Blogs about: Eighth Circuit

Eighth Circuit Affirms Conviction under Federal Habitual Offender Law in Indian Country DV Case1 comment

Matthew L.M. Fletcher wrote 1 week ago: Here is the opinion in United States v. St. John. … more →

Tags: Research, Author: Matthew L.M. Fletcher, Criminal, Standing Rock Sioux Tribe, Indian Country domestic violence, United States v. St. John, 18 U.S.C. § 117

Eighth Circuit Rejects Sandy Lake Chippewa Secretarial Election Appeal -- UPDATED with briefs

Matthew L.M. Fletcher wrote 1 month ago: Here is the opinion. The court’s syllabus: Civil case – Indian law. Because the district … more →

Tags: Research, Author: Matthew L.M. Fletcher, federal recognition, tribal election, tribal constitutions, tribal constitution, Secretarial election, Sandy Lake Band of Chippewa Indians v. United States

Federal Court Rejects Double Jeopardy-Related Habeas Petition from Prisoner Previously Convicted in Tribal Court

Matthew L.M. Fletcher wrote 2 months ago: Here are the materials in Jacobs v. United States (D. S.D.): 2255 Motion Government’s Response … more →

Tags: Research, Author: Matthew L.M. Fletcher, Tribal Courts, Criminal, 18 U.S.C. 1161, Major Crimes Act, United States v. Lara, 1868 Treaty of Fort Laramie, United States v. Jacobs

United States v. Sun Bear -- CA8 Rejects SORNA Challenge (Major Crimes Act Conviction)

Matthew L.M. Fletcher wrote 2 months ago: Here is the opinion: US v Sun Bear … more →

Tags: Research, Author: Matthew L.M. Fletcher, Criminal, Major Crimes Act, SORNA, United States v. Sun Bear

Eighth Circuit to Rehear Major Crimes Act Sexual Offenses Cases to Resolve Intra-Circuit Split

Matthew L.M. Fletcher wrote 3 months ago: Here. Our post on these cases is here. Here are the decisions: United States v. Bruguier United Stat … more →

Tags: Research, Author: Matthew L.M. Fletcher, Criminal, Major Crimes Act, United States v. Rouillard, United States v. Bruguier, sexual assault mens rea, intra-circuit conflict

8th Cir.: NLRB’s Holding in D.R. Horton Does Not Preclude Enforcement of FLSA Class/Collective Action Waiver1 comment

Andrew Frisch wrote 3 months ago: Owen v. Bristol Care, Inc. While district courts that have considered the issue since the NLRB hande … more →

Tags: Arbitration, Class Waivers, collective actions, 216(b), class members, Collective Action Waiver, D. R. Horton, D.R. Horton and Michael Cuda, Fair Labor Standards Act

Pres. Obama Nominations for Eighth and Tenth Circuits

Matthew L.M. Fletcher wrote 4 months ago: Here is White House press release. Excerpt: The White House Office of the Press Secretary For Immedi … more →

Tags: News, Author: Matthew L.M. Fletcher, Tenth Circuit, federal judicial nominations

Campaigners Can't Lie in MN

Francis P. Rojas wrote 4 months ago: Minnesota can prohibit political campaign workers from swaying an election by intentionally lying ab … more →

Tags: Judges, Minnesota, district court, Campaign, 8th Circuit, Judge, Montgomery, Politic, Politics

Eighth Circuit Affirms Kickbacks Conviction of Duane Big Eagle, former Crow Creek Sioux Chair

Matthew L.M. Fletcher wrote 5 months ago: Here are the materials in United States v. Big Eagle: 113754P — CA8 opinion Big Eagle Brief US … more →

Tags: Research, Author: Matthew L.M. Fletcher, Criminal, Crow Creek Sioux Tribe, theft from a tribal organization, 18 USC 666, United States v. Big Eagle

Eighth Circuit Creates Intra-Circuit Conflict --On Same Day -- in Major Crimes Act Sexual Assault Cases1 comment

Matthew L.M. Fletcher wrote 6 months ago: Here are the cases: United States v. Bruguier United States v. Rouillard Here is a blog post from On … more →

Tags: Research, Author: Matthew L.M. Fletcher, Criminal, Major Crimes Act, United States v. Rouillard, United States v. Bruguier, sexual assault mens rea, intra-circuit conflict

Minnesota COA Affirms Enforcement of Tribal Court Judgment in White Earth Fraud Case

Matthew L.M. Fletcher wrote 6 months ago: Here is the unpublished opinion in United States ex rel. Auginaush v. Medure: US ex rel Auginaush v … more →

Tags: Research, Gaming, Author: Matthew L.M. Fletcher, Tribal Courts, tribal court, Minnesota Court of Appeals, White Earth Band of Chippewa Indians, Indian gaming management company, Angelo Medure

8th Cir.: Where Employer’s Change to Workweek Was Permanent, “Legitimate Business Purpose” Not Required

Andrew Frisch wrote 7 months ago: Abshire v. Redland Energy Services, LLC Following an order granting the defendant-employer summary j … more →

Tags: work time, FLSA, overtime law, changing clothes, workweek, Fair Labor Stardards Act, Calulcating the Workweek, work week, FLSA Workweek

Eighth Circuit Rejects 1868 Fort Laramie Treaty Defense to Federal Drug Prosecution

Matthew L.M. Fletcher wrote 7 months ago: Here are the materials in United States v. LeBeau: US v Lebeau CA8 Opinion (unpublished) LeBeau Open … more →

Tags: Research, Author: Matthew L.M. Fletcher, treaty rights, Criminal, Fort Laramie Treaty of 1868, United States v. LeBeau

Opening Eighth Circuit Brief in Montana 1 Case out of Turtle Mountain Tribal Court (UPDATED with Answer and Reply Briefs)

Matthew L.M. Fletcher wrote 8 months ago: Here is the brief in DISH Network Service LLC v. Laducer: DISH Network Opening Brief And the answer … more →

Tags: Research, Author: Matthew L.M. Fletcher, Tribal Courts, tribal court exhaustion doctrine, District of North Dakota, Laducer v. DISH Network, SLAPP lawsuit, Montana 1 exception

Eighth Circuit Remands Major Crimes Act Case for Determination on Whether Red Lake Reservation Diminished

Matthew L.M. Fletcher wrote 8 months ago: Here are the materials in United States v. Jackson: CA8 Opinion Jackson Brief USA Brief USA Addendum … more →

Tags: Research, Author: Matthew L.M. Fletcher, Criminal, Major Crimes Act, reservation diminishment, Red Lake Reservation, United States v. Jackson

The Problem is that You Already Had Suicidal Thoughts

russell and duenes wrote 10 months ago: Some positive and hopeful things are afoot these days regarding abortion. According to a May 2012 Ga … more →

Tags: Bioethics, Duenes, Humans: To Be or Not to Be, Government, Legal Matters, Jesus and Jurisprudence, Abortion, Planned Parenthood v. Rounds, Suicide

Eighth and Ninth Circuits Affirm Indian Country D.V. Sentences

Matthew L.M. Fletcher wrote 11 months ago: Here is Wednesday’s opinion in United States v. White Twin (CA8): Opinion And here is Wednesda … more →

Tags: Research, Author: Matthew L.M. Fletcher, Criminal, ninth circuit, Major Crimes Act, federal sentencing guidelines, Indian Country domestic violence, United States v. White Twin, United States v. Two Moons

Tenth Circuit Holds that Mere Allegation by Plaintiff of Intent Not to Seek More than $4,999,999.99 in Damages Is Not Dispositive of CAFA Jurisdiction1 comment

Paul Karlsgodt wrote 11 months ago: Earlier today, the Tenth Circuit joined the majority of Circuit Courts of Appeals in holding that a … more →

Tags: CAFA Requirements, Class Action Decisions, class-action, cafa, Class Action Fairness Act, Removal, diversity jurisdiction, Preponderance, legal certainty

8th Circuit Tosses 19 Contempt Citations for Defendant Who Refused to Stand for Judge

Francis P. Rojas wrote 1 year ago: A federal appeals court has ordered a judge to consider the religious rights of a defendant who clai … more →

Tags: legal decision, Appellate, Courts, Minnesota, Court of Appeals, federal court of appeals, Religion, religious rights, Muslim


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