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8th U.S. Circuit Court of Appeals

Criminal Law: Embezzlement – Indian Tribe – Sufficiency Of Evidence

Where defendant was convicted of embezzlement from an Indian tribal organization in connection with the tribe’s employee pay-advance program, the government showed that the defendant, who was the tribe’s finance committee coordinator, received and retained pay-advance funds in violation of ...

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Constitutional: Due Process – University Professor – Termination

Where a professor terminated by a university brought constitutional and state-law claims of breach of contract against the university’s board of trustees and other defendants, summary judgment for the defendant was proper because the plaintiff failed to show that the ...

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Civil Rights: Jurisdiction – Treatment Of Veterans – Post-Traumatic Stress Disorder

Where a veteran, who claimed that officials and doctors of the Department of Veterans Affairs interfered with his right to get private medical care by withholding from him a diagnosis of post-traumatic stress disorder, sued in federal court claiming the ...

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Civil Rights: Inmate Action – Medical Care – Deliberate Indifference

Where a prisoner claimed he received constitutionally inadequate medical care after he was injured during arrest, summary judgment for the defendants is affirmed because the prisoner failed to show that the nursing staff supervisor was deliberately indifferent to his medical ...

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Civil Practice: Removal – Amount In Controversy – Burden Of Proof

Where plaintiff, who brought a class action against chocolate manufacturers for alleged violations of state antitrust laws, specified an amount in controversy below the jurisdictional amount, the district court erred in requiring the defendants to prove to a legal certainty ...

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Civil Practice: Class Action – Dismissal – Filed-Rate Doctrine

Where a plaintiff who claimed a cable television company overcharged customers for network upgrades sought damages for unjust enrichment and violation of the Minnesota Prevention of Consumer Fraud Act, plaintiff’s class action challenged a rate on file with the City ...

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Administrative: OSHRC – Citation Policy – Agency Regulation

Where the Occupational Safety and Health Review Commission held that the Secretary of Labor’s “controlling employer citation” policy violated an agency regulation, the OSHRC abused its discretion because the plain language of the agency regulation does not preclude the policy. ...

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

Habeas petition; timeliness 07-3544 Christopher J. Earl, Petitioner-Appellant, v. Joan Fabian, Commissioner, Minnesota Department of Corrections, Respondent-Appellee Appeal From: U.S. District Court for the District of Minnesota Submitted: Oct. 14, 2008 Filed: Feb. 23, 2009 (corrected 2/24/09) Before: Judges Loken, ...

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

Cross examination; limitation 08-2224 United States of America, Appellee, v. Darwin Beck, Appellant Appeal From: U.S. District Court for the Eastern District of Missouri Submitted: Dec. 11, 2008 Filed: Feb. 23, 2009 Before: Judges Loken, Beam and Kyle(FN1) Opinion By: ...

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