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| Anderson v. U.S. Bancorp, No. 06-3216,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 24, 2007, Filed
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Overview: Denial of severance benefits did not constitute an abuse of discretion under the Employee Retirement Income Security Act, 29 U.S.C.S. § 1132(a)(1)(B), because a beneficiary accessed a confidential company file, in clear violation of company policy, without permission or any job-related reason, which provided cause to deny benefits under the plan.
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| Greyhound Lines, Inc. v. Wade, No. 06-1875,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 24, 2007, Filed
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Overview: Motion for sanctions was properly denied because appellants did not show that appellee intentionally destroyed evidence or that late disclosures prejudiced them. Bus driver, who suffered brain injury in accident, was properly found competent to testify under Neb. Rev. Stat. § 27-601. An apportionment of liability finding was not clearly erroneous.
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| Hawkeye Commodity Promotions, Inc. v. Vilsack, No. 06-2406,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 24, 2007, Filed
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Overview: District court properly rejected a lottery game retailer's U.S. Const. art. 1, § 10, cl. 1, and U.S. Const. amends. V, XIV, challenges to Iowa Code § 99G.30A(4). Law did not substantially impair retailer's location and profit sharing contracts, it did not constitute regulatory taking of retailer's property, and it served legitimate public purpose.
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| Ivanov v. Gonzales, No. 06-1178,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 24, 2007, Filed
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Overview: Petition for review was granted. An IJ abused his discretion under 8 C.F.R. § 1003.23(b)(3) in granting DHS's motion to reopen aliens' removal proceedings after their asylum application was granted. DHS failed to show that new evidence was both material and previously undiscoverable. DHS had not acted timely to verify documents submitted by aliens.
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