8th Circuit Case Commentaries

Harstad v. First American Bank: Affirmation of Standing and Benefit to Estate in Preference Actions

Date: Nov 10, 1994

Harstad v. First American Bank: Affirmation of Standing and Benefit to Estate in Preference Actions United States Court of Appeals, Eighth Circuit, 1994 Introduction The case of Keith T. Harstad and...

Federal Habeas Corpus Limitations on State Speedy Trial Statutes – Poe v. Caspari (8th Cir. 1994)

Date: Oct 29, 1994

Federal Habeas Corpus Limitations on State Speedy Trial Statutes – Poe v. Caspari (8th Cir. 1994) Introduction Poe v. Caspari is a significant case adjudicated by the United States Court of Appeals...

Dismissal of Chapter 7 Bankruptcy Petition for Bad Faith: IN RE Huckfeldt

Date: Oct 29, 1994

Dismissal of Chapter 7 Bankruptcy Petition for Bad Faith: IN RE Huckfeldt Introduction The case IN RE Roger Eugene Huckfeldt, Debtor examines the dismissal of a Chapter 7 bankruptcy petition on...

Substantial Evidence and Credibility Assessment in Disability Claims: Barrett v. Shalala

Date: Oct 28, 1994

Substantial Evidence and Credibility Assessment in Disability Claims: Barrett v. Shalala Introduction Barrett v. Shalala is a pivotal case decided by the United States Court of Appeals for the Eighth...

Reaffirming the Necessity of Prompt Post-Impoundment Hearings: Coleman v. Watt

Date: Oct 26, 1994

Reaffirming the Necessity of Prompt Post-Impoundment Hearings: Coleman v. Watt Introduction In Coleman v. Watt, the United States Court of Appeals for the Eighth Circuit addressed a critical issue...

8th Circuit Establishes Clear Guidelines on Constructive Discharge and Backpay Calculations under the ADEA

Date: Oct 18, 1994

8th Circuit Establishes Clear Guidelines on Constructive Discharge and Backpay Calculations under the ADEA Introduction In the landmark case of Thomas Dean Smith v. World Insurance Company, 38 F.3d...

Reinforcing Pretext Standards in Employment Discrimination: Harvey v. Anheuser-Busch, Inc.

Date: Oct 18, 1994

Reinforcing Pretext Standards in Employment Discrimination: Harvey v. Anheuser-Busch, Inc. (8th Cir. 1994) Introduction Richard Harvey v. Anheuser-Busch, Inc., 38 F.3d 968 (8th Cir. 1994), is a...

Crawford v. U.S. Postal Service: Establishing Standards for Rehabilitation Act Discrimination Claims

Date: Oct 15, 1994

Crawford v. U.S. Postal Service: Establishing Standards for Rehabilitation Act Discrimination Claims Introduction Crawford v. Marvin T. Runyon, Postmaster General, United States Postal Service, 37...

Vesting of Retiree Medical Benefits Under ERISA: Insights from SIPCO v. Jensen et al.

Date: Oct 14, 1994

Vesting of Retiree Medical Benefits Under ERISA: Insights from SIPCO v. Jensen et al. Introduction The case of FRED G. JENSEN; JAMES J. MONAHAN; RICHARD F. KRIEGLER; WALTER C. CLARK v. SIPCO, INC.;...

Affirmation of Limited Federal Habeas Review for Fourth Amendment Claims in Willett v. Lockhart

Date: Oct 13, 1994

Affirmation of Limited Federal Habeas Review for Fourth Amendment Claims in Willett v. Lockhart Introduction Benny Lee Willett v. A.L. Lockhart, Director, Arkansas Department of Correction, 37 F.3d...

Affirmation of Equal Protection Claim under § 1983: Ricketts v. City of Columbia

Date: Oct 12, 1994

Affirmation of Equal Protection Claim under § 1983: Ricketts v. City of Columbia Introduction The case of Ricketts v. City of Columbia addresses significant issues pertaining to the Equal Protection...

Equal Protection in Correctional Programs: Klinger v. Nebraska Dept. of Corrections

Date: Oct 8, 1994

Equal Protection in Correctional Programs: Klinger v. Nebraska Dept. of Corrections Introduction In the landmark case of Klinger v. Nebraska Department of Corrections, the United States Court of...

Limiting Municipal Liability under Section 1983: Insights from McGautha v. Jackson County

Date: Oct 1, 1994

Limiting Municipal Liability under Section 1983: Insights from McGautha v. Jackson County Introduction Rodney McGautha v. Jackson County, Missouri, Collections Department, Appellees (36 F.3d 53) is a...

Admissibility of Experimental Evidence and Expert Testimony in Product Liability: McKnight v. Johnson Controls, Inc.

Date: Oct 1, 1994

Admissibility of Experimental Evidence and Expert Testimony in Product Liability: McKnight v. Johnson Controls, Inc. Introduction In the case of McKnight v. Johnson Controls, Inc., the United States...

Clarification of Summary Judgment Standards in Whistleblower and Wrongful Discharge Claims: Rouse v. Farmers State Bank of Jewell

Date: Sep 30, 1994

Clarification of Summary Judgment Standards in Whistleblower and Wrongful Discharge Claims: Rouse v. Farmers State Bank of Jewell Introduction The case of Denny Franklin Rouse v. Farmers State Bank...

Non-Retroactivity of Civil Rights Act Amendments Affirmed in Harlston v. McDonnell Douglas

Date: Sep 30, 1994

Non-Retroactivity of Civil Rights Act Amendments Affirmed in Harlston v. McDonnell Douglas Introduction Valerie Harlston, a long-term employee of McDonnell Douglas Corporation, filed a lawsuit...

Eighth Circuit Refines Prima Facie Title VII Standard in Kobrin v. University of Minnesota

Date: Sep 10, 1994

Eighth Circuit Refines Prima Facie Title VII Standard in Kobrin v. University of Minnesota Introduction Nancy J. Kobrin v. University of Minnesota is a pivotal case decided by the United States Court...

Hoy Shoe Co. v. Reich: Expanding Protections Against Retaliatory Discharge under the OSH Act

Date: Aug 13, 1994

Hoy Shoe Co. v. Reich: Expanding Protections Against Retaliatory Discharge under the OSH Act Introduction The case of Robert B. Reich, U.S. Secretary of Labor v. Hoy Shoe Company, Inc. (32 F.3d 361,...

Enforceability of Extended Statute of Limitations under COGSA in Maritime Contracts: Insights from GAMMA-10 PLASTICS, INC. v. AMERICAN PRESIDENT LINES, LTD.

Date: Aug 11, 1994

Enforceability of Extended Statute of Limitations under COGSA in Maritime Contracts: Insights from GAMMA-10 PLASTICS, INC. v. AMERICAN PRESIDENT LINES, LTD. Introduction The case of GAMMA-10...

Defining the Scope of Employment for National Guard Members under the Federal Tort Claims Act: Walsh v. United States

Date: Aug 9, 1994

Defining the Scope of Employment for National Guard Members under the Federal Tort Claims Act: Walsh v. United States Introduction Anna M. Walsh, as Administrator of the Estate of Thomas J. Walsh, v....