8th Circuit Case Commentaries

Eighth Circuit Limits Bureau of Prisons' Authority in Defining "Nonviolent Offense" for Early Release

Date: Jan 14, 1998

Eighth Circuit Limits Bureau of Prisons' Authority in Defining "Nonviolent Offense" for Early Release Introduction The United States Court of Appeals for the Eighth Circuit delivered a pivotal...

Affirmation of Dismissal in Section 1983 Claims: Springdale Education Association v. Springdale School District

Date: Jan 10, 1998

Affirmation of Dismissal in Section 1983 Claims: Springdale Education Association v. Springdale School District Introduction In Springdale Education Association, Wendell Ridenour, President; Wendell...

Substantial Evidence and Credibility in Disability Claims: A Comprehensive Analysis of Kelley v. Callahan

Date: Jan 8, 1998

Substantial Evidence and Credibility in Disability Claims: A Comprehensive Analysis of Kelley v. Callahan Introduction Nancy Kelley v. John J. Callahan, Acting Commissioner, Social Security...

Appellate Clarification on Evidence Requirements in Employment Discrimination: Rivers-Frison v. Southeast Missouri Community Treatment Center

Date: Jan 8, 1998

Appellate Clarification on Evidence Requirements in Employment Discrimination: Rivers-Frison v. Southeast Missouri Community Treatment Center Introduction The case of Sandra Rivers-Frison v....

Deneen v. Northwest Airlines: Direct Evidence of Pregnancy Discrimination and Punitive Damages Assessment

Date: Jan 7, 1998

Deneen v. Northwest Airlines: Direct Evidence of Pregnancy Discrimination and Punitive Damages Assessment Introduction Ruth T. Deneen v. Northwest Airlines, Inc. is a landmark case adjudicated by the...

Affirmation of Abuse of Discretion Standard in ERISA Plan Administration: Layes v. Mead Corporation & CNA Insurance

Date: Jan 6, 1998

Affirmation of Abuse of Discretion Standard in ERISA Plan Administration: Layes v. Mead Corporation & CNA Insurance Introduction Ronnie Layes initiated an action under the ERISA challenging the...

Reaffirmation of Standards for Proving Deliberate Indifference in Prison Medical Care Claims: Merriweather v. Carnahan

Date: Jan 1, 1998

Reaffirmation of Standards for Proving Deliberate Indifference in Prison Medical Care Claims: Merriweather v. Carnahan Introduction Merriweather v. Carnahan is a pivotal case adjudicated by the...

Hostile Work Environment Reinforced: Eighth Circuit Upholds Jury Verdict in Sexual Harassment Case

Date: Dec 30, 1997

Hostile Work Environment Reinforced: Eighth Circuit Upholds Jury Verdict in Sexual Harassment Case Introduction In the landmark case of Mary Jane Hathaway v. Marvin Runyon, Postmaster General, the...

Strict Standards for Certificates of Appealability in Death Penalty Cases: Analysis of Cox v. Norris

Date: Dec 30, 1997

Strict Standards for Certificates of Appealability in Death Penalty Cases: Analysis of Cox v. Norris Introduction The case of Johnie Cox v. Larry Norris, decided by the United States Court of Appeals...

Eighth Circuit Upholds Partial Final Judgments Under FRCP 54(b) in TMJ Implant Litigation

Date: Dec 30, 1997

Eighth Circuit Upholds Partial Final Judgments Under FRCP 54(b) in TMJ Implant Litigation Introduction The case of Jennifer N. Kocher et al. v. Dow Chemical Company et al. involves plaintiffs seeking...

Ensuring Comprehensive Hypotheticals in Disability Benefit Evaluations: Insights from Brachtel v. Apfel

Date: Dec 19, 1997

Ensuring Comprehensive Hypotheticals in Disability Benefit Evaluations: Insights from Brachtel v. Apfel Introduction The case of Peter C. Brachtel versus Kenneth S. Apfel, Commissioner of Social...

Comprehensive Application of the Federal Bank Robbery Act and Limitations on Post-Conviction Relief in EMBREY v. HERSHBERGER

Date: Dec 18, 1997

Comprehensive Application of the Federal Bank Robbery Act and Limitations on Post-Conviction Relief in EMBREY v. HERSHBERGER Introduction The case of William J.R. Embrey v. Greg Hershberger addresses...

Attorney's Liens and Sanctions in Bankruptcy Proceedings: In re Mahendra v. Dewoskin

Date: Dec 18, 1997

Attorney's Liens and Sanctions in Bankruptcy Proceedings: In re Mahendra v. Dewoskin Introduction In re: Bishweshwar Rai Mahendra, Debtor, Eric J. Snyder, Creditor-Appellant, v. A. Thomas Dewoskin,...

Affirmation of Preliminary Injunction in 3M v. Rauh Rubber: Trademark Infringement and Consumer Protection

Date: Dec 12, 1997

Affirmation of Preliminary Injunction in 3M v. Rauh Rubber: Trademark Infringement and Consumer Protection Introduction The case of Minnesota Mining Manufacturing Company v. Rauh Rubber, Inc....

Deliberate Indifference in Prison Medical Care: Keeper v. King & Gammon

Date: Dec 12, 1997

Deliberate Indifference in Prison Medical Care: Keeper v. King & Gammon Introduction The case of Andrew Keeper, Appellant, v. Fred King, Dr.; Anthony Gammon, Appellees, decided by the United States...

Establishing Constructive Discharge in Racially Hostile Work Environments: Delph v. Dr. Pepper Bottling Co.

Date: Dec 6, 1997

Establishing Constructive Discharge in Racially Hostile Work Environments: Delph v. Dr. Pepper Bottling Co. Introduction Delph v. Dr. Pepper Bottling Co. is a landmark case adjudicated by the United...

Eveleth Taconite Co. v. Jenson: Advancing Causation and Expert Testimony Standards in Sexual Harassment Litigation

Date: Dec 6, 1997

Eveleth Taconite Co. v. Jenson: Advancing Causation and Expert Testimony Standards in Sexual Harassment Litigation Introduction In the landmark case Lois E. Jenson et al. v. Eveleth Taconite Company,...

Eighth Circuit Establishes Contemporaneous New Value Exception for Employee Benefit Contributions in Bankruptcy Preferences

Date: Nov 26, 1997

Eighth Circuit Establishes Contemporaneous New Value Exception for Employee Benefit Contributions in Bankruptcy Preferences Introduction The case of In Re: Jones Truck Lines, Inc., Debtor addresses...

Rule 9(b) Not Applicable to Section 11 and 12(2) Claims: Insights from In re NationsMart Corporation Securities Litigation

Date: Nov 22, 1997

Rule 9(b) Not Applicable to Section 11 and 12(2) Claims: Insights from In re NationsMart Corporation Securities Litigation Introduction The litigation In re NationsMart Corporation Securities...

Henderson v. Norris: Establishing Appellate Fee Procedures Under the PLRA

Date: Nov 20, 1997

Henderson v. Norris: Establishing Appellate Fee Procedures Under the PLRA Introduction In Harold Henderson v. Larry Norris, Director, Arkansas Department of Correction, 129 F.3d 481 (8th Cir. 1997),...