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   Federal Courts - 8th Circuit Court of Appeals - March 28, 2007

  
Ahlberg v. Chrysler Corp., Nos. 06-1560 / 06-2493, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Overview: A district court did not commit reversible error in its discretionary evidentiary rulings rejecting evidence that defendant vehicle manufacturer could have retrofitted its trucks with a brake-shift interlock device, where the evidence was confusing and prejudicial, and was properly excluded under Fed. R. Evid. 403.

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Carpenter v. Con-Way Cent. Express, Inc., No. 06-2732, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Overview: Employee failed to show a prima facie case of race discrimination in violation of Title VII and the Iowa Civil Rights Act of 1965 because he did not show an adverse employment action by his employer. The employee made the decision to quit his job and failed to show that conditions were intolerable or that his employer intended to force him to quit.

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Johnson v. Yates, No. 06-1847, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Lambert v. United States Dep't of State, No. 06-1975, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Overview: Complaint of father, a Canadian-born naturalized U.S. citizen who sought to have his adult children declared U.S. citizens, was properly dismissed because he lacked standing to pursue his children's citizenship claims as he made no showing that children could not assert own interests, and his challenge to 8 U.S.C.S. § 1401(h) lacked legal support.

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Nicola v. Astrue, No. 06-2677, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Overview: A Social Security disability claimant's case was remanded back for further proceedings because a Social Security ALJ committed two reversible errors when reviewing her case. The ALJ should have treated claimant's diagnosis of borderline intellectual functioning as severe impairment and should have conducted a psychiatric review technique analysis.

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Olson v. Ford Motor Co., No. 06-1887, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Overview: In this products liability action, the judgment finding that the automobile company and decedent were each 50% at fault was affirmed because although the pharmacologist had not previously calculated a blood-alcohol level from a vitreous-humor-alcohol level, the actual conversion was a matter of simple arithmetic.

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Smith v. United States DOJ, No. 05-2596, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Overview: Appellate court reversed a dismissal of a FOIA case and remanded for district court to determine whether transfer to Central District of California was warranted, given that the necessary information regarding appellant's residence was now in record, and that appellant, as a pro se litigant, made a simple mistake in filing in an improper venue.

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Swigert v. Astrue, No. 06-2426, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Overview: Claimant's application for social security disability and supplemental security income benefits was properly denied because ALJ did not err in failing to afford controlling weight to opinion of claimant primary treating physician in medical source statement because opinion was contradicted by other objective medical evidence in record.

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United States v. Thomas, No. 06-2452, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Overview: A district court did not clearly err in imposing a sentence enhancement for obstruction of justice because it found that defendant perjured himself at the suppression hearing when he testified that police officers detained him for an hour without Mirandizing him and that he did not turn toward the officer who called his name.

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Williams v. City of Carl Junction, No. 06-2130, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 28, 2007, Filed
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Overview: Because a citizen failed to show that city officials lacked probable cause to issue him multiple municipal citations, he could not establish a necessary element of his retaliatory-prosecution claim under 42 U.S.C.S. § 1983. Moreover, the citizen failed to show the citations were motivated by the citizen's exercise of his First Amendment rights.

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