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| Rodgers v. Maco Mgmt. Co., No. 06-1754,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2007, Filed
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Overview: Employer and co-workers were properly granted summary judgment on Title VII claim because, where the female with whom the employee compared himself was not similarly situated in all relevant respects, the employee failed to create a fact issue as to whether the reason for his dismissal, his refusal to perform, was a pretext for sex discrimination.
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| United States v. Bamberg, No. 06-1489,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2007, Filed
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Overview: Defendant's conviction was affirmed, where the statutory definition of "analogue" under 21 U.S.C.S. § 802(32)(A) was not vague, defendant was aware that the drug was illegal, evidence of his prior drug activity and currents sales data were relevant under Fed. R. Evid. § 403, and the court's questioning of a witness was not prejudicial.
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| United States v. Guerra-Cabrera, No. 06-2826, No. 06-2827,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2007, Filed
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Overview: District court did not abuse its discretion in concluding appellants were ineligible for safety valve relief under 18 U.S.C.S. § 3553(f); appellants failed to disclose truthfully and fully the information they possessed about their offenses, including identification of their drug supplier and the full nature of their connection to the stash house.
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| Wood v. Foremost Ins. Co., No. 06-1904,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2007, Filed
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Overview: Summary judgment should not have been granted on the insureds' claims for the insurer's alleged failure to promptly settle because the insurance policy provided that the insurer should have settled within 30 days and failed to do so. Insureds could potentially recover under Mo. Rev. Stat. § 375.296 and Mo. Rev. Stat. § 375.420.
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| Wood v. Valley Forge Life Ins. Co., No. 06-2193,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 27, 2007, Filed
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Overview: In case for accidental death benefits under life insurance policy, jury instruction--stating that if there is a fair question as to whether death was due to accident or to suicide, jury should find it was due to accident--correctly stated what insurer had to prove. Instruction incorporated presumption against suicide that existed under state law.
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