8th Circuit Case Commentaries

Failure to Raise Batson Objection Not Ineffective Assistance: Carter v. Hopkins

Date: Aug 9, 1996

Failure to Raise Batson Objection Not Ineffective Assistance: Carter v. Hopkins Introduction Victor Carter v. Frank X. Hopkins, 92 F.3d 666 (8th Cir. 1996), is a pivotal case addressing the...

Rooker-Feldman Doctrine Affirmed in Bankruptcy Court Jurisdiction: Goetzman v. Agribank

Date: Aug 8, 1996

Rooker-Feldman Doctrine Affirmed in Bankruptcy Court Jurisdiction: Goetzman v. Agribank Introduction The case of In re: James O. Goetzman; Georgiann Goetzman v. Agribank, FCB (91 F.3d 1173) addresses...

Substantial Gainful Activity as a Determinant for Social Security Disability Benefits: Analysis of Comstock v. Chater

Date: Aug 6, 1996

Substantial Gainful Activity as a Determinant for Social Security Disability Benefits: Analysis of Comstock v. Chater Introduction Comstock v. Chater, 91 F.3d 1143 (8th Cir. 1996), is a pivotal case...

Eighth Circuit Clarifies EMTALA Standards: Negligence Alone Insufficient for EMTALA Claims

Date: Aug 6, 1996

Eighth Circuit Clarifies EMTALA Standards: Negligence Alone Insufficient for EMTALA Claims Introduction The case of Harold SUMMERS v. BAPTIST MEDICAL CENTER ARKADELPHIA, adjudicated by the United...

Proximate Cause and Exposure Levels in Toxic Tort Litigation: Insights from Wright v. Willamette Industries

Date: Aug 3, 1996

Proximate Cause and Exposure Levels in Toxic Tort Litigation: Insights from Wright v. Willamette Industries Introduction Wright v. Willamette Industries is a pivotal toxic tort case adjudicated by...

Expansion of Title VII Protections in Same-Sex Workplace Harassment: Commentary on Quick v. Donaldson Company, Inc.

Date: Jul 30, 1996

Expansion of Title VII Protections in Same-Sex Workplace Harassment: Commentary on Quick v. Donaldson Company, Inc. Introduction Phil Quick v. Donaldson Company, Inc., 90 F.3d 1372 (8th Cir. 1996),...

Limitations on Brady and Jencks Act Disclosures in Money Laundering Convictions: Analysis of United States v. Gonzales et al.

Date: Jul 27, 1996

Limitations on Brady and Jencks Act Disclosures in Money Laundering Convictions: Analysis of United States v. Gonzales et al. Introduction The case of United States of America v. Martha Elena...

Affirmation of Qualified Immunity in Retaliation Claims: E v. Hampton

Date: Jul 20, 1996

Affirmation of Qualified Immunity in Retaliation Claims: E v. Hafley Introduction In the landmark case Evelyn Susan Hafley v. Janette Lohman et al., adjudicated by the United States Court of Appeals...

Qualified Immunity for Prison Officials in Eighth Amendment Cases: Prater v. Dahm et al.

Date: Jul 18, 1996

Qualified Immunity for Prison Officials in Eighth Amendment Cases: Prater v. Dahm et al. Introduction The case of Todd E. Prater v. John Dahm; Harold W. Clarke; Aaron Hall; Bobby C. Kilgore (89 F.3d...

Establishing the Boundaries of Personal Jurisdiction Over Foreign Entities: Digi-Tel Holdings, Inc. v. Proteq Telecommunications

Date: Jul 12, 1996

Establishing the Boundaries of Personal Jurisdiction Over Foreign Entities: Digi-Tel Holdings, Inc. v. Proteq Telecommunications Introduction The case of Digi-Tel Holdings, Inc. v. Proteq...

Eighth Circuit Reverses Drug and Firearm Convictions Due to Prosecutorial Misconduct: A Landmark Ruling on Due Process

Date: Jul 11, 1996

Eighth Circuit Reverses Drug and Firearm Convictions Due to Prosecutorial Misconduct: A Landmark Ruling on Due Process Introduction In the case of United States of America v. Stephanie Cannon and...

Constitutional Limits on Privacy for Expunged Criminal Records: Eagle v. Jonesboro Police Department

Date: Jul 9, 1996

Constitutional Limits on Privacy for Expunged Criminal Records: Eagle v. Jonesboro Police Department Introduction Eagle v. Jonesboro Police Department, 88 F.3d 620 (8th Cir. 1996), presents a pivotal...

Assessment of Pretrial Confinement Conditions Under 28 U.S.C. § 1983: Ferguson v. Cape Girardeau County

Date: Jul 9, 1996

Assessment of Pretrial Confinement Conditions Under 28 U.S.C. § 1983: Ferguson v. Cape Girardeau County Comprehensive Commentary on the 1996 Eighth Circuit Decision Introduction The case of Paul...

Sentencing Error in Drug Quantity Calculation: United States v. Caldwell

Date: Jul 9, 1996

Sentencing Error in Drug Quantity Calculation: United States v. Caldwell Introduction United States of America v. Darrell B. Caldwell is a pivotal case adjudicated by the United States Court of...

Enhanced Scrutiny on Disability Claims: Johnson v. Chater Establishes Rigorous Evaluation Standards

Date: Jul 4, 1996

Enhanced Scrutiny on Disability Claims: Johnson v. Chater Establishes Rigorous Evaluation Standards Introduction Jeanette Johnson v. Shirley S. Chater, Commissioner, Social Security Administration,...

Establishing Mandatory Attorney Fee Awards under RICO: United HealthCare Corporation v. Benton

Date: Jul 3, 1996

Establishing Mandatory Attorney Fee Awards under RICO: United HealthCare Corporation v. Benton Introduction In the landmark case of United HealthCare Corporation v. Benton (88 F.3d 563, 1996), the...

Reaffirming IDEA's Standards for Free Appropriate Public Education: Independent School District No. 283 v. S.D.

Date: Jul 3, 1996

Reaffirming IDEA's Standards for Free Appropriate Public Education: Independent School District No. 283 v. S.D. Introduction The case of Independent School District No. 283 v. S.D. adjudicated by the...

IGRA's Complete Preemption of State Law in Indian Gaming: Gaming Corp. v. Dorsey Whitney

Date: Jun 28, 1996

IGRA's Complete Preemption of State Law in Indian Gaming: Gaming Corp. v. Dorsey Whitney Introduction In the landmark case of Gaming Corporation of America; Golden Nickel Casinos, Inc. v. Dorsey...

Eighth Circuit Reaffirms De Minimis Standards for Pretrial Confinement Conditions under BELL v. WOLFISH

Date: Jun 28, 1996

Eighth Circuit Reaffirms De Minimis Standards for Pretrial Confinement Conditions under BELL v. WOLFISH Introduction In the landmark case of Felix D. Smith v. Norman Copeland et al., the United...

Affirmation of Default Judgment Standards under Fed. R. Civ. P. Rule 55(b)(2): The Ackra Direct Marketing Corp. v. Fingerhut Corp. Case Analysis

Date: Jun 27, 1996

Affirmation of Default Judgment Standards under Fed. R. Civ. P. Rule 55(b)(2): The Ackra Direct Marketing Corp. v. Fingerhut Corp. Case Analysis Introduction The case of Ackra Direct Marketing Corp....