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United States Eighth Circuit - September 2001 Opinion Summaries

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Description Date Docket #
PUMMILL v. GREENSFELDER, HEMKER & GALE
United States Eighth Circuit
Bankruptcy Law 
A law firm's work to increase the value of assets for unsecured creditors conveys a reasonably equivalent value to the debtor even if the work was...
09/28/2001 01-6017
HUNT v. HOPKINS
United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus 
A district court order granting a habeas petitioner leave to amend his petition pending resolution of state claims is not an appealable order.
09/26/2001 00-2697
COSTELLO v. MITCHELL PUB. SCH. DIST. 79
United States Eighth Circuit
Education Law 
Failure of school to provide parents written notice of evaluation of a child for placement in special education under 20 USC 1415 of the IDEA will not...
09/24/2001 00-3746
US v. SERA
United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus 
Failure of counsel to seek downward departure for waiver of status as a deportable alien is not ineffective assistance of counsel where there is no...
09/24/2001 00-3415
CENT. S. DAKOTA COOP. GRAZING DIST. v. SEC'Y OF US DEP'T OF AGRIC.
United States Eighth Circuit
Environmental Law 
42 USC 4332 of NEPA, which requires federal agencies to consider alternatives to environmental actions when it determines no Environmental Impact...
09/24/2001 00-3567
BHD. OF MAINT. OF WAY EMPLOYEES v. SOO LINE R.R. CO.
United States Eighth Circuit
Labor & Employment Law, Transportation 
Under the Railway Labor Act, an arbitrator interpreting a union's collective bargaining agreement may look to decisions of another union's CBA where...
09/24/2001 00-3581
US v. SMITH
United States Eighth Circuit
Criminal Law & Procedure 
Information in search warrant for drugs based on controlled drug transactions over three months old is not "stale" to make the warrant invalid.
09/24/2001 01-1654
MOORE v. PLASTER
United States Eighth Circuit
Civil Rights 
Prison conduct report that stated that an investigation "revealed" that prisoner violated prison rules is not "some evidence" to support a summary...
09/24/2001 00-3505
MATHES v. FURNITURE BRANDS INT'L, INC.
United States Eighth Circuit
Labor & Employment Law 
Evidence that other employees complained about plaintiff employee's job performance is sufficient to defeat a claim that termination of employee for...
09/21/2001 00-3811
US v. DICO, INC.
United States Eighth Circuit
Evidence 
The trial court may admit deposition transcripts into the court record at the close of trial where the parties had previously disclosed them prior to...
09/19/2001 00-2430

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