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8th U.S. Circuit Court of Appeals

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Criminal Law: Methamphetamine – Drug Quantity – ‘Market Approach’

U.S. v. Clarke (MLW No. 59086/Case No. 08-2778 – 15 pages) (U.S. Court of Appeals, Eighth Circuit, Riley, J.) (1)Where a defendant argued that drug quantity should be calculated based on the actual amount of usable methamphetamine in a liquid ...

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Constitutional: Sex Offender – Adam Walsh Act – Civil Commitment

U.S. v. Tom (MLW No. 59105/Case No. 08-2345 – 18 pages) (U.S. Court of Appeals, Eighth Circuit, Murphy, J.) Where a district court found unconstitutional Section 4248 of the Adam Walsh Act allowing for the civil commitment of persons certified ...

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Civil Rights: Battery – Vicarious Liability – School District Defendant

Plamp v. Mitchell School District No. 17-2 (MLW No. 59081/Case No. 08-2700 – 18 pages) (U.S. Court of Appeals, Eighth Circuit, Melloy, J.) (1)Where a student who was battered by a teacher brought claims under Title IX of the Education ...

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Civil Rights: Race Discrimination – Retail Surveillance – Sufficiency Of Evidence

Gregory, et al. v. Dillard’s, Inc. (MLW No. 59079/Case No. 05-3910 – 54 pages) (U.S. Court of Appeals, Eighth Circuit, Colloton, J.) (1)Where African-American plaintiffs brought claims of racial discrimination against a retail store that allegedly subjected them to increased ...

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Arbitration: Employment Dispute – Union Representation – Bad Faith

Hansen v. Qwest Communications, et al. (MLW No. 59089/Case No. 08-2051 – 12 pages) (U.S. Court of Appeals, Eighth Circuit, Riley, J.) Where a member of a communication workers’ union claimed the union breached its duty of fair representation by ...

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Public Utilities: Surcharge – Preemption – VoIP Service

Vonage Holdings Corp. v. Nebraska Public Service Commission, et al. (MLW No. 59054/Case No. 08-1764 – 10 pages) (U.S. Court of Appeals, Eighth Circuit, Bye, J.) Where a district court enjoined the state public service commission’s enforcement of a statute ...

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Immigration: Removal – Violence Against Woman Act – Exceptional Hardship

Arellano-Hernandez v. Holder (MLW No. 59050/Case No. 07-3945 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Bye, J.) Where a Mexican immigrant sought a cancellation of removal claiming removal would result in exceptional hardship to her son, the immigrant ...

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ERISA: Denial Of Benefits – Long-Term Disability – Standard Of Review

Chronister v. Unum Life Insurance Company of America (MLW No. 59042/Case No. 07-3552 – 7 pages) (U.S. Court of Appeals, Eighth Circuit, Magnuson, J.) Where a claimant appealed the denial of long-term disability benefits, in light of changes in ERISA ...

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