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| Lepi Enters. v. Nat'l Envtl. Serv. Corp., No. 04-3609,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2006, Filed
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Overview: Witnesses disagreed as to whether EPA and OSHA infractions actually occurred and whether, if they had occurred, they were substantial. Given the need to assess credibility and the debate over the number and seriousness of the supposed violations, the district court properly denied the contractor's post-trial motion for judgment as a matter of law.
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| M.P. v. Indep. Sch. Dist. No. 721, No. 05-1584,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2006, Filed
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Overview: Even though student's IDEA claim was properly dismissed, student had a right of action for damages under § 504 of the Rehabilitation Act where the school district's alleged failure to protect student from unlawful discrimination on the basis of his disability was a claim that was wholly unrelated to the individualized educational program process.
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| Ming Ming Wijono v. Gonzales, No. 05-1515,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2006, Filed
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Overview: Alien's petition for review was denied where substantial evidence supported the BIA's denial of withholding of removal under 8 U.S.C.S. § 1231 and the CAT where the alien failed to prove that it was more likely than not that he would be persecuted upon return to Indonesia.
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| Robinette v. Comm'r, No. 04-3600,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2006, Filed
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Overview: Basing its review on the information that was before the appeals officer, the court concluded that, since the taxpayer did not meet the conditions of the offer-in-compromise, it was not an error of law, or an abuse of discretion, for the IRS appeals officer to uphold the decision of the IRS to default the agreement.
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| Saunders v. Farmers Ins. Exch., No. 05-2225, No. 05-2228, No. 05-2231,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2006, Filed
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Overview: The filed rate doctrine did not prohibit insureds from alleging claims of price discrimination against several insurers under the Fair Housing Act, 42 U.S.C.S. § 3601 et seq., and the Civil Rights Acts of 1866 and 1870, 42 U.S.C.S. § 1981 and § 1982, because the doctrine could not be applied to bar damage claims under federal civil rights statutes.
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| Trans States Airlines, Inc. v. FAA, No. 05-1963,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2006, Filed
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Overview: Petition for review of Federal Aviation Administration's (FAA) decision was denied where, inter alia, certified air carrier's records were out of date for periods ranging from at least seven days, to over a month, and FAA did not abuse its discretion in determining that records were not "current" within plain language of 14 C.F.R. § 121.683(a)(1).
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| United States v. Ball, No. 04-3729,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2006, Filed
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Overview: Where the court found that defendant's assertion of Booker error possessed merit in that the district court treated the sentencing guidelines as mandatory, and there was grave doubt whether the error was harmless, the sentence was vacated and the case was remanded for resentencing.
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| United States v. Hill, No. 04-1964,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2006, Filed
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Overview: Appellate court dismissed the appeal based upon the appeal waiver in his plea agreement because defendant had agreed to waive his appellate rights if the court accepted the plea agreement and sentenced defendant. The court found that defendant understood the plea agreement, and he had signed it.
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| Walden v. Eaton Corp., No. 05-1730,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 8, 2006, Filed
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Overview: Former employer justifiably relied on former employee's tax records and denial letter from Social Security Administration as proof of former employee's work activities, as documents reflected former employee's own reports of material participation in management of automobile dealership and thus his ability to perform work for compensation.
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