8th Circuit Case Commentaries

Affirming Condition Precedent in Arbitration Agreements: Anhui Powerguard v. DRE Health

Date: Mar 15, 2024

Affirming Condition Precedent in Arbitration Agreements: Anhui Powerguard v. DRE Health Introduction The case of Anhui Powerguard Technology Company, Limited v. DRE Health Corporation (95 F.4th 1146)...

8th Circuit Upholds Arkansas Act 1103, Affirming State Authority in 340B Contract Pharmacy Regulation

Date: Mar 13, 2024

8th Circuit Upholds Arkansas Act 1103, Affirming State Authority in 340B Contract Pharmacy Regulation Introduction The case of Pharmaceutical Research and Manufacturers of America (PhRMA) v. Alan...

Strict Standards for Amending Pleadings Under Fed. R. Civ. R. 16(b): Midwest Med. Sols. LLC v. Exactech U.S., Inc.

Date: Mar 12, 2024

Strict Standards for Amending Pleadings Under Fed. R. Civ. R. 16(b): Midwest Med. Sols. LLC v. Exactech U.S., Inc. Introduction Midwest Medical Solutions, LLC; Hugh Bradley Plaintiffs-Appellees v....

Eighth Circuit Upholds Death Sentence Despite Claims of Ineffective Assistance for Failure to Call Mitigating Witness

Date: Mar 9, 2024

Eighth Circuit Upholds Death Sentence Despite Claims of Ineffective Assistance for Failure to Call Mitigating Witness Introduction The case of Thomas Leo Springs v. Dexter Payne serves as a pivotal...

Inclusion of Post-Petition Equity Increases in Converted Bankruptcy Estates: Eighth Circuit Upholds §348(f)(1) Interpretation

Date: Mar 9, 2024

Inclusion of Post-Petition Equity Increases in Converted Bankruptcy Estates: Eighth Circuit Upholds §348(f)(1) Interpretation Introduction The case In re: Machele L. Goetz Debtor v. Victor Felix...

Limits on Judicial Review of USCIS Discretion: Eighth Circuit Dismisses Thigulla Appellants' Petition

Date: Mar 6, 2024

Limits on Judicial Review of USCIS Discretion: Eighth Circuit Dismisses Thigulla Appellants' Petition Introduction In the case of Sandeep Thigulla; Sarvani Thigulla v. Ur Jaddou, the United States...

Res Judicata in Sovereign Immunity Cases: Scott v. City of Sherwood

Date: Mar 6, 2024

Res Judicata in Sovereign Immunity Cases: Scott v. City of Sherwood Introduction In the case of James Randy Scott v. City of Sherwood, Arkansas; Sheila Reynolds; Stephen R. Cobb, the United States...

Eighth Circuit Affirms BLM's Permitting Authority Over Tribal Setback Requirements in MHA v. U.S. Department of the Interior

Date: Mar 6, 2024

Eighth Circuit Affirms BLM's Permitting Authority Over Tribal Setback Requirements in MHA v. U.S. Department of the Interior Introduction The case of Mandan, Hidatsa & Arikara Nation...

Affirmation of First Amendment Retaliation Protections for Public Employees: Noon v. City of Platte Woods

Date: Mar 5, 2024

Affirmation of First Amendment Retaliation Protections for Public Employees: Noon v. City of Platte Woods Introduction In the landmark case of Thomas Noon; Christopher Skidmore; Candice Skidmore...

Enhanced Standards for Admitting Coconspirator Statements: United States v. Ledra A. Craig

Date: Mar 2, 2024

Enhanced Standards for Admitting Coconspirator Statements: United States v. Ledra A. Craig Introduction In the landmark case United States of America v. Ledra A. Craig (94 F.4th 752), the United...

Affirmation of Municipal Zoning and Odor Regulations: Sanimax USA, LLC v. City of South St. Paul

Date: Mar 2, 2024

Affirmation of Municipal Zoning and Odor Regulations: Sanimax USA, LLC v. City of South St. Paul Introduction In the case of Sanimax USA, LLC v. City of South St. Paul, the United States Court of...

Finality of District Court Orders in Bankruptcy Appeals: Vera T. Welte Testimony

Date: Mar 2, 2024

Finality of District Court Orders in Bankruptcy Appeals: Vera T. Welte Testimony Introduction In the case of In re: Vera T. Welte Testamentary Trust Debtor v. Vera T. Welte Testamentary Trust...

Eighth Circuit Upholds Step-Down Provisions in Underinsured Motorist Coverage

Date: Mar 1, 2024

Eighth Circuit Upholds Step-Down Provisions in Underinsured Motorist Coverage: Heather Bratcher v. Farmers Insurance Introduction The case of Heather Bratcher v. Farmers Insurance Company, Inc. (94...

Affirmation of Sentencing Guidelines Application in Sex Trafficking Conspiracy Cases

Date: Mar 1, 2024

Affirmation of Sentencing Guidelines Application in Sex Trafficking Conspiracy Cases Introduction The case of United States of America v. Carney Turner involved severe charges of sex trafficking and...

Eighth Circuit Establishes Enhanced Causation Standards in Mine Safety Discrimination Cases

Date: Feb 29, 2024

Eighth Circuit Establishes Enhanced Causation Standards in Mine Safety Discrimination Cases Introduction In the landmark case of Continental Cement Company Petitioner v. Secretary of Labor; Mine...

Affirmation of Jury Instruction Standards and Evidence Sufficiency in Breach of Contract: Reach Companies, LLC v. Newsert, LLC

Date: Feb 29, 2024

Affirmation of Jury Instruction Standards and Evidence Sufficiency in Breach of Contract: Reach Companies, LLC v. Newsert, LLC Introduction In the case of Reach Companies, LLC Plaintiff - Appellant...

Standing Requirements for COVID-19 Mask Mandate Challenges in Federal Courts: Analysis of Arc of Iowa v. Reynolds

Date: Feb 28, 2024

Standing Requirements for COVID-19 Mask Mandate Challenges in Federal Courts: Analysis of Arc of Iowa v. Reynolds Introduction In the landmark case The Arc of Iowa et al. v. Reynolds et al., the...

Section 239(a)(1) as a Claim-Processing Rule Affirmed by Eighth Circuit in Amador-Morales v. Garland

Date: Feb 28, 2024

Section 239(a)(1) as a Claim-Processing Rule Affirmed by Eighth Circuit in Amador-Morales v. Garland Introduction In Amador-Morales v. Garland, the United States Court of Appeals for the Eighth...

Affirming Probable Cause for Traffic Stops Based on Multiple Violations: United States v. Linnell

Date: Feb 27, 2024

Affirming Probable Cause for Traffic Stops Based on Multiple Violations: United States v. Linnell Introduction In the case of United States of America Plaintiff - Appellee v. Mary Lavone Linnell...

Reaffirming Constructive Possession and Informant Credibility Standards: Commentary on United States v. Kenneth W. Blair

Date: Feb 24, 2024

Reaffirming Constructive Possession and Informant Credibility Standards: Commentary on United States v. Kenneth W. Blair Introduction The case of United States of America Plaintiff-Appellee v....