8th Circuit Case Commentaries

Affirmation of Convictions and Procedural Rulings in Conspiracy and Aggravated Robbery Case: United States v. Agofsky

Date: Apr 2, 1994

Affirmation of Convictions and Procedural Rulings in Conspiracy and Aggravated Robbery Case: United States v. Agofsky Introduction The case of United States of America v. Shannon Wayne Agofsky and...

Setco Enterprises v. Robbins: Establishing Venue and Real Party in Interest Under 28 U.S.C. §1391

Date: Mar 31, 1994

Setco Enterprises v. Robbins: Establishing Venue and Real Party in Interest Under 28 U.S.C. §1391 Introduction The case of Setco Enterprises, Corporation v. Denzil W. Robbins and Roberta A. Robbins...

Affirmation of Procedural Standards and Ineffective Assistance of Counsel in Capital Habeas Corpus: Battle v. Delo

Date: Mar 29, 1994

Affirmation of Procedural Standards and Ineffective Assistance of Counsel in Capital Habeas Corpus: Battle v. Delo Introduction In the case of Thomas Henry Battle v. Paul K. Delo, adjudicated by the...

Affirming the Right to Amend Admissions in Statute of Limitations Defenses: FDIC v. Prusia

Date: Mar 16, 1994

Affirming the Right to Amend Admissions in Statute of Limitations Defenses: FDIC v. Prusia Introduction The case of Federal Deposit Insurance Corporation v. Richard Prusia addresses critical issues...

Substantial Evidence Standard in Disability Claims: Riley v. Shalala

Date: Mar 12, 1994

Substantial Evidence Standard in Disability Claims: Riley v. Shalala Introduction Dorothy M. Riley v. Donna E. Shalala, 18 F.3d 619 (8th Cir. 1994), is a pivotal case in the realm of Social Security...

Abdullah v. Norris: Establishing Standards for Appointment of Counsel in Habeas Corpus Petitions

Date: Mar 10, 1994

Abdullah v. Norris: Establishing Standards for Appointment of Counsel in Habeas Corpus Petitions Introduction Abdullah v. Norris, 18 F.3d 571 (8th Cir. 1994), is a pivotal case that addresses the...

Enhancing ADEA Remedies: Age Discrimination Affirmed and Collateral Source Protection for Unemployment Benefits Established in Gaworski v. ITT

Date: Mar 3, 1994

Enhancing ADEA Remedies: Age Discrimination Affirmed and Collateral Source Protection for Unemployment Benefits Established in Gaworski v. ITT Introduction In the landmark case of Richard C. Gaworski...

Loving v. Department of Health and Human Services: Affirmation of Disability Benefits Denial

Date: Mar 1, 1994

Loving v. Department of Health and Human Services: Affirmation of Disability Benefits Denial Introduction In the landmark case Roy Loving v. Department of Health and Human Services, Secretary, 16...

Enhancing the 'Knock and Announce' Doctrine: Exigent Circumstances and Legal Implications in Search Warrant Executions

Date: Mar 1, 1994

Enhancing the 'Knock and Announce' Doctrine: Exigent Circumstances and Legal Implications in Search Warrant Executions Introduction The case of United States of America v. Lamont D. Kress et al. (18...

Short-Term Unsanitary Conditions and Constitutional Rights: Whitnack v. Douglas County

Date: Feb 23, 1994

Short-Term Unsanitary Conditions and Constitutional Rights: Whitnack v. Douglas County Introduction The case of Daniel Eugene Whitnack and Isidora Arellano, Jr. v. Douglas County addressed...

Extending Attorney-Client Privilege to Independent Contractors: Comprehensive Analysis of IN RE BIETER COmpany, 16 F.3d 929

Date: Feb 17, 1994

Extending Attorney-Client Privilege to Independent Contractors: Comprehensive Analysis of IN RE BIETER COmpany, 16 F.3d 929 Introduction The case of IN RE BIETER COmpany, adjudicated by the United...

Enhancing Fiduciary Accountability in ESOPs: Roth v. Sawyer-Cleator Lumber Co. Employee Stock Ownership Plan

Date: Feb 17, 1994

Enhancing Fiduciary Accountability in ESOPs: Roth v. Sawyer-Cleator Lumber Co. Employee Stock Ownership Plan Introduction Roth v. Sawyer-Cleator Lumber Co. Employee Stock Ownership Plan is a pivotal...

Affirmation of Habeas Corpus Denial in Flieger v. Delo: Upholding Standards for Ineffective Assistance of Counsel and Sufficiency of Evidence

Date: Feb 16, 1994

Affirmation of Habeas Corpus Denial in Flieger v. Delo: Upholding Standards for Ineffective Assistance of Counsel and Sufficiency of Evidence Introduction In the case of Robert Flieger v. Paul K....

Kummer Decision Reinforces Federal Entrapment Standards and Upholds Dual Sovereignty in Successive Prosecutions

Date: Feb 11, 1994

Kummer Decision Reinforces Federal Entrapment Standards and Upholds Dual Sovereignty in Successive Prosecutions Introduction In United States of America v. Terry Lee Kummer, 15 F.3d 1455 (8th Cir....

Enforcing Due Process in Parole Revocation Proceedings: The Belk v. Purkett Decision

Date: Feb 9, 1994

Enforcing Due Process in Parole Revocation Proceedings: The Belk v. Purkett Decision Introduction The case of Richard Joseph Belk v. James D. Purkett, decided by the United States Court of Appeals...

Relaxing Replacement Requirements in Prima Facie Race Discrimination Cases: Insights from Williams v. Ford Motor Company

Date: Jan 29, 1994

Relaxing Replacement Requirements in Prima Facie Race Discrimination Cases: Insights from Williams v. Ford Motor Company Introduction Williams v. Ford Motor Company, 14 F.3d 1305 (8th Cir. 1994), is...

Eighth Circuit Affirms Dismissal of Inmates' §1983 Claims on Access to Legal Resources and Retaliation

Date: Jan 29, 1994

Eighth Circuit Affirms Dismissal of Inmates' §1983 Claims on Access to Legal Resources and Retaliation Introduction The case of Samuel C. Hamm et al. v. Michael Groose et al. presented before the...

PHELPS v. U.S. Federal Government: Affirmation of Sovereign Immunity in Bivens Actions

Date: Jan 26, 1994

PHELPS v. U.S. Federal Government: Affirmation of Sovereign Immunity in Bivens Actions Introduction PHELPS v. U.S. Federal Government is a significant case decided by the United States Court of...

Municipal Liability for Employee Speech: Insights from Casey v. City of Cabool

Date: Dec 29, 1993

Municipal Liability for Employee Speech: Insights from Casey v. City of Cabool Introduction Case: John C. Casey, Appellee, v. City of Cabool, Missouri, et al. (12 F.3d 799) Court: United States Court...

Eighth Amendment Protections Against Excessive Force in Correctional Facilities: The Hickey v. Reeder Decision

Date: Dec 21, 1993

Eighth Amendment Protections Against Excessive Force in Correctional Facilities: The Hickey v. Reeder Decision Introduction J.B. Hickey v. Sgt. Reeder et al., 12 F.3d 754 (8th Cir. 1993), is a...