United States Eighth Circuit - December 2005 Opinion Summaries

Same Day Surgery Ctrs., L.L.C. v. Montana Reg'l Orthopedics, L.L.C.

Construction, Contracts, Health Law
Judgment for plaintiff on contract claims involving its construction of an ambulatory surgical center is affirmed where denial of plaintiff's primary...

KCCP Trust v. City of North Kansas City

Civil Procedure, Communications Law, Constitutional Law, Cyberspace Law, Elections, Government Contracts, Government Law
Dismissal for lack of jurisdiction of a suit seeking to enjoin municipal defendant from building a fiberoptic network is affirmed where plaintiff's...

Ace Telephone Assoc. v. Koppendrayer

Administrative Law, Communications Law, Government Law, Public Utilities
Grant of judicial review and declaratory relief as to agency defendant's setting the reciprocal compensation rate carriers pay each other for...

Surgical Synergies, Inc. v. Genesee Assocs., Inc.

Contracts, Corporation & Enterprise Law, Health Law, M&A
Grant of judgment on the pleadings to third-party defendants on an indemnification claim by defendant in a breach of contract case involving a...

US v. Peneaux

Criminal Law & Procedure, Evidence, Indian Law
Defendant's conviction for assault and aggravated sexual abuse of a child is affirmed over his claims of error that there was insufficient evidence to...

Bernitt v. Martinez

Criminal Law & Procedure; Habeas Corpus; Sentencing

Luney v. SGS Auto. Servs., Inc.

Civil Procedure, Injury & Tort Law, Labor & Employment Law
Dismissal of plaintiff's sexual harassment and gender discrimination claims against defendant-employer is affirmed since an earlier dismissal of the...

Lee v. Rheem Mfg. Co.

Administrative Law, Injury & Tort Law, Labor & Employment Law
Summary judgment for defendant-employer on an employment discrimination claim under the Age Discrimination in Employment Act (ADEA) is affirmed where...

US v. Burns

Criminal Law & Procedure, Evidence, Sentencing
Defendant's sentence for conspiracy to distribute methamphetamine and distribution of methamphetamine is remanded for resentencing pursuant to...

Nuzum v. Ozark Auto. Distribs., Inc.

Health Law, Labor & Employment Law, Transportation
Summary judgment for defendant, plaintiff's former employer, on claims under the Americans with Disabilities Act (ADA) is affirmed where plaintiff...