8th Circuit Case Commentaries

Affirming Procedural Bar on Ineffective Assistance Claims in Federal Habeas Proceedings: Harrison Jolly v. James A. Gammon

Date: Jun 24, 1994

Affirming Procedural Bar on Ineffective Assistance Claims in Federal Habeas Proceedings: Harrison Jolly v. James A. Gammon Introduction Harrison Jolly v. James A. Gammon, 28 F.3d 51 (8th Cir. 1994),...

Defining Prevailing Defendants under Title VII: Insights from Marquart v. Lodge 837

Date: Jun 14, 1994

Defining Prevailing Defendants under Title VII: Insights from Marquart v. Lodge 837 1. Introduction Marquart v. Lodge 837, International Association of Machinists and Aerospace Workers is a pivotal...

Bashara v. Black Hills Corp.: Affirmation of ADEA Protections in Reduction-in-Force Scenarios

Date: Jun 10, 1994

Bashara v. Black Hills Corp.: Affirmation of ADEA Protections in Reduction-in-Force Scenarios Introduction George Bashara filed a lawsuit against Black Hills Corporation alleging wrongful termination...

Affirmation of Substantial Evidence in Disability Claims: Haynes v. Shalala

Date: Jun 9, 1994

Affirmation of Substantial Evidence in Disability Claims: Haynes v. Shalala Introduction In Samuel Haynes v. Donna E. Shalala, 26 F.3d 812 (8th Cir. 1994), the United States Court of Appeals for the...

Qualified Immunity Affirmed in Prison Misconduct Case: Ricker v. Leapley & Weber

Date: Jun 8, 1994

Qualified Immunity Affirmed in Prison Misconduct Case: Ricker v. Leapley & Weber Introduction Kevin L. Ricker, an inmate at the South Dakota State Penitentiary, filed a lawsuit against several prison...

Enhanced Standing for Assignees under ERISA: Insights from Lutheran Medical Center v. Contractors Health Plan

Date: May 26, 1994

Enhanced Standing for Assignees under ERISA: Insights from Lutheran Medical Center v. Contractors Health Plan Introduction The case of Lutheran Medical Center, of Omaha, Nebraska, d/b/a Lutheran...

Establishing Personal Jurisdiction Over Foreign Manufacturers Through Stream of Commerce: Insights from Barone v. Rich Bros. Interstate Display Fireworks Co.

Date: May 25, 1994

Establishing Personal Jurisdiction Over Foreign Manufacturers Through Stream of Commerce: Insights from Barone v. Rich Bros. Interstate Display Fireworks Co. Introduction The case of Bernard Barone...

Shaw v. United States: Narrow Interpretation of Rape-Shield Law's Injuries Exception

Date: May 17, 1994

Shaw v. United States: Narrow Interpretation of Rape-Shield Law's Injuries Exception Introduction In Shaw v. United States, 24 F.3d 1040 (8th Cir. 1994), the United States Court of Appeals for the...

Public Policy Exception Limited to At-Will Employees in Wrongful Discharge Claims: Egan v. Wells Fargo

Date: May 12, 1994

Public Policy Exception Limited to At-Will Employees in Wrongful Discharge Claims: Egan v. Wells Fargo Introduction In the case of Thomas H. Egan v. Wells Fargo Alarm Services, adjudicated by the...

Establishing Specific Jurisdiction: Insights from Bell Paper Box, Inc. v. U.S. Kids, Inc.

Date: Apr 26, 1994

Establishing Specific Jurisdiction: Insights from Bell Paper Box, Inc. v. U.S. Kids, Inc. Introduction Bell Paper Box, Inc., a South Dakota corporation, engaged in manufacturing portfolios and...

Eighth Circuit Upholds ALJ’s Use of Medical-Vocational Guidelines in Disability Determination

Date: Apr 23, 1994

Eighth Circuit Upholds ALJ’s Use of Medical-Vocational Guidelines in Disability Determination Introduction The case of Jerome F. Naber v. Donna E. Shalala, Secretary of Health and Human Services,...

Domestic Relations Exception to Federal Jurisdiction in KAHN v. KAHN

Date: Apr 22, 1994

Domestic Relations Exception to Federal Jurisdiction in KAHN v. KAHN Introduction KAHN v. KAHN, 21 F.3d 859 (8th Cir. 1994), is a pivotal case that addresses the interplay between federal...

Preponderance of Evidence Standard Applied to Criminal Forfeiture: Myers v. United States

Date: Apr 14, 1994

Preponderance of Evidence Standard Applied to Criminal Forfeiture: Myers v. United States Introduction In the landmark case of United States of America v. Eugene J.R. Myers, the United States Court...

Kramer v. Kemna: Elevated Standards for Issuance of Certificates of Probable Cause in Habeas Corpus Proceedings

Date: Apr 14, 1994

Kramer v. Kemna: Elevated Standards for Issuance of Certificates of Probable Cause in Habeas Corpus Proceedings Introduction The case of Oscar E. Kramer, Jr. v. Mike Kemna addresses crucial issues...

Qualified Immunity and Eighth Amendment Protections: Insights from White v. Holmes

Date: Apr 12, 1994

Qualified Immunity and Eighth Amendment Protections: Insights from White v. Holmes Introduction The case of Michael A. White v. Madeline Holmes; Charles Rosenkoetter (21 F.3d 277, 1994) is a pivotal...

Qualified Immunity in False Arrest: Ripson v. Alles & Klave Establishes New Precedent

Date: Apr 12, 1994

Qualified Immunity in False Arrest: Ripson v. Alles & Klave Establishes New Precedent 1. Introduction In the landmark case Michael D. Ripson v. John K. Alles, Clyde Klave, City of Winterset Police...

ERISA Jurisdiction and 'Golden Parachute' Agreements: Insights from Kulinski v. Medtronic Bio-Medicus, Inc.

Date: Apr 9, 1994

ERISA Jurisdiction and 'Golden Parachute' Agreements: Insights from Kulinski v. Medtronic Bio-Medicus, Inc. Introduction James M. Kulinski, the National Sales Manager at Bio-Medicus, Inc., entered...

Improper Consolidation Under Federal Rule of Civil Procedure 42(a): A Comprehensive Analysis of Enterprise Bank v. Landmark Bank

Date: Apr 8, 1994

Improper Consolidation Under Federal Rule of Civil Procedure 42(a): A Comprehensive Analysis of Enterprise Bank v. Landmark Bank Introduction The case of Enterprise Bank v. Landmark Bank of St....

Enforcement of EEOC Exhaustion Requirements and Limits on Amending Complaints Affirmed in Williams v. Little Rock Municipal Water Works

Date: Apr 7, 1994

Enforcement of EEOC Exhaustion Requirements and Limits on Amending Complaints Affirmed in Williams v. Little Rock Municipal Water Works Introduction In the case of Shirley A. Williams v. Little Rock...

Enhanced Procedural Due Process for Public Employees: The Winegar v. Des Moines Independent Community School District Case

Date: Apr 6, 1994

Enhanced Procedural Due Process for Public Employees: The Winegar v. Des Moines Independent Community School District Case Introduction In the landmark case of Winegar v. Des Moines Independent...