8th Circuit Case Commentaries

Probable Cause and Affidavit Accuracy: Analysis of United States v. Clapp

Date: Feb 1, 1995

Probable Cause and Affidavit Accuracy: Analysis of United States v. Clapp Introduction The case of United States of America v. Edward D. Clapp (46 F.3d 795) adjudicated by the United States Court of...

Affirmation of Deliberate Indifference to Existing Medical Needs: Weaver v. Clarke et al.

Date: Jan 31, 1995

Affirmation of Deliberate Indifference to Existing Medical Needs: Weaver v. Clarke et al. Introduction In the landmark case of Weaver v. Clarke et al., the United States Court of Appeals for the...

Eighth Circuit Affirms Statute of Repose as Substantive in Conflict of Laws: Nesladek v. Ford Motor Co.

Date: Jan 27, 1995

Eighth Circuit Affirms Statute of Repose as Substantive in Conflict of Laws: Nesladek v. Ford Motor Co. Introduction Nesladek v. Ford Motor Company is a pivotal case adjudicated by the United States...

Eighth Circuit Upholds Sidebottom's Death Sentence: Enforcing Procedural Bars and Standards for Effective Counsel in Capital Habeas Proceedings

Date: Jan 27, 1995

Eighth Circuit Upholds Sidebottom's Death Sentence: Enforcing Procedural Bars and Standards for Effective Counsel in Capital Habeas Proceedings Introduction In Robert T. Sidebottom v. Paul Delo; Jay...

Treatment Noncompliance and Discredited Pain Reports as Grounds for Denial of Disability Benefits: Roth v. Shalala

Date: Jan 24, 1995

Treatment Noncompliance and Discredited Pain Reports as Grounds for Denial of Disability Benefits: Roth v. Shalala Introduction The case of Gary W. Roth v. Donna E. Shalala, Secretary of Health and...

Establishing the Stringency of Prima Facie Cases in ADEA RIF Situations: Hardin v. Hussmann Corporation

Date: Jan 18, 1995

Establishing the Stringency of Prima Facie Cases in ADEA RIF Situations: Hardin v. Hussmann Corporation Introduction Hardin v. Hussmann Corporation, 45 F.3d 262 (8th Cir. 1995), is a pivotal case...

Class Certification in Potash Antitrust Litigation: Establishing Common Impact in Price-Fixing Cases

Date: Jan 13, 1995

Class Certification in Potash Antitrust Litigation: Establishing Common Impact in Price-Fixing Cases Introduction The case of In re POTASH ANTITRUST LITIGATION, adjudicated by the United States...

Admissibility of Motivational and Character Evidence in First-Degree Murder Trials: A Comprehensive Analysis of Anderson v. Goeke

Date: Jan 12, 1995

Admissibility of Motivational and Character Evidence in First-Degree Murder Trials: A Comprehensive Analysis of Anderson v. Goeke Introduction Anderson v. Goeke, 44 F.3d 675 (8th Cir. 1995), is a...

Expansion of §1983 Standing and Liberal Amendment Standards: Frey v. City of Herculaneum

Date: Jan 10, 1995

Expansion of §1983 Standing and Liberal Amendment Standards: Frey v. City of Herculaneum Introduction In Frey v. City of Herculaneum, the United States Court of Appeals for the Eighth Circuit...

Defining Seizure in Excessive Force Claims: Insights from Schulz v. Long et al.

Date: Jan 4, 1995

Defining Seizure in Excessive Force Claims: Insights from Schulz v. Long et al. Introduction In Steven Paul Schulz v. William Long et al., the United States Court of Appeals for the Eighth Circuit...

Defining 'Operator' Liability under CERCLA and Res Judicata in Successive EPA Actions: United States v. Gurley Refining Co.

Date: Dec 29, 1994

Defining 'Operator' Liability under CERCLA and Res Judicata in Successive EPA Actions: United States v. Gurley Refining Co. Introduction United States of America v. Gurley Refining Company, Inc., 43...

Limits on Interlocutory Appeals in §1983 Prison Litigation: Analysis of White v. Nix et al.

Date: Dec 22, 1994

Limits on Interlocutory Appeals in §1983 Prison Litigation: Analysis of White v. Nix et al. Introduction In the landmark case Sherman White v. Crispus Nix, Rob Glaser, John Emmett, James Burton, and...

Strict Compliance with Minnesota Real Estate Commission Statute Affirmed in Atkinson v. Prudential

Date: Dec 21, 1994

Strict Compliance with Minnesota Real Estate Commission Statute Affirmed in Atkinson v. Prudential Introduction In the landmark case of Robert C. Atkinson, an individual and president of Robert C....

Mootness Doctrine in Environmental Review: Neighborhood Transportation Network, Inc. v. Pena

Date: Dec 16, 1994

Mootness Doctrine in Environmental Review: Neighborhood Transportation Network, Inc. v. Pena Introduction The case of Neighborhood Transportation Network, Inc. v. Peña (42 F.3d 1169, 8th Cir. 1994)...

Affirmation of Voluntary Consent for Vehicle Search Under the Fourth Amendment in Ramos v. USA

Date: Dec 8, 1994

Affirmation of Voluntary Consent for Vehicle Search Under the Fourth Amendment in Ramos v. USA Introduction Ramos v. United States, 42 F.3d 1160 (8th Cir. 1994), is a pivotal case that scrutinizes...

Strict Exhaustion Requirements for §2241 Habeas Corpus Petitions by Federal Pretrial Detainees: Moore v. United States

Date: Dec 8, 1994

Strict Exhaustion Requirements for §2241 Habeas Corpus Petitions by Federal Pretrial Detainees: Moore v. United States Introduction Moore v. United States, 875 F. Supp. 620 (D. Neb. 1994), addresses...

Affirmation of Agency Discretion in Disability Claims: Johnston v. Shalala

Date: Dec 2, 1994

Affirmation of Agency Discretion in Disability Claims: Johnston v. Shalala Introduction In the case of Ruby N. Johnston v. Donna E. Shalala, Secretary of Health and Human Services, the United States...

Affirmation of the Totality of Circumstances Standard for Reasonable Suspicion in Traffic Stops

Date: Nov 17, 1994

Affirmation of the Totality of Circumstances Standard for Reasonable Suspicion in Traffic Stops Introduction In the landmark case United States of America v. Gregory B. Bloomfield, decided by the...

Pottgen v. Missouri State High School Activities Association: Age Eligibility and Disability Discrimination

Date: Nov 17, 1994

Pottgen v. Missouri State High School Activities Association: Age Eligibility and Disability Discrimination Introduction Edward Leo Pottgen v. The Missouri State High School Activities Association...

State Law Handicap Discrimination Claims Not Preempted by the Railway Labor Act: Eighth Circuit Upholds Norris Standard in Taggart v. TWA

Date: Nov 11, 1994

State Law Handicap Discrimination Claims Not Preempted by the Railway Labor Act: Eighth Circuit Upholds Norris Standard in Taggart v. TWA 1. Introduction The case Betty Taggart v. Trans World...