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| DCS Sanitation Mgmt. v. Castillo, No. 05-1201,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 25, 2006, Filed
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Overview: Summary judgment was granted to former employees in a case alleging a violation of a noncompete clause; Nebraska law was applied, contrary to the parties' contract, because the state had a greater material interest in the agreements, and the application of Ohio law on the subject would have violated Nebraska's public policy.
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| Koscielski v. City of Minneapolis, No. 05-1664,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 25, 2006, Filed
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Overview: Where firearms dealership argued that city's zoning ordinances effectively prevented dealership from locating in city, no denial of equal protection or due process was shown since public safety warranted different treatment of dealership and potential locations existed; also, dealership failed to exhaust state process for seeking just compensation.
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| Rivera-Campos v. Gonzales, No. 04-4173,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 25, 2006, Filed
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Overview: Alien's petition for review of a decision of the BIA affirming the denial of asylum and withholding of removal was denied because the alien had not provided sufficient evidence of a fear of persecution when the alien offered a record of some vague and non-specific threats that were not necessarily related to the alien's political affiliation.
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| Roberts v. Pierce (In re Pierce), No. 05-1095,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 25, 2006, Filed
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Overview: The affirmance of an order granting in part and disallowing in part a proof of claim without an evidentiary hearing was affirmed because negative notices were authorized by 11 U.S.C.S. § 102(1)(B)(i) and a claimant received adequate notice where he received a negative notice that was clear and he failed to request an evidentiary hearing.
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| Rodgers v. City of Des Moines, No. 05-1810,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 25, 2006, Filed
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Overview: In an action filed under the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C.S. §§ 2601-2654, summary judgment was properly granted to an employer and a supervisor because an employee was not entitled to recover damages for emotional distress since such relief was not specifically enumerated in 29 U.S.C.S. § 2617(a)(1)(A)(i)(I), (II).
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| United States v. Ester, No. 04-3276/3277,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 25, 2006, Filed
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Overview: Defendant's conviction for drug related charges were affirmed. The arrest did not violate defendant's Fourth Amendment rights when making the arrest, there was no evidence of prosecutorial vindictiveness when the prior charges were dismissed, and defendant did not have a Sixth Amendment right to a hearing at sentencing.
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| United States v. Franklin, No. 04-3783,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 25, 2006, Filed
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Overview: Patient's conditional release from mental health commitment under 18 U.S.C.S. § 4246 was properly revoked for failing to comply with supervision by a probation officer because conditions ancillary to a prescribed regimen of treatment could have been imposed, and the violation of such presented a danger to the community.
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| United States v. Hill, No. 04-4180,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 25, 2006, Filed
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Overview: Where trial court had the discretion to impose a lesser sentence but instead sentenced the defendant in the middle of the sentencing range, mandatory application of the U.S. Sentencing Guidelines Manual was harmless.
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| United States v. Reynolds, No. 05-1837,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 25, 2006, Filed
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Overview: Where every expert who examined appellant believed appellant was suffering from a mental disease or defect such that he would continue to engage in threatening behavior if unconditionally released, the district court did not clearly err by finding that appellant was dangerous within the meaning of 18 U.S.C.S. § 4246.
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