United States Eighth Circuit - October 2003 Opinion Summaries

HARRIS v. INTERSTATE BRANDS

Civil Rights, Constitutional Law
In an employment discrimination case, summary judgment to defendant is affirmed where it does not violate the Seventh Amendment, and summary judgment...

WHEELER v. MO HIGHWAY & TRANS.

Attorney's Fees, Civil Procedure, Civil Rights, Labor & Employment Law, Sanctions
In an employment discrimination case, the district court's judgment in favor of plaintiff is affirmed where the evidence was sufficient to support...

US v. GILLON

Criminal Law & Procedure
District court is affirmed where defendant's challenges to indictment on the ground it failed to allege drug quantity and factual basis for...

KESSLER v. NAT'L ENTER.

Civil Procedure, Class Actions, Property Law & Real Estate
Class action suit is remanded to the state court from which it was removed, where although the class members' claims in this Arkansas Time-Share Act...

IA 80 GROUP, INC. v. US

Tax Law
Under the gross revenue test, taxpayer's multi-building truck stops were properly characterized as retail convenience stores, rather than retail motor...

HOLDEN FARMS, INC. v. HOG SLAT, INC.

Agriculture, Contracts, Injury & Tort Law, Product Liability
In a case where plaintiffs are suing up the stream of commerce, breach of contract claim was properly dismissed because the one-year limitation for...

VISITING NURSE ASS'N. v. VNA HEALTHCARE, INC.

Contracts, Intellectual Property, Trademark
In an action alleging trade name infringement, the refusal to grant plaintiff's request to enforce a purported settlement agreement is vacated where...

ALLIANT ENERGY v. NE PUB. POWER DIST.

Government Contracts, Public Utilities
District court's order finding defendant in breach of contract for not refunding fees deemed discriminatory by FERC is affirmed, where the agreement...

REINHOLDSON v. STATE OF MINNESOTA

Civil Rights, Class Actions, Education Law, Judgement Enforcement
In regard to a severance order issued in connection with an action under IDEA, the court abused its discretion to the extent that the clerk's judgment...

HARROD v. FARMLAND MUT. INS. CO.

Insurance Law
The district court correctly interpreted a policy provision governing coverage for plaintiffs' stock, and it did not err in determining that certain...