8th U.S. Circuit Court of Appeals Digest: April 25, 2019

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CIVIL OPINIONS

Arbitration
Vacated Award; Travel Costs; Collective-Bargaining Agreement
Where appellant union challenged a District Court order vacating an arbitration award originally entered in its favor, seeking reinstatement of the arbitrator’s award, the provisions regarding travel costs construed by the arbitrator were interpreted in light of the relevant collective-bargaining agreement and were rooted in the essence of the contract, so the judgment is reversed. Judgment is reversed.
18-1584 Nat’l Elevator Bargaining Ass’n v. Int’l Union of Elevator Constructors, appealed from the Southern District of Iowa, , Erickson, J.

Civil Practice
Class Action; Certification
Where a named plaintiff in a class action alleging the underpayment of gas royalties sought a new trial, arguing that the District Court should have excluded the relevant royalty statements, the statements were relevant because they helped jurors to determine whether costs were reasonable, and the judgment is affirmed over the remaining evidentiary challenges, and a request to certify questions to the Arkansas Supreme Court is denied. Judgment is affirmed.
17-3636 Smith v. SEECO Inc., appealed from the Eastern District of Arkansas, Erickson, J.

Civil Practice
Class Action
Opt-Out Provisions; Intervention
Where in a putative class action challenging oil and gas royalty payments for oil wells, 248 royalty owners moved to intervene to challenge the opt-out provisions, and the District Court denied the motions, the judgment is affirmed because the owners failed to appeal within 30 days. Judgment is affirmed.
17-2378 Smith v. Arnett, appealed from U.S. District Court, Eastern District of Arkansas, , Erickson, J.

Consumer Law
Fair Debt Collection Practices Act; Collection Letter; Minnesota Law
Where a plaintiff argued that the content of a debt-collection letter violated the Fair Debt Collection Practices Act, the District Court properly dismissed her lawsuit because the letter was not false or misleading when viewed through the eyes of an unsophisticated consumer, and the court properly found that Minnesota law does not prohibit the creditor from seeking pre-judgment interest.
Judgment is affirmed.
18-2776 Klein v. Credico Inc., appealed from the District of Minnesota, Gruender, J.

CRIMINAL LAW

Sentencing
Career Offender; Arkansas Robbery Conviction
Where a defendant who pleaded guilty to methamphetamine distribution challenged his career-offender determination at sentencing, the judgment is affirmed because an Arkansas robbery conviction qualified as a crime of violence. Judgment is affirmed.
18-2298 U.S. v. Stovall, appealed from the Eastern District of Arkansas, Benton, J.