United States Eighth Circuit - November 2006 Opinion Summaries

US v. Blackford

Criminal Law & Procedure, Sentencing
A sentence for drug-related offenses is vacated pursuant to the government's claims of error as to a downward variance where the district court gave...

In re: Canadian Import Antitrust Litig.

Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Drugs & Biotech, International Law, International Trade
Dismissal of federal antitrust and state law claims brought by plaintiffs, consumers and organizations who purchased prescription drugs from defendant...

US v. Harrison

Criminal Law & Procedure, Sentencing
Denial of a motion to amend a motion to correct, vacate, or set aside defendant's sentence under 28 U.S.C. section 2255 is reversed where the record...

Evenstad v. Carlson

Criminal Law & Procedure, Evidence, Habeas Corpus
In a criminal sexual conduct case, denial of habeas relief for petitioner and dismissal of his 28 U.S.C. section 2254 petition are affirmed over...

Mohamed v. Gonzales

Administrative Law, Constitutional Law, Criminal Law & Procedure, Immigration Law
In an as-applied constitutional challenge to the REAL ID Act brought by petitioner, a mentally-ill Somalian illegal alien convicted in the U.S. of...

Celaj v. Gonzales

Administrative Law, Immigration Law
Petition for review of an order of the BIA that affirmed an IJ's denial of their application for asylum, withholding of removal, and protection under...

Mohamed v. Gonzales

Administrative Law, Constitutional Law, Criminal Law & Procedure, Evidence, Immigration Law
Petition for review of denial of relief under the Convention Against Torture is denied is denied where: 1) petitioner's as-applied constitutional...

Celaj v. Gonzales

Administrative Law, Immigration Law
A petition for review of a denial of asylum is denied where an IJ's decision not to credit Albanian petitioner's claims of persecution was reasonable,...

Saab v. Home Depot U.S.A., Inc.

Civil Procedure, Class Actions
The review provisions of 28 U.S.C. section 1453(c) are limited to class actions brought under the Class Action Fairness Act (CAFA), 28 U.S.C. section...

Pro Serv. Auto., L.L.C. v. Lenan Corp.

Evidence, Injury & Tort Law, Product Liability
Summary judgment for defendant on plaintiffs' strict products liability and breach of implied warranty claims against heater manufacturer is affirmed...