8th Circuit Case Commentaries

Severance in Joint Trials: An In-Depth Analysis of United States v. Baker and Wheeler

Date: Sep 28, 1996

Severance in Joint Trials: An In-Depth Analysis of United States v. Baker and Wheeler Introduction In the landmark case United States of America v. Douglas Allen Baker and Leroy Charles Wheeler (98...

Integration of Mental Impairments in Vocational Assessments: Pickney v. Chater

Date: Sep 18, 1996

Integration of Mental Impairments in Vocational Assessments: Pickney v. Chater Introduction Joe Pickney v. Shirley S. Chater, Commissioner, Social Security Administration is a pivotal case...

Eighth Circuit Clarifies Standards for Preliminary Injunctions in Retaliation Claims: Adam-Mellang v. Apartment Search, Inc.

Date: Sep 18, 1996

Eighth Circuit Clarifies Standards for Preliminary Injunctions in Retaliation Claims: Adam-Mellang v. Apartment Search, Inc. Introduction In the landmark case of Linda Adam-Mellang v. Apartment...

Non-Dischargeability of Contingent Debt under Section 523(a)(6): A Comprehensive Analysis of In re: Jerry Waugh

Date: Sep 13, 1996

Non-Dischargeability of Contingent Debt under Section 523(a)(6): A Comprehensive Analysis of In re: Jerry Waugh Introduction The case of In re: Jerry Waugh, Debtor (95 F.3d 706) serves as a pivotal...

Exclusivity of Federal Rights under Title VII and Non-Exhaustion of Collective Bargaining Grievances: Insights from Varner v. National Super Markets, Inc.

Date: Sep 10, 1996

Exclusivity of Federal Rights under Title VII and Non-Exhaustion of Collective Bargaining Grievances: Insights from Varner v. National Super Markets, Inc. Introduction The case of Lisa Anne Varner,...

Eighth Circuit Establishes Duty of Prison Officials to Prevent Violence through Non-Random Cell Assignments

Date: Sep 6, 1996

Eighth Circuit Establishes Duty of Prison Officials to Prevent Violence through Non-Random Cell Assignments Introduction In Jerry Jensen et al. v. Harold W. Clarke et al., the United States Court of...

Protected Liberty Interests in Prison Administrative Actions: Wycoff v. ISP Officials

Date: Sep 6, 1996

Protected Liberty Interests in Prison Administrative Actions: Wycoff v. ISP Officials Introduction Wycoff v. n R. Wycoff, Appellant, (94 F.3d 1187) is a pivotal case decided by the United States...

Strict Enforcement of Procedural Defaults in Federal Habeas Corpus: An Analysis of Reese v. Delo

Date: Sep 5, 1996

Strict Enforcement of Procedural Defaults in Federal Habeas Corpus: An Analysis of Reese v. Delo Introduction Donald E. Reese v. Paul Delo, Superintendent, Potosi Correctional Center is a pivotal...

Eighth Circuit Reinterprets ADA Disability Definition in Webb v. Garelick Manufacturing Co.

Date: Aug 30, 1996

Eighth Circuit Reinterprets ADA Disability Definition in Webb v. Garelick Manufacturing Co. Introduction Webb v. Garelick Manufacturing Co. is a landmark case decided by the United States Court of...

United States v. Cal et al. (1996): Eighth Circuit Sets Precedent on Interstate Murder-for-Hire Conspiracy Requirements

Date: Aug 29, 1996

United States v. Cal et al. (1996): Eighth Circuit Sets Precedent on Interstate Murder-for-Hire Conspiracy Requirements Introduction In the landmark case of United States of America v. Cal et al. (94...

Strict Adherence to Due Process and Counsel Effectiveness Standards in Habeas Petitions: Parker v. Bowersox and Nixon

Date: Aug 27, 1996

Strict Adherence to Due Process and Counsel Effectiveness Standards in Habeas Petitions: Parker v. Bowersox and Nixon Introduction In the landmark case Ronnie Parker v. Michael S. Bowersox, Jeremiah...

Affirmation of Residual Functional Capacity in Disability Determinations: Ostronski v. Chater

Date: Aug 23, 1996

Affirmation of Residual Functional Capacity in Disability Determinations: Ostronski v. Chater Introduction In the case of Julaine Ostronski v. Shirley S. Chater, Commissioner of Social Security...

Constructive Discharge Standards: Eighth Circuit Reverses Jury Verdict in Tidwell v. Meyer's Bakeries

Date: Aug 22, 1996

Constructive Discharge Standards: Eighth Circuit Reverses Jury Verdict in Tidwell v. Meyer's Bakeries Introduction In the landmark case of Henry N. Tidwell; Herman L. Muldrow v. Meyer's Bakeries,...

Discretion in Awarding Statutory Damages Under Title III: Insights from Reynolds v. Spears

Date: Aug 22, 1996

Discretion in Awarding Statutory Damages Under Title III: Insights from Reynolds v. Spears Introduction The case of Reynolds v. Spears, adjudicated by the United States Court of Appeals for the...

Eighth Circuit Clarifies 'Active Employment' Standard for Firearm Use in Drug Trafficking – United States v. Thomas

Date: Aug 22, 1996

Eighth Circuit Clarifies 'Active Employment' Standard for Firearm Use in Drug Trafficking – United States v. Thomas Introduction In United States v. Shaun Thomas (93 F.3d 479), the United States...

Establishing Personal Jurisdiction in Internet-Based Operations under the Lanham Act: Maritz, Inc. v. Cybergold, Inc.

Date: Aug 20, 1996

Establishing Personal Jurisdiction in Internet-Based Operations under the Lanham Act: Maritz, Inc. v. Cybergold, Inc. Introduction Maritz, Inc. v. Cybergold, Inc. (947 F. Supp. 1328) is a pivotal...

Priority of Prejudgment Attachments Under Missouri Law: Enterprise Bank v. Magna Bank of Missouri

Date: Aug 17, 1996

Priority of Prejudgment Attachments Under Missouri Law: Enterprise Bank v. Magna Bank of Missouri Introduction The case of Enterprise Bank v. Magna Bank of Missouri delineates the intricate dynamics...

Judicial Estoppel and Rule 60(b) in Settlement Agreements: Insights from MIF Realty L.P. v. Rochester Associates

Date: Aug 17, 1996

Judicial Estoppel and Rule 60(b) in Settlement Agreements: Insights from MIF Realty L.P. v. Rochester Associates Introduction The case of MIF Realty L.P. v. Rochester Associates, decided by the...

Revisiting Trial Work Period Entitlement in Disability Claims: Newton v. Chater

Date: Aug 10, 1996

Revisiting Trial Work Period Entitlement in Disability Claims: Newton v. Chater Introduction The case of Donald A. Newton v. Shirley S. Chater, Commissioner of Social Security (92 F.3d 688, 8th Cir....

Enhancing the Substantial Evidence Standard in Disability Determinations: Roe v. Chater

Date: Aug 10, 1996

Enhancing the Substantial Evidence Standard in Disability Determinations: Roe v. Chater Introduction William Roe v. Shirley S. Chater, Commissioner of the Social Security Administration, 92 F.3d 672...