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8th U.S. Circuit Court of Appeals

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Criminal Law: Drug Conspiracy – Sufficiency Of Evidence – Sentencing Enhancement

U.S. v. Jones (MLW No. 58854/Case No. 08-2537 – 10 pages) (U.S. Court of Appeals, Eighth Circuit, Limbaugh, J.) Even though only 10 grams of cocaine were seized from a drug defendant, the evidence was sufficient to convict him of ...

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Criminal Law: Drug Charges – Batson Challenge – Jury Instruction

U.S. v. Brown; U.S. v. Kouris; U.S. v. Giles (MLW No. 58852/Case No. 08-1378/08-1384/08-1385 – 25 pages) (U.S. Court of Appeals, Eighth Circuit, Murphy, J.) Where defendants were convicted of charges including conspiracy to distribute marijuana, possession and firearm use ...

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Criminal Law: Civil Contempt Records – Request To Unseal – ‘Particularized Need’

U.S. v. McDougal (MLW No. 58853/Case No. 08-2524 – 7 pages) (U.S. Court of Appeals, Eighth Circuit, Murphy, J.) Where Susan McDougal requested the unsealing of records from her civil contempt proceeding in connection with the Whitewater investigation, there is ...

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Civil Rights: Discrimination – First Amendment – Retaliation

McCullough v. University of Arkansas for Medical Sciences, et al. (MLW No. 58847/Case No. 08-1353 – 18 pages) (U.S. Court of Appeals, Eighth Circuit, Colloton, J.) (1)Where a university employee claimed h e was terminated in retaliation for complaining about ...

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Civil Practice: Discovery Abuse – Dismissal With Prejudice – Reassignment

Sentis Group, Inc. v. Shell Oil Company, et al. (MLW No. 58842/Case No. 07-2308/2573/3162 – 34 pages) (U.S. Court of Appeals, Eighth Circuit, Melloy, J.) (1)Where a district court dismissed with prejudice a plaintiff’s case citing discovery abuses and lies, ...

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Bankruptcy: Settlement Agreement – Guarantor – Personal Liability

American Prairie Construction Company v. Hoich (MLW No. 58845/Case No. 08-1288/1292/1394 – 22 pages) (U.S. Court of Appeals, Eighth Circuit, Riley, J.) Where a district court in a bankruptcy dispute found the parties had entered a binding settlement agreement and ...

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Arbitration: Motion To Compel – Student Tort Claims – Enrollment Agreements

Fallo, et al. v. High-Tech Institute (MLW No. 58846/Case No. 08-2437 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Gruender, J.) Where students brought tort claims including fraudulent misrepresentation against a vocational school and the school moved to compel ...

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