Coverage

 Very complex FLSA ruling out of the Tenth today, spotted a mention of FRE/hearsay as well.  11th has one case.  Unfortunately, I'm out of time here.  Will catch up these two with late-breaking posts from the senior circuits tomorrow.

Eighth Circuit: Marissa Walz v. Ameriprise Financial, Inc

If an employee failed to disclose a non-obvious disability that impaired the performance of the essential functions of his or her job, summary judgement for the employer on the ADA claim is appropriate.

Marissa Walz  v.  Ameriprise Financial, Inc

Eighth Circuit: Jacqueline Conners v. Gusano's Chicago Style Pizzeri

Denial of Motion to Compel Arbitration sufficiently final for purposes of appeal.

Absent showing that new arbitration agreement chilled potential challenges to the employer, past employees not covered by the agreement who are currently litigating against the employer have no standing to challenge it on behalf of putative co-plaintiffs.

Jacqueline Conners  v.  Gusano's Chicago Style Pizzeria

Eighth Circuit: United States v. Ismael Corrales-Portillo

Informant information was sufficient basis for search under the totality of the circumsatances when the police monitored the entire transaction, were given the description of the vehicle and the defts, and the informant visually indicated the vehicle.

No error in deliberate ignorance jury instruction where deft was generally aware of contraband and was clearly "learning the ropes" of the operation.

Testimony of the informant was sufficient for finder of fact to convict on conspiracy.

Proximacy and probable complicity sufficient for Possession with Intent to Distribute.

Within-Guidelines sentence upheld.  Sentencing court did not need to disavow mistaken statement by government during sentencing.

United States  v.  Ismael Corrales-Portillo

Eighth Circuit: United States v. Randy Hentges

Sentencing - announced upward variance means that the career offender predicates don't have to be established, as either would result in the same outcome.

Deft's history justified upward variance.

Permitting allocution after the announcing of sentence but before its imposition does not violate the 5A/FRCrimP rights of the deft.

United States  v.  Randy Hentges

Eighth Circuit: Brandon Pierce v. Collection Associates, Inc.

Co-petitioner in bankruptcy does not have standing to challenge pre-petition transfer of co-petitioner.

As the amount of wages garnished prior to the filing of the partition was under the statutory cap of $600, the garnishment can't be avoided by the petitioner.

Dissent: As garnishor is assigned value of the wages upon earning, the amount of the garnishment exceeds the cap.

Brandon Pierce  v.  Collection Associates, Inc.

Eighth Circuit: Mark Minnihan v. Mediacom Communications Corp.

Despite past accommodation, driving was an essential task for the employee, so an employee incapable of driving does not have ADA standing.

Dialogue with HR and the offer of another position was sufficient interaction to establish lack of bad faith on the part of the employer.

Mark Minnihan  v.  Mediacom Communications Corp.

Eighth Circuit: Zachary Makworo Mogeni v. Eric H. Holder, Jr.

Immigration -- Petitioner's past sham marriage means that the IJ can decline to grant a continuance in removal action when family-based petition is still pending.

Zachary Makworo Mogeni  v.  Eric H. Holder, Jr.

Eighth Circuit: Tyrone Patterson v. City of Omaha

Bifurcation of trial into individual liability and corporate liability (government) didn't create a second action for the purposes of the deadline for filing notice of appeal.

No abuse of discretion in finding that unlawful force was used in the arrest and award of nominal damages where there is doubt as to causation of injuries.

Grant of summary judgment does not violate plaintiff's right to a jury trial.

Tyrone Patterson  v.  City of Omaha

Eighth Circuit: Estate of Nell G. Pepper v. Nancy Whitehead

A reasonable finder of fact could decide that the phrase "keep it" imparted a conditional gift.

Estate of Nell G. Pepper  v.  Nancy Whitehead

Eighth Circuit: Survivors Network v. Jennifer Joyce

State statute restricting profane speech outside of houses of worship violates the Fist Amendment, as there are content -neutral alternatives that might be employed to the same ends.

Survivors Network  v.  Jennifer Joyce