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Summary: 749 F. Supp. Plaintiff, a tenured associate professor in the College of Medicine's department of anatomy, University of Iowa, asserts a sex discrimination in employment claim under Title VII of the Civil Rights Act of 1964, as amended.[1] Plaintiff contends that sexual discrimination against her, in large measure manifested by, and resulting from, false rumors that she gained favor with her department head by engaging in a sexual relationship with him, resulted in a hostile work environment and ......read more.


Summary: 451 F. Supp. The Iowa Supreme Court affirmed State v. Collins, 236 N.W.2d 376 (Iowa 1975), and certiorari was denied, Collins v. Iowa, 426 U.S. 948, 96 S. Ct. 3166, 49 L. Ed. On March 30, 1977 this Court granted relief on the ground that the admission into evidence of defendant's inculpatory statements made to the psychiatrist during a court ordered psychiatric examination to prove his guilt was so fundamentally unfair that defendant was deprived of due process of law. Collins v. Auger, 428 F. S......read more.


Summary: 254 F. Supp. 2d 1090 (2003) MHC INVESTMENT COMPANY, Plaintiff, v. RACOM CORPORATION Defendant, v. Ronald W. Stepien, Dennis H. Melstad, and David Sokol Third-party Defendants. of Med., 976 F.2d 791, 794 (1st Cir.1992), cert, denied 507 U.S. 1030, 113 S. Ct. 1845, 123 L. Ed. 2d 265 (1986), cited in Handeen v. Lemaire, 112 F.3d 1339, 1345 (8th Cir.1997); Anderson, 411 U.S. at 248, 106 S. Ct. 2505. at *6 (citing Restatement (Second) of Contracts §§ 7, 380) see also Tralon Corp. v. Cedarapids, Inc.,......read more.




Summary: 776 F. Supp. Plaintiffs bring suit on behalf of themselves and a class of persons defined in their complaint as: All Iowa residents: (a) who have claimed or are claiming disabled workers benefits (OASDI) or SSI disability benefits under the Social Security Act; and (b) whose claims were denied or were terminated by the Social Security Administration in whole or in part on the grounds that the impairment has not or is not expected to keep the claimant from working for a continuous period of more ......read more.


Summary: 671 F. Supp. I. FACTUAL AND LEGAL ALLEGATIONS The allegations in this putative class action center around Wells Fargo's use of a computer system that, according to Plaintiffs, is programmed to automatically assess excessive mortgage servicing fees following late payments. Plaintiffs allege that Wells Fargo uses a specially programmed computer software platform, called the Fidelity Mortgage Servicing Package (hereinafter "Fidelity MSP"), to manage and administrate its mortgage servicing, and that......read more.


Summary: 226 F. Supp. Eugene Davis, Des Moines, Iowa, and F. J. O'Hara, Jr., Washington, D. C., for respondent Olson Brothers, Inc. It is adequately documented in the files and transcript of the cause in this Court entitled, Civil 4-961, C. M. Kirtley, Trustee, plaintiff v. Bankers Life and Casualty Company, D.C., 198 F. Supp. Kirtley v. Bankers Life and Casualty Company, D.C., 198 F. Supp.


Summary: 375 F. Supp. In fashioning a sentence that is "sufficient, but not greater than necessary, [the Court must consider] the nature and circumstances of the offense and the history and characteristics of the defendant...." 18 U.S.C. § 3553(a)(1). 18 U.S.C. §§ 3553(a)(3)-(5); see United States v. Yahnke, 395 F.3d 823, 824 (8th Cir.2005) (requiring that a sentencing court "must consult Guidelines and take them into account when sentencing"); United States v. Mathijssen, 406 F.3d 496, 498 (8th Cir.2005......read more.




Summary: 778 F. Supp. 2d 265 (1986); Continental Grain Co. v. Frank Seitzinger Storage, Inc., 837 F.2d 836, 838 (8th Cir. 56(e); Celotex, 477 U.S. at 324, 106 S. Ct. at 2553; Johnson v. Schopf, 669 F. Supp. United States v. City of Columbia, Mo., 914 F.2d 151, 153 (8th Cir. 1990); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th Cir. See Hysaw v. Washburn University, 690 F. Supp. In determining whether the law imposes a duty, factors to be considered include "[t]he likelihood of injur......read more.


Summary: 752 F. Supp. Wagner v. Astrue, 499 F.3d 842, 848 (8th Cir. Reutter v. Barnhart, 372 F.3d 946, 950 (8th Cir.2004). Bradley v. Astrue, 528 F.3d 1113, 1115 (8th Cir.2008)). Goff v. Barnhart, 421 F.3d 785, 789 (8th Cir.2005). Owen v. Astrue, 551 F.3d 792, 798 (8th Cir.2008.) Gavin v. Heckler, 811 F.2d 1195, 1199 (8th Cir.1987), citing Universal Camera Corp. v. National Labor Relations Bd., 340 U.S. 474, 488, 71 S. Ct. 456, 464, 95 L. Ed. Wilcutts v. Apfel, 143 F.3d 1134, 1136-37 (8th Cir.1998) citin......read more.


Summary: 119 F. Supp. The initial complaint in this action, commenced in the State court, sought recovery permitted by Title 45, Secs. 51-60, U.S.C.A., commonly known as Federal Employers' Liability Act, and asked for damages for bodily injury alleged to have been caused by negligence of the defendant. In Division II of the amended pleading, Division I was incorporated by reference, and damages in the amount of $25,000 actual and $50,000 exemplary or punitive were sought because of defendant's alleged fr......read more.


Summary: 271 F. Supp. General Mills, Inc. v. Pillsbury Co., 378 F.2d 666 (8th Cir., 1967); American Infra-Red Radiant Co. v. Lambert Indus., Inc., 360 F.2d 977, 983-984 (8th Cir., 1966). Corp., 365 F.2d 83, 86 (8th Cir., 1966); American Infra-Red Radiant Co. v. Lambert Indus., Inc., supra, 360 F.2d at 988-989. Imperial Stone Cutters, Inc. v. Schwartz, 370 F.2d 425, 429 (8th Cir., 1966); American Infra-Red Radiant Co. v. Lambert Indus., Inc., supra, 360 F.2d at 989; Greening Nursery Co. v. J & R Tool & Mf......read more.


Summary: 667 F. Supp. 1269 (1987) Larry Henry CARTER, Courtney Demaris Carter, Dr. Maurice La Belle, Plaintiffs, v. BROADLAWNS MEDICAL CENTER, et al., Defendants. This case presents a challenge to the employment of a full-time chaplain at a tax-supported county hospital, Broadlawns Medical Center (BMC). This Court had previously denied the plaintiffs' request for preliminary injunction preventing the employment *1271 of such a chaplain.[1] Having carefully considered all the evidence, the Court finds tha......read more.


Summary: 554 F. Supp. Binion v. Chater, 108 F.3d 780, 782 (7th Cir.1997); Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir.1991) Brueggemann v. Barnhart, 348 F.3d 689, 692 (8th Cir.2003.) Wilcutts v. Apfel, 143 F.3d 1134, 1136-37 (8th Cir.1998) citing Brinker v. Weinberger, 522 F.2d 13, 16 (8th Cir.1975). In Brueggemann, 348 F.3d at 693, the Court wrote: Since certain 1996 amendments to the Social Security Act, if alcohol or drug abuse comprises a contributing factor material to the, determination......read more.


Summary: 385 F. Supp. 2d 797 (2005) RURAL IOWA INDEPENDENT TELEPHONE ASSOCIATION, Plaintiff, v. IOWA UTILITIES BOARD, Defendant, Qwest Corporation, Intervenor. PROCEDURAL HISTORY Plaintiff, Rural Iowa Independent Telephone Association ("RIITA"), commenced this action against Defendant, the Iowa Utilities Board ("the IUB" or "the Board"), in this Court on July 19, 2002.This Court[2] granted a motion to dismiss in an order filed December 3, 2002, solely *799 on the Hobbs Act argument asserted by Qwest. The......read more.


Summary: 978 F. Supp. I. Background: On December 28, 1994, the Board of Supervisors of Pottawattamie County amended the Pottawattamie County Code by adding a new chapter entitled "Adult Entertainment Business — License Required." The pertinent portion of the ordinance reads as follows: ADULT ENTERTAINMENT BUSINESS — LICENSE REQUIRED 3.50.010 DEFINITIONS: For the purpose of this the following words, terms and phrases shall be deemed to have the following meanings: .01 ADULT ENTERTAINMENT BUSINESSES: Shall......read more.


Summary: 397 F. Supp. 2d 1122 (2005) Ralph E. JOHNSON, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant. Plaintiff, Ralph E. Johnson, filed a Complaint in this Court on February 8, 2005, seeking review of the Commissioner's decision to deny his claim for Social Security benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq. and 1381 et seq. See Lorenzen v. Chater, 71 F.3d 316, 318 (8th Cir.1995). Johnson v. Chater, 87 F.3d 1015, 1017 (8th C......read more.




Summary: 535 F. Supp. 818 (1982) United States Senators Charles GRASSLEY, James McClure, Sam Hayakawa, Steve Symms, Jeremiah Denton, Congressman Albert Lee Smith, Iowa State Senator Stephen W. Bisenius, Plaintiffs, v. LEGAL SERVICES CORPORATION, Hillary Rodham, Chairman of the Board of Legal Services Corporation, Stephen Engelberg, Revius Ortique, Cecilia Esquer, Howard Sacks, Michael Kantor, Ramona Shump, Robert Kutak, Richard Trudell, F. William McCalpin, Josephine Worthy, in their official capacity as......read more.