Archive for the '8th COA' Category

Immigration and Insurance Decisions

The Eighth Circuit decided two insurance disputes and one concerning the denial of an asylum application.
HealthEast Bethesda Hosp. v. United Commercial Travelers of Am., No. 08-3665, was an action for breach of an insurance settlement contract.  The court of appeals affirmed summary judgment for defendant, on the grounds that 1) defendant was not an unsophisticated [...]

Criminal, Government Benefits and Immigration Matters

The Eighth Circuit decided two criminal matters, one immigration case and another concerning social security disability benefits.
In US v. Bolden, No. 08-3835, the court of appeals affirmed defendants’ drug conspiracy convictions and sentences on the grounds that: 1) the district court did not abuse its discretion in erring on the side of caution by dismissing [...]

Criminal Matter Involving Self-Representation and Employment Discrimination Case

The Eighth Circuit decided one criminal matter involving a defendant’s attempt to represent himself, and one employment discrimination case.
In US v. Washington, No. 08-3678, the court of appeals affirmed defendant’s conviction for distribution of a controlled substance, holding that: 1) the record did not suggest that defendant’s counsel was unprepared or inadequate as counsel, and [...]

Civil Rights, Criminal and Immigration Matters

The Eighth Circuit decided six criminal matters, one immigration case and one involving prisoner civil rights.
In US v. Donnell, No. 08-2543, the court of appeals affirmed defendants’ drug conspiracy convictions on the grounds that 1) the district court did not abuse its discretion in admitting wiretapped phone recordings, because the danger of unfair prejudice did [...]

Criminal and Product Liability Matters

The Eighth Circuit decided three criminal matters, all involving sentencing issues, and one product liability case.
In US v. McCarther, No. 08-3169, the court of appeals affirmed defendant’s drug conspiracy sentence, holding that 1) two of the counts against defendant were not improperly joined at the outset simply because the government was not ultimately able to [...]

Appeals in Criminal and Employment Discrimination Cases Decided

The Eighth Circuit decided one criminal matter and one involving alleged employment discrimination based on race.
In Lake v. Yellow Transp., Inc., No. 09-1392, the Eighth Circuit reversed a grant of summary judgment for defendant-employer in a race discrimination matter.  The court held that 1) plaintiff was not required to disprove defendant’s reason for firing him [...]

Criminal, ERISA and Immigration Decisions

The Eighth Circuit decided one criminal matter, one appeal concerning ERISA, and another case regarding immigration law.
Jones v. Unum Provident Corp., No. 08-3830, involved an action under ERISA for wrongful denial of benefits.  The court of appeals affirmed summary judgment for defendant, holding that: 1) defendant thoroughly investigated plaintiff’s claim, both initially and when plaintiff [...]

Criminal, ERISA and Immigration Decisions

The Eighth Circuit decided one criminal matter, one appeal concerning ERISA, and another case regarding immigration law.
Jones v. Unum Provident Corp., No. 08-3830, involved an action under ERISA for wrongful denial of benefits.  The court of appeals affirmed summary judgment for defendant, holding that: 1) defendant thoroughly investigated plaintiff’s claim, both initially and when plaintiff [...]

Ruling in the Criminal Case of US v. Littlewind

In US v. Littlewind, No. 08-4000, the defendant was convicted of assault with a dangerous weapon, assault resulting in serious bodily injury, and discharge of a firearm during a crime of violence.
As the court of appeals wrote:  “The evidence at trial, taken in the light most favorable to the verdict, showed the following facts. During [...]

ERISA and Criminal Matters

The Eighth Circuit ruled in one ERISA case and another involving criminal sentencing today.
Carpenters Dist. Council v. JNL Const. Co., No. 08-2283, was an ERISA action on behalf of certain pension funds against a construction company claiming that defendants failed to contribute union employees’ fringe benefits to the funds as required by collective bargaining agreements.  [...]