Sixth:
Seventh:
Eighth:
[From the Court's site]
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith,
Circuit Judge]
Civil case - Fair Credit Reporting Act. Plaintiff failed to show she suffered "actual damages" from any violation of the FCRA, as a brief episode of frustration and unhappiness over an incorrect report did not establish the sort of concrete emotional distress that is required to constitute a genuine injury and actual damages. 121294P.pdf 03/28/2013 United States v. Neil Havlik U.S. Court of Appeals Case No: 12-1294 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judge]
Criminal case - Criminal law. Defendant's statements to interrogating officers were not an unequivocal or unambiguous request for counsel, and the police were not required to ask clarifying questions; defendant's waiver of his Miranda rights was voluntary, and the district court did not err in denying his motion to suppress his statements; district court did not err in declining to give an entrapment instruction; evidence was sufficient to prove the jurisdictional element of the child pornography charges against defendant; claim of ineffective assistance of counsel should be raised in a habeas action. 121639P.pdf 03/28/2013 Nelson Gomes v. American Century Companies, U.S. Court of Appeals Case No: 12-1639 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judges]
Civil case - RICO. Maryland's demand requirement for derivative claims does not frustrate the federal policies underlying RICO, and demand was required on all of plaintiff's derivative claims; because plaintiff failed to make the required demand, the district court did not err in dismissing his complaint. 121807P.pdf 03/28/2013 Dakota, MN & Eastern R.R. v. Kevin Schieffer U.S. Court of Appeals Case No: 12-1807 U.S. District Court for the District of South Dakota - Sioux Falls [PUBLISHED] [Loken, Author, with Melloy and Colloton, Circuit Judges]
Civil case - ERISA. For the court's prior decision in the matter, see Dakota, Minn. &E.R.R. v. Schieffer, 647 F.3d 935 (8th Cir. 2011). The district court did not err in finding that the benefits sought in Schieffer's arbitration demand were not claims for benefits under an ERISA plan; as a result, the district court lacked federal subject matter jurisdiction to consider arbitrability or any other issue arising under the Employment Agreement.
Civil case - Fair Credit Reporting Act. Plaintiff failed to show she suffered "actual damages" from any violation of the FCRA, as a brief episode of frustration and unhappiness over an incorrect report did not establish the sort of concrete emotional distress that is required to constitute a genuine injury and actual damages. 121294P.pdf 03/28/2013 United States v. Neil Havlik U.S. Court of Appeals Case No: 12-1294 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judge]
Criminal case - Criminal law. Defendant's statements to interrogating officers were not an unequivocal or unambiguous request for counsel, and the police were not required to ask clarifying questions; defendant's waiver of his Miranda rights was voluntary, and the district court did not err in denying his motion to suppress his statements; district court did not err in declining to give an entrapment instruction; evidence was sufficient to prove the jurisdictional element of the child pornography charges against defendant; claim of ineffective assistance of counsel should be raised in a habeas action. 121639P.pdf 03/28/2013 Nelson Gomes v. American Century Companies, U.S. Court of Appeals Case No: 12-1639 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judges]
Civil case - RICO. Maryland's demand requirement for derivative claims does not frustrate the federal policies underlying RICO, and demand was required on all of plaintiff's derivative claims; because plaintiff failed to make the required demand, the district court did not err in dismissing his complaint. 121807P.pdf 03/28/2013 Dakota, MN & Eastern R.R. v. Kevin Schieffer U.S. Court of Appeals Case No: 12-1807 U.S. District Court for the District of South Dakota - Sioux Falls [PUBLISHED] [Loken, Author, with Melloy and Colloton, Circuit Judges]
Civil case - ERISA. For the court's prior decision in the matter, see Dakota, Minn. &E.R.R. v. Schieffer, 647 F.3d 935 (8th Cir. 2011). The district court did not err in finding that the benefits sought in Schieffer's arbitration demand were not claims for benefits under an ERISA plan; as a result, the district court lacked federal subject matter jurisdiction to consider arbitrability or any other issue arising under the Employment Agreement.
Ninth:
Tenth:
11-1340
Eleventh:
Next update Monday.
MB