United States Eighth Circuit - July 2002 Opinion Summaries

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Description Date Docket #

US v. ALLEN

United States Eighth Circuit
Criminal Law & Procedure
Methamphetamine convictions are affirmed where 1) evidence showed the creation of a substantial risk of harm to human life while manufacturing...
07/31/2002 01-3951

SCHALLER TEL. CO. v. GOLDEN SKY SYS., INC.

United States Eighth Circuit
Contracts, Injury & Tort Law
In a claim for fraudulent nondisclosure, defendant did not have a duty of disclosure with respect to its inability to acquire financing for the...
07/31/2002 01-2038

IN RE: NAVARRE CORP. SEC. LITIG.

United States Eighth Circuit
Securities Law
An amended complaint under the Private Securities Litigation Reform Act of 1995 was properly dismissed where plaintiffs failed to adequately plead...
07/31/2002 01-2543

US v. REED

United States Eighth Circuit
Criminal Law & Procedure
Evidence supported a conviction for knowing possession of counterfeit bills where defendant had the requisite the intent to defraud.
07/29/2002 02-1619

US v. WALSH

United States Eighth Circuit
Criminal Law & Procedure
Warrantless entry into a bedroom did not taint a subsequent, more thorough warrant search where the warrant application made no mention of the sweep...
07/29/2002 01-3733

US v. SPOFERA

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
District court did not abuse its discretion in granting government's motion to dismiss certain counts of indictment for conspiracy to produce...
07/26/2002 01-3674

US v. ZIMMER

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
When a defendant's conduct straddles both sides of the effective date of an amendment to the U.S.S.G., application of the amended Guideline does not...
07/25/2002 01-1100/1502/1506

KHAIMOV v. CRIST

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
A certificate of appealability should not be granted where the issue petitioner seeks to raise - whether his public defender had a conflict because...
07/25/2002 00-2613

D'AMARO v. JOYCE

United States Eighth Circuit
Civil Procedure, Health Law, Injury & Tort Law, Professional Malpractice
A medical malpractice claim was barred by Minnesota's statute of limitations, when the last allegedly negligent omission occurred more than four years...
07/24/2002 01-2865

THE COALITION FOR THE FAIR & EQUITABLE REGULATION OF DOCKS ON THE LAKE OF THE OZARKS v. FED. ENERGY REGULATORY COMM'N

United States Eighth Circuit
Administrative Law, Property Law & Real Estate
In a challenge to user fees assessed on docks at a lake, 1) the FERC had power to regulate the use of project lands by parties other than a licensee,...
07/24/2002 01-1071