8th Circuit Case Commentaries

Reversing Dismissal: Eighth Circuit Affirms Agency Liability and RICO Fraud Claims in Commodity Futures Case

Date: Jul 4, 2001

Reversing Dismissal: Eighth Circuit Affirms Agency Liability and RICO Fraud Claims in Commodity Futures Case Introduction In the case of Dan ABELS et al. v. Farmers Commodities Corporation, the...

Unified Removal Rights Under 28 U.S.C. § 1446(b): Insights from Marano Enterprises v. Z-Teca Restaurants

Date: Jun 26, 2001

Unified Removal Rights Under 28 U.S.C. § 1446(b): Insights from Marano Enterprises v. Z-Teca Restaurants Introduction The case of Marano Enterprises of Kansas, Bruce Marano, and Leon J. Marano v....

Community Caretaking and Qualified Immunity: Insights from Winters v. Adams and Prahm

Date: Jun 26, 2001

Community Caretaking and Qualified Immunity: Insights from Winters v. Adams and Prahm Introduction The case of Bradley Lee Winters v. Robert Adams and Craig Prahm (254 F.3d 758) adjudicated by the...

Reallocation of Burden of Proof in Bailment Contracts: Wheeling Pittsburgh Steel Corp. v. Beelman River Terminals, Inc.

Date: Jun 21, 2001

Reallocation of Burden of Proof in Bailment Contracts: Wheeling Pittsburgh Steel Corp. v. Beelman River Terminals, Inc. Introduction The case of Wheeling Pittsburgh Steel Corporation (hereafter...

Probable Cause and Consent in Aviation Security: An Analysis of United States v. Jones

Date: Jun 19, 2001

Probable Cause and Consent in Aviation Security: An Analysis of United States v. Jones, 254 F.3d 692 (8th Cir. 2001) Introduction United States v. Paul Ray Jones is a pivotal case adjudicated by the...

Eighth Circuit Affirms Denial of Disability Benefits Based on Residual Functional Capacity Assessment

Date: Jun 16, 2001

Eighth Circuit Affirms Denial of Disability Benefits Based on Residual Functional Capacity Assessment Introduction The case Shawn A. Holley v. Larry G. Massanari centers on the denial of disability...

Affirmation of Summary Judgment in Age and Disability Discrimination Claims: Sprenger v. Federal Home Loan Bank of Des Moines

Date: Jun 16, 2001

Affirmation of Summary Judgment in Age and Disability Discrimination Claims: Sprenger v. Federal Home Loan Bank of Des Moines Introduction In the case of William J. Sprenger v. Federal Home Loan Bank...

Randolph v. Missouri Department of Corrections: Extending EX PARTE YOUNG to ADA and Rehabilitation Act Claims

Date: Jun 13, 2001

Randolph v. Missouri Department of Corrections: Extending EX PARTE YOUNG to ADA and Rehabilitation Act Claims Introduction Randolph v. Missouri Department of Corrections is a pivotal case that...

Apprendi and Collateral Relief: The Eighth Circuit's Affirmation in United States v. Moss

Date: Jun 12, 2001

Apprendi and Collateral Relief: The Eighth Circuit's Affirmation in United States v. Moss Introduction United States of America v. Darius M. Moss, 252 F.3d 993 (8th Cir. 2001), is a pivotal case...

Affirmation of Summary Judgment in Glastetter v. Novartis: Strengthening the Daubert Standard for Expert Testimony in Products Liability Cases

Date: Jun 9, 2001

Affirmation of Summary Judgment in Glastetter v. Novartis: Strengthening the Daubert Standard for Expert Testimony in Products Liability Cases Introduction The case of Tina M. Glastetter, Steven J....

Brandy Andrews v. Da: Defining Standing and Excessive Force Standards in § 1983 Wrongful Death Claims

Date: Jun 8, 2001

Brandy Andrews v. Da: Defining Standing and Excessive Force Standards in § 1983 Wrongful Death Claims Introduction Brandy Andrews v. Da (253 F.3d 1052) is a landmark case decided by the United States...

Materiality Determination in Federal Fraud Indictments: Insights from United States v. Ferro

Date: Jun 8, 2001

Materiality Determination in Federal Fraud Indictments: Insights from United States v. Ferro Introduction United States v. Louie A. Ferro, Jr.; Louie A. Ferro, Sr.; Wilbur Swift; Kevin D. Staley, 252...

Reluctance to Provide Medical Treatment and Consent: Beck v. Skon et al.

Date: Jun 8, 2001

Reluctance to Provide Medical Treatment and Consent: Beck v. Skon et al. Introduction Beck v. Skon et al. is a pivotal appellate decision by the United States Court of Appeals for the Eighth Circuit,...

Dismissal as a Sanction for Perjury and Discovery Abuses in Title VII Litigation: Insights from Martin v. DaimlerChrysler

Date: Jun 5, 2001

Dismissal as a Sanction for Perjury and Discovery Abuses in Title VII Litigation: Insights from Martin v. DaimlerChrysler Introduction Martin v. DaimlerChrysler Corporation is a pivotal case...

Sowell v. Alumina Ceramics: Affirmation of Summary Judgment on Title VII Claims

Date: Jun 2, 2001

Sowell v. Alumina Ceramics: Affirmation of Summary Judgment on Title VII Claims Introduction In the landmark case Renee Sowell v. Alumina Ceramics, Inc. (251 F.3d 678), the United States Court of...

Retaliation Protections Under the ADA: A Comprehensive Analysis of Foster v. Time Warner

Date: May 25, 2001

Retaliation Protections Under the ADA: A Comprehensive Analysis of Foster v. Time Warner Introduction The case of Jane M. Foster v. Time Warner Entertainment Company, L.P. serves as a pivotal...

Abuse of Discretion in Denial of LTD Benefits: The Fletcher-Merrit v. NorAm Energy Corporation Decision

Date: May 22, 2001

Abuse of Discretion in Denial of LTD Benefits: The Fletcher-Merrit v. NorAm Energy Corporation Decision 1. Introduction The case of Brenda Fletcher-Merrit v. NorAm Energy Corporation (250 F.3d 1174,...

Inadmissibility of Improper Lay Opinion Testimony: United States v. Peoples and Lightfoot

Date: May 19, 2001

Inadmissibility of Improper Lay Opinion Testimony: United States v. Peoples and Lightfoot Introduction In the landmark case of United States of America v. Cornelius Peoples and Xavier Lightfoot, the...

Crouch v. Norris: Clarifying "Second or Successive" Habeas Corpus Petitions under AEDPA

Date: May 18, 2001

Crouch v. Norris: Clarifying "Second or Successive" Habeas Corpus Petitions under AEDPA Introduction Jay Clint Crouch v. Larry Norris, 251 F.3d 720 (8th Cir. 2001), is a pivotal case addressing the...

Consideration of Borderline Intellectual Functioning in SSI Disability Assessments: HUNT v. MASSANARI

Date: May 17, 2001

Consideration of Borderline Intellectual Functioning in SSI Disability Assessments: HUNT v. MASSANARI Introduction The case of Ellen Hunt v. Larry G. Massanari examines the interplay between...