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

The district court granted in part petitioner's motion to vacate his drug-related conviction and sentence under 28 U.S.C. 2255, based on ineffective assistance of counsel. The district court ordered the government to reoffer an earlier plea deal. The Eighth Circuit held that the district court clearly erred in finding that petitioner suffered from mental illness that impaired his ability to understand legal advice and make reasoned decisions; the district court erred in finding that counsel should have known that petitioner was not able to understand legal advice or make reasoned decisions; the district court's finding that counsel's communication style did not mesh well with petitioner's difficulties did not provide a basis for ineffective assistance of counsel; the district court did not err in finding counsel deficient in failing to explain the safety-valve exception; and the district court erred in directing the government to reoffer the five-year deal. Accordingly, the court vacated and remanded for the district court to determine whether petitioner was prejudiced by the safety-valve advice. View "Davis v. United States" on Justia Law

Plaintiff filed suit against Fairview, alleging that the company made unauthorized telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The Eighth Circuit affirmed the district court's grant of Fairview's motion to dismiss, holding that whether consent is an affirmative defense is irrelevant to the Rule 12(b)(6) inquiry; the exhibits at issue were documents embraced by the pleadings that may be considered by the court; the district court did not commit plain error in concluding that the documents were properly authenticated documents reflecting an aspect of the parties' contractual relationship; given the contractual relationship alleged in the complaint, the district court did not err in considering the documents as reflecting plaintiff's pre-purchase consent; and Fairview's telemarketing calls were within the scope of the consent established. View "Zean v. Fairview Health Services" on Justia Law

Petitioner appealed the denial of his 28 U.S.C. 2255 motion to vacate, set aside, or correct his criminal sentence. Petitioner was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based on predicate offenses for possession with intent to distribute crack cocaine and two Nebraska felony convictions for making terroristic threats (one as a juvenile and one as an adult). The Eighth Circuit affirmed and held that the Nebraska statute qualifies under the ACCA force clause; an act of juvenile delinquency cannot qualify as a violent felony under any clause of the ACCA, including the residual clause, unless the court first determines that it involved the use or carrying of a firearm, knife, or destructive device; that question is completely separate from the question of whether the juvenile conviction is an enumerated offense or qualifies under the force clause; the court sua sponte determined that petitioner's claim that his juvenile offense did not involve the use or carrying of a firearm, knife, or destructive device is procedurally defaulted; and even if the theoretical possibility exists that the Nebraska statute could encompass threats only to property, petitioner has not demonstrated a realistic probability that Nebraska would apply the statute in that manner. View "Fletcher v. United States" on Justia Law

Defendant appealed his 235 month sentence after pleading guilty to possession with intent to distribute 50 grams or more of methamphetamine. The Eighth Circuit affirmed, holding that the district court committed no procedural error where it specifically addressed the 18 U.S.C. 3553(a) factors raised by defendant; the within-Guidelines sentence was presumptively reasonable; and the district court did not abuse its discretion in sentencing defendant where the sentencing practices of one district court are not a reference point for other courts. View "United States v. Soliz" on Justia Law

Plaintiff filed suit against Scottsdale for coverage under a Business and Management Indemnity Policy. The Eighth Circuit affirmed the district court's grant of summary judgment to Scottsdale, holding that Food Market presented no evidence providing notice over seven months was "as soon as practicable." Where, as here, notice is a condition precedent to coverage, a showing of prejudice was not required. Finally, the district court properly found the policy unambiguous; Scottsdale expressly relied on the notice provision when denying coverage; and there was no waiver. View "Food Market Merchandising v. Scottsdale Indemnity" on Justia Law

After plaintiff's son was denied coverage related to gender reassignment services and surgery, plaintiff filed suit against Essentia and the health insurance plan's third party administrator for sex based discrimination in violation of Title VII of the Civil Rights Act of 1964, the Minnesota Human Rights Act (MHRA), and the Affordable Care Act (ACA). The Eighth Circuit held that plaintiff was not discriminated against on the basis of her own sex, and the protections of Title VII and the MHRA do not extend to discrimination based on her son's sex. Therefore, the court affirmed as to this issue. The court reversed the district court's dismissal of plaintiff's ACA claim based on lack of Article III standing, holding that plaintiff has alleged an injury cognizable under Article III because she contends that defendants' discriminatory conduct denied her the benefits of her insurance policy and forced her to pay out of pocket for some of her son's prescribed medication. View "Tovar v. Essentia Health" on Justia Law

This case arose from Martin Sigillito's Ponzi scheme known as the British Lending Program (BLP). Plaintiffs, seeking to recoup losses due to the BLP, filed suit against St. Louis Bank, alleging violations of Missouri's Uniform Fiduciaries Law (UFL); aiding and abetting the breach of Sigillito's fiduciary duties; conspiracy to breach Sigillito's fiduciary duties; and conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(d). The Eighth Circuit held that the district court properly denied summary judgment to plaintiffs on their UFL claim where plaintiffs have failed to show that St. Louis Bank had actual knowledge that Sigillito misappropriated fiduciary funds; that St. Louis Bank acted in bad faith; and that St. Louis Bank knew that Sigillito was using the fiduciary funds for his personal benefit. The court also held that plaintiffs' common-law and RICO claims failed because the evidence did not create any genuine issues of material fact. Accordingly, the court affirmed the judgment. View "Rosemann v. St. Louis Bank" on Justia Law

Plaintiff filed suit against Frederick Tucker and the county sheriff, alleging unlawful retaliation after she supported a different candidate in an election for presiding judge. The Eighth Circuit affirmed the district court's denial of summary judgment to Tucker based on qualified immunity, holding that plaintiff provided sufficient evidence for a reasonable fact finder to conclude that Tucker violated plaintiff's right to support an electoral candidate of her choice. Furthermore, the First Amendment right was clearly established at the time. View "Jenkins v. Tucker" on Justia Law

Plaintiffs filed suit alleging that SWE's fracking waste migrated onto their property. The district court granted summary judgment for SWE. The Eighth Circuit held that the district court properly imposed initial limits on discovery; the district court abused its discretion in excluding plaintiff's expert report because, although the expert's equation and report imperfectly described where the fracking waste spread, the methodology was scientifically valid, could properly be applied to the facts of this case, and thus was reliable to assist the trier of fact; and, even without the expert's opinion, plaintiffs presented evidence that could support a reasonable inference that the fracking waste migrated across their property line. Accordingly, the court reversed and remanded for further proceedings. View "Stroud v. Southwestern Energy" on Justia Law

After he was injured while working on MNA's railroad tracks, plaintiff and his wife filed suit against MNA under the Federal Employers' Liability Act (FELA) and under Arkansas state law. The Eighth Circuit affirmed the district court's grant of MNA's motion for summary judgment, holding that no reasonable jury could find that MNA controlled or had the right to control plaintiff's work. In this case, NARS was the sole entity that had the right to control plaintiff's work. NARS hired plaintiff, trained him, and sent him to do maintenance work on railroads. MNA did not have a duty to warn plaintiff of the well-known dangers of rip-rap, and thus plaintiff's negligence claim failed as a matter of law. View "Royal v. MO & Northern AR Railroad" on Justia Law