Decisions by Chief Judge Linda R. Reade
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-Attorney's Process & Investigative Services, Inc. v. Sac & Fox Tribe of the Mississippi in Iowa; Order holding that tribal court lacks jurisdiction over tribe's conversion claim against non-Indian08/18/2011
-In re Doylene K. Roberts (Hanrahan v. Doylene K. Roberts); Order affirming Bankrupty Court's ruling that debtor could claim California property exempt under Iowa homestead exemption05/05/2011
-Ralph Reeder, M.D. v. Thomas Carroll, M.D.; order granting defendant's summary judgment motion on plaintiff's claims of defamation, invasion of privacy and civil conspiracy12/21/2010
-PSK, LLC dba Overhead Door Company of Cedar Rapids and Iowa City v. Randy Hicklin dba A-1 American Garage Door Repair, Advanced Garage Door Repair and/or Over Head AAA Garage Door Repair; and Danetta Hicklin dba A-1 American Garage Door Repair, Over Head AAA Garage Door Repair, Affordable Overhead Garage Door Repair and American Certified Door Co.; order granting defedants' summary judgment motion with respect to infringement and dilution claims but denying summary judgment with respect to unfair competition claim in the form of passing off12/02/2010
-VGM Financial Services v. Singh, et al.; order granting third party defendant's motion to dismiss for lack of personal jurisdiction04/30/2010
-Neessen v. Arona Corp.; order denying employer's motion for summary judgment in pregnancy discrimination action04/30/2010
-The Samuels Group, Inc. v. Hatch Grading & Contracting, Inc.; order granting defendant's motion to stay pursuant to Colorado River Abstention Doctrine03/23/2010
-IVESCO Holdings, LLC v. Professional Veterinary Products, Ltd and ProConn, LLC; order granting partial summary judgment as to plaintiff's punitive damages claim03/17/2010
-United States v. Two Hundred Fifty-Six Thousand Two Hundred Thirty-Five Dollars and Ninety-Seven Cents ($256,235.97), et al.; order denying claimant's motion for summary judgment in forfeiture03/08/2010
-Ralph Reeder, M.D. v. Thomas Carroll, M.D. and the Iowa Board of Medical Examiners; order dismissing defendant state agency based on Eleventh Amendment Immunity03/05/2010
-Lois K. Myers v. Croell Redi-Mix, Inc.; court granted defendant's summary judgment motion as to plaintiff's Title VII sex discrimination claims of termination, retaliation, disparate treatment and hostile work environment12/04/2009
-Equal Employment Opportunity Commission and Janet Boot, Barbara Grant, Cindy Moffett, Remcey Jeunenne Peeples, Monika Starke, Latesha Thomas and Nicole Ann Cinquemano v. CRST Van Expedited, Inc.; court dismissed certain claims of an intervenor and EEOC because intervenor and alleged aggrieved individuals failed to disclose sex discrimination claims in their bankruptcy proceedings05/13/2009
-Equal Employment Opportunity Commission and Janet Boot, Barbara Grant, Cindy Moffett, Remcey Jeunenne Peeples, Monika Starke, Latesha Thomas and Nicole Ann Cinquemano v. CRST Van Expedited, Inc.; court held EEOC was not immune from the statute of limitations set forth in 42 U.S.C. Section 2000e-5, but EEOC was not barred from seeking relief on behalf of allegedly aggrieved person who timely filed her own Title VII lawsuit only to dismiss it without prejudice upon learning of EEOC's enforcement action 05/11/2009
-Equal Employment Opportunity Commission and Janet Boot, Barbara Grant, Cindy Moffett, Remcey Jeunenne Peeples, Monika Starke, Latesha Thomas and Nicole Ann Cinquemano v. CRST Van Expedited, Inc.; order granting defendant's summary judgment motion as to plaintiff's claim of a pattern or practice of sexual harassment04/30/2009
-MITEC Partners, LLC v. U.S. Bank National Association; court held defendant entitled to summary judgment as to plaintiff's fraudulent and negligent misrepresentation claims.02/26/2009
-First Bank Business Capital, Inc. f/k/a FB Commercial Finance, Inc. v. Agriprocessors, Inc., Local Pride, LLC, Abraham Aaron Rubashkin and Sholom Rubashkin; court held defendants waived right to assert improper venue on grounds of mandatory forum selection clause.02/23/2009
-Mattress Warehousing, Inc. and William T. Furry v. Power Marketing Direct, Inc. d/b/a PMD Furniture Direct, GJC Enterprises, Inc. and Gregory J. Carrera; court held defendants failed to prove fraudulent joinder and remanded case to state court based upon lack of diversity jurisdiction02/16/2009
-Alan E. Thompson, Darrell G. Hinrichsen, Keith P. Fogel, Wallace E. Alm and Donald D. Boe v. United Transportation Union; court ordered plaintiffs to pay defendant's ordinary costs in the amount of $1,166.00 pursuant to 28 U.S.C. sec. 1920.01/26/2009
-Equal Employment Opportunity Commission and Janet Boot, Barbara Grant, Cindy Moffett, Remcey Jeunenne Peeples, Monika Starke, Latesha Thomas and Nicole Ann Cinquemano v. CRST Van Expedited, Inc.; court established pretrial and trial framework for EEOC's "pattern or practice" claim11/19/2008
-Alice McCabe and Christine Nelson v. Michelle Mais; district court denies defendant's motion for judgment as a matter of law but grants defendant's motion for partial new trial on damages, on plaintiffs' claims that defendant illegally strip and visual body cavity (VBC) searched their persons. With respect to Defendant's motion for judgment as a matter of law, district court held that, although Linn County's policy of blanket strip searches was clearly unconstitutional, there was sufficient evidence to support an award of more than nominal damages. With respect to defendant's motion for new trial, district court held that jury's award of damages shocked the conscience and, if allowed to stand, would result in a miscarriage of justice. 10/02/2008
-Robert Rakes and Robert Hollander, individually and on behalf of others similarly situated v. Life Investors Insurance Company of America; order granting motion for summary judgment for defendant insurance company in a class action lawsuit due to disclosures by defendant insurance company negating the alleged fraudulent omissions and representations forming the basis of the plaintiffs' complaint06/20/2008
-Cedar Rapids Television Company d/b/a KCRG-TV9 v. MCC Iowa LLC and MCC Illinois LLC; order re bench trial11/30/2007
-Randal E. McCullough v. AEGON USA, Inc., Board of Directors Patrick S. Baird, James A. Beardsworth, Kirk W. Buese, Tom A. Schlossberg, Arthur C. Schneider, Mary Taiber, James R. Trefz, Transamerica Life Insurance Company, Transamerica Occidental Life Insurance Company, Transamerica Occidental Life Insurance Company, Transamerica Financial Life Insurance Company, Transamerica Investment Management LLC, Diversified Investment Advisors, Inc. and Does 1-20; order granting defendants' motion for partial summary judgment 10/30/2007
-The Arthur L. Christofferen Irrevocable Trust v. Yellow Book USA, Inc.; granting employer's motion for summary judgment on former CEO's unpaid wages claim under the Iowa Wage Payment Collection Law and his breach of contract claim under Iowa law where the former CEO died in 2005, and then his Trust sought $16,667.00 monthly payments under a Release and a Consulting Agreement that the former CEO and employer had entered into while the former CEO was still an employee.09/06/2007
-Carolyn Brown, et al. v. The McGraw-Hill Companies, Inc.; granting defendant's motion for partial summary judgment where the parties entered into a release that was governed by Illinois law; determining that defendant was released from all liabilities for the period up to December 31, 2002.08/29/2007
-Edward D. Heaton v. The Weitz Company, Inc.; denying employer's motion for judgment as a matter of law or new trial, pursuant to Federal Rule of Civil Procedure 50; upholding the jury's verdict that employer retaliated against employee; and upholding awards of emotional distress damages and punitive damages 07/13/2007
-Francine Williams v. Hawkeye Community College; order granting in part and denying in part motions to dismiss and strike in employment discrimination case against state actor; holding that four-year statute of limitations applied to a portion of plaintiff's section 1983 claim06/27/2007
-Western Reserve Life Assurance Company of Ohio v. G. Randall Bratton, Bratton Financial Services Corporation, Bratton International, Inc. and Betty Bratton; bench trial order granting declaratory judgment in favor of insurance company; finding against independent marketing organization and its owner/agents on their counterclaims of breach of oral contract, promissory estoppel, implied-in-fact contract for services (quantum meruit) and unjust enrichment; entering judgment in favor of insurance company 06/26/2007
-Northeast Iowa Citizens for Clean Water v. AgriProcessors, Inc.; United States of America and Northeast Iowa Citizens for Clean Water v. AgriProcessors; order re application for attorneys fees and costs 06/06/2007
-Glynn Jones v. Cargill, Inc.; limine order in Title VII race discrimination and retaliation case04/06/2007
-Glynn Jones v. Cargill, Inc.; limine order in Title VII race discrimination and retaliation case03/19/2007
-Kirk Draper and Laurie Draper v. Wellmark, Inc.; summary judgment granted; finding that Plaintiff's ERISA claim was barred by the contractual limitations provision in the insurance certificate; finding that plaintiff's common law negligent misrepresentation claim was preempted by ERISA because it had a connection with and related to an ERISA plan.03/15/2007
-Highway Equipment Company, Inc., Plaintiff/Counterclaim-Defendant v. Cives Coporation and Monroe Truck Equipment, Inc., Defendants/Counterclaim Plaintiffs; markman order in a patent case construing various claims of the patents-in-suit.03/07/2007
-Glynn Jones v. Cargill, Inc.; Title VII race discrimination and retaliation03/06/2007
-Randy Clark v. Eagle Ottawa, LLC. motion to dismiss order dismissing Iowa common law public policy claim under Rule 12(b)(6). The court declined to dismiss due to NLRA or LMRA preemption. Plaintiff's FMLA interference and retaliation claims remain. 02/20/2007
-Pamela R. Reed v. Cedar County and Cedar County Sheriff Daniel Hannes, in his individual and official capacities; summary judgment order granting in part and denying in part defendants' motions where plaintiff alleged Title VII and Iowa Civil Rights Act claims of sexual harassment (hostile work environment and constructive discharge) and retaliation (employment-related retaliation and retaliatory litigation), and a claim of battery. 02/08/2007
-Northeast Iowa Citizens for Clean Water v. AgriProcessors, Inc.; United States of America v. AgriProcessors, Inc.; Court entered consent decree after finding it was fair, reasonable and adequate.11/29/2006
-Edward D. Heaton v. The Weitz Company, Inc.; Title VII and ICRA retaliation, national origin; motion in limine11/22/2006
-Edward D. Heaton v. The Weitz Company, Inc.; Title VII and ICRA retaliation, national origin11/14/2006
-Elizabeth Chacey DeBoom v. Raining Rose, Inc., Chart Acquisition Corp., Charles Hammond and Art Christoffersen; Order reinstating stay in pregnancy discrimination case (Title VII and ICRA); court denied defendants' motion to dismiss as moot and declined to give the state trial verdict preclusive effect where the judgment is pending appeal and where there is "substantial doubt" that state court judgment will be upheld on appeal.10/18/2006
-Alice McCabe and Christine Nelson v. Bruce Macaulay, Michael Parker, Holly Michael, The Iowa State Patrol, Troy Bailey, Rick Busch and Linn County, Iowa; Order granting plaintiff's Rule 56(f) motion in part, granting defendants' motion for summary judgment in part, including Westfall certification, and denying as moot defendants' motion for protective order09/01/2006
-Magdalene Jo Schepers v. Terex Corp., et al.; State-law defamation suit that is being stayed as a result of a pending state court lawsuit arising out of the same set of facts. 07/25/2006
-Goss International Corporation v. Tokyo Kikai Seisakusho, Ltd. and TKS, Inc.; Order denying TKS's motion to stay judgment06/15/2006
-Goss International Corporation v. Tokyo Kikai Seisakusho, Ltd. and TKS, Inc.; Order granting in part Goss's motion for preliminary injunction06/15/2006
-Sherri Jo Reid dba Colonial Square Tax and Accounting v. Pekin Insurance Co. v. Steve Klocke and Kathy Klocke; Order regarding motion for partial summary judgment06/06/2006
-Gerald D. Donnell v. City of Cedar Rapids and Pat Engel; Order re defendants' motion for summary judgment (whistleblower)06/01/2006
-Western Reserve Life Assurance Co. of Ohio v. G. Randall Bratton, Gary G. Bratton, Bratton Financial Services Corporation and Bratton International, Inc.; life insurance company sued agents and their independent marketing organization seeking a declaratory judgment; the court analyzed Iowa law and dismissed the claims against AEGON USA, Inc., the holding company that owns WRL; dismissed the negligent misrepresentation and fraudulent misrepresentation counterclaims; and determined that there was a genuine issue of material fact remaining on the counterclaims for breach of contract, quantum meruit, unjust enrichment and promissory estoppel05/10/2006
- In re H & W Motor Express Company; Larry S. Eide, Chapter 7 Trustee, Plaintiff, vs. Urban R. Haas and Patricia M. Haas, Individually and as Trustees of the Marie C. Haas Trusts, f/b/o Urban Andrew Haas, Christopher James Haas, Aimee Marie Haas, n/k/a Aimee Marie Haas Walsh and Catherine Anthoine Haas, Defendants and Third-Party Plaintiffs, vs. Roger Waldner, Third-Party Defendant; Order on motion to withdraw reference of case or proceeding within case 05/01/2006
-Hawkeye Commodity Promotions, Inc. v. Thomas J. Vilsack, et al; Hawkeye Commodity Promotions, Inc., filed an official capacity suit against Iowa Attorney General Miller and the Commissioner of the Iowa Department of Public Safety in response to the enactment of Senate File 2330, which effectively bans the use of TouchPlay lottery machines in Iowa on May 3, 2006 at 11:59 p.m.; plaintiff sought preliminary and permanent injunctions and a declaratory judgment that the law is unconstitutional because plaintiff owns 724 TouchPlay machines; Court finds that the state law is not a violation of the Contract Clause, the Takings Clause, the Equal Protection Clause or the Due Process Clause of the Federal Constitution04/26/2006
-Connie M. Gretillat v. Care Initiatives; Civil Rights/employment discrimination case under American with Disabilities Act; Court finds plaintiff was not disabled and grants defendant's motion for summary judgment02/13/2006
-Colleen Benedict and Joseph Benedict v. Zimmer, Inc.; Order on defendant's motion for summary judgment12/16/2005
-Iowa Protection and Advocacy Service, Inc. v. Tanager Place and Tanager, Inc., Counterclaim Plaintiff v. Iowa Protection and Advocacy Service, Inc., Counterclaim Defendant; Tanager Place, Third-Party Plaintiff, vs. Sylvia Piper, Third-Party Defendant; Order regarding federal supplemental jurisdiction12/13/2005
-In Re Francis P. Takes and Mary L. Takes, Debtors; (LaSalle Bank, N.A. and Valley Bank, Appellants v. Frances P. Takes and Mary L. Takes); Order reversing Bankruptcy Court's finding that debtor's residence was completely exempt12/05/2005
-Colleen Benedict and Joseph Benedict v. Zimmer, Inc.; Order regarding Rule 72 motion12/05/2005
-Attorney's Process and Investigation Services, Inc. v. Sac & Fox Tribe of the Mississippi in Iowa; Plaintiff filed a motion for preliminary injunction to enjoin an action pending in the Court of the Sac and Fox Tribe of the Mississippi in Iowa; defendant previously brought a suit in that court against plaintiff alleging various torts; plaintiff alleged the tribal court did not have jurisdiction over it because it is a non-Indian; plaintiff further alleged it would be irreparably harmed if the tribal court action were to proceed because the tribal court is biased, it would not be allowed to assert a counterclaim against the Tribe, and the 2003 contract it entered into with the Tribe contains an arbitration clause; Court found it did not have jurisdiction over the lawsuit; court denied plaintiff's claim that exhaustion of tribal court remedies would be futile and stayed the federal action pending the exhaustion of tribal remedies; court determined the tribal court must, in the first instance, determine the extent of its own jurisdiction 11/15/2005
-Wagner Enterprises, Inc., d/b/a The Jym Bag Company v. John Deere Shared Services, Inc., f/k/a Deere Marketing Services, Inc.; In a case involving an alleged oral modification of a written licensing agreement, defendant filed a motion for summary judgment arguing the modification failed for lack of consideration, indefinite terms and lack of mutual assent; defendant argued plaintiff could not claim the contract had been modified and breached, due to the doctrine of merger; defendant further argued the alleged oral statement was too indefinite to establish a claim of promissory estoppel; court agreed with defendant and dismissed plaintiff’s breach of contract and promissory estoppel claims; court granted defendant’s motion for summary judgment on both counts10/31/2005
-United Fire & Casualty Company v. Applied Financial, Inc.; Order re defendant Applied Financial, Inc.’s motion to dismiss for lack of personal jurisdiction or, in the alternative, transfer to Utah 10/28/2005
-Medical Associates Health Plan, Inc. dba Medical Associates Health Maintenance Organization v. CIGNA Corporation; Order on motions for summary judgment - breach of contract10/06/2005
-GreatAmerica Leasing Corp. v. Rohr-Tippe Motors, Inc., et al.; Order on plaintiff's application for attorneys fees10/06/2005
-GreatAmerica Leasing Corporation v. Rohr-Tippe Motors, Inc., et al.; Order on plaintiff's motion for remand09/06/2005
-Iowa Protection and Advocacy Services, Inc. v. Tanager Place and Tanager, Inc.; Tanager Place v. Iowa Protection and Advocacy Services, Inc.; Tanager Place v. Sylvia Piper; Order on motion for summary judgment; Order on motion for pretrial determination of defamation per se08/24/2005
-Weyerhaeuser Corporation d/b/a Cedar River Paper Company v. D.C. Taylor Company; In a ruling on the merits following a bench trial regarding whether the defendant's construction of two paper mill roofs breached the roofing subcontracts, the court held plaintiff failed to prove that it performed under the contracts and that defendant breached them. 07/29/2005
-United States v. B.H.; After the defendant was committed under Iowa law to outpatient care and subsequently released, he sought to repossess firearms seized prior to his commitment. The state argued he was not entitled to the return of his firearms under state and federal law; the state court judge ruled against the state and ordered the firearms to be returned to the defendant. The US Attorney's Office subsequently filed a declaratory judgment action asking this court to declare the firearms contraband as to the defendant due to his prior commitment. The court held the US Attorney's Office was virtually represented by the state in the prior proceeding and thus was precluded from pursuing the civil action in this court.07/07/2005
-Lisa Mackie n/k/a Lisa Swalley v. U.S. Manufacturing, Inc. and Global Resources Recovery Organization, Inc.; In a case alleging sex discrimination, hostile work environment and retaliation claims in violation of Title VII and ICRA and state common law assault and battery claims, the court found the plaintiff failed to establish a prima facie case of sex discrimination, hostile work environment or retaliation. The plaintiff did not resist the defendants' motion as it related to the assault and battery claims. The court found the defendants were entitled to summary judgment on all counts. 06/29/2005
-Thomas W. Prochaska v. Color-Box, L.L.C.; The court granted summary judgment in favor of the employer where the plaintiff failed to demonstrate a prima facie case of age discrimination. Specifically, the plaintiff did not prove he was performing his job duties at a level that met the employer's reasonable expectations prior to his termination. Furthermore, if the plaintiff had demonstrated a prima facie case, the employer produced a legitimate, non-discriminatory reason for the termination and the plaintiff failed to provide evidence the employer's reason was a pretext for age discrimination. 06/01/2005
-All County Electric Company v. Local 288 International Brotherhood of Electrical Workers; The court ordered an employer -- who is not a union shop but previously was found to be the alter ego of a union shop -- to pay backpay wages to the union on behalf of its employees and to comply with the collective bargaining agreement (CBA) between the union and NECA. The court found the employer never gave notice of its intent no longer to be bound by the CBAs and thus is bound by a CBA unilaterally obtained by the union via an interest arbitration clause.05/25/2005
-Local 288 International Brotherhood of Electrical Workers v. CCT Corporation d/b/a Black Hawk Electric Co. and All County Electric; The court ordered an employer -- who is not a union shop but previously was found to be the alter ego of a union shop -- to pay backpay wages to the union on behalf of its employees and to comply with the collective bargaining agreement (CBA) between the union and NECA. The court found the employer never gave notice of its intent no longer to be bound by the CBAs and thus is bound by a CBA unilaterally obtained by the union via an interest arbitration clause.05/25/2005
-CRST Van Expedited, Inc. v. J.B. Hunt Transport, Inc., James Howard, Troy Shaver, Larry Uland, Shane Vanden Heuvel, Robert L. Simpson, II, and Keith P. Bell; Defendant J.B. Hunt moves the court to dismiss the case pursuant to the first-filed rule, transfer it for consolidation with pending litigation between CRST and J.B. Hunt in the Western District of Oklahoma, abstain from exercising jurisdiction in favor of an Arkansas state action between CRST and J.B. Hunt, or stay it pending a decision from the Ninth Circuit Court of Appeals in a lawsuit between CRST and another trucking competitor. The court denies the motion on all grounds.03/31/2005
-Seitz v. Metropolitan Life Insurance Company and Merck & Co., Inc. Long Term Disability Program for Non-union Employees; plaintiff challenged the plan administrator's decision denying him long-term disability benefits in an ERISA action; Court found the administrator's decision was not an abuse of discretion and granted summary judgment in favor of defendants 03/30/2005
-Sac & Fox Tribe of the Mississippi in Iowa Election Board v. Bureau of Indian Affairs, Midwest Regional Director and Office of the Assistant Secretary-Indian Affairs, Aurene M. Martin, First Assistant and Principal Advisor; motion to dismiss filed by current election board; case dismissed because the motion to dismiss raises intra-tribal disputes regarding (1) any election board's authority under the Tribe's Constitution to file a lawsuit in federal court and, if so, (2) which election board is the proper plaintiff in this suit 03/02/2005
-American Express Financial Advisors, Inc. v. Richard Yantis; This preliminary injunction motion arises in the context of a restrictive covenant in a franchise agreement. After applying the Dataphase factors, the court found the plaintiff/franchisor demonstrated the likelihood of success on the merits, the threat of irreparable harm, the balance of harm and the public interest all weighed in favor of granting a preliminary injunction against the defendant/former franchisee. 02/28/2005
-Brian R. Sillick v. John F. Ault; In the context of a 28 U.S.C. § 2254 petition, the court found the state courts' analysis of Sillick's ineffective assistance of counsel claims based on the failure to object to allegedly flawed jury instructions did not result in decisions contrary to or involving an unreasonable application of clearly established federal law. Furthermore, the state courts' analysis of such claims did not result in a decision based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. Sillick's remaining ineffective assistance of counsel claims are procedurally defaulted. 02/25/2005
-Terry Denner v. Deere & Company; The court granted summary judgment in the defendant's favor where the plaintiff, alleging a theory of promissory estoppel, failed to show the defendant made a clear and definite promise of employment. 01/07/2005
-In Re Iowa Oil Company, Debtor and Iowa Oil Company, Plaintiff v. Citgo Petroleum Corporation, Defendant; Appeal of bankruptcy court's decision denying setoff of credit card receipts retained by creditor pursuant to terms of franchise agreement for amounts retained both prepetition and postpetition and denying creditor's right to setoff or recoup amount of state fuel taxes paid by creditor on behalf of debtor and ordering that creditor turn over to the bankruptcy estate the full amount of credit card receipts retained by creditor. Reversed in part, affirmed in part and remanded. 09/30/2004
-Iowa Protection and Advocacy Services, Inc. v. Tanager Place and Tanager, Inc.; Order on permanent injunction09/30/2004
-Sac & Fox Tribe of the Mississippi in Iowa Election Board v. Bureau of Indian Affairs, et al.; Order on motion to dismiss; analysis of whether plaintiff established standing and jurisdiction06/10/2004
-Goss International Corporation v. Tokyo Kikai Seisakusho, Ltd.; Order regarding plaintiff's amended petition for fees and costs pursuant to 15 U.S.C. § 7206/02/2004
-Brent Kreinbring v. Alternative Claims Services, Inc., Gary Hoffman and Tony Polk; motion to remand; case remanded to state court because notice of removal was not filed within 30 days of: (1) the date defendants were served with the complaint; or (2) the date from which defendants could reasonably ascertain the amount in controversy exceeded $75,000.0005/27/2004
-In the Matter of American Commercial Lines LLC as the Owner and American Commercial Barge Line LLC as Operator, of the Barge “PV548B”, in a case for exoneration from and/or limitation of liability; motion for entry of injunction and notice to claimants; shipowner’s liability limited pursuant to the Limitation of Liability Act, 46 U.S.C. App. § 181.) 05/26/2004
-Goss International Corporation v. Tokyo Kikai Seisakusho, Ltd.; case under the Antidumping Act of 1916, 15 U.S.C. § 72; jury verdict for Goss in the amount of $10,539,949; the 1916 Act provides for treble damages and judgment entered in the amount of $31,619,847; motion for a new trial and motion for judgment as a matter of law denied; the evidence supported the jury verdict; the jury instructions properly apprised the jury of the issues and the applicable law; the court did not commit legal errors that would warrant a new trial; Goss met its burden of proof with regard to each element of its claim; and the evidence supported the jury’s finding of injury05/26/2004
-Jon E. Kinzenbaw and Kinze Manufacturing, Inc. v. Case LLC fka Case Corporation and New Holland North America, Inc.; Case LLC fka Case Corporation and New Holland North America, Inc., Counterplaintiffs v. Jon E. Kinzenbaw Kinze Manufacturing, Inc., James J. Hill and Emrich & Dithmar, a partnership, Counterdefendants; Case moved to disqualify Kinze's lead counsel; Cahill firm in Chicago appeared as counsel for Kinze in November 2001. In October 2002, Perkins Coie acquired the Cahill firm and thus represents Kinze from its Chicago office; Perkins Coie (Seattle office) has represented Case on various business matters since 1996; nearly 3 years into the case, 17 months after Perkins Coie began its representation of Kinze, and with trial set to commence within the year 2004, Case moved to disqualify Perkins Coie; although Perkins has violated the ethical duty not to work for two adverse parties simultaneously, the court finds under these circumstances the motion to disqualify should be denied05/20/2004
-Jon E. Kinzenbaw and Kinze Manufacturing, Inc. v. Case, LLC fka Case Corporation and New Holland North America, Inc. and Case, LLC fka Case Corporation and New Holland North America, Inc. v. Jon E. Kinzenbaw, Kinze Manufacturing, James J. HIll and Emrich & Dithmar; Order regarding construction of two disputed claims in patent for agricultural implement; holding ordinary meaning of claim language governs and declining to alter meaning of claim language based on description of preferred embodiment in patent specification or on disavowal of claim meaning during prosecution history05/12/2004
-Cedar Rapids Zen Center, Inc. and Zuiko Redding v. City of Cedar Rapids; Order on motion for summary judgment; analysis of whether Plaintiffs’ claims are ripe04/23/2004
-Elaine Chao, Secretary of Labor, United States Department of Labor v. Michael Sauve, Kathleen Sauve, and the Distribution Contractors, Inc., 401(K) Savings and Profit Sharing Plan; Order on motion for default judgment; analysis of whether plan trustees violated fiduciary duties03/16/2004
-Trustees of the Five River Carpenters District Council Health and Welfare Fund and Trustees of the Five River Carpenters Joint Apprenticeship and Training Committee Fund v. Steiner Construction, Inc.; Order on motion for default judgment; defendant failed to make contributions to ERISA funds; award of delinquent contributions, liquidated damages, interest, attorney’s fees and costs03/16/2004
-Hodgin v. Trans World Airlines, Inc. and United States Aviation Underwriters, Inc.; Order on motion for summary judgment; analysis of whether: (1) Hodgin properly served TWA with process, (2) Hodgin released all of his claims against TWA, and (3) Hodgin may maintain a direct action against USAU as an insurer03/03/2004
-Pippert v. Gundersen Clinic, Ltd.; Order on motion for summary judgment and motion to strike or in the alternative to amend complaint alleging fraudulent misrepresentation01/14/2004
-Lisa Mackie v. U.S. Manufacturing, Inc., et al. Order on motion to set aside entry of default; analysis of whether defendant showed good cause to set aside entry of default01/09/2004
-Bellevue State Bank v. Keith Hueneke and Rhonda Hueneke; Order on motion to remand; case remanded to state court because notice of removal was not filed within 30 days after service of initial pleading or summons and because complaint did not pose federal question01/08/2004
-Thomas Nowers v. Gazette Communications, Inc.; Order on defendant's motion for partial summary judgment; analysis of whether plaintiff exhausted administrative remedies; examination of whether evidence supports a claim of constructive discharge; analysis of whether plaintiff can establish prima facie case of age discrimination; assessment of supplemental jurisdiction over state law claim01/08/2004
-Weyerhaeuser Corporation d/b/a Cedar River Paper Company v. Tamko Roofing Products, Inc. and D.C. Taylor Company; Order on motion for summary judgment; analysis of whether transfer of guarantee voided warranty; examination of whether plaintiff filed complaint within contractual limitations period 12/17/2003
-Goss International Corp. v. Tokyo Kikai Seisakusho, Ltd. and TKS, Inc.; Order on motion for summary judgment12/04/2003
-Thompson, et al. v. United Transportation Union; Order on motion for remand; plaintiffs' state law claims are not preempted by the Railway Labor Act because they do not require interpretation of any collective bargaining agreement; matter remanded to state court12/03/2003
-U.S. v. Elias Real-Flores; Order on review of defendant's 28 U.S.C. Section 2255 motion12/02/2003
-Stephen C. Leonard v. John F. Ault, William H. Soupene, Harry Brown, Steve Hebron, Russell Behrends, Mike Bickford, Marvin Kurt, Kathy Lint, Phil Kauder, Nancy Kucera, John Spence, Gary Maynard, Dennis Labarge, Sue Vanamcrongen; Order on plaintiff's motion to alter or amend judgment regarding denial of in forma pauperis status pursuant to three strikes provision 28 U.S.C. Section 1915(g)12/02/2003
-Scheckel v. Iowa Dept. of Revenue and Finance, et al.; Order on motion to dismiss lack of subject matter jurisdiction based upon Eleventh Amendment immunity, the Tax Injunction Act and principles of comity11/24/2003
-Transamerica Financial Life Insurance Co., et al. v. Merrill Lynch & Co., Inc.; Order on motion for remand and abstention; analysis of whether the action is "related to" the pending Enron bankruptcy in SDNY; application of mandatory abstention, permissive abstention and equitable remand11/17/2003
-Thomson v. Gummiwerk Kraiburg Elastik, et. al.; Order on defendants' motions for summary judgment, motion to exclude and motion to strike; whether expert testimony meets admissibility requirements under Daubert; whether Rule 37 sanctions are appropriate where party fails to comply with Rule 26 disclosure requirements11/13/2003
-Ronald Dean Swartz v. John Mathes, Warden; 28 U.S.C. Section 225411/12/2003
-Avery Dennison Corporation v. The Home Trust & Savings Bank; Order on defendant's motion for summary judgment; analysis of whether beneficiary's demand strictly complied with terms of letter of credit11/07/2003
-All-Iowa Contracting Co. v. Linear Dynamics, Inc.; Order on motion for summary judgment; diversity action involving claims for actual, consequential, and liquidated damages resulting from alleged negligence, breach of warranties, and breach of contract10/23/2003
-Sac & Fox Tribe of the Mississippi in Iowa, a federally recognized Indian tribe; Homer Bear, Jr., individually and as Chairman of the appointed Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, individually and as the Acting General Manager and Casino Manager of Meskwaki Bingo•Casino•Hotel, a subordinate enterprise of the Sac & Fox Tribe of the Mississippi in Iowa, Plaintiffs, vs. United States of America and Philip N. Hogen, individually and as Chairperson of the National Indian Gaming Commission, Defendants; Sac & Fox Tribe of the Mississippi in Iowa, and Alexander Walker, Jr., as Chairman of the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa, Intervenors, vs. Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr., Ray A. Young Bear, Frank Black Cloud, Keith Davenport and Deron Ward, Cross-claim Defendants; United States of America, for the National Indian Gaming Commission, Plaintiff, vs. Alexander Walker, Jr.; Homer Bear, Jr.; Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, Defendants,Sac & Fox Tribe of the Mississippi in Iowa, a federally recognized Indian tribe; Homer Bear, Jr., individually and as Chairman of the appointed Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, individually and as the Acting General Manager and Casino Manager of Meskwaki Bingo•Casino•Hotel, a subordinate enterprise of the Sac & Fox Tribe of the Mississippi in Iowa, Plaintiffs, vs. United States of America and Philip N. Hogen, individually and as Chairperson of the National Indian Gaming Commission, Defendants; Sac & Fox Tribe of the Mississippi in Iowa, and Alexander Walker, Jr., as Chairman of the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa, Intervenors, vs. Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr., Ray A. Young Bear, Frank Black Cloud, Keith Davenport and Deron Ward, Cross-claim Defendants; United States of America, for the National Indian Gaming Commission, Plaintiff, vs. Alexander Walker, Jr.; Homer Bear, Jr.; Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, Defendants,Sac & Fox Tribe of the Mississippi in Iowa, a federally recognized Indian tribe; Homer Bear, Jr., individually and as Chairman of the appointed Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, individually and as the Acting General Manager and Casino Manager of Meskwaki Bingo•Casino•Hotel, a subordinate enterprise of the Sac & Fox Tribe of the Mississippi in Iowa, Plaintiffs, vs. United States of America and Philip N. Hogen, individually and as Chairperson of the National Indian Gaming Commission, Defendants; Sac & Fox Tribe of the Mississippi in Iowa, and Alexander Walker, Jr., as Chairman of the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa, Intervenors, vs. Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr., Ray A. Young Bear, Frank Black Cloud, Keith Davenport and Deron Ward, Cross-claim Defendants; United States of America, for the National Indian Gaming Commission, Plaintiff, vs. Alexander Walker, Jr.; Homer Bear, Jr.; Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, Defendants,Sac & Fox Tribe of the Mississippi in Iowa, a federally recognized Indian tribe; Homer Bear, Jr., individually and as Chairman of the appointed Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, individually and as the Acting General Manager and Casino Manager of Meskwaki Bingo•Casino•Hotel, a subordinate enterprise of the Sac & Fox Tribe of the Mississippi in Iowa, Plaintiffs, vs. United States of America and Philip N. Hogen, individually and as Chairperson of the National Indian Gaming Commission, Defendants; Sac & Fox Tribe of the Mississippi in Iowa, and Alexander Walker, Jr., as Chairman of the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa, Intervenors, vs. Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr., Ray A. Young Bear, Frank Black Cloud, Keith Davenport and Deron Ward, Cross-claim Defendants; United States of America, for the National Indian Gaming Commission, Plaintiff, vs. Alexander Walker, Jr.; Homer Bear, Jr.; Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, Defendants05/22/2003
-Cedarrapids, Inc. vs. Chicago Central & Pacific Railroad Company d/b/a Canadian National/Illlinois Central Railroad; Order on plaintiff's motion to remand and defendant's motion to dismiss05/21/2003
-Antunez-Fernandes v. Connors-Fernandes; Order on petition for return of children; father petitioned court under the Hague Convention to return his children to France; analysis of whether father established prima facie case of wrongful removal and retention of children by their mother in the United States; whether any of the following exceptions under the Hague Convention permit children to remain in the United States; (1) whether father acquiesced in children's removal and retention; (2) whether action was commenced more than one year after removal, (3) whether children are well settled in their environment, (4) whether return to France would expose children to a grave risk of harm, and (5) whether the court should consider the wishes of children; even if one exception applies, court may in its discretion nevertheless order the return of children to further the aims of the Hague Convention04/25/2003
-AUSA Life Insurance Co., et al. v. Citigroup, Inc., et al.; Order on motion for remand and abstention; analysis of whether the action is "related to" the pending Enron bankruptcy in SDNY; application of mandatory abstention, permissive abstention and equitable remand04/24/2003
-Sac and Fox Tribe of the Mississippi in Iowa; Alex Walker, Jr.; Frank Wanatee; Jr.; Lyle Walker; Aaron Walker; Calvin Johnson, Sr.; Vern Jefferson; and Talbert Davenport, Sr. vs Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr.; Ray A. Young Bear; Frank Black Cloud; Keith Davenport; Deron Ward; Wells Fargo Bank Iowa, N.A.; State Bank of Toledo; Home Federal Savings Bank; Order on motion for temporary restraining order; assessment of federal question subject matter jurisdiction under general U.S. trust responsibilities toward Indian affairs, Indian Gaming Rights Act, or Racketeering Influenced and Corrupt Organizations Act04/15/2003
-Junker v. Amana Company L.P. a/k/a Amana Refrigeration; Order on summary judgment; plaintiff was terminated by Amana, argued that Amana violated FMLA by terminating employment due to alleged failure to follow Amana's medical leave policies and procedures; analysis of duty of employee under FMLA to notify employer of the need to take medical leave and to extend medical leave; breach of contract claim alleging the terms of Amana's employment manual and employment policies constitututed an enforceable contract and Amana breached this contract due to its termination of plaintiff's employment in violation of public policy and the terms of the contract; analysis of viability of state law breach of contract claim where employee's union is party to collective bargaining agreement with employer; whether such claim is preempted by Section 301 of the Labor Management Relations Act01/08/2003
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-U.S. v. James Sumner; Order granting in part and denying in part the defendant's motion for judgment of acquittal and motion for new trial. The court found that there was insufficient evidence to support the jury's guilty verdict as to Count 1; however, the court concluded that there was sufficient evidence to support the jury's guilty verdicts as to Count 2 through 4. In the event that the Eighth Circuit Court of Appeals reverses the court's ruling as to Count 1, the court granted the defendant's motion for new trial as to that count. 05/16/2013
-U.S. v. Donald K. Washburn; order denying defendant's motion for judgment of acquittal and motion for new trial. The court found that there was sufficient evidence to support the jury's guilty verdicts as to Counts 1-8, 10-30 and 31-49. The court further found that the interests of justice did not require the court to grant defendant a new trial.05/21/2012
-U.S. v. Sholom Rubashkin; sentencing memorandum06/21/2010
-U.S. v. Thomas J. Woods; sentencing memorandum regarding restitution to victim of child pornography offenses03/03/2010
-U.S. v. Sholom Rubashkin; Order denying defendant's motion for judgment of acquittal and motion for new trial03/01/2010
-U.S. v. Kevin Kruse; Defendant who pled guilty to one count of aggravated sexual abuse of a minor sentenced to 470 months of imprisonment after applying 2G2.1 and 4B1.5.05/26/2009
-U.S. v. Heather Fiorella a/k/a Heather Gonsorcik; Defendant who pled guilty to three counts of possession of child pornography sentenced to 360 months' imprisonment after district court found she obstructed justice and upheld USSG 2G2.1 against Kimbrough v. United States, 128 S. Ct. 558 (2007) challenge.02/11/2009
-U.S. v. Sean Merrill; court held that child pornographer was not subject to sentencing enhancement for distribution, where defendant did not disseminate child pornography to others but instead only moved it from one electronic device to another09/26/2008
-U.S. v. Mack Davis; court held defendant was career offender, based in part upon prior conviction for Indecent Contact With a Child, in violation of Iowa Code Section 709.12(4) (1993)09/17/2008
-U.S. v. Orlando Birbragher, Marshall Neil Kanner, Douglas Willis Bouchey, Armando Angulo and Peter Colon Lopez; order on motion to dismiss07/22/2008
-U.S. v. Roger Waldner; court sentenced defendant to 120 months imprisonment on his pleas of guilty to two counts of bankruptcy fraud, arising out of In Re H & W Motor Express Co, No. 02-2017 (Bankr. N.D. Iowa Jun. 12, 200207/07/2008
-U.S. v. Lamont William Papakee; court's sentencing memorandum; court held that sexual abuse in Indian Country is a crime of violence for purposes of career offender finding and held alternative variance permissible after Gall v. United States04/24/2008
-U.S. v. Ronald Coleman; sentencing memorandum holding that defendant's prior Iowa conviction for drug tax stamp violation was a prior felony drug conviction for purposes of 21 U.S.C. §§841 & 85104/01/2008
-U.S. v. Chris Pipkin; ordering defendant to make restitution despite an order of discharge over the restitution in bankruptcy court02/19/2008
-U.S. v. Charles Thomas; order regarding constitutionality of the sex offender registration provisions of the Adam Walsh Act02/13/2008
-U.S. v. Charles Warthan; sentencing memorandum opinion; court calculated defendant's advisory Sentencing Guidelines range. Minor role adjustment did not apply, upward departure for number of victims applied, downward departure for discharged term of imprisonment did not apply.02/07/2008
-U.S. v. Linda Darcell Gilbert; sentencing memorandum opinion07/24/2007
-United States v. Abdel-Ilah Elmardoudi; motion to dismiss pursuant to Rule 48(b); denying defendant's motion; finding no prejudicial preindictment delay in the government's presentation of the charges to the grand jury; and finding no unnecessary post-indictment delay due, mainly, to defendant's own requests for trial continuances. 07/05/2007
-United States v. Abdel-Ilah Elmardoudi; motion to dismiss on double jeopardy grounds; denying defendant's motion; finding that the double jeopardy principles were not implicated because defendant was convicted in the Eastern District of Michigan on a terrorism count and a document fraud count, and then, after trial, the charges were dismissed in post-trial proceedings; alternatively holding that the offenses in the prior indictment and the instant indictment were not the "same" for purposes of the Double Jeopardy Clause. 07/05/2007
-United States v. Abdel-Ilah Elmardoudi; motion to dismiss on due process grounds; denying defendant's motion; finding no Fifth Amendment violations due to outrageous government conduct or prosecutorial misconduct; declining defendant's invitation to use the court's supervisory power to dismiss the two-count indictment. 07/05/2007
-U.S. v. Robert Earl Cole; sentencing memorandum opinion07/03/2007
-United States v. Abdel-Ilah Elmardoudi; motion to subpoena trial witnesses pursuant to Rule 104; denying defendant's motion; determining that the proposed testimony of a district court judge, a United States Attorney and a defense attorney was not admissible; and declining to issue trial subpoenas for each. 06/27/2007
-U.S. v. James Howard Bentley; sentencing memorandum opinion06/25/2007
-U.S. v. Michael Edward Kowal; order on motion to dismiss, bench trial and motion for judgment of acquittal. The court denied the motion to dismiss and motion for judgment of acquittal, and it found defendant GUILTY on Counts 5 and 7, which charged the defendant with aggravated identity theft in violation in 18 U.S.C. § 1028A(a)(1). The court found that the term "person" in § 1028A(a)(1) includes all human beings, regardless of whether they are living at the time their identity is stolen and used. It found that the defendant's use of a decedent's surname and birth month constituted the defendant's use of the "means of identification of another person," and it rejected the defendant's claim that he changed his name through his Iowa marriage.05/15/2007
-U.S. v. David Evan Starr; sentencing memorandum opinion05/15/2007
-U.S. v. Lamont William Papakee and Connie Frances Blackcloud; order finding federal criminal jurisdiction over alleged sex crimes at Meskwaki Settlement05/02/2007
-U.S. v. James Howard Bentley; Rule 414 order, admitting evidence of prior offenses of child molestation in child pornography prosecution.02/21/2007
-United States v. Abdel-Ilah Elmardoudi; motion to dismiss on statute of limitations and pre-indictment delay grounds; denying defendant's motion; holding that the conspiracy to commit document fraud charge and the fraudulent use of a social security number charge in the indictment were not barred by the statute of limitations; and holding that there was no violation of the Fifth Amendment due process clause due to unreasonable pre-indictment delay because defendant could not show actual or substantial prejudice. 01/22/2007
-U.S. v. B.H.; declaratory judgment finding that defendant was committed to a mental institution and, therefore, ordering his weapons and ammunition destroyed.,U.S. v. B.H.; declaratory judgment finding that defendant was committed to a mental institution and, therefore, ordering his weapons and ammunition destroyed.12/07/2006
-U.S. v. James Joseph Sheridan; Court denied defendant's motion to dismiss a one-count indictment which charged defendant with knowingly possessing a stolen firearm, in violation of 18 U.S.C. § 922(j). The court concluded that defendant's Fifth Amendment right to due process right was not violated. It found there was no vindictive prosecution or unreasonable pre-indictment delay. 11/16/2006
-US v. Bradford; sentencing memorandum opinion on plea of guilty to conspiracy to distribute heroin, upward departure imposed because, during the conspiracy, defendant also sold heroin resulting in death11/08/2006
-US v. Brion Johnson; pretrial matters on remand for child pornography charges, interpreting Adam Walsh Act ,US v. Brion Johnson; pretrial matters on remand for child pornography charges, interpreting Adam Walsh Act 09/25/2006
-U.S. v. Mark Lou Meyer; Order revoking defendant's probation after he violated his conditions of probation by traveling out-of-state without permission and by having eight positive sweat patch test results07/07/2006
-U.S. v. August L. Holthaus, Jr.; sentencing memorandum opinion resolving advisory guidelines calculation issues relating to loss in bankruptcy proceeding and whether a bankruptcy trustee may recover restutition under the MVRA.07/07/2006
-U.S. v. Daniel P. Mitchell; sentencing memorandum opinion06/22/2006
-U.S. v. Kent Raymond Platter; Order denying defendant's motion to dismiss alternate counts pursuant to United States v. Richardson, 439 F.3d 421 (8th Cir. 2006); the court declined to compel the government to elect between multiplicitous counts under 18 U.S.C. § 922(g)(1) and (3). 06/12/2006
-U.S. v. Steven Bradford; Order granting defendant's motion for specific enforcement of a plea agreement and dismissing the indictment.06/02/2006
-U.S. v. L.M. (a juvenile) Order on government's motion to transfer proceedings04/12/2006
-U.S. v. L.M. (a juvenile); Order granting in part and denying in part government's motion to permit victims access to information and proceedings03/31/2006
-U.S. v. Shaun Joseph Ruff; Order re remand from Eighth Circuit regarding restitution and double recovery02/02/2006
-U.S. v. Shaun Joseph Ruff; Order denying defendant's motion for recusal01/25/2006
-U.S. v. Daniel P. Mitchell; Order granting defendant's motion for new trial01/04/2006
-U.S. v. Kevin Patrick O'Connell; Order setting aside magistrate judge's report and recommendation re motion to suppress12/07/2005
-U.S. v. Jose De Jesus Ibarra-Castaneda, Luis Armando Varela-Arteaga, Hacienda Las Glorias, Inc., Mexico of Cedar Rapids, Inc., Cuatro, Inc. and Hot Springs, Inc.; Order re defendants' motion for recusal10/31/2005
-U.S. v. Jeremy Ray Hall; Order re defendant's motion to suppress10/13/2005
-U.S. v. Araceli Martinez; Order on defendant's motion to recuse09/07/2005
-U.S. v. Scott W. Meiner; Order regarding motion to suppress08/16/2005
-U.S. v. Craig Allen Thomas; Order regarding defendant's motion to suppress08/08/2005
-U.S. v. David L. Taylor, Jr.; Order regarding motion to vacate, set aside or correct sentence04/28/2005
-U.S. v. David L. Taylor, Jr.; Order regarding motion for new trial based on newly discovered evidence04/28/2005
-U.S. v. Maurice Wilkins; Court denied defendant's motion to withdraw his guilty plea based on alleged ineffective assistance of counsel 03/17/2005
-U.S. v. Eddie Denton; In a case involving an individual who injured his head after committing the crime but before being indicted, the court found, based on medical evidence, trial counsel's testimony, the defendant's childrens' affidavits, and the court's own recollection of the defendant's trial testimony and demeanor, the defendant received due process and was competent to stand trial and to assist in his defense. 02/16/2005
-U.S. v. Billy Gene Howard; motion for judgment of acquittal and for new trial (case charging defendant with being a felon in possession of a firearm, knowingly possessing stolen firearms, and being an unlawful user of methamphetamine in possession of firearms, defendant alleged the evidence connecting him with a burglary in which firearms were stolen was insufficient to support the inference he stole the firearms and the evidence indicated defendant's brother was responsible for the guns being in defendant’s van; jury convicted on all 3 counts; court accepted verdict and denied motions for new trial and acquittal)01/07/2004
-U.S. v. Leppert; motion to suppress evidence seized from his residence pursuant to search warrant; officers received information from previously-untested informant who told them Leppert had sold him methamphetamine at Leppert's residence that day and he had previously seen Leppert sell one-half gram of methamphetamine for a shotgun; reliable CI had told officers approximately one week prior to the search that he knew Leppert was "staying" at the residence and he corroborated other informant's testimony about the shotgun exchange; analysis of whether (1) search warrant for residence was supported by probable cause that Leppert was residing at the house searched and evidence of a crime would be found at the house; (2) officers nonetheless acted reasonably under the Leon good faith exception in relying on the warrant 12/03/2003
-U.S. v. Altedias Campbell; Order on motion for new trial11/19/2003
-U.S. v. Curtis Swayze; Order on motion for new trial11/18/2003
-United States v. Jesse Hephner and Shannon Kramarczyk; motion to suppress; (Order regarding report and recommendation concerning motion to suppress; probable cause supported initial stop; moving of truck prior to search was reasonable; search did not exceed scope of defendant’s consent; length of stop was not longer than necessary to effectuate purpose of stop; drug dog’s positive indication during sniff provided probable cause for search of truck and toolbox; defendant was not in custody when he made statements prior to being given Miranda warnings; and statement made after invocation of right to counsel was inadmissible.) 05/08/2003
-U.S. v. Wade Wilson; motion to suppress evidence seized during traffic stop; officers followed defendant’s vehicle after he stopped briefly at an apartment building where officers were about to execute a search warrant; officers initially pulled over defendant’s vehicle because valid registration not displayed; officers saw proper registration tag as they approached the vehicle; analysis of whether: (1) search warrant authorizing the search of “all vehicles registered to anyone known to reside at [an apartment]" of a multi-unit building is unconstitutional; (2) probable cause dissipated once officer saw registration tag; (3) leaving multi-unit apartment building where one apartment unit is a suspected crack house, with no other suspicious circumstances, constitutes reasonable suspicion; (4) consent removed taint of unlawful detention 02/07/2003