8th Circuit Case Commentaries

Affirmation of Federal Officer Status for Tribal Deputies under 18 U.S.C. § 111

Date: Dec 18, 1993

Affirmation of Federal Officer Status for Tribal Deputies under 18 U.S.C. § 111 Introduction In the landmark case of United States of America v. Delano Romanus Oakie, adjudicated by the United States...

Enhanced Liability and Sentencing in Drug Conspiracy Cases: Analyzing United States v. Wessels

Date: Dec 17, 1993

Enhanced Liability and Sentencing in Drug Conspiracy Cases: Analyzing United States v. Wessels Introduction The case of United States of America v. Arthur James Wessels, decided by the United States...

Ensuring Proper Personal Jurisdiction Over Successor Corporations: Insights from Printed Media Services, Inc. v. Solna Web, Inc.

Date: Dec 16, 1993

Ensuring Proper Personal Jurisdiction Over Successor Corporations: Insights from Printed Media Services, Inc. v. Solna Web, Inc. Introduction The appellate decision in Printed Media Services, Inc. v....

Adherence to Administrative Procedures in Imposing Sanctions: Insights from Dale v. USDA

Date: Dec 15, 1993

Adherence to Administrative Procedures in Imposing Sanctions: Insights from Dale v. USDA Introduction The case of Dale and Selby Superette Deli, Bassam Hasan, Hyatt Taweelah, and Adel Taweelah v....

Admissibility of Expert Testimony in Child Sexual Abuse Cases: United States v. Whitted

Date: Dec 11, 1993

Admissibility of Expert Testimony in Child Sexual Abuse Cases: United States v. Whitted Introduction The case of United States of America v. James T. Whitted addresses critical issues surrounding the...

Affirmation of Probable Cause and Reasonable Warrant Execution Delay in Drug Distribution Case

Date: Dec 7, 1993

Affirmation of Probable Cause and Reasonable Warrant Execution Delay in Drug Distribution Case Introduction In the landmark case of United States of America v. Keith Williams, 10 F.3d 590 (E.D. Mo....

Interpretation of "Fellow Employee" Exclusion and Hearsay Exceptions in Insurance Coverage: Firemen's Fund v. Benedict

Date: Nov 9, 1993

Interpretation of "Fellow Employee" Exclusion and Hearsay Exceptions in Insurance Coverage: Firemen's Fund v. Benedict Introduction The judicial landscape of insurance coverage often grapples with...

Objective Industry Standards Affirmed for 'Ordinary Business Terms' Exception under §547(c)(2)(C) – Jones v. United Savings and Loan Association

Date: Nov 5, 1993

Objective Industry Standards Affirmed for 'Ordinary Business Terms' Exception under §547(c)(2)(C) Introduction In the landmark case In re U.S.A. Inns of Eureka Springs, Arkansas, Inc., Debtor. Claude...

Eighth Circuit Clarifies 'Deliberate Indifference' Standard in §1983 Eighth Amendment Claims – Choate v. Arkansas Department of Correction

Date: Oct 27, 1993

Eighth Circuit Clarifies 'Deliberate Indifference' Standard in §1983 Eighth Amendment Claims – Choate v. Arkansas Department of Correction Introduction Freddy Wayne Choate v. Arkansas Department of...

Jurisdictional Limits in Sentencing Appeals: United States v. Auman

Date: Oct 26, 1993

Jurisdictional Limits in Sentencing Appeals: United States v. Auman Introduction United States of America v. Richard Faye Auman, Sr., (8 F.3d 1268) is a pivotal case adjudicated by the United States...

Qualified Immunity in §1983 Claims: Insights from Reed v. Woodruff County

Date: Oct 22, 1993

Qualified Immunity in §1983 Claims: Insights from Reed v. Woodruff County Introduction The case of Bill Reed, Individually and as Brother of Howard Reed, Deceased; J.E. Reed, Individually and as...

Eighth Circuit Clarifies 'But For' Standard in Retaliatory Transfer Claims in Goff v. Burton

Date: Oct 14, 1993

Eighth Circuit Clarifies 'But For' Standard in Retaliatory Transfer Claims in Goff v. Burton Introduction In the landmark case of Goff v. Burton, decided on October 13, 1993, by the United States...

Affirmation of DeShaney: Limited §1983 Liability for Public Schools in Protecting Students from Private Harm

Date: Oct 14, 1993

Affirmation of DeShaney: Limited §1983 Liability for Public Schools in Protecting Students from Private Harm Introduction In Dorothy J. v. Little Rock School District, the United States Court of...

Artificial Impairment in Chapter 11 Reorganization: In Re Windsor on the River Associates, Ltd.

Date: Oct 9, 1993

Artificial Impairment in Chapter 11 Reorganization: In Re Windsor on the River Associates, Ltd. Introduction In Re Windsor on the River Associates, Ltd. is a pivotal case decided by the United States...

Immunity Protections for Prosecutors in Unlawful Arrest Claims: Kohl v. Casson

Date: Sep 29, 1993

Immunity Protections for Prosecutors in Unlawful Arrest Claims: Kohl v. Casson Introduction Kohl v. Casson, 5 F.3d 1141 (8th Cir. 1993), addresses critical issues surrounding the immunity of...

Symbiosis Test for State Action and Qualified Immunity in §1983 Claims: Insights from Griffin-El v. MCI Telecommunications Corp.

Date: Sep 28, 1993

Symbiosis Test for State Action and Qualified Immunity in §1983 Claims: Insights from Griffin-El v. MCI Telecommunications Corp. Introduction In the landmark case of Griffin-El v. MCI...

Establishing Limits on Section 1983 Claims: Hughes Anderson Bagley, Jr. v. Russell Rogerson and Patsy Bozarth

Date: Sep 21, 1993

Establishing Limits on Section 1983 Claims: Hughes Anderson Bagley, Jr. v. Russell Rogerson and Patsy Bozarth Introduction The case of Hughes Anderson Bagley, Jr. v. Russell Rogerson and Patsy...

Applying Equitable Discretion: Eighth Circuit Upholds Denial of Reinstatement and Limits on Punitive Damages in Standley et al. v. Chilhowee R-IV School District

Date: Sep 18, 1993

Applying Equitable Discretion: Eighth Circuit Upholds Denial of Reinstatement and Limits on Punitive Damages in Standley et al. v. Chilhowee R-IV School District Introduction Standley et al. v....

Declaratory Judgment Requires Immediate Controversy: Insights from MEMCO v. Pacific Employers Insurance Company

Date: Sep 11, 1993

Declaratory Judgment Requires Immediate Controversy: Insights from MEMCO v. Pacific Employers Insurance Company Introduction The case of Marine Equipment Management Company (MEMCO) and Joseph D....

Enforcement of Equal Access Provision under Medicaid: Arkansas Department of Human Services Violates 42 U.S.C. § 1396a(a)(30)(A)

Date: Sep 11, 1993

Enforcement of Equal Access Provision under Medicaid: Arkansas Department of Human Services Violates 42 U.S.C. § 1396a(a)(30)(A) Introduction The landmark case of Arkansas Medical Society, Inc. et...