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| Ameriguard, Inc. v. Univ. of Kan. Med. Ctr. Research Inst., Inc., No. 06-2912,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2007, Filed
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Overview: District court properly dismissed under Fed. R. Civ. P. 12(b)(6) appellant's complaint alleging a violation of the Telephone Consumer Protection Act, 47 U.S.C.S. § 227. Appellant's complaint failed to state a claim because the attached facsimile to complaint did not meet definition of an "unsolicited advertisement" under 47 U.S.C.S. § 227(a)(5).
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| Joseph v. Gonzales, No. 05-3697,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2007, Filed
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Overview: IJ's credibility determination enjoyed substantial support; IJ carefully enumerated specific and cogent reasons for disbelieving petitioner, and the record did not compel a contrary conclusion. Given the breath of the adverse credibility determination, it precluded petitioner's requests for withholding of removal and CAT relief.
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| Parks v. City of Horseshoe Bend, No. 06-1696,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2007, Filed
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Overview: Defendants, city, mayor, police chief and others, were properly granted summary judgment in former elected official's § 1983 action because official could not claim constitutional injury solely on loss of election as there was no constitutional right to be elected to particular office, and she failed to show adverse action by government official.
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| Pirtle v. Astrue, No. 06-2363,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2007, Filed
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Overview: Because the applicant's primary treating physicians' treatment notes were not consistent with the applicant's assertion that thirty minutes of rest every three hours were required, the ALJ did not err in failing to give controlling weight to the opinion of the treating physician; the denial of her 42 U.S.C.S. § 405 benefit application was affirmed.
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| Quomsieh v. Gonzales, No. 05-4405,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2007, Filed
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Overview: Father was detained and beaten by Israeli troops once, but the family continued to live in the West Bank for 13 more years; thus, the BIA's determination that the family had not suffered past persecution, and that while they had subjectively genuine fears, those fears were not objectively reasonable and 8 U.S.C.S. § 1158 asylum was properly denied.
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| Standridge v. Union Pac. R.R. Co. (In re Union Pac. R.R. Empl. Practices Litig.), No. 06-1706,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2007, Filed
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Overview: Grant of summary judgment to the employees on the claims for sexual discrimination was reversed because the Pregnancy Discrimination Act of 1978 did not encompass contraception; contraception, like infertility treatments, was a treatment that was only indicated prior to pregnancy because contraception actually prevented pregnancy from occurring.
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| United States v. Delgado-Ruiz, No. 05-3635,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2007, Filed
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| United States v. Redd, No. 06-1637,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 15, 2007, Filed
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