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| Allen v. Tobacco Superstore, Inc., Nos. 05-3414/3884,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: District court reasonably rejected as pretextual employer's proffered basis for failing to promote the employee to assistant manager, an argument with another store manager, because another white employee had engaged in similar conduct, but that employee was promoted and over the course of 10 years employer had no African American store managers.
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| Bearden v. Lemon, No. 06-1700,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: Sheriff was properly denied summary judgment on issue of qualified immunity with respect to deputy's § 1983 First Amendment claim because genuine issue of fact existed as to whether deputy's protected speech was reason behind discharge and appellate court lacked jurisdiction to review whether sheriff proved legitimate reason for discharge.
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| Creative Mktg. Assocs. v. AT&T, No. 05-4074,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: Telephone company was properly granted summary judgment on marketing company's claims that telephone company owed it money for uncollected charges (chargebacks) exceeding three percent because oral promise made before execution of written agreement that chargebacks would not exceed three percent was properly excluded under parole evidence rule.
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| Kennedy Bldg. Assocs. v. CBS Corp., No. 06-2371,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: An appellate court remanded an action so the lower court could clarify which terms of its injunction were specifically enforceable against defendant lessee, the party responsible for environmental cleanup under the Minnesota Environmental Response and Liability Act and Minn. Stat. § 116B.07.
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| Mohamed v. Gonzales, No. 05-3357,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: Decision of the BIA, which confirmed a decision of the immigration judge finding that the alien was subject to removal was affirmed. The REAL ID Act, 8 U.S.C.S. § 1252(a)(5), as applied to the alien did not violate the alien's rights under U.S. Const. art. I, § 9, cl. 2, because the alien received a meaningful review.
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| Sims v. Lay, No. 05-2136,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: A § 1983 claim against prison employees was properly dismissed as the allegations amounted to a disagreement over a treatment decision; however, dismissal of a claim against the warden was reversed and remanded because whether the housing and staffing were adequate to meet plaintiff's serious mental health needs raised a factual question.
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| Smith v. United TV, Inc., No. 06-1660,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: District court erred in holding that plan administrator abused its discretion by denying employee severance benefits because administrator's interpretation of "salary or bonus opportunity" as the potential combination of salary and bonuses did not conflict with the plan's language or goal of economic security or with ERISA's full and fair review.
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| United States v. Barajas, No. 06-2024,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: Defendant's 21 U.S.C.S. §§ 841(a), 846 possession and conspiracy convictions were affirmed because defendant was not entitled to new trial as alleged newly discovered DEA manual would only impeach agent's credibility concerning DEA's tape-recording policy and would only tangentially lend support to defendant's claim that he did not make admissions.
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| United States v. Garcia, No. 05-4453,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: A district court correctly determined that it had no authority to sentence appellant below the 10-year statutory mandatory minimum; the Eighth Amendment challenge was without merit; and there was no reason to depart from the usual rule of requiring ineffective-assistance claims to be raised in a 28 U.S.C.S. § 2255 motion.
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| United States v. Gladney, No. 06-1785,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 2, 2007, Filed
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Overview: Denial of motion to dismiss indictment for 19-month pre-indictment delay was not clear error because motion was untimely filed during trial and defendant, who alleged that memory of alibi witness was impaired, was able to present the testimony through another witness and did not show that delay resulted in prejudice in violation of Fifth Amendment.
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