United States Eighth Circuit - June 2002 Opinion Summaries

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Description Date Docket #

US v. SMALLEY

United States Eighth Circuit
Constitutional Law, Criminal Law & Procedure, Sentencing, Juvenile Law
Juvenile adjudications can be characterized as "prior convictions" for Apprendi purposes, thus enhancement of a sentence under the Armed Career...
06/28/2002 01-3898

MISSOURI CHILD CARE ASS'N v. CROSS

United States Eighth Circuit
Constitutional Law, Family Law
In a suit against directors of the Missouri Department of Social Services, to enforce foster-care provider reimbursement provisions of the Adoption...
06/28/2002 01-3346

S.J. v. KANSAS CITY MISSOURI PUB. SCH. DIST.

United States Eighth Circuit
Civil Rights, Education Law, Labor & Employment Law
Dismissal of 42 U.S.C. section 1983 claims against a school district, for actions of a school volunteer who abused a minor outside of school, was...
06/26/2002 01-3608

KROGMEIER v. BARNHART

United States Eighth Circuit
Government Benefits, Health Law, Insurance Law, Labor & Employment Law
Denial of an application for disability insurance benefits was supported by medical evidence, including the ALJ's decision to give treatment records...
06/25/2002 01-3146

US v. LARA

United States Eighth Circuit
Criminal Law & Procedure, Indian Law
Federal prosecution for misdemeanor assault of a federal officer did not duplicate a tribal court conviction, and thus was not barred by the Double...
06/24/2002 01-3695

LOCKRIDGE v. BD. OF TRUSTEES, OF THE UNIV. OF ARKANSAS

United States Eighth Circuit
Civil Rights, Education Law, Labor & Employment Law
In a claim for race discrimination in employment, the subjective manner in which a university filled administrative positions could be construed as...
06/24/2002 01-1472

SIANIS v. JENSEN

United States Eighth Circuit
Civil Procedure
The probate exception to diversity jurisdiction divested the district court of jurisdiction over allegations concerning a will, but the court did have...
06/21/2002 01-2898

GARDNER v. FIRST AM. TITLE INS. CO.

United States Eighth Circuit
Banking Law, Civil Procedure, Property Law & Real Estate
Plaintiffs established standing and stated a sufficient claim, under FRCP 8(a), in alleging that defendants violated the Real Estate Settlement...
06/21/2002 01-2071

TOBERMAN v. COMM'R OF INTERNAL REVENUE

United States Eighth Circuit
Bankruptcy Law, Corporation & Enterprise Law, Tax Law
A taxpayer met the insolvency exception to discharge of indebtedness income, and thus was insolvent at the time of discharge of his debt to his...
06/20/2002 01-1398

LEE v. ERNST & YOUNG, LLP

United States Eighth Circuit
Corporation & Enterprise Law, Injury & Tort Law, Securities Law
Aftermarket purchasers of stock had standing to pursue a claim against an accountant/auditor, pursuant to Section 11 of the Securities Act, to the...
06/18/2002 01-1369