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| Am. Ass'n of Orthodontists v. Yellow Book USA, Inc., No. 04-3521,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2006, Filed
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Overview: The dismissal of a claim by an association against a directory publisher under 15 U.S.C.S. § 1125(a) for listing general dentists as orthodontists was affirmed because the complaint did not allege that it was illegal in Missouri for a general dentist to perform orthodontic services unless he or she had completed an accredited orthodontic program.
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| Munson v. Norris, No. 04-3938,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2006, Filed
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Overview: The dismissal of a claim concerning a requirement that an inmate say a prayer in a sexual victim program was reversed because the district court wrongly analyzed the First Amendment claim under the Free Exercise Clause instead of the Establishment Clause by deciding whether the inmate's preference to say "God" only at night was a serious belief.
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| Pecoraro v. Diocese of Rapid City, No. 05-1893,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2006, Filed
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Overview: Diocese was granted summary judgment in an alleged sexual assault victim's lawsuit because the victim's claim was untimely under S.D. Codified Laws § 26-10-25, the statute of limitations was not equitably tolled by the victim's prior lawsuit, and the limitations period was not tolled due to mental illness under S.D. Codified Laws § 15-2-22.
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| United States v. Denton, No. 05-1978,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2006, Filed
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Overview: District court considered all 18 U.S.C.S. § 3553(a) factors, and defendant, convicted of conspiracy to distribute cocaine within 1000 feet of two playgrounds, did not show that it overlooked any significant factor, gave improper weight to any factor, or made a clear error in judgment. The life sentence was not unreasonable under the circumstances.
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| United States v. Feemster, No. 05-1995,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 24, 2006, Filed
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Overview: Defendant's sentence of 120 months on his conviction for two counts of distribution of cocaine base in violation of 18 U.S.C.S. § 841(a)(1) was remanded because the district court failed to consider all factors under 18 U.S.C.S. § 3553(a) to explain a variance from a Sentencing Guidelines range of 360 months based on a career offender enhancement.
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