8th Circuit Case Commentaries

Affirmation of Summary Judgment in Disability and Wage Discrimination: Berg v. Norand Corporation

Date: Mar 6, 1999

Affirmation of Summary Judgment in Disability and Wage Discrimination: Berg v. Norand Corporation Introduction Case: Rebecca A. Berg v. Norand Corporation Court: United States Court of Appeals,...

Kiel v. Select Artificials: Affirmation of Summary Judgment in ADA Discrimination Case

Date: Mar 5, 1999

Kiel v. Select Artificials: Affirmation of Summary Judgment in ADA Discrimination Case Introduction In the landmark case of Paul J. KIEL v. SELECT ARTIFICIALS, INC., adjudicated by the United States...

Ensuring Specific Findings on Residual Functional Capacity in Social Security Disability Cases: Pfitzner v. Apfel

Date: Mar 2, 1999

Ensuring Specific Findings on Residual Functional Capacity in Social Security Disability Cases: Pfitzner v. Apfel Introduction Michael A. Pfitzner, a 48-year-old former truck driver and maintenance...

Affirmation of Summary Judgment in Montgomery v. John Deere: Implications for Age and Disability Discrimination Law

Date: Feb 27, 1999

Affirmation of Summary Judgment in Montgomery v. John Deere: Implications for Age and Disability Discrimination Law Introduction The case of William L. Montgomery v. John Deere Company (169 F.3d 556)...

Clarifying the Standards for Punitive Damages and Default Judgment Relief under Rule 60(b)(6): Watkins v. Lundell

Date: Feb 27, 1999

Clarifying the Standards for Punitive Damages and Default Judgment Relief under Rule 60(b)(6): Watkins v. Lundell Introduction The case of Daniel Watkins and Cynthia Watkins v. Terry Lundell and...

Strict Products Liability and Expert Testimony: Weisgram v. Marley Company

Date: Feb 24, 1999

Strict Products Liability and Expert Testimony: Weisgram v. Marley Company Introduction In the landmark case of Chad Weisgram, indi v. Marley Company et al., the United States Court of Appeals for...

Limits on Due Process Claims under Section 1983 and Bivens: An Analysis of Gordon v. Hansen

Date: Feb 24, 1999

Limits on Due Process Claims under Section 1983 and Bivens: An Analysis of Gordon v. Hansen Introduction Gordon v. Hansen, 168 F.3d 1109 (8th Cir. 1999), is a pivotal case that examines the...

Substantial Evidence and Epilepsy in Disability Benefits: Comprehensive Analysis of Tate v. Apfel

Date: Feb 10, 1999

Substantial Evidence and Epilepsy in Disability Benefits: Comprehensive Analysis of Tate v. Apfel Introduction Robert Tate v. Kenneth Apfel, Commissioner, Social Security Administration is a pivotal...

Exclusion of Statutory Age Discrimination Claims from Arbitration: Keymer v. Management Recruiters International Inc.

Date: Feb 6, 1999

Exclusion of Statutory Age Discrimination Claims from Arbitration: Keymer v. Management Recruiters International Inc. Introduction The case of Robert Keymer v. Management Recruiters International...

Application of AEDPA's Time Limits and Relation Back Doctrine in §2255 Petitions: United States v. Craycraft

Date: Feb 4, 1999

Application of AEDPA's Time Limits and Relation Back Doctrine in §2255 Petitions: United States v. Craycraft Introduction United States v. Michael Lloyd Craycraft, 167 F.3d 451 (8th Cir. 1999), is a...

Federal Preemption under the Federal Railroad Safety Act Affirmed in O'Bannon v. Amtrak and Union Pacific

Date: Feb 3, 1999

Federal Preemption under the Federal Railroad Safety Act Affirmed in O'Bannon v. Amtrak and Union Pacific Introduction The case of Christopher Dale O'Bannon; Justin Bradley O'Bannon, by and through...

United States v. Vig: Expanding the Definition of "Other Matter" in Child Pornography Laws

Date: Feb 3, 1999

United States v. Vig: Expanding the Definition of "Other Matter" in Child Pornography Laws Introduction United States of America v. Tom Vig and Donovan Vig is a pivotal case decided by the United...

Recognizing Post-Acquisition Section 7 Claims in Completed Mergers

Date: Feb 3, 1999

Recognizing Post-Acquisition Section 7 Claims in Completed Mergers Introduction The case of Midwestern Machinery, Inc. v. Northwest Airlines, Inc. (167 F.3d 439) presents a pivotal development in...

Carter v. Saint Louis University: Affirming Non-Pretextual Discriminatory Claims in Medical Residency Termination

Date: Feb 2, 1999

Carter v. Saint Louis University: Affirming Non-Pretextual Discriminatory Claims in Medical Residency Termination Introduction Jeffrey D. Carter v. Saint Louis University is a landmark case...

Establishing Prima Facie Age Discrimination in RIF Terminations: Insights from Walton v. McDonnell Douglas Corp.

Date: Feb 2, 1999

Establishing Prima Facie Age Discrimination in RIF Terminations: Insights from Walton v. McDonnell Douglas Corp. Introduction The case Carl W. Walton v. McDonnell Douglas Corporation, adjudicated in...

Affirmation of Summary Judgment in Disability Discrimination: Mole v. Buckhorn Rubber Products

Date: Feb 2, 1999

Affirmation of Summary Judgment in Disability Discrimination: Mole v. Buckhorn Rubber Products Introduction The case of Kathleen Mole v. Buckhorn Rubber Products, Inc. (165 F.3d 1212) adjudicated by...

Affirmation of Qualified Immunity in Excessive Force Claims: Mettler v. Ramsey County

Date: Jan 26, 1999

Affirmation of Qualified Immunity in Excessive Force Claims: Mettler v. Ramsey County Introduction Mettler v. Ramsey County is a seminal case adjudicated by the United States Court of Appeals for the...

Transfer of Venue in Employment Contract Disputes: Graff v. Qwest Communications

Date: Jan 26, 1999

Transfer of Venue in Employment Contract Disputes: Graff v. Qwest Communications Introduction The case of Brian W. Graff v. Qwest Communications Corporation (33 F. Supp. 2d 1117) adjudicated in the...

Affirmation of Consent Validity and Batson Upholding in United States v. Alejo

Date: Jan 23, 1999

Affirmation of Consent Validity and Batson Upholding in United States v. Alejo Introduction United States of America v. Jose O. Martinez, also known as Daniel Alejo, also known as Pedro C. Alejo, 168...

Enhanced Standards for Hostile Work Environment Claims in Employment Discrimination: Sandra Breeding v. Arthur J. Gallagher & Co.

Date: Jan 16, 1999

Enhanced Standards for Hostile Work Environment Claims in Employment Discrimination Introduction The case of Sandra Breeding, Appellant, v. Arthur J. Gallagher and Co., Appellee (164 F.3d 1151)...