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

The Bankruptcy Appellate Panel affirmed the bankruptcy court's judgment determining that SMC's claim against debtor was nondischargeable. The panel held that the bankruptcy court's finding that SMC was the proper party holding the claim against debtor was not clearly erroneous. In this case, the bankruptcy court permissibly viewed the evidence as demonstrating that Vinco was only acting on SMC's behalf and that SMC was the real party in interest. View "SMC Holdings v. McCann" on Justia Law

The Eighth Circuit affirmed the district court's denial of OGT's motion for attorney's fees in a quiet title action. The court held that North Dakota Century Code 35-24-19 does not provide for an award of attorney's fees to the prevailing party in a quiet title action. The court held that the statute was not ambiguous and the court need not address OGT's public policy arguments. View "Oil & Gas Transfer LLC v. Karr" on Justia Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possession with intent to distribute methamphetamine, cocaine, and marijuana. The court held that the district court did not erroneously calculate defendant's base offense level where it expressly applied the career offender guidelines in USSG 4B1.1, not the Drug Conversion Tables. The court also held that defendant's below-Guidelines sentence was not substantively unreasonable, and the district court did not abuse its discretion in sentencing him to 188 months in prison. View "United States v. Nation" on Justia Law

The Eighth Circuit affirmed the district court's grant of summary judgment in favor of OGT in an action brought by the oil field construction company to quiet a pipeline title based on defendant's ineligibility to claim a lien under North Dakota Century Code 35-24-04. The court agreed with the district court that defendant was an employee, rather than an independent contractor, and that section 35-24-04 does not confer lien rights upon employees.In this case, the factors that indicated that defendant was an employee include, among other things, that defendant earned a weekly salary that OGT paid him regardless of the number of hours, amount of work, or number of projects he completed; defendant completed a W-4 to indicate his tax withholdings; OGT withheld and paid employment taxes on defendant's wages and reported his income to him and the IRS on a Form W-2; OGT offered defendant regular employment benefits; and he worked full-time for OGT and no one else. View "Oil & Gas Transfer LLC v. Karr" on Justia Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded to being a felon in possession of a firearm. The court held that defendant's prior Missouri conviction for second degree robbery constituted a crime of violence under USSG 4B1.2(a), because it requires the use or threatened use of violent force. The court construed "violent felony" under the Armed Career Criminal Act and "crime of violence" under the Sentencing Guidelines as interchangeable. Likewise, the court also held that defendant's prior conviction for attempted second degree assault constituted a crime of violence under section 4B1.2(a). View "United States v. Parker" on Justia Law

The Eighth Circuit affirmed defendant's conviction for conspiracy to distribute one kilogram or more of PCP and life term of imprisonment. The court held that the evidence was sufficient to show that defendant knew the parcels he sent from California to Kansas City contained cans of PCP, and the evidence also corroborated the testimony of the cooperating witnesses.The court also held that, even if the district court erred by imposing a two-level sentencing enhancement under USSG 3C1.1 for obstruction of justice, the error was harmless. In this case, the sentencing judge based the sentence on factors independent of the Sentencing Guidelines and thus any miscalculation of defendant's Guidelines sentence was harmless. View "United States v. Hamilton" on Justia Law

The Eighth Circuit affirmed the district court's dismissal of an action brought by an investor, alleging that Missouri fraudulently induced a loan between the investor and EngagePoint and illegally discriminated against EngagePoint. The court held that the investor failed to plead fraud with particularity.The court also held that the investor's unlawful discrimination claims failed because it has failed to identify any impaired contractual relationship under which it had rights, and 42 U.S.C. 1981 does not allow the investor to sue on EngagePoint's behalf. Similarly, the investor failed to state a discrimination claim under Title VI of the Civil Rights Act of 1964. View "FCS Advisors, LLC v. Missouri" on Justia Law

The Eighth Circuit denied the company's petitions for review and enforced the Board's order determining that the company unlawfully suspended an employee for engaging in protected concerted activity in violation of the National Labor Relations Act. The court held that there were multiple indications of discriminatory motive here where the company abruptly indicated its hostility to the employee's behavior by sending him home after his repeated refusal to work.The court also held that the burden shifted to the company to prove that it would have taken the same action absent the protected activity. In this case, the ALJ did not credit the company's allegation that the employee misbehaved and therefore did not credit its defense. In light of the circumstances, the court held that this case did not involve extraordinary circumstances justifying the reversal of the ALJ's credibility findings. Therefore, there was substantial evidence that the company committed a labor violation. Finally, the ALJ and Board did not err by denying the company's motions to reopen the record. View "St. Paul Park Refining Co., LLC v. NLRB" on Justia Law

MDI, a Minnesota nonprofit organization, and one of its members filed suit under Title III of the Americans with Disabilities Act, seeking declaratory and injunctive relief. The Eighth Circuit affirmed the district court's motion to dismiss the action based on res judicata grounds, because the action was precluded by the final judgment on the merits in a prior suit by MDI and one of its members. The court explained that the dismissal of the second suit was a product of MDI's decision to assert associational standing claims as a co-plaintiff on behalf of its members in the MDI-Testa suit and then to dismiss its representational claims on the merits. The court noted that the only nonparty individuals bound by these tactics are members of MDI at the time. View "Midwest Disability Initiative v. JANS Enterprises, Inc." on Justia Law

The Eighth Circuit denied the petition for review of the BIA's decision denying petitioner and her children and mother asylum and withholding of removal. The court held that substantial evidence supported the BIA's determination that petitioners did not experience past persecution or face the requisite risk of future persecution on account of a protected basis. In this case, petitioner did not belong to the asserted particular social group of "women who are in abusive relationships in Mexico that they can't leave." Furthermore, substantial evidence supported the BIA's determination that the mother was not persecuted on account of her familiar relationship with petitioner. Finally, the BIA did not err in denying withholding of removal where an alien who fails to prove eligibility for asylum cannot meet the burden of withholding of removal. View "Wences Godinez v. Barr" on Justia Law