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   Federal Courts - 8th Circuit Court of Appeals - April 6, 2006

  
Fults v. Sanders, No. 05-3490, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Filed
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Overview: BOP was properly ordered to consider whether to transfer an inmate to a community corrections center because a BOP regulation, 28 C.F.R. §§ 570.20-.21, removed its opportunity to exercise its discretion on an individual basis to all inmates not serving the last 10 percent of their sentences and conflicted with 18 U.S.C.S. § 3621(b).

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Guy Carpenter & Co. v. John B. Collins Assocs., No. 05-3465, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Filed
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Overview: District court did not abuse discretion in denying part of employer's request for preliminary injunction which sought to stop former employees from breaching non-solicitation agreements; damages were adequate remedy for breach because clients who left employer could be identified, and damages resulting from loss of clients could be calculated.

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Hitchcock v. FedEx Ground Package Sys., No. 05-1901, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Filed
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Overview: Employee was not entitled to relief under the Minnesota Whistleblower Statute, Minn. Stat. § 181.932, because she did not show that she reported any alleged illegalities to blow the whistle on the employer and she did not inform the employer that her refusal to obey an order was based on her belief that the order was illegal.

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La Tour v. City of Fayetteville, No. 03-2824, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Filed
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Overview: Even though an ordinance, which prohibited flashing or blinking electronic signs, was not enforced to prohibit flashing time and temperature signs, the ordinance was content-neutral and was narrowly tailored to serve the city's significant interest of traffic safety; therefore, it was constitutional as applied.

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Robinson v. Terex Corp., No. 05-2337, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Decided
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Rousan v. Roper, No. 04-3827, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Decided
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T.L. v. United States, No. 04-4155, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Filed
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Overview: Appeals court affirmed the district court's conclusion that plaintiff had a duty to exercise reasonable diligence in determining the cause of her baby's brain injury, and because she failed to file an administrative claim under the FTCA within two years after the claim accrued, her action was barred, and there was no basis for equitable tolling.

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United States v. Gurley, No. 04-2627, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Decided
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United States v. Moss, No. 05-2700, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Filed
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United States v. Poe, No. 05-2914, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 6, 2006, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. § 922(g)(1) was affirmed because the district court did not err in refusing to instruct the jury on his proposed affirmative defense of justification.

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