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| Friends of the Boundary Waters Wilderness v. Bosworth, Nos. 04-3629/3632,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 15, 2006, Filed
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Overview: Some of the data relied upon and calculations performed by the USFS in recalculating the base period use of non-exempt lake chains under the Boundary Waters Canoe Area Wilderness Act, Pub. L. No. 95-495, 92 Stat. 1649, were so unreliable or inadequately explained as to make reliance on them arbitrary and capricious under the APA.
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| Johnson v. Metro. Life Ins. Co., No. 05-1063,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 15, 2006, Filed
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Overview: Where all of the objective medical evidence in the record indicated that an employee did not suffer from rheumatoid arthritis or fibromyalgia to the extent that they rendered her disabled, and even one of her treating physicians suspected that she was exaggerating her symptoms, the employee's ERISA benefit claims were properly denied.
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| McCaslin v. Barnhart, No. 05-2452,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 15, 2006, Filed
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| Ochoa-Carrillo v. Gonzales, No. 04-2038,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 15, 2006, Filed
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Overview: Petition for review of an order reinstating a prior removal order entered pursuant to 8 U.S.C.S. § 1231(a)(5) and 8 C.F.R. § 241.8 was denied because, inter alia, the agency's identity determination was well supported in the administrative record and petitioner failed to establish prejudice necessary for a procedural due process challenge.
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| Robinson v. Terex Corp., No. 05-2337,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 15, 2006, Filed
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Overview: Summary judgment was granted to a parent company because, even if its subsidiary manufactured a crane that was involved in a fatal injury, plaintiffs failed to show some abuse of the privilege to operate as separate corporations to the detriment of a third party that justified piercing the corporate veil and holding the parent liable.
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| United States v. Ademi, No. 05-2322,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 15, 2006, Filed
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Overview: Defendant's 47-month sentence for firearms offenses and concealing aliens in violation of 8 U.S.C.S. § 1324 was affirmed because the district court did not violate the Sixth Amendment by engaging in judicial fact-finding using a preponderance of the evidence standard where the U.S. Sentencing Guidelines were applied in an advisory manner.
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| United States v. Boone, No. 04-3828, No. 04-3829, No. 04-3831, No. 04-3836,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 15, 2006, Filed
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Overview: In a murder and armed robbery case, a motion for severance under Fed. R. Crim. P. 14 was denied because there was insufficient evidence offered to overcome the preference for a joint trial; a general assertion of prejudice because of evidence that did not apply to certain defendants was insufficient on its face to warrant severance.
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| United States v. Clark, No. 05-2238,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 15, 2006, Submitted , February 15, 2006, Filed
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| United States v. Durkes, No. 05-2361,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 15, 2006, Decided
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