CA8 (7.28.05)
Today the Eighth Circuit issued published opinions covering banking, products liability, immigration, civil rights, evidence, and sentencing. The Court's official summaries are located below the fold.
07/28/05 Alvin L. Phipps v. Guaranty Natl. Bank
U.S. Court of Appeals
Case No. 03-3423
Western District of Missouri
[PUBLISHED] [Riley, Author, with Bowman and Gruender, Circuit Judges] Civil case - Banking. Claim that defendant bank violated Missouri's Second Mortgage Loan Act,(Mo. Rev. Stat. Secs. 480.231-.24) by charging unlawful fees on second mortgage loans was properly removed to federal court as the fees fell within the Office of the Comptroller General's definition of interest, and federal statutes governing national banks create an exclusive cause of action against national banks for usury; state claims were preempted by the national regulatory scheme, and the district court did not err in dismissing the state law-based claim.
Opinion
U.S. Court of Appeals
Case No. 03-3621
Eastern District of Missouri
[PUBLISHED] [Bowman, Author, with Melloy and Benton, Circuit Judges] Civil case - Products liability. District court did not abuse its discretion in permitting plaintiff's expert witness to use charts summarizing injuries suffered by other truck drivers while tying and untying vehicles as the ratchet systems involved in those accidents were substantially similar to the system plaintiff was using when he was injured; district court did not err in refusing to submit a comparative-fault instruction based on plaintiff's failure to adhere to training, as the evidence failed to show either that plaintiff had knowledge and appreciation of the danger involved in using the ratchet system in a manner inconsistent with his training or that his use of the system in a manner inconsistent with his training was voluntary and unreasonable; district court did not err in permitting plaintiff to present evidence of loss of future earnings.
Opinion
U.S. Court of Appeals
Case No. 03-3905
District of Minnesota
[PUBLISHED] Beam, Author, with Smith and Benton, Circuit Judges] Civil case - Medicare. Secretary's decision not to calculate hospitals' Indirect Medical Expense reimbursement from an unreduced Diagnosis Related Group payment was a reasonable and logical interpretation of the statutes involved because it fully reimbursed the hospitals for their costs, including whatever inefficiencies may have arise because of their teaching activities.
Opinion
U.S. Court of Appeals
Case No. 03-4025
Agency [PUBLISHED] [Bye, Author, with John Gibson and Gruender, Circuit Judges] Petition for review - Immigration. Board of Immigration Appeals failed to consider significant evidence supporting petitioner's claim that she feared persecution under China's coercive population control policies, and the matter is remanded for further proceedings on her application for asylum.
Opinion
U.S. Court of Appeals
Case No. 03-4035
District of Nebraska
[PUBLISHED] [Smith, Author, with Beam and Colloton, Circuit Judges] Criminal case - criminal law. District court did not err in permitting police officer to provide expert testimony regarding drug conspiracies in the Omaha area and typical drug record-keeping procedures as the officer's experience and training qualified him as an expert, and his testimony was relevant and probative; defendant had adequate notice of the expert witness's qualifications and the nature and scope of his testimony; applying Pirani's plain error analysis, defendant was entitled to Booker relief as the record was adequate to demonstrate a reasonable probability that the district court would have imposed a lesser sentence under an advisory guidelines scheme.
Opinion
U.S. Court of Appeals
Case No. 04-1947
District of Minnesota
[PUBLISHED] [ Bye, Author, with Wollman and Colloton, Circuit Judges] Criminal case - Sentencing Guidelines. District court did not err in imposing enhancements for amount of loss and use of sophisticated means in defendant's fraud conviction; applying Pirani's plain error analysis, defendant was not entitled to Booker relief as he failed to demonstrate a reasonable probability that the district court would have imposed a lesser sentence under an advisory guidelines scheme.
Opinion
U.S. Court of Appeals
Case No. 04-2058
Eastern District of Arkansas
[PUBLISHED] [Bye, Author, with Wollman and Fagg, Circuit Judges] Criminal case - Sentencing Guidelines. Defendant could not begin serving his federal sentence while he was still in state custody; district court properly applied Guidelines Sec. 5G1.3(c); applying Pirani's plain error analysis, defendant was not entitled to Booker relief as he failed to demonstrate a reasonable probability that the district court would have imposed a lesser sentence under an advisory guidelines scheme.
Opinion
U.S. Court of Appeals
Case No. 04-3156
District of Minnesota
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges] Civil case - civil rights. Delays in completing plaintiff's processing following his arrest for unpaid tickets did not deny him due process; totality of circumstances indicated his twenty-four hour detention - while unfortunate and understandably upsetting - did not shock the conscience.
Opinion
U.S. Court of Appeals
Case No. 04-3740
Northern District of Iowa
[PUBLISHED] [Benton, Author, with Riley and Bowman, Circuit Judges] Criminal case - criminal law. District court did not abuse its discretion in denying defendant's motion to strike surplusage from the indictment; nor did the court abuse its discretion in refusing his attempted plea to possession of a lesser amount of drugs; applying Pirani's plain error analysis, defendant is entitled to Booker relief as the record demonstrates the district court would have imposed a lesser sentence under an advisory guidelines scheme.
Opinion
U.S. Court of Appeals
Case No. 04-3770
Northern District of Iowa
[UNPUBLISHED] [per Curiam - M. Arnold, Lay and Benton, Circuit Judges] Criminal case - Sentencing Guidelines. District court's alternative sentence considered the factors set out in 18 U.S.C. Sec. 3553(a) and would be adopted; conditions imposed for supervised release were reasonable in light of the nature and seriousness of defendant's sex offense.
Opinion
U.S. Court of Appeals
Case No. 04-3872
Southern District of Iowa
[UNPUBLISHED] [Per Curiam - M. Arnold, Lay and Benton, Circuit Judges] Criminal case - criminal law. District court did not err in denying request for a Franks hearing as defendant failed to show the information in the warrant application which he contends was false or misleading was material; warrant was based on probable cause.
Comments