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US Circuit Court of Appeals
8th Circuit Case Summaries

2002/07/11

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OPINION SUMMARIES -July 11, 2002
U.S. 8TH CIRCUIT COURT OF APPEALS
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07/11/02 USA v. Fortino E. Diaz
Opinion
U.S. Court of Appeals
Case No. 00-2188
and No. 01-1271
District of Minnesota
Criminal case - Sentencing Guidelines. The court en banc unanimously holds that U.S. v. Sturgis, 238 F.3d 956 (8th Cir. 2001), correctly states the law of the circuit that a defendant's substantial rights are not violated where an Apprendi error can be corrected by running sentences consecutively under Guideline Section 5G1.2(d); to the extent two previous cases held the section is discretionary and that a remand is necessary even where the Apprendi violation can be cured by running sentences consecutively, they are overruled; panel opinion and judgment affirming convictions and sentences reinstated. Opinion

07/11/02 ACT v. Sylvan Learning
Opinion
U.S. Court of Appeals
Case No. 01-2775
and No. 01-3583
Northern District of Iowa
Civil case - Torts. District court did not err in granting summary judgment to Sylvan on ACT's claim for tortious interference with contract, as the evidence was insufficient as a matter of law to create a jury question on an essential element of ACT's claim, namely whether Sylvan was on notice that it should investigate whether ACT already had contract with the National Association of Security Dealers which would be breached if Sylvan closed a deal with the Association to operate and acquire its computer-based training centers; ACT could not establish a claim for tortious interference with prospective contractual relations, as ACT could not show that Sylvan's purpose in making its proposal was to financially injure or destroy ACT; any evidence of damages ACT may have incurred as a result of Sylvan's deal with the Association were properly excluded from the summary judgment record because the alleged damages were not caused by unlawful acts of Sylvan, and ACT could not show causation or antitrust injury under Section 2 of the Sherman Act; Judge Richard S. Arnold concurring in part and dissenting with respect to the claim for tortious interference with prospective contractual relations. Opinion

07/11/02 Lori Teska v. Jessie Rasmussen
Opinion
U.S. Court of Appeals
Case No. 01-3193
Northern District of Iowa
Civil case - civil rights. Agency defendant was entitled to qualified immunity on claim it violated plaintiff's civil rights by recommending termination of her parental rights without making accommodations for her mental limitations; claims against two of the defendants in their official capacities were also barred by qualified immunity; claims against the agency officials in their individual capacities could not be brought on respondeat superior grounds. Opinion

07/11/02 Union Pacific RR v. Kirby Inland Marine
Opinion
U.S. Court of Appeals
Case No. 01-3334
Southern District of Iowa
Civil case - admiralty. A Truman-Hobbs Act finding by the Coast Guard that a bridge is an unreasonable obstruction to navigation does not render inapplicable the presumption that negligence of a barge crew was the cause of a collision between a stationary bridge and a moving vessel; district court erred in concluding the presumption of negligence does not apply, and the case must be remanded for further proceedings; district court did not err in ruling the Coast Guard's Order to Alter the bridge was admissible under Rule 803(8)(C).
Opinion

07/11/02 Verizon v. Inverizon Intl.
Opinion
U.S. Court of Appeals
Case No. 01-3503
Eastern District of Missouri
Civil case - Civil procedure. District court erred in ordering a stay of declaratory judgment action pending outcome of state action filed by Inverizon, as the district court failed to consider the fact that the federal law governs the primary claims in the declaratory judgment action and only state law issues are raised in the state court action; case remanded with directions to vacate the stay; concurrence by Judge Bye. Opinion

07/11/02 Family Snacks v. Prepared Products
Opinion
U.S. Court of Appeals
Case No. 01-3560
Western District of Missouri
Civil case - contracts. Agreement for supply of snack products was a valid contract and did not suffer from lack of mutuality at the inception; contract did not fail for indefiniteness; under the agreement defendant bore the obligation to identify the products it wished to buy so that plaintiff could apply the parties' agreed-upon formula to determine pricing, and plaintiff did not have to first produce a product and price list to in order to demand defendant's performance under the contract. Opinion

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