United States Eighth Circuit - April 2004 Opinion Summaries

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Description Date Docket #

UNION ELEC. CO. v. MISSOURI DEP'T OF CONSERVATION

United States Eighth Circuit
Injury & Tort Law, Public Utilities
Under the Federal Power Act, licensees such as plaintiff are excluded from maintaining an Ex Parte Young action seeking to prevent a State from...
04/30/2004 03-2135

US v. CEDANO-MEDINA

United States Eighth Circuit
Criminal Law & Procedure
(Industry: Autos)

After reviewing the video tape of the traffic stop and the request for consent to search the vehicle, a reasonable person could believe that defendant...
04/30/2004 03-2980

ROBERT v. US

United States Eighth Circuit
Tax Law
District court properly granted summary judgment to government in action to quash third-party summonses issued following improper ex parte...
04/29/2004 03-1603

PETERSEN v. E.F. JOHNSON CO.

United States Eighth Circuit
ERISA, Labor & Employment Law
Breach of contract claim brought by a former employee, who elected not to waive his rights under the old severance benefits plan and thus was not...
04/29/2004 03-1494, 03-1495

US v. RODRIGUEZ-CEBALLOS

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
District court erred in granting a "disproportionate impact" downward departure based on the circumstance of defendant's prior, aggravated felony.
04/29/2004 03-2208

PILGRIM'S PRIDE CORP. v. SIMMONS MILL ELEVATOR ERECTION, INC.

United States Eighth Circuit
Injury & Tort Law, Labor & Employment Law
District court properly applied Texas law to employer's third-party complaint for indemnification, arising from a tort action filed by injured...
04/29/2004 03-1934

LOULOU v. ASHCROFT

United States Eighth Circuit
Immigration Law
The BIA's streamlined review procedure does not violate an alien's due process rights; an alien has no constitutional or statutory right to an...
04/28/2004 02-3004

US v. DEWITT

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Where the government stipulates to a drug quantity and a base offense level, it may not then initiate an effort at sentencing to obtain a greater...
04/28/2004 03-2779

KUHA v. CITY OF MINNETONKA

United States Eighth Circuit
Civil Rights, Criminal Law & Procedure, Injury & Tort Law
Plaintiff's allegation that police officers failed to give him a verbal warning prior to using a police dog trained to bite and hold is sufficient to...
04/27/2004 02-1081

US v. VELAZQUEZ-RIVERA

United States Eighth Circuit
Criminal Law & Procedure
Officers had probable cause to stop and arrest defendant based on a corroborated tip from a confidential informant and defendant's behavior once he...
04/27/2004 03-1185