United States Eighth Circuit - June 2001 Opinion Summaries

US v. DUKE

Criminal Law & Procedure
The confession of a co-defendant, after expiration of the government's deadline to appeal the co-defendant's acquittal, is not credible under the...

MAYS v. RHODES

Civil Rights
Where prisoner died of heat exhaustion while working in 72-degree weather and expressed no complaints of exhaustion and showed no symptoms of heat...

FARMERS INS. CO. v. PIERROUSAKOS

Insurance Law
Step-down clause in automobile insurance policy located in "other insurance" section of policy did not create ambiguity when separated from "insured...

SHERBO v. COMM'R OF INTERNAL REVENUE

Tax Law
Where two taxpayers claim a credit to which only one is entitled, the IRS has substantial justification under 26 USC 7430 (c)(4)(B)(i) for issuing a...

GALMAN v. THE PRUDENTIAL INS. CO. OF AM.

ERISA
Plaintiff waived a claim that he was entitled to disability benefits for one month before he returned to work by failing to raise the issue during...

US v. ARRINGTON

Criminal Law & Procedure, Sentencing
A defendant may not make out a claim for vindictiveness where the 77-month sentence was within the applicable guideline range and did not increase...

BLACKWELL v. LURIE

Bankruptcy Law, Judgement Enforcement
Both Missouri law and federal law hold that upon reversal of a judgment, an appellant is entitled to restitution in the amount actually received by...

SHELTER INS. COS. v. HILDRETH

Injury & Tort Law, Insurance Law, Professional Malpractice
Under Arkansas law, naprapathy services are "professional services" for purposes of the professional services exclusion in a business insurance...

CHANDLER v. US AIR FORCE

Civil Procedure, Military Law
District courts have jurisdiction to review military review board decisions in non-tort civil actions seeking damages of less than $10,000.

US v. JONES

Criminal Law & Procedure, Evidence
Fed. R. Crim. Pr. 12.1(b) requires the government to disclose the names and addresses of its rebuttal witnesses, but does not require disclosure of...