United States Eighth Circuit - November 2002 Opinion Summaries

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Description Date Docket #

PURE COUNTRY, INC. v. SIGMA CHI FRATERNITY

United States Eighth Circuit
Civil Procedure, Contracts, Intellectual Property, Trademark
In a dispute over trademark rights, the district court did not exercise discretion based upon the interests of justice in denying plaintiff's motion...
11/27/2002 02-1944

HILL v. MCKINLEY

United States Eighth Circuit
Civil Rights, Constitutional Law, Government Law
Although prison guard's strapping plaintiff spread-eagle to a restraining board for three and one-half hours while she was naked was a violation of...
11/26/2002 01-2574

WILLIAMS v. KEMNA

United States Eighth Circuit
Criminal Law & Procedure, Habeas Corpus
A claim that counsel was ineffective when he exercised peremptory strikes and permitted the jury to be seated without petitioner being present was...
11/26/2002 02-1833

US v. SORIANO-HERNANDEZ

United States Eighth Circuit
Criminal Law & Procedure, Immigration Law
The district court reasonably determined that defendant's failure to raise the statute of limitations defense was not a fair and just reason for the...
11/26/2002 01-2789

US v. RHONE

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Discretionary refusal to grant a downward departure is unreviewable, and an appeal on those grounds must be dismissed for lack of jurisdiction.
11/25/2002 02-1604

COOK v. TADROS

United States Eighth Circuit
Civil Rights, Constitutional Law, Labor & Employment Law
In a First Amendment retaliation claim, in the absence of a constitutional violation, no actionable conspiracy claim exists, and in light of a verdict...
11/25/2002 01-3454

US v. MONK

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Defendant failed to satisfy his burden of establishing entitlement to a role-in-the-offense reduction under U.S.S.G. section 3B1.2, based on his role...
11/25/2002 01-3982

VIKING SUPPLY v. NAT'L CART CO., INC.

United States Eighth Circuit
Commercial Law, Contracts
Summary judgment for defendant on a breach of distributorship contract claim was proper based upon the doctrine of frustration of purpose. Defendant...
11/22/2002 01-2053

US v. BROWN

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Evidence was sufficient to support drug convictions, and district court did not err in 1) calculating the amount of drugs involved in the offenses, or...
11/22/2002 01-3952

WILLIAMS v. WATKINS MOTOR LINES, INC.

United States Eighth Circuit
Labor & Employment Law
Plaintiffs' joint refusal to accept a truck they contended was overloaded was not concerted action within the meaning of 29 U.S.C. section 157, and...
11/20/2002 02-1249