Eighth Circuit -- Alejandro Gutierrez-Vidal v. Eric H. Holder, Jr.

[PUBLISHED] [Beam, Author, with Riley, Chief Judge, and Bye, Circuit Judge Petition for Review - Immigration. Considering the efforts police made to arrest and prosecute members of the Shining Path group who attacked petitioner, the record does not indicate that the government of Peru condoned the group's actions or demonstrated a complete helplessness to protect petitioner, and the BIA did not err in finding petitioner had not established either past persecution or a well-founded fear of future persecution.

Alejandro Gutierrez-Vidal v. Eric H. Holder, Jr.

Eighth Circuit -- Natasha Dallas v. American General Life

[PUBLISHED] [Riley, Author, with Wollman and Melloy, Circuit Judges]
Civil case - Insurance. Under Missouri law, payment of a policy'sfirst premium is a condition precedent to the validity of the policy, and the district court did not err in finding that plaintiff's failure to make the first payment voided the policy; plaintiff failed to present a submissible case of estoppel or waiver under Missouri law.

Natasha Dallas v. American General Life

Eighth Circuit -- United States v. Patricia Robertson

[PUBLISHED] [Loken, Author, with Smith and Benton, Circuit Judges]
Criminal case - Criminal law and Sentencing. In prosecution charging defendant with misapplying funds belonging to her Tribe's Low Income Home Energy Assistance program, the district court's instructions defining the elements of the offense were not erroneous as they fairly and adequately instructed the jury on the mens rea element of the offense; district court did not err in rejecting defendant's "good faith defense" instruction; there was ample evidence to support a special condition of probation banning alcohol use.

United States v. Patricia Robertson

Eighth Circuit -- Tarek Al-Birekdar v. Chrysler Group, LLC

Court Summary:

[PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Wollman, Circuit Judge]
Civil case - Employment Discrimination. Jury instructions submitting plaintiff's claim that Chrysler terminated him in retaliation for a previously filed charge of discrimination with the Missouri Commission on Human Rights were not erroneous; evidence was sufficient to support plaintiff' verdict under the Missouri Human Rights Act's contributing factor standard; evidence was sufficient to support the jury's award of damages; evidence was not sufficient to support a finding that Chrysler acted with an evil motive or deliberate indifference to plaintiff's rights and the court did not err in refusing to submit plaintiff's punitive damages claim to the jury; district court did not err in reducing plaintiff's attorneys' fee request; plaintiff's request for attorneys' fees for time spent on post-trial motions and appellate work remanded for further consideration.

Tarek Al-Birekdar v. Chrysler Group, LLC

Sixth Circuit -- Charles Gayheart v. Commissioner of Social Security

SSA -- ALJ did not weigh opinions of treating physicians (among other things) properly.  Remand.

Charles Gayheart v. Commissioner of Social Security 

Sixth Circuit -- Thomas Alfes v. ECMC

FRCP/Bankruptcy -- amendment of claim relates back, as no unfair surprise to adversary.

Thomas Alfes v. ECMC 

Fifth Circuit -- Smith Maritime, Inc. v. L/B Kaitlin Eymard

Torts -- as the product injured itself, no liability to the manufacturer.

Smith Maritime, Inc. v. L/B Kaitlin Eymard

Fourth Circuit -- William MacDonald v. Tim Moose

Virginia anti-sodomy statute falls under facial challenge.

Dissent -- Habeas standard is that there can be no fair-minded disagreement -- state court ruling to contrary entitled to deference.

William MacDonald v. Tim Moose

Third Circuit -- K. A. v. Pocono Mountain School Distric

First/Fourteenth Amendment -- injunction upheld allowing fifth-grader tio distribute Christmas party invitations. Tinker test.

K. A. v. Pocono Mountain School Distric

Second Circuit -- Carroll v. County of Monroe

Fourth Amendment -- shooting the dog isn't a seizure.

Carroll v. County of Monroe