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8th U.S. Circuit Court of Appeals Digest: Nov. 30, 2017

Minnesota Lawyer//November 30, 2017//

8th U.S. Circuit Court of Appeals Digest: Nov. 30, 2017

Minnesota Lawyer//November 30, 2017//

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Civil Opinions

 

Civil Practice

Subject Matter Jurisdiction; APA

 

Where trustees of a fund that operates a self-insured, self-administered group health plan challenged the dismissal of their claim that a reinsurance fee was not applicable to the fund, the District Court properly found that the Administrative Procedure Act did not waive sovereign immunity, and the judgment is affirmed because the court properly dismissed for lack of subject matter jurisdiction. Judgment is affirmed.

16-4305 Batsche v. Price, appealed from the District of Minnesota, per curiam.

 

 

Civil Rights

First Amendment Retaliation; Public Employee Speech; Qualified Immunity

Where a part-time university lecturer claimed his contract was not renewed in retaliation for his criticism of the school’s preferential treatment of student athletes, the plaintiff failed to show through the required particularized inquiry that his right to make the relevant speech under the circumstances was clearly established, and the denial of qualified immunity to the individual defendants is reversed. Judgment is reversed.

14-1623 Lyons v. Vaught, appealed from the Western District of Missouri, Loken, J.

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