8th Circuit Case Commentaries

Unions Not Liable for Passive Acquiescence in Sexual Harassment Claims under Title VII and MHRA

Date: Oct 1, 2002

Unions Not Liable for Passive Acquiescence in Sexual Harassment Claims under Title VII and MHRA Introduction The case of Susan J. Thorn v. Amalgamated Transit Union; Local 1005. (305 F.3d 826)...

Eighth Circuit Establishes Strict Criteria for 'True Threats' in School Discipline Cases

Date: Sep 26, 2002

Eighth Circuit Establishes Strict Criteria for 'True Threats' in School Discipline Cases Introduction In the landmark case of Jane Doe v. Pulaski County Special School District (306 F.3d 616, 2002),...

Faibisch v. University of Minnesota: Eighth Circuit Establishes Sovereign Immunity Parameters under ADA and Clarifies Rehabilitation Act Statute of Limitations

Date: Sep 21, 2002

Faibisch v. University of Minnesota: Eighth Circuit Establishes Sovereign Immunity Parameters under ADA and Clarifies Rehabilitation Act Statute of Limitations Introduction Faibisch v. University of...

Limits on Qualified Immunity for Correctional Officers in Use of Force Cases

Date: Sep 18, 2002

Limits on Qualified Immunity for Correctional Officers in Use of Force Cases Introduction The case of Byron Treasts v. James Morgan addresses the critical issue of qualified immunity as it applies to...

Qualified Immunity in Eighth Amendment Claims: Meloy v. Bachmeier Analysis

Date: Sep 12, 2002

Qualified Immunity in Eighth Amendment Claims: Meloy v. Bachmeier Analysis Introduction In the landmark case Meloy v. Bachmeier, decided by the United States Court of Appeals for the Eighth Circuit...

Affirmation of Summary Judgment in Race Discrimination and Retaliation Claims: Woodland v. Ryerson

Date: Sep 12, 2002

Affirmation of Summary Judgment in Race Discrimination and Retaliation Claims: Woodland v. Ryerson Introduction Thomas Woodland, an African American steel industry veteran, brought a lawsuit against...

Retaliation Under FMLA and Employment Policies: Smith v. Allen Health Systems

Date: Sep 12, 2002

Retaliation Under FMLA and Employment Policies: Smith v. Allen Health Systems Introduction Candis Smith v. Allen Health Systems, Inc. is a pivotal case adjudicated by the United States Court of...

Enhanced Procedures for Reclassifying Pro Se Petitions as §2255 Motions: Morales v. United States

Date: Sep 7, 2002

Enhanced Procedures for Reclassifying Pro Se Petitions as §2255 Motions: Morales v. United States Introduction Mateo Morales appealed his conviction for conspiring to manufacture methamphetamine,...

Affirmation of Conspiracy Conviction: Clarifying Standards under Apprendi and Daubert

Date: Aug 23, 2002

Affirmation of Conspiracy Conviction: Clarifying Standards under Apprendi and Daubert Introduction In the case of United States of America v. Justin Gabriel Hernandez, the United States Court of...

Duncan v. General Motors: Defining the Limits of Hostile Work Environment Claims

Date: Aug 23, 2002

Duncan v. General Motors: Defining the Limits of Hostile Work Environment Claims Introduction Diana Duncan v. General Motors Corporation, 300 F.3d 928 (8th Cir. 2002), addresses pivotal issues under...

Eighth Circuit Overrules Presumption in ERISA Attorney Fees: Martin v. Arkansas Blue Cross

Date: Aug 17, 2002

Eighth Circuit Overrules Presumption in ERISA Attorney Fees: Martin v. Arkansas Blue Cross Introduction In Brian Martin, Indi v. Arkansas Blue Cross and Blue Shield, 299 F.3d 966 (8th Cir. 2002), the...

K-tel International Inc. Securities Litigation: Reinforcing the Reform Act's Pleading Standards for Scienter

Date: Aug 8, 2002

K-tel International Inc. Securities Litigation: Reinforcing the Reform Act's Pleading Standards for Scienter Introduction The case of In re: K-tel International, Inc. Securities Litigation (300 F.3d...

Affirmation of Essential Job Functions Under the ADA: Dropinski v. Douglas County

Date: Aug 6, 2002

Affirmation of Essential Job Functions Under the ADA: Dropinski v. Douglas County Introduction The case of Timothy J. Dropinski v. Douglas County addresses the critical intersection of employment law...

Application of PSLRA Pleading Standards in Securities Fraud Litigation: Analysis of In re Navarre Corporation Securities Litigation

Date: Aug 1, 2002

Application of PSLRA Pleading Standards in Securities Fraud Litigation: Analysis of In re Navarre Corporation Securities Litigation Introduction The case of In re: Navarre Corporation Securities...

Reinforcing the Necessity of Special Relationships in Fraudulent Nondisclosure and Oral Contract Validation

Date: Aug 1, 2002

Reinforcing the Necessity of Special Relationships in Fraudulent Nondisclosure and Oral Contract Validation Introduction The case of Schaller Telephone Company v. Golden Sky Systems, Inc. (298 F.3d...

Khaimov v. Da: Establishing the Boundaries of Certificate of Appealability in Habeas Corpus Petitions

Date: Jul 26, 2002

Khaimov v. Da: Establishing the Boundaries of Certificate of Appealability in Habeas Corpus Petitions Introduction In Khaim Khaimov v. Da, 297 F.3d 783 (8th Cir. 2002), the United States Court of...

Controlled Diabetes and ADA: Establishing the Threshold for Disability Status in Orr v. Wal-Mart Stores, Inc.

Date: Jul 23, 2002

Controlled Diabetes and ADA: Establishing the Threshold for Disability Status in Orr v. Wal-Mart Stores, Inc. Introduction Stephen C. Orr v. Wal-Mart Stores, Inc., 297 F.3d 720 (8th Cir. 2002), is a...

Strickland Standards Reinforced: The Affirmation of Donald Joe Hall's Conviction in Hall v. Leubbers

Date: Jul 16, 2002

Strickland Standards Reinforced: The Affirmation of Donald Joe Hall's Conviction in Hall v. Leubbers Introduction The case of Donald Joe Hall v. Allen Luebbars, adjudicated by the United States Court...

Eighth Circuit En Banc Establishes Dual-Test for Substantive Due Process Claims in §1983 Actions: MORAN v. CLARKE et al.

Date: Jul 6, 2002

Eighth Circuit En Banc Establishes Dual-Test for Substantive Due Process Claims in §1983 Actions: MORAN v. CLARKE et al. Introduction In the landmark case of Thomas Moran v. Anne-Marie Clarke et al.,...

Affirmation of Juvenile Adjudications as Prior Convictions under Apprendi: United States v. Smalley

Date: Jun 29, 2002

Affirmation of Juvenile Adjudications as Prior Convictions under Apprendi: United States v. Smalley Introduction In the landmark case United States of America v. Anthony J. Smalley, the United States...