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8th U.S. Circuit Court of Appeals

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Civil Rights: Inmate Death – Deliberate Indifference – Qualified Immunity

Where prison officers were aware that an inmate had mental and physical illnesses and was vomiting and requesting medical attention throughout the night and the officers took no action, the record was sufficient to show deliberate indifference despite the defendants’ ...

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8th U.S. Circuit Court of Appeals: Criminal law

Illegal gratuity; instruction 06-4007 United States of America, Appellee, v.  Russell Hoffmann, Appellant Appeal From: U.S. District Court for the District of Nebraska. Submitted: Sept. 25, 2007 Filed: Feb. 25, 2009 Before: Judges Bye, Benton and Shepherd Opinion By: Judge ...

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8th U.S. Circuit Court of Appeals: Civil practice

Removal; amount in controversy 08-2458 James Bell, Plaintiff-Appellee, v. The Hershey Company; Mars, Inc.; Masterfoods USA; Nestle USA; Cadbury Adams USA, LLC, Defendants-Appellants Appeal From: U.S. District Court for the Southern District of Iowa Submitted: Jan. 15, 2009 Filed: Feb. ...

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ERISA: Life Insurance Coverage – Appropriate Equitable Relief – Breach Of Fiduciary Duty

Where appellant brought an ERISA action for breach of fiduciary duty against decedent’s employer and plan administrator seeking to recover the amount of decedent’s life insurance coverage, the district court properly granted the defendant’s motion to dismiss for failure to ...

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Employer – Employee: Non-Compete Agreement – Employer Breach – Damages

Where an employer breached the unambiguous terms of a non-compete agreement by enforcing non-compete provisions and failing to pay the employee his monthly salary as agreed, the district court properly granted the plaintiff’s motion for summary judgment and the employee ...

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