8th Circuit Case Commentaries

Deliberate Indifference and Communication in Correctional Medical Care: Camberos v. Branstad

Date: Dec 27, 1995

Deliberate Indifference and Communication in Correctional Medical Care: Camberos v. Branstad Introduction Camberos v. Branstad is a pivotal case adjudicated by the United States Court of Appeals for...

Admissibility of Prior Bad Acts under Rule 404(b) in Conspiracy to Distribute Marijuana: United States v. Shoffner

Date: Dec 22, 1995

Admissibility of Prior Bad Acts under Rule 404(b) in Conspiracy to Distribute Marijuana: United States v. Shoffner Introduction In United States v. Shoffner, 71 F.3d 1429 (8th Cir. 1995), James P....

Due Process and Punitive Damages: Pulla v. Amoco Oil Company Establishes New Precedent in Privacy Invasion Cases

Date: Dec 20, 1995

Due Process and Punitive Damages: Pulla v. Amoco Oil Company Establishes New Precedent in Privacy Invasion Cases Introduction The case of Thaddeus C. Pulla versus Amoco Oil Company (72 F.3d 648, 8th...

Egerdahl v. Hibbing Community College: Six-Year Limitations for Title VI and IX Claims Established

Date: Dec 19, 1995

Egerdahl v. Hibbing Community College: Six-Year Limitations for Title VI and IX Claims Established Introduction In the landmark case of Jane Marie Egerdahl v. Hibbing Community College et al., the...

Racial Discrimination in Employment Drug Testing: 8th Circuit Reverses Summary Judgment

Date: Dec 19, 1995

Racial Discrimination in Employment Drug Testing: 8th Circuit Reverses Summary Judgment Introduction The case of Robert Landon v. Northwest Airlines, Inc. (72 F.3d 620) presents a significant...

Affirmation of Ruiz v. Norris: Clarifying Procedures in Death Penalty Habeas Corpus Appeals

Date: Dec 12, 1995

Affirmation of Ruiz v. Norris: Clarifying Procedures in Death Penalty Habeas Corpus Appeals Introduction The case of Paul Ruiz and Earl Van Denton versus Larry Norris, Director, Arkansas Department...

Qualified Immunity Upholds Correctional Officer in Inmate Assault Case: Prosser v. Ross

Date: Dec 2, 1995

Qualified Immunity Upholds Correctional Officer in Inmate Assault Case: Prosser v. Ross Introduction The case of Christopher Lee Prosser v. Davis L. Ross, Co I (70 F.3d 1005) adjudicated by the...

Correct Application of Sentencing Guidelines for Drug Manufacturing Conspiracy: Griggs v. USA

Date: Dec 1, 1995

Correct Application of Sentencing Guidelines for Drug Manufacturing Conspiracy: Griggs v. USA Introduction UNITED STATES OF AMERICA v. STEVEN GRIGGS, 71 F.3d 276 (8th Cir. 1995), presents a pivotal...

Enhanced Employer Liability under FELA: Chicago Northwestern Transportation Co. v. Hose Establishes Crucial Precedents in Toxic Exposure Claims

Date: Nov 23, 1995

Enhanced Employer Liability under FELA: Chicago Northwestern Transportation Co. v. Hose Establishes Crucial Precedents in Toxic Exposure Claims Introduction In Chicago Northwestern Transportation...

Darden v. United States: Affirmation of RICO Convictions in a Complex Racketeering Case

Date: Nov 23, 1995

Darden v. United States: Affirmation of RICO Convictions in a Complex Racketeering Case Introduction In the landmark case of United States of America v. Carlton Darden et al., the United States Court...

Retaliatory Transfer and Discipline in Correctional Facilities: Insights from Cornell v. Woods et al.

Date: Nov 9, 1995

Retaliatory Transfer and Discipline in Correctional Facilities: Insights from Cornell v. Woods et al. Introduction Cornell v. Woods et al. is a landmark case decided by the United States Court of...

Affirmation of the Law of the Case Doctrine in Sentencing: UNITED STATES v. BARTSH

Date: Nov 7, 1995

Affirmation of the Law of the Case Doctrine in Sentencing: UNITED STATES v. BARTSH Introduction In United States v. Thomas Chisolm Bartsh, 69 F.3d 864 (8th Cir. 1995), the United States Court of...

Montgomery v. Chater: Establishing Standards for Residual Functional Capacity in Disability Claims

Date: Nov 3, 1995

Montgomery v. Chater: Establishing Standards for Residual Functional Capacity in Disability Claims Introduction In the landmark case of Bun Montgomery v. Shirley S. Chater, Commissioner of Social...

Procedural Default and Fair Presentation in Habeas Corpus: Analysis of Wyldes v. Hundley

Date: Nov 1, 1995

Procedural Default and Fair Presentation in Habeas Corpus: Analysis of Wyldes v. Hundley Introduction Wyldes v. Hundley, 69 F.3d 247 (8th Cir. 1995), is a pivotal case addressing the procedural...

Affirmation of Warrantless Evidence Seizure under the Plain-View Doctrine in United States v. Hatten

Date: Oct 20, 1995

Affirmation of Warrantless Evidence Seizure under the Plain-View Doctrine in United States v. Hatten Introduction In the landmark case of United States of America v. James L. Hatten, decided on...

A Comprehensive Analysis of In re Sherman: Fraudulent Transfers and Creditor Protection under Chapter 7 Bankruptcy

Date: Oct 7, 1995

Fraudulent Transfers and Creditor Protection under Chapter 7 Bankruptcy: Analysis of In re Sherman Introduction Case: In re Larry Wayne Sherman; Karen Lucille Sherman, Debtors. Court: United States...

Auman v. United States: Clarifying Career Offender Enhancements and Sentencing Guideline Claims under 28 U.S.C. § 2255

Date: Oct 6, 1995

Auman v. United States: Clarifying Career Offender Enhancements and Sentencing Guideline Claims under 28 U.S.C. § 2255 Introduction RICHARD FAYE AUMAN, SR., APPELLANT, v. UNITED STATES OF AMERICA,...

State Actor Liability for Constitutional Violations in Prison Settings: Seltzer-Bey v. Delo et al.

Date: Oct 3, 1995

State Actor Liability for Constitutional Violations in Prison Settings: Seltzer-Bey v. Delo et al. Introduction In the landmark case William Seltzer-Bey v. Paul Delo; Don Roper; Donna McConditchie;...

Invalidation of Alter Ego Corporate Liens in Bankruptcy: IN RE B.J. McADAMS, INC.

Date: Sep 21, 1995

Invalidation of Alter Ego Corporate Liens in Bankruptcy: IN RE B.J. McADAMS, INC. Introduction The case of IN RE B.J. McADAMS, INC., Constellation Development Corporation v. James F. Dowden,...

Attorney Fees in Divorce Proceedings Classified as Nondischargeable Maintenance Under § 523(a)(5)

Date: Sep 13, 1995

Attorney Fees in Divorce Proceedings Classified as Nondischargeable Maintenance Under § 523(a)(5) Introduction The case of In re: Keith Alan Kline, Debtor, Ronald R. Holliday, Appellant, v. Keith...