United States Eighth Circuit - November 2009 Opinion Summaries

US v. Linderman

Criminal Law & Procedure, Sentencing
Defendant's carjacking and firearm possession sentence is affirmed where: 1) the district court gave adequate consideration to the allegedly...

Gross v. FBL Fin. Servs., Inc.

Civil Rights, Labor & Employment Law
In an Age Discrimination in Employment Act (ADEA) action claiming that defendant demoted plaintiff because of his age, judgment for plaintiff is...

Myers v. Lutsen Mountains Corp.

Contracts, Injury & Tort Law, Sports Law
In a tort action arising out of injuries sustained by plaintiff while skiing on defendant's mountain, summary judgment for defendant is affirmed...

US v. Pena-Ponce

Criminal Law & Procedure, Evidence
Defendant's drug possession conviction is affirmed where: 1) because the police developed reasonable suspicion while conducting the normal tasks...

Braden v. Wal-Mart Stores, Inc.

Civil Procedure, ERISA, Labor & Employment Law
In an ERISA action claiming that defendant benefit plan administrator (Wal-Mart) failed adequately to evaluate the investment options included in the...

Ladyha v. Holder

Administrative Law, Immigration Law
In asylum proceedings involving a native of Belarus, petition for review of the BIA's denial of the asylum application is denied where: 1) petitioner...

US v. Wood

Criminal Law & Procedure, Sentencing
Defendant's sentence for sending threatening communications to a judge is affirmed where: 1) the district court reviewed defendant's mental health...

Kipkemboi v. Holder

Administrative Law, Immigration Law
Petition for review of the BIA's order denying Kenyan petitioners' application for asylum is denied where: 1) because petitioner did not establish...

US v. Moser

Asset Forfeiture, Attorney's Fees, Civil Procedure, Criminal Law & Procedure, Government Law
In a petition for attorney's fees pursuant to the Civil Asset Forfeiture Reform Act (CAFRA) after petitioner prevailed in an asset forfeiture...

US v. Parker

Criminal Law & Procedure, Evidence
Defendant's drug possession conviction is affirmed where the district court did not err in finding there was no Fourth Amendment violation in a search...