8th Circuit Case Commentaries

Limitation on Using Habeas Corpus Petitions to Challenge Federal Sentences Under Apprendi: Analysis of United States v. Perez

Date: Mar 21, 2002

Limitation on Using Habeas Corpus Petitions to Challenge Federal Sentences Under Apprendi: Analysis of United States v. Perez Introduction United States v. Ivo Perez, Appellant (286 F.3d 1059) is a...

Reverse Race Discrimination and Retaliation Under Title VII: An In-Depth Analysis of Gagnon v. Sprint Corporation

Date: Mar 20, 2002

Reverse Race Discrimination and Retaliation Under Title VII: An In-Depth Analysis of Gagnon v. Sprint Corporation Introduction The case of William E. Gagnon, Jr. v. Sprint Corporation delves into...

8th Circuit Reinstates Jury Verdict for Equal Pay under Equal Pay Act

Date: Mar 12, 2002

8th Circuit Reinstates Jury Verdict for Equal Pay under Equal Pay Act Introduction In Lynda Hunt v. Nebraska Public Power District (NPPD), the United States Court of Appeals for the Eighth Circuit...

Affirmation of Anti-Injunction Exception in Redlining Class Action: Canady v. Saunders

Date: Mar 9, 2002

Affirmation of Anti-Injunction Exception in Redlining Class Action: Canady v. Saunders Introduction The case of Canady v. Saunders revolves around a class-action lawsuit filed by minority homeowners...

Expansion of Traffic Stop Scope Based on Emerging Suspicion Validated by the Eighth Circuit

Date: Mar 1, 2002

Expansion of Traffic Stop Scope Based on Emerging Suspicion Validated by the Eighth Circuit Introduction In the case of United States of America v. Craig Eugene Sparks (37 F. App'x 826, 2002), the...

Limitations on Deposing Opposing Counsel Regarding Concluded Litigation: Insights from PAMIDA, INC. v. Dynasty Footwear

Date: Feb 26, 2002

Limitations on Deposing Opposing Counsel Regarding Concluded Litigation: Insights from PAMIDA, INC. v. Dynasty Footwear Introduction The case of PAMIDA, Inc.; Alan M. Anderson; Renee L. Jackson;...

Establishing a Causal Link in Title VII Retaliation Claims: Kipp v. Missouri Highway and Transportation Commission

Date: Feb 21, 2002

Establishing a Causal Link in Title VII Retaliation Claims: Kipp v. Missouri Highway and Transportation Commission Introduction The case of Paula A. Kipp v. Missouri Highway and Transportation...

Affirmation of Drug Conspiracy Convictions and Sentencing Under Apprendi: Insights from United States v. Frazier et al.

Date: Feb 13, 2002

Affirmation of Drug Conspiracy Convictions and Sentencing Under Apprendi: Insights from United States v. Frazier et al. Introduction In the seminal case United States of America v. Phelix Henry...

Enhanced Interpretation of Total Disability Under ERISA: McOsker v. Paul Revere Life Insurance Company

Date: Feb 2, 2002

Enhanced Interpretation of Total Disability Under ERISA: McOsker v. Paul Revere Life Insurance Company Introduction The case of Douglas McOsker v. Paul Revere Life Insurance Company, 279 F.3d 586...

Eighth Circuit Upholds Exclusive Statutory Remedies Over Bivens Claims in USPS Employment Disputes

Date: Feb 2, 2002

Eighth Circuit Upholds Exclusive Statutory Remedies Over Bivens Claims in USPS Employment Disputes Introduction In Ginger Turner v. Jeri Holbrook, Individually; Steve Hofheins, Individually; Jason...

Defining SLUSA Preemption: Eighth Circuit Rules Breach of Contract Claims Fall Outside Federal Jurisdiction

Date: Feb 2, 2002

Defining SLUSA Preemption: Eighth Circuit Rules Breach of Contract Claims Fall Outside Federal Jurisdiction Introduction The case of Mitchell C. Green v. Ameritrade, Inc. and Ameritrade Holding Corp....

Reasonable Suspicion Justifies Protective Pat-Down: Insights from United States v. Roggeman

Date: Feb 2, 2002

Reasonable Suspicion Justifies Protective Pat-Down: Insights from United States v. Roggeman Introduction In the landmark case of United States v. Gregory Roggeman, 279 F.3d 573 (8th Cir. 2002), the...

Federal Home Loan Bank of Des Moines v. Theresa Spangler: A New Approach to FMLA Leave Notifications

Date: Jan 31, 2002

Federal Home Loan Bank of Des Moines v. Theresa Spangler: A New Approach to FMLA Leave Notifications Introduction In Theresa Spangler v. Federal Home Loan Bank of Des Moines, 278 F.3d 847 (8th Cir....

Affirmation of Effective Assistance under Strickland and Procedural Default in Bailey-Informed Section 924(c) Convictions

Date: Jan 30, 2002

Affirmation of Effective Assistance under Strickland and Procedural Default in Bailey-Informed Section 924(c) Convictions Introduction The case of Da v. d W. Johnson (278 F.3d 839), adjudicated by...

Comprehensive Commentary on Al v. DORSEY, Jr. et al. - Establishing Boundaries on Statute of Limitations in Age Discrimination Claims

Date: Jan 30, 2002

Establishing Boundaries on Statute of Limitations in Age Discrimination Claims: An Analysis of Al v. DORSEY, Jr. et al. Introduction The case of Al v. DORSEY, Jr.; James Greer; George Lewis; Cecil...

Establishing ADA Protections in Wrongful Termination: Insights from Moysis v. DTG Datanet

Date: Jan 30, 2002

Establishing ADA Protections in Wrongful Termination: Insights from Moysis v. DTG Datanet Introduction The case of Timothy L. Moysis v. DTG Datanet, decided by the United States Court of Appeals for...

Affirmation of Summary Judgment in Da v. d PETERS: Clarifying FDCPA's Misleading Representation Standards

Date: Jan 29, 2002

Affirmation of Summary Judgment in Da v. d PETERS: Clarifying FDCPA's Misleading Representation Standards Introduction In the case of David Peters v. General Service Bureau, Inc., adjudicated by the...

Affirmation of Abuse of Discretion Standard in ERISA Disability Benefits Denial: Ferrari v. TIAA

Date: Jan 29, 2002

Affirmation of Abuse of Discretion Standard in ERISA Disability Benefits Denial: Ferrari v. TIAA Introduction The case of Herbert Ferrari, M.D., Appellant, v. Teachers Insurance and Annuity...

Minnesota Association of Nurse Anesthetists v. Allina Health System Corp.: Reinterpreting Qui Tam Jurisdiction under the False Claims Act

Date: Jan 18, 2002

Minnesota Association of Nurse Anesthetists v. Allina Health System Corp.: Reinterpreting Qui Tam Jurisdiction under the False Claims Act Introduction In Minnesota Association of Nurse Anesthetists,...

Qualified Immunity Affirmed in Eighth Circuit: Tucker Estate v. Arkansas Department of Correction Officials

Date: Jan 15, 2002

Qualified Immunity Affirmed in Eighth Circuit: Tucker Estate v. Arkansas Department of Correction Officials Introduction The case of Elaine Tucker and Ricky Tucker, Co-Administrators of the Estate of...