United States Eighth Circuit - December 2000 Opinion Summaries

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Description Date Docket #

US v. ALANIZ

United States Eighth Circuit
Criminal Law & Procedure
The 1998 amendment to 18 USC 924(c)(1)(A) does not nullify a consecutive term of imprisonment for a firearm charge whenever the predicate drug crime...
12/15/2000 00-1539

COUNTRYWIDE SERVICES CORP. v. SIA INS. CO. LTD.

United States Eighth Circuit
Contracts
Where plaintiff's duties toward defendant had ended, thereby ending any implied duty of good faith, plaintiff could not state a cause of action for...
12/15/2000 00-1023

BURR v. SNIDER

United States Eighth Circuit
Constitutional Law, Criminal Law & Procedure
North Dakota Supreme Court's determination that state sex offender registration statute does not violate the prohibition against ex post facto...
12/14/2000 99-4144

VENEKLASE v. CITY OF FARGO

United States Eighth Circuit
Civil Procedure, Ethics & Disciplinary Code
Judge's former law firm's representation in isolated and unrelated litigation six and seven years before being appointed to the bench does not create...
12/13/2000 98-2147

CEDAR SHORE RESORT v. MUELLER

United States Eighth Circuit
Bankruptcy Law
Where bankruptcy court makes a factual determination that motivation for bankruptcy petition was to dispose of shareholder lawsuit, and the finding is...
12/13/2000 00-1389

US v. HELLBUSCH

United States Eighth Circuit
Constitutional Law, Criminal Law & Procedure
Insufficient evidence to convict defendant under 18 USC 924(c)(1) for using a firearm in commission of drug offense renders conviction...
12/13/2000 99-2349

US v. MARTINEZ

United States Eighth Circuit
Criminal Law & Procedure
Defendant's pre-sentencing misbehavior, including escape from halfway house and failure to appear, supported district court decision to deny...
12/12/2000 00-1653

NEBRASKA PUB. POWER DIST. v. MIDAMERICAN ENERGY CO.

United States Eighth Circuit
Civil Procedure, Public Utilities
Question of allocation of future decommissioning costs of nuclear power plant was ripe for adjudication where all facts necessary to resolve case were...
12/12/2000 99-4067

US v. PEREZ

United States Eighth Circuit
Criminal Law & Procedure
In denying acceptance-of-responsibility reduction under USSG 3E1.1, district court did not err in finding defendant's obstructive conduct -...
12/12/2000 00-1875

ROSS v. DOUGLAS COUNTY, NEBRASKA

United States Eighth Circuit
Civil Rights, Injury & Tort Law, Labor & Employment Law
Evidence that prison guard was the only employee assigned full-time to stressful position was sufficient evidence of retaliation for filing racial...
12/11/2000 00-2688