8th Circuit Case Commentaries

Affirmation of Procedural Defaults in Ineffective Assistance Claims: May v. State of Iowa

Date: May 17, 2001

Affirmation of Procedural Defaults in Ineffective Assistance Claims: May v. State of Iowa Introduction May v. State of Iowa (251 F.3d 713) is a significant case adjudicated by the United States Court...

Affirming High Culpability Standards for §1983 and Title IX Claims Against School Districts: SHRUM v. KLUCK Analysis

Date: May 9, 2001

Affirming High Culpability Standards for §1983 and Title IX Claims Against School Districts: SHRUM v. KLUCK Analysis Introduction The case of Kimberly Ann Shrum, as Next Friend of Justin Patrick...

Defining "Use" of Firearms Under 18 U.S.C. § 924(c): Insights from McNeal v. United States

Date: May 4, 2001

Defining "Use" of Firearms Under 18 U.S.C. § 924(c): Insights from McNeal v. United States Introduction The case of Osker McNeal v. United States of America (249 F.3d 747) adjudicated by the United...

St. Jude Medical Inc. v. Lifecare International: Enhancing Personal Jurisdiction Standards in Business Contracts

Date: May 3, 2001

St. Jude Medical Inc. v. Lifecare International: Enhancing Personal Jurisdiction Standards in Business Contracts Introduction In St. Jude Medical, Inc. v. Lifecare International, Inc., the United...

Linda S. Cooper v. Olin Corporation: ADA and FMLA Implications

Date: May 2, 2001

Linda S. Cooper v. Olin Corporation: ADA and FMLA Implications Introduction The case of Linda S. Cooper v. Olin Corporation was adjudicated in the United States Court of Appeals for the Eighth...

Enforcement of Arbitration Clauses in Limited Partnership Disputes: Eighth Circuit Affirms Compulsion to Arbitrate Individual Claims

Date: May 2, 2001

Enforcement of Arbitration Clauses in Limited Partnership Disputes: Eighth Circuit Affirms Compulsion to Arbitrate Individual Claims Introduction The case of Dominion Austin Partners, L.L.C. et al....

Freyermuth v. Credit Bureau Services: Clarifying FDCPA’s Scope on Service Charges and Time-Barred Debts

Date: Apr 28, 2001

Freyermuth v. Credit Bureau Services: Clarifying FDCPA’s Scope on Service Charges and Time-Barred Debts Introduction In the case of Troy L. Freyermuth v. Credit Bureau Services, Inc., d/b/a Checkmate...

Affirmation of Summary Judgment in ADA Disability Discrimination: Heaser v. Toro Company

Date: Apr 27, 2001

Affirmation of Summary Judgment in ADA Disability Discrimination: Heaser v. Toro Company Introduction The case of Lynn M. Heaser v. The Toro Company addresses pivotal issues in employment...

Muncy v. Apfel: Reevaluating Intellectual and Nonexertional Impairments in Social Security Disability Determinations

Date: Apr 13, 2001

Muncy v. Apfel: Reevaluating Intellectual and Nonexertional Impairments in Social Security Disability Determinations Introduction The case of Elmer D. Muncy v. Kenneth S. Apfel, decided by the United...

Reinstating §1983 Actions: Insights from Miller v. Norris

Date: Apr 13, 2001

Reinstating §1983 Actions: Insights from Miller v. Norris Introduction James Miller v. Larry Norris, Director, Arkansas Department of Correction is a pivotal case decided by the United States Court...

Federal Death Penalty Act Precedent: United States v. Allen

Date: Apr 13, 2001

Refining Capital Sentencing: Insights from United States v. Billie Jerome Allen Introduction The case of United States of America v. Billie Jerome Allen, heard in the United States Court of Appeals...

Affirmation of the Shareholder Standing Rule in § 1983 Civil Rights Actions: Potthoff v. Morin

Date: Apr 6, 2001

Affirmation of the Shareholder Standing Rule in § 1983 Civil Rights Actions: Potthoff v. Morin Introduction Potthoff v. Morin is a significant case adjudicated by the United States Court of Appeals...

Lauer v. Apfel: Reevaluation of Residual Functional Capacity Determinations in Disability Claims

Date: Apr 5, 2001

Lauer v. Apfel: Reevaluation of Residual Functional Capacity Determinations in Disability Claims Introduction The case of Robert J. Lauer v. Kenneth S. Apfel, Commissioner of Social Security (245...

Exclusion of Late-Produced DNA Evidence as a Discovery Sanction: Insights from United States v. Davis et al.

Date: Mar 30, 2001

Exclusion of Late-Produced DNA Evidence as a Discovery Sanction: Insights from United States v. Davis et al. Introduction In United States v. Davis, Moyer, and Irvin, 244 F.3d 666 (8th Cir. 2001),...

Reinholz v. United States: Enhancing Standards for Affidavit Reliability and the Exclusionary Effects of Illegal Arrests on Evidence

Date: Mar 30, 2001

Reinholz v. United States: Enhancing Standards for Affidavit Reliability and the Exclusionary Effects of Illegal Arrests on Evidence Introduction Reinholz v. United States is a pivotal case decided...

Affirmation of Due Process Protections in Public Employment Terminations: Young v. City of St. Charles

Date: Mar 24, 2001

Affirmation of Due Process Protections in Public Employment Terminations: Young v. City of St. Charles Introduction John Young v. City of St. Charles, Missouri (244 F.3d 623) is a significant case...

Deliberate Indifference and Qualified Immunity in Correctional Medical Care: Tlamka v. Serrell et al.

Date: Mar 24, 2001

Deliberate Indifference and Qualified Immunity in Correctional Medical Care: Tlamka v. Serrell et al. Introduction In the landmark case Gerald R. Tlamka, as Special Administrator for the Estate of...

Affirmation of Probable Cause in Civil Rights Claims: Kurtz and Cain v. City of Shrewsbury

Date: Mar 24, 2001

Affirmation of Probable Cause in Civil Rights Claims: Kurtz and Cain v. City of Shrewsbury Introduction The case of Timothy Kurtz and Joy Cain v. City of Shrewsbury involves plaintiffs Kurtz and Cain...

Responsibility for Counsel's Conduct: Implications from Everyday Learning Corp. v. Cheryl Larson

Date: Mar 13, 2001

Responsibility for Counsel's Conduct: Implications from Everyday Learning Corporation v. Cheryl Larson Introduction Everyday Learning Corporation v. Cheryl Larson, 242 F.3d 815 (8th Cir. 2001),...

Standard of Review in Disability Claims: Gowell v. Apfel

Date: Mar 10, 2001

Standard of Review in Disability Claims: Gowell v. Apfel Introduction In the landmark case of Donna L. Gowell v. Kenneth S. Apfel, adjudicated by the United States Court of Appeals for the Eighth...