8th Circuit Case Commentaries

Substantive Due Process Reinforced in Vi v. Ann Rogers

Date: Aug 11, 1998

Substantive Due Process Reinforced in Vi v. Ann Rogers Introduction Vivian Ann Rogers filed a civil action under 42 U.S.C. § 1983 against the City of Little Rock, Arkansas, its former police officer...

Affirmation of Disability Denial: Implications of Fenton v. Apfel on Light Work Classification

Date: Aug 6, 1998

Affirmation of Disability Denial: Implications of Fenton v. Apfel on Light Work Classification Introduction The case of Sydney Fenton v. Kenneth S. Apfel, adjudicated by the United States Court of...

Establishing Causal Links in Title VII Retaliation Claims: Insights from Smith & Thomas v. Riceland Foods, Inc.

Date: Aug 6, 1998

Establishing Causal Links in Title VII Retaliation Claims: Insights from Smith & Thomas v. Riceland Foods, Inc. Introduction Smith & Thomas v. Riceland Foods, Inc. is a significant appellate case...

Strict Compliance Required for Title VII Charges: Insights from Shempert v. Harwick Chemical Corp

Date: Aug 1, 1998

Strict Compliance Required for Title VII Charges: Insights from Shempert v. Harwick Chemical Corp Introduction Shempert v. Harwick Chemical Corporation is a pivotal case adjudicated by the United...

Comprehensive Commentary on Clark v. Heidrick: Establishing Standards for Admissibility of Expert Testimony in Medical Malpractice Cases

Date: Jul 31, 1998

Clark v. Heidrick: Establishing Standards for Admissibility of Expert Testimony in Medical Malpractice Cases Introduction In the landmark case of Clark v. Heidrick, the United States Court of Appeals...

8th Circuit Upholds Municipal Liability for Failure to Protect Juvenile Detainee under Fourteenth Amendment

Date: Jul 31, 1998

8th Circuit Upholds Municipal Liability for Failure to Protect Juvenile Detainee under Fourteenth Amendment Introduction In the landmark case of John Doe, Jr. v. Washington County, the United States...

Affirmation of Municipal Liability for Deliberate Indifference to Inmate Safety: Syl v. Ware

Date: Jul 28, 1998

Affirmation of Municipal Liability for Deliberate Indifference to Inmate Safety: Syl v. Ware Introduction Sylvanna Ware, an inmate at the Jackson County Department of Corrections (JCDC), filed a...

Affirming Enhanced Injury Liability in Automotive Product Defects: Bass v. General Motors Corp. Decision

Date: Jul 25, 1998

Affirming Enhanced Injury Liability in Automotive Product Defects: Bass v. General Motors Corp. Decision Introduction The case of Jerry M. Bass; Bonnie Bass v. General Motors Corporation addresses...

Transferable Skills and Marketability in Social Security Disability Determinations: Duane Fines v. Apfel

Date: Jul 25, 1998

Transferable Skills and Marketability in Social Security Disability Determinations: Duane Fines v. Apfel Introduction In the case of Duane Fines v. Kenneth S. Apfel, adjudicated by the United States...

Eighth Circuit’s Rorie v. UPS Clarifies Hostile Work Environment Claims under Title VII

Date: Jul 24, 1998

Eighth Circuit’s Rorie v. UPS Clarifies Hostile Work Environment Claims under Title VII Introduction Lisa A. Rorie v. United Parcel Service, Inc., 151 F.3d 757 (8th Cir. 1998), is a pivotal case in...

Substantial Evidence Standard in Disability Claims: Pyland v. Apfel Analysis

Date: Jul 23, 1998

Substantial Evidence Standard in Disability Claims: Pyland v. Apfel Analysis Introduction The case of Hazel Pyland v. Kenneth S. Apfel addresses the complex intersection of disability law and...

Integration of VA Disability Findings and Comprehensive Impairment Assessment in SSA Disability Determinations: Morrison v. Apfel

Date: Jul 18, 1998

Integration of VA Disability Findings and Comprehensive Impairment Assessment in SSA Disability Determinations: Morrison v. Apfel Introduction The case of Michael J. Morrison v. Kenneth S. Apfel,...

Establishing Standards for Hostile Work Environments under Title VII: Howard v. Burns Bros., Inc.

Date: Jul 15, 1998

Establishing Standards for Hostile Work Environments under Title VII: Howard v. Burns Bros., Inc. Introduction Mary K. Howard v. Burns Bros., Inc. is a pivotal case decided by the United States Court...

Affirming the Admissibility of Prior Sexual Abuse Convictions under Federal Rule of Evidence 413: United States v. Mound

Date: Jul 10, 1998

Affirming the Admissibility of Prior Sexual Abuse Convictions under Federal Rule of Evidence 413: United States v. Mound Introduction In the landmark case of United States of America v. Alvin Ralph...

Limits on Beneficiaries Suing Trustee's Attorneys for Malpractice: Witzman v. Gross

Date: Jul 8, 1998

Limits on Beneficiaries Suing Trustee's Attorneys for Malpractice: Witzman v. Gross Introduction Case Citation: Joyce Witzman, Appellant, v. Bert M. Gross; Phillips Gross, P.A., formerly known as...

FAA Supremacy in Arbitration Agreements: Upholding Federal Arbitration Standards Over State Choice-of-Law Provisions

Date: Jul 8, 1998

FAA Supremacy in Arbitration Agreements: Upholding Federal Arbitration Standards Over State Choice-of-Law Provisions Introduction The case of UHC Management Company, Inc. v. Computer Sciences...

Eighth Circuit Upholds Frontier Airlines’ Non-Obligation to Reassign Job Functions as ADA Accommodation

Date: Jul 8, 1998

Eighth Circuit Upholds Frontier Airlines’ Non-Obligation to Reassign Job Functions as ADA Accommodation Introduction In Judith Moritz v. Frontier Airlines, Inc. (147 F.3d 784), the United States...

Eighth Circuit Upholds Summary Judgment in Employment Discrimination and Retaliation Case: Ghane v. West

Date: Jul 7, 1998

Eighth Circuit Upholds Summary Judgment in Employment Discrimination and Retaliation Case: Ghane v. West Introduction In Hessam Ghane v. Togo D. West, Jr., Secretary of the Army; Francke C. Walberg,...

Affirmation of Administrators' Discretion in Pre-Existing Condition Claims under ERISA: Farley v. Arkansas Blue Cross

Date: Jul 1, 1998

Affirmation of Administrators' Discretion in Pre-Existing Condition Claims under ERISA: Farley v. Arkansas Blue Cross Introduction In the landmark case of Sherrie A. Farley v. Arkansas Blue Cross and...

Qualified Immunity and Fourth Amendment Protections: Guite v. Wright (147 F.3d 747)

Date: Jun 27, 1998

Qualified Immunity and Fourth Amendment Protections: Guite v. Wright (147 F.3d 747) Introduction Guite v. Wright, decided by the United States Court of Appeals for the Eighth Circuit on June 26,...