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   Federal Courts - 8th Circuit Court of Appeals - February 5, 2007

  
Dunmire v. Morgan Stanley Dw, Inc., No. 06-1947, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Overview: Because the evidence did not show that a brokerage firm violated the Gramm-Leach-Bliley Act (GLBA) when it served a demand letter on an investor's estranged wife since the information had lost its "nonpublic" character, all of the investor's state law claims failed as they were all predicated on the allegation that the firm violated the GLBA.

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Level 3 Communs., L.L.C. v. City of St. Louis, Nos. 06-1398/06-1459, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Overview: Because court found insufficient evidence from the communications company of any actual or effective prohibition, let alone one that materially inhibited its operations, and because the company had not carried its burden of establishing a violation under 47 U.S.C.S. § 253(a), the district court's § 253(c) analysis was premature and was reversed.

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Miller v. AMR Corp., No. 06-1037, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Submitted , February 5, 2007, Filed
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Skinner v. Missouri, No. 06-1512, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Snowden v. Poulan/Weed Eater, No. 06-2664, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Synergetics, Inc. v. Hurst, No. 06-1146, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Overview: Judgment awarding compensatory and punitive damages against two former employees for trade secret misappropriation, breach of contract, intentional interference with business relationships, and breach of fiduciary duty was affirmed because, inter alia, the actual damages award of $ 1,759,165 did not shock the court's conscience.

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United States v. Arechiga, No. 06-1287, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Overview: District court properly imposed consecutive sentences following defendant's assault convictions because it was not abuse of discretion for district court to consider defendant's prior juvenile record as his history and characteristics were factors to be considered under 18 U.S.C.S. § 3553(a)(1) and auto theft was classified as crime of violence.

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United States v. Donnelly, No. 06-1838, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Overview: Where a trooper had a reasonable suspicion that defendant may have been transporting and using drugs, the detention of defendant while awaiting the arrival of a drug sniffing dog was reasonable because nothing in the record suggested that the trooper exercised suboptimal diligence in investigating his suspicion of drugs in defendant's vehicle.

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United States v. Fortune, No. 05-4277, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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Overview: Defendant's sentence was affirmed because he failed to rebut presumption of reasonableness that attached to guidelines sentence selected for drug count, and district court acknowledged its obligation to consider 18 U.S.C.S. § 3553(a) factors and properly noted defendant's failure to change his ways after two prior drug convictions.

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United States v. Hinojosa, No. 06-1044, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 5, 2007, Filed
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