United States Eighth Circuit - February 2005 Opinion Summaries

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Description Date Docket #

DOSSETT v. FIRST STATE BANK

United States Eighth Circuit
Civil Rights, Constitutional Law, Injury & Tort Law, Labor & Employment Law
In a wrongful termination dispute, the district court did not abuse its discretion in setting aside a jury verdict of $1.5 million, in favor of...
02/28/2005 03-2624

US v. MORIN

United States Eighth Circuit
Criminal Law & Procedure, Indian Law
Defendant's conviction for embezzlement from an Indian organization is affirmed where the evidence was sufficient to show that Turtle Mountain Band of...
02/28/2005 03-1781

NEBRASKA BEEF v. GREENING

United States Eighth Circuit
Administrative Law, Government Law, Injury & Tort Law
A Bivens remedy, which allows for tort recovery against federal officials directly under the Constitution, is not available in an action alleging that...
02/28/2005 04-1918

IN RE: L'HEUREUX

United States Eighth Circuit
Bankruptcy Law, Debt Collection, Injury & Tort Law, Property Law & Real Estate
A six-day delay in removing a notice of foreclosure sale, following the cancellation of the sale, is not a violation of the automatic stay provision...
02/25/2005 04-6060

STIDHAM v. MINNESOTA MINING

United States Eighth Circuit
Civil Rights, Labor & Employment Law
Summary judgment against plaintiff's age discrimination claims is affirmed where neither plaintiff's statistical evidence nor her circumstantial...
02/25/2005 04-1277

ELISERIO v. UNITED STEELWORKERS

United States Eighth Circuit
Civil Rights, Labor & Employment Law
Summary judgment against plaintiff's hostile work environment claim is reversed where a reasonable jury could find that defendant-Union actively...
02/24/2005 03-3888, 03-3950

INDEP. DRIVERS ASS'N v. NEW PRIME INC.

United States Eighth Circuit
Attorney's Fees
The attorneys' fees provisions of 49 U.S.C. Sec. 14704(e) do not create a right for prevailing defendants to recover attorneys' fees.
02/24/2005 04-1788

KEMP v. BUMBLE BEE SEAFOODS, INC.

United States Eighth Circuit
Intellectual Property, Trademark
(Industry: Consumer Products)

In a trademark dispute, summary judgment in favor of plaintiff is reversed where plaintiff's use of the "Louis Kemp" mark on wild rice products...
02/23/2005 02-3797

US v. THOMAS

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Defendant's drug conviction is affirmed over his challenges to the admission of two prior drug convictions into evidence, and the imposition of a...
02/23/2005 04-2478

US v. SELWYN

United States Eighth Circuit
Criminal Law & Procedure, Sentencing
Defendant's drug conviction is affirmed; however, his sentence violated the Sixth Amendment since it was based on drug quantity findings that were not...
02/23/2005 04-2164