8th Circuit Case Commentaries

Eighth Circuit Expands Attorney Fee Recovery in Class Actions: Emphasizing the Percentage of Benefit Approach

Date: May 10, 1996

Eighth Circuit Expands Attorney Fee Recovery in Class Actions: Emphasizing the Percentage of Benefit Approach Introduction The case of Thomas J. Johnston; Therese A. Johnston, and All Others...

HECK v. HUMPHREY Applied to Prisoners' §1983 Claims: Insights from Sheldon v. Hundley et al.

Date: May 8, 1996

HECK v. HUMPHREY Applied to Prisoners' §1983 Claims: Insights from Sheldon v. Hundley et al. Introduction Sheldon v. Hundley et al., 83 F.3d 231 (8th Cir. 1996), addresses the limitations imposed on...

Reasonable Belief Justifies Police Entry and Evidence Seizure in Residence

Date: May 7, 1996

Reasonable Belief Justifies Police Entry and Evidence Seizure in Residence Introduction The case of United States of America v. Northern District of Iowa, Larry Risse revolves around the critical...

Reynolds v. Chater: Establishing Credibility Standards in Disability Claims

Date: Apr 30, 1996

Reynolds v. Chater: Establishing Credibility Standards in Disability Claims Introduction In Reynolds v. Chater, 82 F.3d 254 (8th Cir. 1996), the United States Court of Appeals for the Eighth Circuit...

Assessing Alcohol-Related Mental Impairments in Social Security Disability Claims: A Comprehensive Analysis of Mapes v. Chater

Date: Apr 30, 1996

Assessing Alcohol-Related Mental Impairments in Social Security Disability Claims: A Comprehensive Analysis of Mapes v. Chater 1. Introduction Frank O. Mapes v. Shirley S. Chater is a pivotal case...

Consensual Encounters and Voluntary Consent in Vehicle Searches: United States v. White

Date: Apr 19, 1996

Consensual Encounters and Voluntary Consent in Vehicle Searches: United States v. White Introduction United States of America v. Christopher G. White, 81 F.3d 775 (8th Cir. 1996), is a pivotal case...

Balancing Prejudicial Evidence and Due Process in Capital Cases: Wainwright v. Lockhart

Date: Apr 9, 1996

Balancing Prejudicial Evidence and Due Process in Capital Cases: Wainwright v. Lockhart Introduction Wainwright v. Lockhart is a pivotal case decided by the United States Court of Appeals for the...

No Implied Contract for Third-Party Beneficiary Claims Against Religious Society – Phillips v. Marist Society

Date: Apr 5, 1996

No Implied Contract for Third-Party Beneficiary Claims Against Religious Society – Phillips v. Marist Society Introduction In the landmark case of KIMBERLY PHILLIPS, APPELLANT, v. THE MARIST SOCIETY...

Balancing Equal Protection and Prison Security: Eighth Circuit Validates Administrative Segregation Practices in Hosna v. Groose

Date: Apr 5, 1996

Balancing Equal Protection and Prison Security: Eighth Circuit Validates Administrative Segregation Practices in Hosna v. Groose Introduction Hosna v. Groose, 80 F.3d 298 (8th Cir. 1996), is a...

Affirmation of Qualified Immunity in Section 1983 Action: Habiger v. City of Fargo

Date: Apr 5, 1996

Affirmation of Qualified Immunity in Section 1983 Action: Habiger v. City of Fargo Introduction Habiger v. City of Fargo, 80 F.3d 289 (8th Cir. 1996), is a pivotal case where the United States Court...

Correcting District Court Errors in Case Dismissal: Norman v. Arkansas Department of Education

Date: Apr 4, 1996

Correcting District Court Errors in Case Dismissal: Norman v. Arkansas Department of Education Introduction In the landmark case Shirley Norman v. Arkansas Department of Education, decided by the...

Federal Preemption and Administrative Exhaustion in Railroad Certification Disputes: Peters v. Union Pacific Railroad Co.

Date: Apr 2, 1996

Federal Preemption and Administrative Exhaustion in Railroad Certification Disputes: Peters v. Union Pacific Railroad Co. Introduction Peters v. Union Pacific Railroad Company, decided by the United...

Enhancing Habeas Corpus Protections: The Toney v. Gammon & Nixon Decision

Date: Mar 30, 1996

Enhancing Habeas Corpus Protections: The Toney v. Gammon & Nixon Decision Introduction The case of Steven L. Toney v. James A. Gammon; Jeremiah (Jay) W. Nixon (79 F.3d 693), adjudicated by the United...

Imposition of Penalties for Sham Transactions: Analysis of Chakales v. Commissioner

Date: Mar 28, 1996

Imposition of Penalties for Sham Transactions: Analysis of Chakales v. Commissioner Introduction In Chakales v. Commissioner, 79 F.3d 726 (8th Cir. 1996), the United States Court of Appeals for the...

Due Process and Equal Protection in Academic Tenure Decisions: Insights from Batra v. Board of Regents

Date: Mar 27, 1996

Due Process and Equal Protection in Academic Tenure Decisions: Insights from Batra v. Board of Regents Introduction The case Guatam Batra; Michael Resch; Nisar Shaikh v. Board of Regents of the...

Affirmation of Denial of §2255 Motion: Ineffective Assistance of Counsel Not Established in Garrett v. United States

Date: Mar 13, 1996

Affirmation of Denial of §2255 Motion: Ineffective Assistance of Counsel Not Established in Garrett v. United States Introduction In the case of Michael A. Garrett v. United States of America, 78...

Issue Preclusion in Section 1983 Claims: Simmons v. O'Brien et al.

Date: Mar 5, 1996

Issue Preclusion in Section 1983 Claims: Simmons v. O'Brien et al. Introduction Simmons v. O'Brien et al., 77 F.3d 1093 (8th Cir. 1996), is a pivotal case in the realm of civil rights litigation...

Reaffirmation of the Strickland Standard in Ineffective Assistance of Counsel Claims: Payne v. United States

Date: Mar 5, 1996

Reaffirmation of the Strickland Standard in Ineffective Assistance of Counsel Claims: Payne v. United States Introduction John Alvin Payne appealed his conviction under the Continuing Criminal...

Enforcing Removal Jurisdiction: Federal Courts' Authority to Enjoin State Proceedings under the Anti-Injunction Act

Date: Feb 28, 1996

Enforcing Removal Jurisdiction: Federal Courts' Authority to Enjoin State Proceedings under the Anti-Injunction Act Introduction The case of Kansas Public Employees Retirement System v. Reimer Koger...

Preemption of State Regulation by ERISA: Fuller v. Ulland

Date: Feb 22, 1996

Preemption of State Regulation by ERISA: Fuller v. Ulland Introduction In the landmark case of Ross Fuller, as Trustee of the International Association of Entrepreneurs of America Benefit Trust v....