United States Eighth Circuit - February 2002 Opinion Summaries

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Description Date Docket #

BI-RITE PETROLEUM, LTD. v. COASTAL REFINING & MARKETING, INC.

United States Eighth Circuit
Injury & Tort Law
Although the defendant foreclosed upon the plaintiff's property, without testimony that the plaintiff was targeted for outrageous conduct, that...
02/28/2002 01-2319

COKER v. METROPOLITAN LIFE INS. CO.

United States Eighth Circuit
ERISA, Health Law, Insurance Law
Despite the fact that an administrative law judge found that insured met the disability insured status requirement of the Social Security Act, plan...
02/28/2002 01-2772

CABAN v. US

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Claim of ineffective assistance of counsel based on trial counsel's conflict of interest was rejected, as the refusal to call a witness did not...
02/28/2002 01-1451

HUGHES v. 3M RETIREE MEDICAL PLAN

United States Eighth Circuit
ERISA
Where a summary retirement plan description does not contain vesting language and unambiguously reserves to the plan provider the right to change...
02/28/2002 01-1970

US v. BLANTON

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Because defendant's false statement impeded or hampered a grand jury's investigation into a bank robbery, it was a material false statement, and...
02/27/2002 01-2748, 01-2878

US v. JIMENEZ

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
A 3-level downward departure, based on defendant's minimal participation in a bank robbery and perjury classified as aberrant behavior, was in error...
02/27/2002 01-2290

US v. MILK

United States Eighth Circuit
Criminal Law & Procedure, Indian Law
For purposes of 21 U.S.C. section 860, a tribal housing authority is considered a "public housing authority," and because evidence supported...
02/26/2002 01-2521

GRAY v. BOWERSOX

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
Multiple arguments raised in habeas petition, including improprieties in prosecution's remarks to jury during penalty-phase and ineffective assistance...
02/26/2002 01-1098

US v. HERNANDEZ

United States Eighth Circuit
Criminal Law & Procedure
Because Miranda warnings were sufficient to inform defendant of his rights in a post-indictment interview, refusing to suppress his statements and...
02/26/2002 01-1824

ORION FIN. CORP. OF S. DAKOTA v. AMERICAN FOODS GROUP, INC.

United States Eighth Circuit
Commercial Law, Contracts
Where plaintiff agreed to procure grants and loans for the benefit of defendant in exchange for "flat rate" fees and "success" fees, the plain meaning...
02/25/2002 00-2692, 00-3064