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Civil Rights: Pretrial Detainee-Inadequate Medical Care-Deliberate Indifference
Smith v. Lisenbe (MLW No. 80183/Case No. 22-2644 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Eastern District of Missouri, Bodenhausen, J. (Charles C. Eblen, of Kansas City, MO for appellant; Brandon K. Gutshall, of Kansas City, MO and Lindsey K. Heinz, of Kansas City, MO on the brief) (Michael G. Berry, of Jefferson City, MO for appellees)
Civil Rights: Failure to Investigate-Due Process/Equal Protection Violations-Standing
Pratt v. Helms (MLW No. 80184/Case No. 22-3002 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Western District of Missouri, Bough, J. (John V. Siskopoulos, of New York, NY for appellant) (David S. Baker, of Overland Park, KS for appellee)
Civil Rights: Excessive Force-Qualified Immunity-Loss of Immunity
Ching v. City of Minneapolis (MLW No. 80195/Case No. 22-3157 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, District of Minnesota, Schultz, J., and Menendez, J. (Tracey Nelson Fussy, of Minneapolis, MN for appellant; Sara J. Lathrop, of Minneapolis, MN and Mark S. Enslin, of Minneapolis, MN on the brief) (Benjamin Adam Gifford, of Brooklyn, NY fo[...]
Unemployment Compensation: Denial of Benefits-Voluntary Departure from Work
Maxwell v. Division of Employment Security (MLW No. 80177/Case No. WD85874 – 12 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from Labor and Industrial Relations Commission. (Shannon Maxwell, Little Rock, AR appellant pro se) (Ryan J. Gallagher, Ashland, for respondent)
Torts: Conversion-Punitive Damages
Lewis v. Lewis (MLW No. 80178/Case No. WD85395 – 11 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Lafayette County, Rolf, J. (Cynthia K. Wallace, Kansas City, for appellants) (Jason R. Kew, Blue Springs, for respondent)
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel
Morris v. State (MLW No. 80176/Case No. SD37698 – 7 pages) (Missouri Court of Appeals, Southern District, Gooch, J.) Appealed from circuit court, Greene County, Cordonnier, J.
Appellate Practice: Motion to Dismiss-Failure to Provide Trial Record
Duvall v. Maxey (MLW No. 80170/Case No. ED111144 – 3 pages) (Missouri Court of Appeals, Eastern District, Stevens, J.) Appealed from circuit court, Monroe County, Shaw, J. (David Duvall, appellant pro se) (Gwen Froeschner Hart and John W. Russell, for respondents)
Real Property: Right of Way-Tribal Land-Smoking Ban
WPX Energy Williston, LLC v. Jones (MLW No. 80143/Case Nos. 22-2020 & 22-2025 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of North Dakota, Hovland, J. (Timothy Q. Purdon, of Bismarck, ND for appellants; John Fredericks, II, of Mandan, ND; Timothy W. Billion, of Sioux Falls, SD; and Peter J. Breuer, of Stillwater, OK on the brief) [...]
Immigration: Withholding of Removal-Asylum-Cognizability of Social Groups
Uriostegui-Teran v. Garland (MLW No. 80155/Case No. 22-2472 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Petition for Review of an Order of the Board of Immigration Appeals. (Steven Kenneth Wichmer, of Chesterfield, MO for petitioner) (Jaclyn Georgette Hagner, USDOJ, OIL, of Washington, D.C. for respondent)
Environmental: Water Supply Project-Water Supply Act-Administrative Procedure Act
State of Missouri ex rel. Bailey v. U.S. Department of Interior (MLW No. 80161/Case No. 21-3408 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Western District of Missouri, Laughrey, J. (Jeff P. Johnson, AAG, of Jefferson City, MO for appellant; Amber Lee Krisp, AAG, of Jefferson City, MO on the brief) (John Edward Bies, of Washington, D.C. and Ben[...]
Employer-Employee: Age/Race Discrimination-Failure to Promote-Collective Bargaining Agreement
Avina v. Union Pacific Railroad Co. (MLW No. 80144/Case No. 22-2376 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, Western District of Missouri, Ketchmark, J. (Martin Mark Meyers, of Kansas City, MO for appellant; Dennis E. Egan, of Kansas City, MO and Cooper Scott Mach, of Kansas City, MO on the brief) (Andrew J. Rolfes, of Philadelphia, PA for app[...]
Criminal Law: Voluntary Manslaughter-Upward Departure-Substantive Reasonableness of Sentence
U.S. v. Garnier (MLW No. 80160/Case No. 22-2702 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota, Viken, J.
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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