8th Circuit Case Commentaries

Interpreting the Lowest Intermediate Balance Rule: Insights from Security State Bank v. Firstar Bank Milwaukee

Date: May 24, 1997

Interpreting the Lowest Intermediate Balance Rule: Insights from Security State Bank v. Firstar Bank Milwaukee Introduction The case of Security State Bank, Sheldon, Iowa, Plaintiff v. Firstar Bank...

Affirmation of Summary Judgment and Enforcement of Rule 11 Sanctions in Dan I v. Shull & Kimbrough

Date: May 23, 1997

Affirmation of Summary Judgment and Enforcement of Rule 11 Sanctions in Dan I v. Shull & Kimbrough Introduction The case of Dan I v. Shull & Kimbrough presents a significant examination of procedural...

Mandatory Use of Vocational Expert Testimony in SSI Claims Involving Significant Nonexertional Impairments: Analysis of Lucy v. Chater

Date: May 22, 1997

Mandatory Use of Vocational Expert Testimony in SSI Claims Involving Significant Nonexertional Impairments: Analysis of Lucy v. Chater Introduction The case of Robert L. Lucy v. Shirley S. Chater,...

ERISA Preemption Unveiled: Wilson v. Zoellner Establishes State Tort Claims Against Insurance Agents Are Not Preempted

Date: May 22, 1997

ERISA Preemption Unveiled: Wilson v. Zoellner Establishes State Tort Claims Against Insurance Agents Are Not Preempted Introduction The case of Candace J. Wilson v. Wayne Zoellner, adjudicated by the...

Hanenburg v. Principal Mutual Insurance: Upholding Summary Judgment on EEOC Filing and Constructive Discharge Standards

Date: May 21, 1997

Hanenburg v. Principal Mutual Insurance: Upholding Summary Judgment on EEOC Filing and Constructive Discharge Standards Introduction The case of Theresa M. Hanenburg v. Principal Mutual Life...

Tralon Corporation v. Cedarapids Inc.: Expanding Understanding of Express Warranties and Indemnity in Contract Disputes

Date: May 21, 1997

Tralon Corporation v. Cedarapids Inc.: Expanding Understanding of Express Warranties and Indemnity in Contract Disputes Introduction The case of Tralon Corporation, Soil Remediation Service, Inc.,...

Standards for Vacating Guilty Pleas Affirmed in Nguyen v. United States (8th Cir. 1997)

Date: May 20, 1997

Standards for Vacating Guilty Pleas Affirmed in Nguyen v. United States (8th Cir. 1997) Introduction Nguyen v. United States, 114 F.3d 699 (8th Cir. 1997), is a pivotal case that addresses the...

Dow Chemical v. TMJ Implant Recipients: Establishing Limits of Parent Company Liability in Product Liability Cases

Date: May 17, 1997

Dow Chemical v. TMJ Implant Recipients: Establishing Limits of Parent Company Liability in Product Liability Cases Introduction The case In re: Temporomandibular Joint (TMJ) Implants Products...

Affirmation of Summary Judgment in Race Discrimination and Retaliation Claims: Chock v. Northwest Airlines

Date: May 15, 1997

Affirmation of Summary Judgment in Race Discrimination and Retaliation Claims: Chock v. Northwest Airlines Introduction Michael Chock, an Asian-American employee, filed a lawsuit against his...

Dischargeability of Medical Malpractice Judgments: In re Paul W. Geiger

Date: May 15, 1997

Dischargeability of Medical Malpractice Judgments: In re Paul W. Geiger Introduction The case of In re Paul W. Geiger, Debtor establishes a significant precedent regarding the dischargeability of...

Enforceability of Individual Arbitration Agreements in Employment Discrimination Cases: Patterson v. Tenet Healthcare, Inc.

Date: May 13, 1997

Enforceability of Individual Arbitration Agreements in Employment Discrimination Cases: Patterson v. Tenet Healthcare, Inc. Introduction Deborah Patterson brought forth an appeal against her former...

Eighth Circuit Recognizes RICO Liability for Attorneys Conducting Fraudulent Bankruptcy Schemes

Date: May 8, 1997

Eighth Circuit Recognizes RICO Liability for Attorneys Conducting Fraudulent Bankruptcy Schemes Introduction In the landmark case of Paul Handeen v. Orlins Brainerd Law Firm, the United States Court...

Eighth Circuit Reverses SSI Denial for Epileptic Seizures: Establishing Substantial Evidence Support

Date: Apr 26, 1997

Eighth Circuit Reverses SSI Denial for Epileptic Seizures: Establishing Substantial Evidence Support Introduction The case of Belinda Flanery v. Shirley S. Chater, Commissioner of the Social Security...

Interpretation of Iowa Code § 20.7(3) in Public Employment: Lockhart v. Cedar Rapids Community School District

Date: Apr 26, 1997

Interpretation of Iowa Code § 20.7(3) in Public Employment: Lockhart v. Cedar Rapids Community School District Introduction Lockhart v. Cedar Rapids Community School District is a pivotal case that...

Establishing Personal Jurisdiction through Contractual Commitments: Insights from Northwest Airlines, Inc. v. Astraea Aviation Services, Inc.

Date: Apr 25, 1997

Establishing Personal Jurisdiction through Contractual Commitments: Insights from Northwest Airlines, Inc. v. Astraea Aviation Services, Inc. Introduction The case of Northwest Airlines, Inc. v....

Strict Scrutiny of Section 1443 Removal in Disbarment Cases: Insights from Wilson v. Neal, 112 F.3d 351

Date: Apr 23, 1997

Strict Scrutiny of Section 1443 Removal in Disbarment Cases: Insights from Wilson v. Neal, 112 F.3d 351 Introduction The case of James A. Neal, Director of Arkansas Supreme Court Committee on...

Negligence at Unguarded Rail Crossing: The 3M Case

Date: Apr 22, 1997

Negligence at Unguarded Rail Crossing: The 3M Case Introduction The case of Glen Wood vs. Minnesota Mining and Manufacturing Company (3M) presents a significant examination of negligence, liability,...

Affirmation of Discharge: Reasonable Reliance and Intent in Bankruptcy Fraud

Date: Apr 18, 1997

Affirmation of Discharge: Reasonable Reliance and Intent in Bankruptcy Fraud Introduction In the case of First National Bank, of Olathe, Kansas v. Thomas M. Pontow; Ann M. Pontow, decided on April...

Affirmation of Habeas Petition Denial in Terry Gee v. Michael Groose: A Comprehensive Analysis

Date: Apr 12, 1997

Affirmation of Habeas Petition Denial in Terry Gee v. Michael Groose: A Comprehensive Analysis Introduction Terry Gee v. Michael Groose, et al., 110 F.3d 1346 (8th Cir. 1997) is a pivotal case...

Governmental Attorney-Client Privilege Cannot Shield White House Communications from Grand Jury Subpoenas

Date: Apr 10, 1997

Governmental Attorney-Client Privilege Cannot Shield White House Communications from Grand Jury Subpoenas Introduction In the landmark case In re: Grand Jury Subpoena Duces Tecum (112 F.3d 910),...