Claim

Plaintiff appealed from the dismissal of her employment-discrimination case. The district court had dismissed some of plaintiff’s claims under 28 U.S.C. §1915(e)(2)(B)(ii) and later dismissed the remaining claims under Rule 12(b)(6). Where the record supported dismissal of plaintiff’s claims, the ...

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Criminal Law: Sentencing-Probation Violations

Where a defendant argued that his sentence was substantively unreasonable because the district court failed to consider the de-escalation of his probation violations, appellate review of sentencing decisions is limited to whether the decisions were reasonable, and the judgment is ...

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