United States Eighth Circuit - January 2002 Opinion Summaries

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Description Date Docket #

US v. BOUGIE

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
When sentencing a defendant convicted of car-jacking, under 18 U.S.C. section 2119(1), a court may not depart upward on the basis of the presence of...
01/30/2002 01-1764

NORTH GRAND MALL ASSOC., LLC. v. GRAND CENTER, LTD.

United States Eighth Circuit
Contracts, Property Law & Real Estate
In a dispute over an option to purchase a lease, if the method of price computation is unambiguous on it face, real estate custom cannot prevail...
01/30/2002 01-1237

SPANGLER v. FED. HOME LOAN BANK OF DES MOINES

United States Eighth Circuit
Labor & Employment Law
An employer who terminated an employee after she was repeatedly absent from work may have violated the Family and Medical Leave Act (FMLA), 29 U.S.C....
01/30/2002 01-2476

CRAIGHEAD ELEC. COOP. CORP. v. CITY WATER AND LIGHT PLANT OF JONESBORO

United States Eighth Circuit
Property Law & Real Estate, Public Utilities
On appeal from court-ordered taking of a public utility's operation, when two state statutes concerning utilities are in conflict, one that prohibits...
01/30/2002 01-2048

ROBINSON v. CRIST

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Although a prosecutor may not directly comment on a defendant's failure to testify, there is no prosecutorial misconduct if prosecutor's comments were...
01/30/2002 01-2199

JOHNSON v. US

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
While robbing a bank, the fact that defendant merely showed the teller the hand grip of his gun, is sufficient to find defendant used a gun during and...
01/29/2002 01-1630

SEXTON v. KEMNA

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
The denial of the presumption of vindictiveness when a sentencing judge reimposes the same total sentence in a multi-count case, under North Carolina...
01/29/2002 00-2764

DORSEY v. PINNACLE AUTOMATION CO.

United States Eighth Circuit
Labor & Employment Law
Because appellants were aware of neither possible ADEA violations nor promotion opportunities, the doctrines of equitable estoppel and equitable...
01/29/2002 00-3558, 01-1030

MOYSIS v. DTG DATANET

United States Eighth Circuit
Injury & Tort Law, Labor & Employment Law
Plaintiff will prevail on a claim of Intentional Infliction of Emotional Distress where employers 1) knew of his strong desire to return to work after...
01/29/2002 00-3943, 00-3992

US v. MORENO

United States Eighth Circuit
Criminal Law & Procedure
An initial statement made by officer to defendant that he must either consent to a search of his car or incriminate himself by refusing, was not...
01/29/2002 01-1612