Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

Plaintiffs, three individuals who purchased oil filters designed by K&N, seek to represent a nationwide class of all purchasers of three styles of K&N oil filters that they allege share a common defect, although most proposed class members had oil filters that never exhibited the alleged defect.The Eighth Circuit affirmed the district court's finding that plaintiffs failed to plausibly allege the amount in controversy exceeded $5 million and therefore lacked jurisdiction under the Class Action Fairness Act. The court concluded that the class members whose oil filters never failed have not sustained injury or damages and cannot assist plaintiffs in meeting the $5 million jurisdictional threshold. Therefore, without these losses to aggregate, plaintiffs do not not plausibly allege an amount in controversy in excess of $5 million. View "Penrod v. K&N Engineering, Inc." on Justia Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to distribution of child pornography and the district court's imposition of the challenged special conditions of supervised release. However, the court remanded for the district clerk of court to amend the judgment as it relates to certain conditions of supervised release.The court concluded that defendant's sentence is not substantively unreasonable where the district court did not abuse its discretion by giving greater weight to the aggravating factor of an intended hands-on offense than it did to the mitigating factors argued by defendant; the district court considered all relevant factors; the district court did not consider any irrelevant or improper factors; and the district court imposed a sentence only after carefully weighing all the appropriate information before it. The court also concluded that, by conditionally reserving the right to appeal "the sentence," defendant conditionally reserved the right to appeal the special conditions of supervised release. The court further concluded that, while the district court acted within its discretion when imposing the special conditions, the written judgment is not entirely consistent with the district court's oral pronouncement at sentencing. Accordingly, the court directed the district court to amend the judgment. View "United States v. Adams" on Justia Law

Following the death of five members of the Pals family in a car accident in a construction zone after defendant drove his semi-truck into the back of the Pals' vehicle, plaintiffs filed a wrongful death and negligence action against defendant, his employer, and two contractors involved in the highway construction project, IHC and Sawyer.The Eighth Circuit affirmed the district court's grant of summary judgment in favor of IHC and Sawyer, concluding that, even if IHC and Sawyer owed a duty to the Pals, and even if they breached that duty (questions the district court did not decide), the negligence claim against the two contractors would necessarily fail because defendant's negligence in causing the accident was an efficient intervening cause under Nebraska law. The court also concluded that the district court did not abuse its discretion in denying plaintiffs' motion to stay. View "Pals v. Weekly" on Justia Law

In 2017, Andeavor agreed with the Mandan, Hidatsa, and Arikara Nation, known as the Three Affiliated Tribes, to renew the right-of-way over tribal lands, and to pay trespass damages for continued operation of an oil pipeline after expiration. Andeavor then began renewal negotiations with individual Indian landowners. In 2018, the Allottees filed a putative class action seeking compensatory and punitive damages for ongoing trespass and injunctive relief requiring Andeavor to dismantle the pipeline. The district court granted Andeavor's motion to dismiss, concluding that the Allottees failed to exhaust administrative remedies with the Bureau of Indian Affairs (BIA).The Eighth Circuit concluded that the case turns on issues sufficiently within the primary jurisdiction of the BIA to warrant a stay, rather than dismissal, to give the BIA opportunity to take further action. Accordingly, the court reversed the district court's judgment and remanded for further proceedings. The court denied the Allottees' motion to dismiss Robin Fredericks as a plaintiff. View "Chase v. Andeavor Logistics, L.P." on Justia Law

The Eighth Circuit affirmed the district court's 96-month sentence imposed, on remand, based on defendant's probation violation after he pleaded guilty to possession of child pornography. The court has previously held that, on revocation of probation, a sentence that falls within the original Sentencing Guidelines range for the underlying crime of conviction is presumptively reasonable. The court explained that, where, like here, the district court imposed a sentence below the original Guidelines range, it is nearly inconceivable that the district court abused its discretion in not varying downward still further. In this case, the district court, aware of defendant's Asperger's diagnosis and its tendency to impair individuals' insight and cause fixation problems, decided to give greater weight to the risk to the public arising from defendant's fascination with violence against children and his persistent attraction to child pornography. The court concluded that the district court did not abuse its discretion and defendant's sentence was not substantively unreasonable. View "United States v. Michael" on Justia Law

The Eighth Circuit concluded that HomeServices waived its right to arbitrate after actively litigating this case in federal court for nearly a year. The court also concluded that, under circuit precedent, the issue of whether a party has decided to substantially invoke the litigation machinery is a question for the court, rather than the arbitrator, to answer. In this case, the company failed to do all it could reasonably have been expected to do to make the earliest feasible determination of whether to proceed judicially or by arbitration. View "Sitzer v. National Association of Realtors" on Justia Law

After settling with the liability carrier, plaintiff filed an Underinsured Motorist (UIM) claim with her insurer, Farmers. Farmers made a settlement offer that was rejected by plaintiff when she presented a significantly higher counteroffer. In response to the counteroffer, Farmers continued its investigation by requesting updated medical documents and informing plaintiff that she needed to submit to an examination under oath (EUO). Plaintiff refused and filed this action.The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Farmers, concluding that, by commencing suit, plaintiff materially breached the cooperation clause with Farmers. The court explained that nothing in the language of the policy draws a distinction between an initial investigation or a reopened investigation, and plaintiff has cited nothing in either her policy or Missouri law supporting her claim that her duty to cooperate was extinguished under these circumstances. Furthermore, plaintiff waived her argument that she was excused from waiving her duty to cooperate and the evidence does not support her claim that Farmers waived its right to request an EUO. The court concluded that when plaintiff failed to submit to the requested EUO, she prevented Farmers from continuing its investigation of her claim. Consequently, her refusal prejudiced Farmers. Finally, the record demonstrates that Farmers was reasonably diligent in its decision to require plaintiff's participation at an EUO. View "McClune v. Farmers Insurance Co., Inc." on Justia Law

Plaintiffs, vehicle owners, filed suit alleging that State Farm violated Arkansas Insurance Rule 43, which governs loss settlements, and thus committed fraud in the inducement, breached their contracts, acted in bad faith, and engaged in an unconscionable, false, or deceptive act or practice in violation of the Arkansas Deceptive Trade Practices Act (ADTPA). Plaintiffs' claims stemmed from State Farm's use of a computer-generated vehicle valuation report to determine cash settlement amounts for the vehicle owners' automobiles' total losses. After removal to federal court, the district court dismissed the claims based on its finding that Rule 43 did not provide a private right of action.The Eighth Circuit affirmed on different grounds, concluding that State Farm's settlement practice complied with Section 10(a)(3) of Rule 43. Therefore, the vehicle owners have failed to state a claim. The court explained that Section 10(a)(3) does not require insurers to justify their deviation from the methods prescribed in Section 10(a)(2). Rather, the Rule requires only that insurers thoroughly document any value deductions when they deviate from Sections 10(a)(1) and (2). In this case, State Farm's valuation reports, which are attached to the vehicle owners' complaint, clearly set forth the itemized deductions and additions in compliance with Section 10(a)(3). Furthermore, the report fully explained the basis for the final settlement amounts. View "Moffitt v. State Farm Mutual Auto Insurance Co." on Justia Law

After child abuse investigators removed seven minor children from their home, plaintiffs filed suit under 42 U.S.C. 1983, alleging claims against the Governor, DHS, Garland County, and numerous employees of the State and Garland County in their official and individual capacities. The district court dismissed the official capacity claims and granted qualified immunity on all individual capacity claims but one. The district court subsequently granted Defendant Finnegan and Garland County's motions for summary judgment and dismissed all claims with prejudice.The Eighth Circuit affirmed and concluded that the district court properly applied the Heartland test and found that the existence of exigent circumstances justified the taking of the children. Moreover, the removal was ordered in executing a warrant issued by a magistrate who was advised removal was intended. Even if the Fourth Amendment applies in this situation, defendants are entitled to qualified immunity because it was not clearly established in the Eighth Circuit when the children were removed from their home. In regard to post removal proceedings, the court concluded that Finnegan was entitled to qualified immunity where plaintiffs introduced no evidence that Finnegan's find true determination and testimony in administrative and judicial proceedings were "fabricated" or came anywhere near this level of conscience-shocking behavior. View "Stanley v. Hutchinson" on Justia Law

Plaintiffs, female truck drivers, filed suit against CRST alleging Title VII claims of retaliation and hostile work environment on behalf of themselves and all others similarly situated, as well as individual constructive discharge claims on behalf of themselves. The district court granted summary judgment in favor of CRST on the class and individual retaliation claims, as well as on the individual hostile work environment and constructive discharge claims.The Eighth Circuit concluded that CRST's removal policy does not constitute per se retaliation. With respect to the pre-2015 members of the class, the court concluded that the removal policy led to a net decrease in the women's pay; the removal policy was materially adverse; but there was no direct evidence that CRST had any motivative discriminatory bias. With respect to the post-2015 members of the class, the court concluded that these members were subject to adverse employment and the district court should address in the first instance the question whether direct or circumstantial evidence establishes that CRST took this adverse employment action in retaliation for the post-2015 class members' Title VII-protected activity.In regard to plaintiffs' individual hostile work environment claims, the court concluded that Plaintiff Fortune has not created a genuine factual dispute whether CRST's response was actionably deficient; plaintiffs have not established the existence of a genuine dispute of material fact whether CRST knew or should have known about ongoing coworker-on-coworker harassment and thereafter failed to take prompt remedial action that was reasonably calculated to end it; and plaintiffs have failed to show such discrimination on the part of CRST itself and therefore have failed to show that the employer created intolerable working conditions or took otherwise discriminatory action. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Sellars v. CRST Expedited, Inc." on Justia Law