8th Circuit Case Commentaries

Mandatory Arbitration in Brokerage Contracts: The Houlihan v. Offerman Decision

Date: Aug 5, 1994

Mandatory Arbitration in Brokerage Contracts: The Houlihan v. Offerman Decision Introduction The case of Edward Houlihan; Agnes Houlihan v. Offerman Company, Incorporated (31 F.3d 692) addressed key...

Tart v. Hill Behan Lumber Company: Affirmation on Discriminatory Discharge Claim

Date: Aug 4, 1994

Tart v. Hill Behan Lumber Company: Affirmation on Discriminatory Discharge Claim Introduction In Tart v. Hill Behan Lumber Company, the United States Court of Appeals for the Eighth Circuit addressed...

Culbertson v. Shalala: Expanding Appeals Council Authority in Disability Onset Determinations

Date: Aug 2, 1994

Culbertson v. Shalala: Expanding Appeals Council Authority in Disability Onset Determinations Introduction Max Culbertson appealed the decision of the United States Court of Appeals for the Eighth...

Extraterritorial Arrest Authority and Excessive Force: Abbott v. City of Crocker

Date: Jul 28, 1994

Extraterritorial Arrest Authority and Excessive Force: Abbott v. City of Crocker Introduction Richard Eugene Abbott brought forth a legal challenge against the City of Crocker, Missouri, and Officer...

Eighth Amendment Protections and Supplemental Jurisdiction: An Analysis of McLaurin v. Prater

Date: Jul 26, 1994

Eighth Amendment Protections and Supplemental Jurisdiction: An Analysis of McLaurin v. Prater Introduction In the landmark case of Michael McLaurin v. F.C. Prater, the United States Court of Appeals...

Establishing Residual Functional Capacity Standards in Disability Claims: Hajek v. Shalala

Date: Jul 21, 1994

Establishing Residual Functional Capacity Standards in Disability Claims: Hajek v. Shalala Introduction Hajek v. Shalala is a pivotal case adjudicated by the United States Court of Appeals for the...

Warren v. Shalala: Strengthening the Presumption of Disability in Social Security Claims

Date: Jul 20, 1994

Warren v. Shalala: Strengthening the Presumption of Disability in Social Security Claims 1. Introduction Warren v. Shalala, 29 F.3d 1287 (8th Cir. 1994), is a pivotal case in the realm of Social...

Qualified Immunity and Substantive Due Process in Bivens Actions: Henderson v. BAIRD

Date: Jul 15, 1994

Qualified Immunity and Substantive Due Process in Bivens Actions: Henderson v. BAIRD Introduction In the landmark case Andre T. Henderson v. BAIRD et al., decided by the United States Court of...

Emphasis on Treating Physician's Expertise in SSDI Disability Determinations: Hinchey v. Shalala

Date: Jul 13, 1994

Emphasis on Treating Physician's Expertise in SSDI Disability Determinations: Hinchey v. Shalala Introduction Billie Hinchey appealed the denial of her application for Social Security Disability...

Pioneer Hi-Bred International v. Holden Foundation Seeds: Establishing Precedents in Trade Secret Misappropriation in Agricultural Biotechnology

Date: Jul 13, 1994

Pioneer Hi-Bred International v. Holden Foundation Seeds: Establishing Precedents in Trade Secret Misappropriation in Agricultural Biotechnology Introduction The case of Pioneer Hi-Bred...

Trademark Incontestability and Corporate Veil Piercing: Insights from DAKOTA INDUSTRIES, INC. v. EVER BEST LTD.

Date: Jul 9, 1994

Trademark Incontestability and Corporate Veil Piercing: Insights from DAKOTA INDUSTRIES, INC. v. EVER BEST LTD. Introduction DAKOTA INDUSTRIES, INC. v. EVER BEST LTD. is a pivotal case adjudicated by...

Eighth Circuit Affirms Summary Judgment in Title VII Race Discrimination Case

Date: Jul 8, 1994

Eighth Circuit Affirms Summary Judgment in Title VII Race Discrimination Case Introduction The case of David Davenport v. Riverview Gardens School District addresses significant issues under Title...

Cancellation of Aromatique's Trade Dress under Section 43(a): Eighth Circuit Establishes Clear Standards for Distinctiveness and Functionality in Trademark Law

Date: Jul 7, 1994

Cancellation of Aromatique's Trade Dress under Section 43(a): Eighth Circuit Establishes Clear Standards for Distinctiveness and Functionality in Trademark Law Introduction The case Aromatique, Inc....

Substantial Evidence Upholds Denial of Disability Benefits in Clark v. Shalala

Date: Jul 6, 1994

Substantial Evidence Upholds Denial of Disability Benefits in Clark v. Shalala Introduction In the landmark case of Techler M. Clark v. Donna E. Shalala, Secretary, Department of Health Human...

Qualified Immunity and Gender Discrimination: Insights from GREINER v. CITY OF CHAMPLIN

Date: Jul 6, 1994

Qualified Immunity and Gender Discrimination: Insights from GREINER v. CITY OF CHAMPLIN Introduction GREINER v. CITY OF CHAMPLIN is a significant case adjudicated by the United States Court of...

Reversal of Civil Rights Verdict in Jessie Tilson v. Forrest City Police Department Establishes Strict Liability Standards

Date: Jul 6, 1994

Reversal of Civil Rights Verdict in Jessie Tilson v. Forrest City Police Department Establishes Strict Liability Standards Introduction The case of Jessie Tilson v. Forrest City Police Department;...

Munz v. Michael: Establishing Clear Standards for Eighth Amendment Protections Against Excessive Force by Law Enforcement

Date: Jul 2, 1994

Munz v. Michael: Establishing Clear Standards for Eighth Amendment Protections Against Excessive Force by Law Enforcement Introduction In the landmark case Thomas A. Munz v. Tobin Michael and Kirk...

Reaffirming Tribal Sovereignty: Eighth Circuit Sets Precedent on Tribal Regulatory Authority over Electric Services

Date: Jul 2, 1994

Reaffirming Tribal Sovereignty: Eighth Circuit Sets Precedent on Tribal Regulatory Authority over Electric Services Introduction The consolidated cases of BAKER ELECTRIC COOPERATIVE, INC. v. JOSEPH...

Ambiguity in Settlement Releases and Its Impact on Subsequent Claims: Allison v. Flexway Trucking, Inc.

Date: Jun 29, 1994

Ambiguity in Settlement Releases and Its Impact on Subsequent Claims: Allison v. Flexway Trucking, Inc. Introduction Allison v. Flexway Trucking, Inc. is a pivotal case adjudicated by the United...

Stacks v. Southwestern Bell Yellow Pages: Reinforcing Title VII's Mixed-Motives Analysis

Date: Jun 25, 1994

Stacks v. Southwestern Bell Yellow Pages: Reinforcing Title VII's Mixed-Motives Analysis Introduction STACKS v. SOUTHWESTERN BELL YELLOW PAGES, INC., 27 F.3d 1316 (8th Cir. 1994), is a pivotal case...