This case arises from failed negotiations for the acquisition and management of H&W Motor Express, Inc. (“H&W”), a financially struggling trucking company in Dubuque, Iowa. Roger Waldner appeals the district court’s adverse grant of summary judgment on his various state law tort and contract c...   MORE>>

George Studnicka filed suit against Dr. A. Daniel Pinheiro, Dr. Kerry D. Olsen, and the Mayo Clinic, alleging a cause of action for common-law battery. Studnicka claimed that the two physicians performed surgery on him without his informed, written consent, and that this action constituted battery u...   MORE>>

The United States brought a civil action against Russell T. Hawley, an insurance agent, and his insurance company, Hawley Insurance, Inc. (collectively, “Hawley”), alleging violations of the False Claims Act (“FCA”), 31 U.S.C. § 3729(a)(1)-(3) (2006), amended by Fraud Enforcement and Recove...   MORE>>

This appeal concerns Appellants' claims against Appellees Sunset Financial Services, Inc. ("Sunset") and Kansas City Life Insurance Company ("KCL") for damages arising out of a Ponzi scheme perpetrated by Bryan Behrens, a registered representative of Sunset and general agent of KCL. Appellants br...   MORE>>

Officer Jeff Carter of the Fort Smith Police Department (“FSPD”) engaged in a shootout with a suspect later identified as Gary Nixon. During the exchange of gunfire, Officer Carter accidentally shot Olivia Stewart, an innocent bystander. Stewart died, and the administrator of her estate, Dontrea...   MORE>>

Dr. Antoine Khoury appeals the district court’s dismissal of his tort lawsuit against Philips Medical Systems (Philips). Dr. Khoury argues the district court abused its discretion in excluding the testimony of his expert witness, Dr. Robert Andres, as unqualified and unreliable under Fed. R. Evid....   MORE>>

Betty Vargo-Schaper appeals the district court’s grant of summary judgment in favor of Weyerhaeuser Company (“Weyerhaeuser”), on Vargo-Schaper’s negligence claim. Vargo-Schaper contends there was sufficient evidence of negligence to submit the case to a jury. We affirm the district court’s...   MORE>>

After Joshua Munroe and his wife entered a settlement agreement that released those who allegedly caused a severe tractor-trailer accident from any individual liability above their liability insurance coverage, Auto-Owners Insurance Company brought a declaratory judgment action to establish that the...   MORE>>

Susan and Robert Johnson filed a state civil suit making multiple claims against several defendants as a result of allegedly defamatory statements posted on an internet discussion board. The defendants removed the case to federal court. The original complaint included six defendants; however, the Jo...   MORE>>

Gelpi Boudwin appeals the district court’s grant of summary judgment in favor of Hastings Bay Marina in Boudwin’s negligence action for injuries he sustained when he fell into a hatch in a boat on the marina’s premises. Boudwin argues he raised a genuine issue of material fact as to whether Ha...   MORE>>