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

The Eighth Circuit denied the petition for review of the BIA's dismissal of petitioner's appeal from the IJ's order denying her request for withholding of removal under section 241(b)(3)(A) of the Immigration and Nationality Act and protection under the Convention Against Torture (CAT). In this case, petitioner feared extortion and death if she returned to Guatemala.The court held that, assuming family constitutes a particular social group, substantial evidence supported the finding that petitioner's family membership is not a central reason for the persecution she fears in Guatemala. The court also held that substantial evidence supported the BIA's conclusion that it is not likely that petitioner will suffer torture by or with the consent or acquiescence of a public official in Guatemala. View "Silvestre-Giron v. Barr" on Justia Law

After the jury returned a verdict in favor of Cuker on its claims against Walmart for breach of contract, unjust enrichment, and misappropriation of trade secrets, the district court reduced the amount of damages awarded by the jury and entered judgment in favor of Cuker. The district court subsequently further reduced the damages awarded to Cuker on the ground that Cuker presented insufficient evidence to demonstrate it undertook reasonable efforts to maintain the secrecy of three of the four alleged trade secrets. Finally, the district court found in favor of Cuker on all other issues.The Eighth Circuit affirmed the district court's judgment, holding that the evidence in the record supported the jury's finding that Cuker took reasonable efforts to protect only one of the alleged trade secrets, the Adobe Source Files; because Cuker failed to take reasonable steps to protect the other three alleged trade, that information was not subject to protection under the Arkansas Trade Secrets Act (ATSA); evidence in the record established that Walmart used improper means to acquire Cuker's Adobe Source Files and that it did so wilfully and maliciously; there was no error in the district court's analysis or conclusions on the reduction in damages based on Cuker's failure to establish proximate cause; and Walmart's argument that the contract granted Walmart a perpetual and irrevocable license was without merit.The court also held that the district court properly instructed the jury on material breach of contract; the record supported the jury's finding that Walmart's acts, hindrances, or delays excused Cuker's performance; sufficient evidence supported the conclusion that Walmart engaged in intentional wrongdoing; it was permissible under the ATSA for the district court to enter a injunction; and there was no error in denying Walmart's motion for a new trial. View "Walmart, Inc. v. Cuker Interactive, LLC" on Justia Law

Plaintiff filed suit against Vermeer in Missouri state court, alleging that he was injured while operating a Vermeer wood chipper. After Vermeer successfully removed to federal court, the district court denied plaintiff's motions to remand and for leave to amend, granting summary judgment to Vermeer.The Eighth Circuit affirmed, holding that the district court did not improperly remove the case where plaintiff voluntarily dismissed the only nondiverse party that was in the case at the time. Furthermore, even if the district court did not err, plaintiff could not get the relief he sought in light of Caterpillar Inc. v. Lewis, 519 U.S. 61, 64 (1996). The court also held that plaintiff failed to sufficiently establish good cause and the district court was well within its discretion to deny the motion for leave to amend his complaint to add a claim of agency liability against Vermeer. Finally, the court held that the district court did not err in granting summary judgment on the products liability and failure to warn claims. In this case, the record clearly established that Vermeer did not manufacture the winch attachment that injured plaintiff. View "Ellingsworth v. Vermeer Manufacturing Co." on Justia Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of conspiracy to distribute cocaine base. The court held that the district court did not clearly err in determining that defendant's prior Iowa drug convictions increased his statutory maximum and made him a career offender. The court also held that the district court did not err in making defendant's federal sentence consecutive to any term of imprisonment Iowa might impose for violating the conditions of his parole. View "United States v. Snow" on Justia Law

The Eighth Circuit affirmed the bankruptcy appellate panel's judgment upholding the bankruptcy court's determination that debtor's interest in his ex-wife's IRA and 401(k) retirement accounts that were awarded to him after the dissolution of marriage were not exempt as retirement funds. The court explained that debtor's interest in his ex-wife's IRA and 401(k) accounts lacked most of the legal characteristics of ordinary "retirement funds." View "Lerbakken v. Sieloff and Associates, P.A." on Justia Law

Trustees of three employee benefit funds filed suit against Charps and others, alleging that defendants breached collective bargaining agreements by not contributing to the employee benefit funds for work performed by the affiliates, in violation of the Employee Retirement Income Security Act (ERISA). The district court granted summary judgment to defendants, awarding them attorney's fees and costs.The Eighth Circuit held that defendants did not owe contributions for the affiliates' work where the trustees have not shown a genuine issue that the defendant companies formed a relationship of alter ego, joint venture, or joint enterprise. Furthermore, the collective bargaining agreements did not require defendants to contribute for the work of Charps' affiliates. The court also held that the trustees did not meet their burden in opposing summary judgment on their claim that the district court failed to address Charps' liability for contributions based on its own employees' work, and the district court did not abuse its discretion in denying, as duplicative, the trustees' motion to compel production of the spreadsheets.Accordingly, the court affirmed the judgment in 18-3007, but reversed and remanded in 19-1206. On remand, the district court should award costs that are taxable under 28 U.S.C. 1821 and 1920. In regard to the nontaxable costs, the district court may determine whether they may be awarded as attorney's fees. View "Johnson v. Charps Welding & Fabricating, Inc." on Justia Law

The Eighth Circuit affirmed defendant's convictions for conspiring to defraud the United States and willfully aiding and assisting in the filing of a false tax return. The court held that there was probable cause to issue the warrant to search defendant's tax return business. Furthermore, even without the statements that defendant disputes, the affidavit still established probable cause to search the office. In this case, the affidavit provided a detailed description of the unusual pattern of returns and the record supported the magistrate judge's conclusion that, taken together, the circumstances described in the affidavit were sufficient to establish probable cause. The court also held that the government's improper argument, which rebutted an argument that was not even raised to a witness, could not have reasonably affected the jury's determination.However, the court vacated defendant's sentence, holding that the government failed to carry its burden of proof and the district court erred by imposing a four-level sentencing enhancement under USSG 3B1.1(a), for being an organizer or leader of a criminal activity. View "United States v. Keleta" on Justia Law

Pitchblack and Whitetail filed suit against Hess, alleging that their overriding royalty interests in a number of oil and gas leases should continue to burden various top leases that Hess acquired over the subject leases.The Eighth Circuit affirmed the district court's grant of summary judgment for Hess, holding that Hess did not owe Pitchblack or Whitetail any fiduciary duty that would have required Hess to treat the top leases as extensions or renewals. Based on North Dakota law and the lack of any fiduciary duties expressed in the parties' agreement, the court held that Hess did not owe Pitchblack and Whitetail any fiduciary duty to extend or renew the subject leases. Consequently, Pitchblack and Whitetail's argument that the top leases were extensions or renewals of the subject leases based on a fiduciary duty fails. The court also held that the district court correctly concluded that the top leases were not extensions or renewals of the subject leases. Therefore, because the top leases were new leases, the extension or renewal clause did not attach the overriding royalty interests to the top leases. The court held that the top leases were thus not burdened by the overriding royalty interests. View "Hess Bakken Investments II, LLC v. Whitetail Wave" on Justia Law

After defendant pleaded guilty to assaulting a federal agent and damaging an aircraft in the special aircraft jurisdiction of the United States, the district court sentenced him to 60 months in prison and ordered him to pay restitution for the government's actual loss. In this case, defendant opened fire on a CBP helicopter, injuring a sheriff's deputy and causing extensive damage to the helicopter.The Eighth Circuit affirmed the district court's judgment, holding that the district court did not abuse its discretion by granting an extension of time to finally determine the amount of restitution because the extension did not prejudice defendant's ability to challenge the government's restitution claim; the district court did not clearly err in finding that defendant's offense caused the claimed losses; and the district court did not clearly err in finding that the government substantiated its claim for restitution in the amount of $19,619.45. View "United States v. Clausen" on Justia Law

Ambassador Press filed suit against Durst Image for fraud, alleging that the printing press that was purchased from Durst Image did not have the speed or durability Durst Image represented at the time of the purchase.The Eighth Circuit affirmed the district court's grant of Durst Image's motion to dismiss, holding that the district court correctly determined that Ambassador Press did not plausibly allege common law fraud. The court also held that the district court properly determined that reliance was not pleaded with particularity and properly granted the motion to dismiss. View "Ambassador Press, Inc. v. Durst Image Technology U.S., LLC" on Justia Law