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   Federal Courts - 8th Circuit Court of Appeals - May 10 - May 11, 2007

  
Estrada v. Sanders, No. 07-1120, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 10, 2007, Filed
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Johnson v. Accredited Home Lenders, Inc., No. 06-2700, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 10, 2007, Filed
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United States v. Bower, No. 06-3809, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 10, 2007, Filed
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Overview: Defendant's conviction for violating 21 U.S.C.S. §§ 846, 841(a)(1), and 841(b)(1) and sentence of 188 months' imprisonment was affirmed because the jury's choice to credit the testimony of the government witnesses was within its province, and the testimony itself was more than sufficient for a reasonable jury to find defendant guilty.

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United States v. Caldwell, No. 06-1954, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 10, 2007, Filed
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United States v. Eizember, No. 06-3011, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 10, 2007, Filed
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Overview: Testimony of kidnapped victim that she felt threatened because defendant said, inter alia, that he was on death row was properly admitted. Fed. R. Evid. 404(b) did not apply as the victim's testimony was introduced not to prove that defendant committed another crime, but to show that he said that he had done so.

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J.E. Jones Constr. Co. v. Chubb & Sons, Inc. , No. 06-3601, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 11, 2007, Filed
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Overview: District court properly ruled that commercial liability and excess insurers were not required to provide indemnification to related companies with regard to damages assessed against them for their agent's breach of fiduciary. The agent's failure to perform his duties was not "accident" and, thus, was not covered "occurrence" under liability policy.

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Lewis v. Jacks, No. 06-1995, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 11, 2007, Filed
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Overview: The grant of summary judgment to the supervisors on the inmate's § 1983 and state law claims for discrimination and retaliation was affirmed because telling admittedly noisy inmates to "shut up" on one occasion did not violate the Fourteenth Amendment, even if equally noisy inmates of another race were not equally chastised.

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OnePoint Solutions, LLC v. Borchert, No. 06-2481, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 11, 2007, Filed
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Overview: LLC's Minn. Stat. § 604.14 claims for civil theft against its founders were erroneously dismissed for lack of diversity jurisdiction under Fed. R. Civ. P. 12(b)(1) and 28 U.S.C.S. § 1332(a) because LLC could recover $ 66,000 for the value of property stolen, plus $ 66,000 in punitive damages, which exceeded the $ 75,000 jurisdictional threshold.

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United States v. Davis, No. 06-1487, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 11, 2007, Filed
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United States v. Hoenselaar, No. 06-2602, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 11, 2007, Filed
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Overview: Sentence at the bottom of the guidelines range for a drug conspiracy was reasonable because defendant played a more significant role in the conspiracy than his coconspirators, who received lower sentences, by serving as the methamphetamine cook and the district court considered appropriate 18 U.S.C.S. § 3553(a) factors, including his addiction.

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