Administrative Childcare License Denial Of Renewal Due Process Where a childcare facility brought claims against a state agency after it was denied its license renewal request, summary judgment for the defendants is affirmed because the childcare facility did not show that it had a clearly established property interest in the renewal of its license, and qualified immunity was appropriate where the agency defendants were operating under conflicting statutory directives, and the facility's tortious interference claim also failed because the actions of the agency's employees were discretionary, not ministerial, and there was no showing of bad faith or malice, so the employees were entitled to official immunity. Judgment is affirmed. Austell v. Sprenger (MLW No. 64089/ Case No. 11-2792 - 14...
...Theis, Denver, argued for appellee). Civil Practice Standing Causation Duty Where pla...; Anthony James Nemo appeared on the brief) (Ashley A. Wenger, Minneapolis, argued for appell...
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...
..., 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...
Appellate Practice Attorney's FeesInterlocutory AppealJurisdiction Where a district court awarded attorney's fees of $24,500 on a partial judgment against a county defendant in a sexual harassment case and the court certified its orders as final judgments to allow for interlocutory appeal, Rule 54(b) certification was in error because no authority supported the claim that delay in the payment of attorney's fees rises to the level of a hardship or injustice to be alleviated by interlocutory appeal, and the interests of judicial administration also weight against certification. Appeal dismissed.Williams v. County of Dakota (MLW No. 64006/Case No. 11-1089 - 8 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of Nebraska. (Vincent Valentin...
... Weber, Kansas City, Missouri, argued for appellee; James Kevin Checkett appeared on the brief). Civi...
... AMERICA, Appellee, -v- ...BODE (David C. James, on the brief), Ass...
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...
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 ...
Appellate Practice Jurisdiction Qualified Immunity Substitution Where an employee, who sued her government employer claiming that she was fired in violation of her First Amendment rights, also brought claims against a director in his individual capacity and the director died after the original complaint was filed, the deceased individual was not a proper party on appeal, and the court had no authority to substitute a party, and no other defendant had a similar claim to qualified immunity, so the case could not proceed without substitution. Appeal is dismissed. Campbell v. State of Iowa (MLW No. 64554/Case No. 11-3755 - 3 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Northern District of Iowa, Bennett, J. (Forrest Guddall, Des Moines, Iowa, ar...
... Stein and Debra Patkin appeared on the brief) (Scott P. Moore, Omaha, Nebraska, argued for appe..., Russellville, Arkansas, argued for appellee). Consumer LawMortgage Modification Fraudulent Mis...
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