8th Circuit Case Commentaries

Issue Preclusion and the Rooker-Feldman Doctrine in Wrongful Termination: Bechtold v. City of Rosemount

Date: Jan 16, 1997

Issue Preclusion and the Rooker-Feldman Doctrine in Wrongful Termination: Bechtold v. City of Rosemount Introduction In Da v. d J. Bechtold (104 F.3d 1062), the United States Court of Appeals for the...

Establishing Prejudice in Ineffective Assistance Claims: Insights from Pryor v. Norris (103 F.3d 710)

Date: Jan 10, 1997

Establishing Prejudice in Ineffective Assistance Claims: Insights from Pryor v. Norris (103 F.3d 710) Introduction Minnie Pryor v. Larry Norris, 103 F.3d 710 (8th Cir. 1997), is a pivotal case that...

Preemption of Municipal Tobacco Advertising Ordinances under the Federal Cigarette Labeling and Advertising Act

Date: Jan 7, 1997

Preemption of Municipal Tobacco Advertising Ordinances under the Federal Cigarette Labeling and Advertising Act Introduction The case of Mrs. Binh Chiglo; J B, Inc.; Mary Moore v. City of Preston...

Affirmation of Conviction in United States v. Cleophus Davis, Jr.: Upholding Circumstantial Evidence and Identification Reliability

Date: Dec 24, 1996

Affirmation of Conviction in United States v. Cleophus Davis, Jr.: Upholding Circumstantial Evidence and Identification Reliability Introduction The case of United States of America v. Cleophus...

Affirmation of PCR DNA Testing Reliability under Daubert in United States v. Beasley

Date: Dec 19, 1996

Affirmation of PCR DNA Testing Reliability under Daubert in United States v. Beasley Introduction The case of United States of America v. Reginald Pierre Beasley and Oliver Lawrence Beasley (102 F.3d...

Affirmation of Minnesota's Campaign Finance Statutes: Upholding First Amendment Protections

Date: Dec 12, 1996

Affirmation of Minnesota's Campaign Finance Statutes: Upholding First Amendment Protections Introduction The case of Patrick Rosenstiel; Christopher Longley v. Carolyn Rodriguez was brought before...

ERISA Preemption and Negligent Misrepresentation in In Home Health, Inc. v. Prudential Insurance Company of America

Date: Dec 3, 1996

ERISA Preemption and Negligent Misrepresentation in In Home Health, Inc. v. Prudential Insurance Company of America Introduction The case of In Home Health, Inc. v. The Prudential Insurance Company...

Chapter 12 Bankruptcy and Lien Stripping: Establishing New Precedent in Harmon v. United States

Date: Dec 3, 1996

Chapter 12 Bankruptcy and Lien Stripping: Establishing New Precedent in Harmon v. United States Introduction Harmon v. United States, 101 F.3d 574 (8th Cir. 1996), presents a significant advancement...

Establishing Unsuccessful Work Attempts in Disability Claims: Andler v. Chater

Date: Nov 22, 1996

Establishing Unsuccessful Work Attempts in Disability Claims: Andler v. Chater Introduction Gregory Andler v. Shirley S. Chater, Commissioner of Social Security Administration is a pivotal case...

Kennedy v. Blankenship: Defining Due Process Protections in Prison Disciplinary Actions

Date: Nov 19, 1996

Kennedy v. Blankenship: Defining Due Process Protections in Prison Disciplinary Actions Introduction Kennedy v. Blankenship is a pivotal case adjudicated by the United States Court of Appeals for the...

Probable Cause and the Good-Faith Exception: Insights from United States v. LaMorie

Date: Nov 7, 1996

Probable Cause and the Good-Faith Exception: Insights from United States v. LaMorie Introduction United States v. Lawrence D. LaMorie; Patricia L. LaMorie, 100 F.3d 547 (8th Cir. 1996), presents a...

BAILEY v. UNITED STATES: Defining 'Use' of Firearms in Drug Trafficking Under the Eighth Circuit

Date: Oct 26, 1996

BAILEY v. UNITED STATES: Defining 'Use' of Firearms in Drug Trafficking Under the Eighth Circuit Introduction The case of United States of America v. John Monroe Kime and Randall Kirk Bell,...

Deliberate Indifference in Police Supervision: Andrews v. Fowler

Date: Oct 24, 1996

Deliberate Indifference in Police Supervision: Andrews v. Fowler Introduction Andrews v. Fowler is a pivotal case decided by the United States Court of Appeals for the Eighth Circuit on October 23,...

Limits of Equitable Estoppel in Civil Rights Litigation: Insights from Bonnie Bell v. Randy Fowler

Date: Oct 24, 1996

Limits of Equitable Estoppel in Civil Rights Litigation: Insights from Bonnie Bell v. Randy Fowler Introduction In Bonnie Bell v. Randy Alan Fowler (99 F.3d 262, 8th Cir. 1996), the United States...

Stay Granted on FCC's Pricing Rules in Telecommunications Act of 1996

Date: Oct 16, 1996

Stay Granted on FCC's Pricing Rules in Telecommunications Act of 1996 Introduction The case of Iowa Utilities Board v. Federal Communications Commission (109 F.3d 418) consolidates multiple petitions...

Affirmation of Conspiracy Convictions and Admissibility of Prior Acts: Eighth Circuit in McCarthy et al. v. United States

Date: Oct 11, 1996

Affirmation of Conspiracy Convictions and Admissibility of Prior Acts: Eighth Circuit in McCarthy et al. v. United States Introduction The case of United States of America v. Thomas Joseph McCarthy...

Strict Standards for Eighth Amendment Claims Affirmed; Qualified Immunity Upheld in HIV Segregation Case

Date: Oct 9, 1996

Strict Standards for Eighth Amendment Claims Affirmed; Qualified Immunity Upheld in HIV Segregation Case Introduction The case of Jeffrey Tokar v. Bill Armontrout; Robert Drennen; Myrna E. Trickey...

Eighth Circuit Upholds Daubert Standards in Product Liability and Design Defect Case

Date: Oct 5, 1996

Eighth Circuit Upholds Daubert Standards in Product Liability and Design Defect Case Introduction The case of Jeffrey L. Peitzmeier; Sherry L. Peitzmeier, Appellants, v. Hennessy Industries, Inc....

Component Part Supplier Doctrine Reinforced: Eighth Circuit Affirms Limited Liability for Multi-use Raw Material Suppliers in TMJ Implant Litigation

Date: Oct 5, 1996

Component Part Supplier Doctrine Reinforced: Eighth Circuit Affirms Limited Liability for Multi-use Raw Material Suppliers in TMJ Implant Litigation Introduction The case of In re: Temporomandibular...

Affirming Trial Court Discretion in Severance, Evidence Admissibility, and Jury Instructions in United States v. Warfield

Date: Oct 3, 1996

Affirming Trial Court Discretion in Severance, Evidence Admissibility, and Jury Instructions in United States v. Warfield Introduction United States of America v. Antwon A. Warfield is a significant...