8th Circuit Case Commentaries

Reeder v. Apfel: Enhanced Requirements for Cognitive Assessments in Disability Determinations

Date: Jun 3, 2000

Reeder v. Apfel: Enhanced Requirements for Cognitive Assessments in Disability Determinations Introduction The case of Venita Reeder v. Kenneth S. Apfel addresses critical aspects of Social Security...

Prokosch v. Catalina Lighting: Enhanced Obligations under Rule 30(b)(6) and Discovery Compliance

Date: May 25, 2000

Prokosch v. Catalina Lighting: Enhanced Obligations under Rule 30(b)(6) and Discovery Compliance Introduction The case of Prokosch v. Catalina Lighting, Inc. (193 F.R.D. 633) was adjudicated in the...

Proper Application of Sentence Four Remand under 42 U.S.C. § 405(g): Insights from Buckner v. Apfel

Date: May 23, 2000

Proper Application of Sentence Four Remand under 42 U.S.C. § 405(g): Insights from Buckner v. Apfel Introduction Tanya Buckner v. Kenneth S. Apfel, Commissioner, Social Security Administration is a...

Enhancing FLSA Compliance: Insights from Jarrett v. ERC Properties

Date: May 3, 2000

Enhancing FLSA Compliance: Insights from Jarrett v. ERC Properties Introduction The case of Sandra Jarrett v. ERC Properties, Inc. serves as a pivotal decision in the realm of employment law,...

Affirmation of Summary Judgment in Spears v. Missouri Department of Corrections: Clarifying Standards for Retaliation and Constructive Discharge under Title VII

Date: Apr 29, 2000

Affirmation of Summary Judgment in Spears v. Missouri Department of Corrections: Clarifying Standards for Retaliation and Constructive Discharge under Title VII Introduction The case of Sandella S....

Affirmation of Summary Judgment in Disability and Age Discrimination Claims: Kampouris v. St. Louis Symphony Society

Date: Apr 29, 2000

Affirmation of Summary Judgment in Disability and Age Discrimination Claims: Kampouris v. St. Louis Symphony Society Introduction The case of Louis Kampouris v. St. Louis Symphony Society revolves...

Affirmation of Strict Adherence to Appellate Time Limits: Lowry v. McDonnell Douglas

Date: Apr 28, 2000

Affirmation of Strict Adherence to Appellate Time Limits: Lowry v. McDonnell Douglas Introduction Lowry v. McDonnell Douglas Corporation is a significant case adjudicated by the United States Court...

Reversing Summary Judgment in ADA and ADEA Claims: Kells v. Sinclair Buick-GMC Truck

Date: Apr 28, 2000

Reversing Summary Judgment in ADA and ADEA Claims: Kells v. Sinclair Buick-GMC Truck Introduction The case of Larry Kells v. Sinclair Buick-GMC Truck, Inc. revolves around allegations of employment...

Preemption of State Law Claims Under the Railway Labor Act: Gore v. Trans World Airlines

Date: Apr 27, 2000

Preemption of State Law Claims Under the Railway Labor Act: Gore v. Trans World Airlines Introduction The case of Andrew L. Gore v. Trans World Airlines addresses the intricate interplay between...

Eighth Circuit Reaffirms Shareholder Rights to Pursue Fraud Claims Post-Appraisal Proceedings in Freeze-Out Mergers

Date: Apr 22, 2000

Eighth Circuit Reaffirms Shareholder Rights to Pursue Fraud Claims Post-Appraisal Proceedings in Freeze-Out Mergers Introduction The case of Popp Telcom, formerly known as LDB International...

Eighth Circuit Affirms Liability in Retaliatory Discharge for Whistleblower Speech

Date: Apr 20, 2000

Eighth Circuit Affirms Liability in Retaliatory Discharge for Whistleblower Speech 1. Introduction Sexton et al. v. Martin and City of Des Peres, Missouri, 210 F.3d 905 (8th Cir. 2000), is a pivotal...

Reinforcing Protections under the Work-Product Doctrine and Attorney-Client Privilege: Insights from GM v. Baker

Date: Apr 15, 2000

Reinforcing Protections under the Work-Product Doctrine and Attorney-Client Privilege: Insights from GM v. Baker Introduction The case of Kenneth Lee Baker; Steven Robert Baker, Plaintiffs/Appellees,...

Reversing Summary Judgment: Establishing the Need for Jury Trial in Retaliation and Racial Discrimination Claims

Date: Apr 13, 2000

Reversing Summary Judgment: Establishing the Need for Jury Trial in Retaliation and Racial Discrimination Claims Introduction The case of Helen J.M. Bassett v. City of Minneapolis, adjudicated by the...

Direct Payments to Creditors Without Trustee Oversight: A New Precedent in Chapter 12 Bankruptcy

Date: Apr 13, 2000

Direct Payments to Creditors Without Trustee Oversight: A New Precedent in Chapter 12 Bankruptcy Introduction In the case of Hugh Wilson Haden et al. v. Joel Pelofsky, U.S. Trustee et al., the United...

Appellate Jurisdiction Over Remand Orders Under 28 U.S.C. § 1447(d): Comprehensive Analysis of In re: Atlas Van Lines, Inc.

Date: Apr 7, 2000

Appellate Jurisdiction Over Remand Orders Under 28 U.S.C. § 1447(d): Comprehensive Analysis of In re: Atlas Van Lines, Inc. Introduction The case In re: Atlas Van Lines, Inc., In re: Poplar Bluff...

Affirmation of Qualified Immunity in Excessive Force Claims: Wilson v. Spain and Jones

Date: Apr 6, 2000

Affirmation of Qualified Immunity in Excessive Force Claims: Wilson v. Spain and Jones Introduction In Robert Wilson v. David Spain and Mike Jones, 209 F.3d 713 (8th Cir. 2000), the United States...

Integration of Substance Abuse Considerations in SSI Disability Determinations

Date: Mar 31, 2000

Integration of Substance Abuse Considerations in SSI Disability Determinations Introduction The case of Johnnie D. Freeman v. Kenneth S. Apfel (208 F.3d 687) adjudicated by the United States Court of...

Eighth Circuit Sets Precedent on Consideration of Supplemental Medical Evidence in Social Security Disability Claims

Date: Mar 30, 2000

Eighth Circuit Sets Precedent on Consideration of Supplemental Medical Evidence in Social Security Disability Claims Introduction Sandra C. Bergmann v. Kenneth S. Apfel, Commissioner of Social...

Eighth Circuit Affirms Liberal Standards for Amending Pleadings in Employment Discrimination Litigation

Date: Mar 29, 2000

Eighth Circuit Affirms Liberal Standards for Amending Pleadings in Employment Discrimination Litigation Introduction The case of Miriam Dennis v. Dillard Department Stores, Inc. (207 F.3d 523, 2000)...

Exclusive Appellate Jurisdiction Over FCC Regulatory Challenges Affirmed in United States v. Radio Station Transmission Equipment

Date: Mar 28, 2000

Affirmation of Exclusive Appellate Jurisdiction Over FCC Regulatory Challenges in United States v. Radio Station Transmission Equipment Introduction The case of UNITED STATES of AMERICA v. Any and...