8th Circuit Case Commentaries

FIFRA Preemption in Product Liability: NATIONAL BANK OF COMMERCE v. DOW CHEMICAL CO. and Others

Date: Jan 12, 1999

FIFRA Preemption in Product Liability: NATIONAL BANK OF COMMERCE v. DOW CHEMICAL CO. and Others Introduction The case of National Bank of Commerce, of El Dorado, Arkansas, guardian of the estate...

RICO Claim Dismissed: Insufficient Pattern and No Private Right of Action for Fraud and Extortion

Date: Jan 12, 1999

RICO Claim Dismissed: Insufficient Pattern and No Private Right of Action for Fraud and Extortion Introduction The case of Robert R. Wisdom and Nancy J. Wisdom v. First Midwest Bank et al.,...

Comprehensive Commentary on State of Missouri v. Coeur D'Alene Tribe: IGRA Preemption and Appellate Jurisdiction

Date: Jan 7, 1999

Comprehensive Commentary on State of Missouri v. Coeur D'Alene Tribe: IGRA Preemption and Appellate Jurisdiction Introduction The case of State of Missouri ex rel. Jeremiah W. (Jay) Nixon, Attorney...

Eighth Circuit Clarifies LMRA Preemption: State-Law Claims Not Automatically Preempted in Employment Disputes

Date: Dec 25, 1998

Eighth Circuit Clarifies LMRA Preemption: State-Law Claims Not Automatically Preempted in Employment Disputes Introduction In the landmark case of John G. Meyer v. Schnucks Markets, Inc., the United...

Miranda Protections in Incarcerated Interrogations: United States v. Chamberlain

Date: Dec 25, 1998

Miranda Protections in Incarcerated Interrogations: United States v. Chamberlain Introduction United States of America v. George Gerald Chamberlain, 163 F.3d 499 (8th Cir. 1998), addresses critical...

Enforcing Expert Disclosure Deadlines in Products Liability Cases: Analysis of Trost v. Trek Bicycle Corporation

Date: Dec 24, 1998

Enforcing Expert Disclosure Deadlines in Products Liability Cases: Analysis of Trost v. Trek Bicycle Corporation Introduction The case of Michael D. Trost v. Trek Bicycle Corporation, decided by the...

Eighth Circuit Clarifies Younger Abstention: Favoring Stay Over Dismissal in §1983 Zoning Disputes

Date: Dec 15, 1998

Eighth Circuit Clarifies Younger Abstention: Favoring Stay Over Dismissal in §1983 Zoning Disputes Introduction The case of Night Clubs, Inc., doing business as Regina's House of Dolls II v. City of...

Right to Jury Trial in Third-Offense DWI Cases Recognized as a Structural Error

Date: Dec 11, 1998

Right to Jury Trial in Third-Offense DWI Cases Recognized as a Structural Error Introduction Timothy G. McGurk v. Donald Stenberg, Attorney General for the State of Nebraska; Michael Thurber,...

Clarifying Employer Liability under Title VII: Insights from Artis v. Francis Howell North Band Booster Association

Date: Dec 10, 1998

Clarifying Employer Liability under Title VII: Insights from Artis v. Francis Howell North Band Booster Association Introduction Terry J. Artis v. Francis Howell North Band Booster Association, Inc.;...

Competitive Relationship Not a Threshold Requirement for Subject-Matter Jurisdiction under the Robinson-Patman Act

Date: Dec 2, 1998

Competitive Relationship Not a Threshold Requirement for Subject-Matter Jurisdiction under the Robinson-Patman Act Introduction In the landmark case of Thomas M. Godfrey et al. v. Pulitzer Publishing...

Comprehensive Record Development in Disability Determinations: Cox v. Apfel

Date: Nov 24, 1998

Comprehensive Record Development in Disability Determinations: Cox v. Apfel Introduction The case of Sharon K. Cox v. Kenneth S. Apfel, adjudicated by the United States Court of Appeals for the...

Duty of Fair Representation and Bivens Claims: Insights from Bina Buford v. Mar

Date: Nov 21, 1998

Duty of Fair Representation and Bivens Claims: Insights from Bina Buford v. Mar Introduction The case of Bina Buford v. Marvin T. Runyon, Jr. (160 F.3d 1199, 8th Cir. 1998) serves as a significant...

Establishing Pretext in Title VII Gender Discrimination Claims: The Lynn v. Deaconess Decision

Date: Nov 18, 1998

Establishing Pretext in Title VII Gender Discrimination Claims: The Lynn v. Deaconess Decision Introduction In the landmark case of Michael Lynn, Appellant, v. Deaconess Medical Center-West Campus...

Clear Policy Language Upholds Summary Judgment in Insurance Coverage Dispute Post-Divorce

Date: Nov 13, 1998

Clear Policy Language Upholds Summary Judgment in Insurance Coverage Dispute Post-Divorce Introduction The case of Lachonne Bell v. Allstate Life Insurance Company; Sears Roebuck Company (160 F.3d...

Reevaluation of Residual Functional Capacity in Social Security Disability Claims: Baker v. Apfel

Date: Nov 11, 1998

Reevaluation of Residual Functional Capacity in Social Security Disability Claims: Baker v. Apfel Introduction In the landmark case of Wayne T. Baker v. Kenneth S. Apfel, the United States Court of...

Essential Job Functions and Attendance Requirements Under ADA: Insights from Nesser v. Trans World Airlines

Date: Nov 11, 1998

Essential Job Functions and Attendance Requirements Under ADA: Insights from Nesser v. Trans World Airlines Introduction The case of Charles Nesser v. Trans World Airlines, Inc., 160 F.3d 442 (8th...

Denesha v. Farmers Insurance: Establishing Stringent Standards for Age Discrimination and Punitive Damages under the ADEA and MHRA

Date: Nov 4, 1998

Denesha v. Farmers Insurance: Establishing Stringent Standards for Age Discrimination and Punitive Damages under the ADEA and MHRA Introduction Denesha v. Farmers Insurance Exchange is a pivotal case...

Causation Standards in Missouri Asbestos Wrongful Death Cases: Insights from Chism v. W.R. Grace Co.

Date: Oct 22, 1998

Causation Standards in Missouri Asbestos Wrongful Death Cases: Insights from Chism v. W.R. Grace Co. Introduction The case of Hazel Chism, Patricia Meier, Mark Chism, and Kent Chism (collectively,...

Substantial Evidence Upholds Disability Benefit Denial in Qualls v. Apfel

Date: Oct 17, 1998

Substantial Evidence Upholds Disability Benefit Denial in Qualls v. Apfel Introduction Linda Qualls, a 56-year-old former real estate closing agent with a high school education, appealed the denial...

Affirming Qualified Immunity: Eighth Circuit's Ruling in Liebe v. Norton

Date: Oct 2, 1998

Affirming Qualified Immunity: Eighth Circuit's Ruling in Liebe v. Norton Introduction The case of Mary Ellen Liebe, Special Administrator of the Estate of Robert W. Liebe, Deceased, and Mary Ellen...