Administrative NEPA Claim Failure To ExhaustLogging Where an environmental group opposed to a controlled fire and logging project brought an action against the forest service, the district court properly found that the group failed to exhaust their administrative remedies for their claim under the National Environmental Policy Act, and the group did not show that the service's decision to approve the project was arbitrary or capricious. Judgment is affirmed.Friends of the Norbeck, et al. v. U.S. Forest Service, et al. (MLW No. 62993/Case No. 11-1661 - 11 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.) Appealed from U.S. District Court, District of South Dakota, Viken, J. (John Philip Meyer, Bozeman, Montana, argued for appellant; Kelly Elizabeth Purcell Bennett appeared on the b...
...; Carter Collins Law appeared on the brief) (Allison Hart Behrens, St. Louis, argued for appe... Koppe, Kansas City, Missouri, argued for appellee; Cynthia L. Cordes appeared on the brief). Crimina...
Arbitration Motion To CompelConscionability Where a general contractor brought an action to compel arbitration with a subcontractor in a dispute that arose from a wind turbine project, the district court's grant of the motion to compel is affirmed because the subcontractor did not show that procedural or substantive unconscionability, and the court properly found that the subcontractor's challenge, based on New York law, to a provision governing situations where the subcontractor asserts claims against an owner or architect was irrelevant. Judgment is affirmed.M.A. Mortenson Company v. Saunders Concrete Company, Inc. (MLW No. 63600/ Case No. 11-2749 - 7 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.) Appealed from U.S. District Court, District of Minnesota, Frank, J. (Scott G. ...
..., Bloomington, Minnesota, argued for appellee; Amanda L. Stubson appeared on the brief). Civil R...
..., or questions presented, differ from the appellee's descriptions?. How did the courts and the two pa... Court, upon consideration of affidavits, briefs and arguments of counsel, finds as follows:. Findi...
AdministrativeDue ProcessLand To TrustStandingWhere South Dakota challenged the decision of the Department of the Interior to accept South Dakota land into trust for the benefit of an Indian tribe, the state's appeal is dismissed because its claim did not fall within the zone of interests protected by due process.Appeal is dismissed.State of South Dakota, et al. v. Department of Interior, et al. (MLW No. 63179/Case No. 11-1745 - 9 pages) (U.S. Court of Appeals, 8th Circuit, Riley, C.J.) Appealed from U.S. District Court, District of South Dakota, Lange, J. (Kirsten E. Jasper, Pierre, South Dakota, argued for appellant; John P. Guhin appeared on the brief) (John E. Arbab, Washington, D.C., argued for appellee; Elizabeth Ann Peterson appeared on the brief). Civil RightsStandingAbstention ...
App.R. 18(C), trial court's judgment not reversed as a sanction for appellee's failure to file a brief.
... AMERICA, Appellee, -v- ...BODE (David C. James, on the brief), Ass...
Administrative ERISAOffset VA Benefits Where a district court approved an ERISA plan administrator's decision to offset from a claimant's employer-provided, long-term disability benefits the amount received by the claimant pursuant to the Veterans' Benefits Act, the judgment is reversed because the VA benefits did not derive from an act that is similar to the SSA or RRA disability benefits programs, and the VA benefits that the claimant received are not from an "insurance" program but were considered obligatory compensation for injuries to service men and women during military duty. Reasonable caseDissenting opinion by Colloton, J.: "Freed of the restraint demanded by abuse-of-discretion review, the court makes a reasonable case on de novo review that dissimilarities outweigh the simila...
...and C. Pat Ducey appeared on the brief) (James Walter Erwin, St. Louis, argued for appell..., Little Rock, Arkansas, argued for appellee; Jane Duke appeared on the brief). Civil Rights Ex...
Administrative Packers And Stockyards ActSanctionsCattle Dealer Where a judicial officer of the U.S. Department of Agriculture suspended a cattle dealer's registration under the Packers and Stockyards Act based on findings that the dealer engaged in unfair and deceptive trade practices and failed to keep adequate business records, the officer adequately considered the nature of the violations in relation to the remedial purposes of the act, and the dealer failed to show that the suspension was "so without justification in fact as to constitute an abuse of the Secretary's discretion." Judgment is affirmed. Syverson v. Department of Agriculture (MLW No. 63237/Case No. 11-1363 - 7 pages) (U.S. Court of Appeals, Wollman, J.) Petition for review of an order of the U.S. Department of Agricult...
... John Moberg, Minneapolis, argued for appellees; Daniel R. Wachtler and Ellen A. Brinkman appearedd on the brief). Civil RightsWarrantless EntryExigent Circumstanc...
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