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| Fitzgerald v. Camdenton R-III Sch. Dist., No. 04-3102,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 1, 2006, Filed
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Overview: School district and education officials could not force an evaluation of the parents' child under the IDEA, specifically 20 U.S.C.S. § 1414(a)(1)(D)(ii)(I), where the parents refused to consent to the evaluation, privately educated the child, and expressly waived all benefits under the IDEA.
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| Miller v. Baker Implement Co., No. 04-3419,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 1, 2006, Filed
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Overview: Even if all three expert reports were considered together, there would still have been no reliable showing from which a jury could find that operable extinguishers or cartridge extinguishers would have limited the damage caused by the fire which destroyed a farmer's cotton picker. District court's exclusion of the farmer's experts was affirmed.
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| Parkman v. Prudential Ins. Co. of Am., No. 05-2471,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 1, 2006, Filed
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Overview: ERISA preempted fraud claims, 29 U.S.C.S. § 1144(a). Conclusion that administrator properly denied benefits was affirmed, 29 U.S.C.S. § 1132; treating physicians disagreed as to extent of disability, and insurer's physician carefully reviewed medical history and tests in concluding impairments did not preclude plan participant from performing job.
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| United States v. Allen, No. 05-2308,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 1, 2006, Filed
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Overview: A conviction for conspiring to distribute crack cocaine was supported by sufficient evidence that defendant was among a group of people who regularly purchased, packaged, and sold crack and enlisted addicts to recruit customers and watch for the police.
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| United States v. Anderson, No. 05-1830,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 1, 2006, Filed
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Overview: District court's determination that defendant's prior convictions for criminal sexual conduct in the second degree, in violation of Minn. Stat. § 609.343, subd. 1(a) (1996), qualified as violent felonies under 18 U.S.C.S. § 924(e)(1) was affirmed where risk of harm or physical injury in this case was inseparable from risk of use of physical force.
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| United States v. Henderson, No. 04-4110,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 1, 2006, Filed
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Overview: A conviction under 18 U.S.C.S. § 513(a) for passing counterfeit checks was supported by sufficient evidence, including victim testimony, that defendant physically handed counterfeit checks to the victims, his fingerprint was on a deposit ticket, and bad checks were written to pay for work done for defendant and his organization.
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| United States v. Skinner, No. 05-2089,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 1, 2006, Decided
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