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Opinions

To look for specific case numbers, use the search box at the top right of this page. Type in the case number (for example: 20-3170) into the box, and if the opinion is available, it will be in the results.

Employer – Employee: Wrongful Termination – Public Policy Exception – Punitive Damages

(1)Where an employee claimed wrongful termination under the public policy exception, the trial court erred and misdirected the jury by failing to give an instruction that required the jury to find that the plaintiff’s communication with government investigators was the ...

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Contract: Insurance Coverage – Cargo Loss – UCC

Where an insurer issued a policy to seller covering the shipment of goods and the seller’s demand for coverage for loss to cargo caused by Hurricane Katrina was denied by the insurer, which claimed the title and risk of loss ...

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Civil Practice: Standing – Affirmative Defense – Demand For Payment

Where a trial court granted summary judgment to a bank on its claims to recover a balance due under several notes executed by the defendant, which brought a wrongful foreclosure counterclaim, the bank had standing to sue because the bank ...

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Appellate Practice: Associate Circuit Court – Unlawful Detainer

Where a pro se appellant filed an appeal from a judgment in an unlawful detainer action that was filed directly in the associate circuit division and the appellant failed to file a request for a trial de novo, the appeal ...

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Social Security: Denial Of SSI Benefits – Obesity – Residual Functional Capacity

Where an administrative law judge determined that a claimant of supplemental security income was not disabled, the judge properly considered how the claimant’s morbid obesity contributed to her other physical and mental ailments, and the determination that the claimant had ...

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Negligence: Legal Malpractice – Standing – Bankruptcy

Where a bankruptcy estate claimant and a trustee brought adversary complaints against a law firm alleging legal malpractice and breach of fiduciary duties owed to a client, the bankruptcy court’s judgment in favor of the trustee and the district court’s ...

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Criminal Law: Sentencing – Gall – Child Abuse

Where a mother allowed a pedophile to sexually abuse her daughter in exchange for $20 more than 200 times and the district court sentenced the mother to 120 months, the court procedurally erred in basing the sentence in significant part ...

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Criminal Law: Sentencing – Domestic Violence – Upward Variation

Where a district court sentenced a defendant to 120 months on counts of weapon possession after convictions for domestic violence and methamphetamine distribution, the court did not err in varying the sentence upward based on the defendant’s criminal history and ...

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Civil Practice: Standing – Corporate Plaintiff – Capacity To Sue

Where independent contractors brought tort and contract claims against a logging company, the district court properly dismissed the claims because the corporate plaintiff lacked the capacity to sue since its charter was revoked, and the individual plaintiff lacked standing to ...

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Malpractice judgment overturned against Minnesota law firm

A Minnesota law firm emerged from years of litigation over legal malpractice claims and the threat of a $4 million judgment with an opinion by a divided three-judge panel of the 8th U.S. Circuit Court of Appeals. The appellate court’s ...

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

Sex offender; waiver of counsel   08-1774 Roger Allen Raymond, Petitioner-Appellant, v. Douglas Weber, Warden, South Dakota State Penitentiary, Respondent-Appellee Appeal From: U.S. District Court for the District of South Dakota Douglas Submitted: Nov. 13, 2008 Filed: Jan. 12, 2009 ...

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