United States Eighth Circuit - August 2001 Opinion Summaries

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Description Date Docket #

MCCOY v. US

United States Eighth Circuit
Injury & Tort Law
Under 28 USC 2401(b) of the False Claims Act, the continuing treatment doctrine will not toll the statute of limitations if the administrative claim...
08/31/2001 00-1375

US v. LETTS

United States Eighth Circuit
Criminal Law & Procedure
18 USC 922(g)(3), which prohibits drug users from possessing firearms, does not violate the US Constitution by unlawfully targeting drug users.
08/31/2001 00-2310

DULUTH, MISSABE & IRON RANGE RY. CO., INC. v. INT'L BHD. OF LOCOMOTIVE ENG'R

United States Eighth Circuit
Labor & Employment Law
The arbitrator must determine the proper remedy for an overtime award where he based his initial decision on a non-existent clause in the collective...
08/30/2001 00-3564

ISMAILOV v. RENO

United States Eighth Circuit
Immigration Law
8 USC 1158(a)(3) precludes appellate review for failure to timely submit asylum application and 8 USC 1252 does not provide an alternative avenue for...
08/30/2001 00-3239

CLAUDE v. SMOLA

United States Eighth Circuit
Injury & Tort Law
USDA employees have government immunity from any negligence lawsuit alleging failure to supervise contractors hired by a private plaintiff with Rural...
08/30/2001 01-1999

VINCENT v. APFEL

United States Eighth Circuit
Government Benefits
Uncertainty over whether all of an annual income came from certain work may defeat a claim that disability applicant can engage in substantial gainful...
08/30/2001 99-4116

US v. BAFTIRI

United States Eighth Circuit
Criminal Law & Procedure, Evidence
Government may use illegally recorded telephone conversation under 18 USC 2515 as impeachment evidence.
08/30/2001 00-2866

PICKENS v. SOO LINE R.R. CO.

United States Eighth Circuit
Labor & Employment Law
Ability of railroad worker to "lay off" under collective bargaining agreement will not negate the essential job function of regular, reliable...
08/30/2001 00-1497

FLEET BOSTON ROBERTSON STEPHENS, INC. v. INNOVEX, INC.

United States Eighth Circuit
Dispute Resolution & Arbitration, Securities Law
Under the NASD Code, a "customer" must receive investment or brokerage services from an NASD member and not just banking and financial advice.
08/30/2001 00-3816

US v. ROSS

United States Eighth Circuit
Criminal Law & Procedure
Expression of frustration over the length of a search is insufficient to withdraw initial consent to a warrantless search.
08/29/2001 00-1318