Watson v. CEVA Logistics U.S., Inc., No. 09-3322, involved African-American plaintiffs’ action alleging racially hostile work environment claims under Title VII. The court reversed summary judgment for defendants on the grounds that, contrary to the ruling below: 1) the alleged harassment was objectively severe and pervasive enough to create a hostile work environment; and 2) [...]
In US v. Durham, No. 09-2951, the court affirmed in part defendant’s sentence for knowingly receiving child pornography, holding that, if an oral sentence and the written judgment conflict, the oral sentence controls. However, the court reversed in part on the ground that defendant presented “concrete evidence” of his ignorance of the pornography’s distribution, and [...]
Clear Channel Outdoor, Inc. v. St. Paul, No. 09-2670, involved a First Amendment action against the City of St. Paul, Minnesota, after the St. Paul City Council enacted an ordinance prohibiting all billboard extensions. The court affirmed summary judgment for plaintiff on the ground that a refusal to remand in this situation simply retained the [...]
Curtis Lumber Co. v. Louisiana Pac. Corp., No. 09-2602, involved an action by a retail supplier of building materials regarding defendant’s alleged failure to follow through on defendant’s rebate promotion that plaintiff promoted to many of its customers. The court affirmed in part partial summary judgment for defendant, holding that the testimony offered by plaintiff [...]
US v. Hawley, No. 08-2992, concerned a civil action by the U.S. against an insurance agent, and his insurance company, alleging that defendants violated the False Claims Act by committing fraud in connection with federal crop insurance. The court reversed summary judgment for defendant on the grounds that 1) the government adequately preserved its argument [...]
Capella University, Inc. v. Executive Risk Specialty Ins. Co., No. 08-2382, involved an action alleging that defendant-insurer owed a duty to defend plaintiff against a federal lawsuit brought by one of plaintiff’s former students. The court affirmed in part judgment for plaintiffs on the grounds that 1) the lawsuit was not subject to an exclusion in [...]
Capella University, Inc. v. Executive Risk Specialty Ins. Co., No. 08-2382, involved an action alleging that defendant-insurer owed a duty to defend plaintiff against a federal lawsuit brought by one of plaintiff’s former students. The court affirmed in part judgment for plaintiffs on the grounds that 1) the lawsuit was not subject to an exclusion in [...]
In US v. Robinson, No. 09-3451, the court affirmed defendant’s methamphetamine manufacturing convictions and sentence on the grounds that 1) a loaded .22 revolver’s proximity – within six feet – to saleable quantities of methamphetamine, digital scales, and pills used to manufacture methamphetamine coupled with an officer’s expert testimony regarding the use of firearms in [...]
In O’Meara v. Feneis, No. 09-2161, a prosecution for second-degree criminal sexual assault, the court affirmed the denial of petitioner’s habeas petition, holding that the Minnesota Court of Appeals’ decision that Blakely did not apply retroactively to the determination of petitioner’s sentence was not contrary to, and did not involve an unreasonable application of, clearly [...]
In US v. Straw, No. 09-3298, the court affirmed defendant’s sentence for wire fraud, mail fraud, making, possessing, and uttering a forged security, and money laundering, holding that ) it was not plain error for the district court to hear defendant’s family member’s statement because the statement concerned defendant’s background, character, and conduct; 2) given [...]