8th Circuit Case Commentaries

Substantial Evidence Standard in Social Security Disability Claims: Eighth Circuit Affirms Denial

Date: Sep 8, 1993

Substantial Evidence Standard in Social Security Disability Claims: Eighth Circuit Affirms Denial Introduction In the case of Glenn R. Woolf v. Donna E. Shalala, Secretary of Health and Human...

Admissibility of DNA Profiling Evidence: United States v. Martinez

Date: Sep 3, 1993

Admissibility of DNA Profiling Evidence: United States v. Martinez Introduction In United States v. Adrian Paul Martinez, the United States Court of Appeals for the Eighth Circuit addressed critical...

Eighth Circuit Reinforces Administrative Exhaustion in Disability Benefits Litigation

Date: Sep 2, 1993

Eighth Circuit Reinforces Administrative Exhaustion in Disability Benefits Litigation Introduction In the landmark case of Titus et al. v. Sullivan, the United States Court of Appeals for the Eighth...

Enhancing Fourth and Sixth Amendment Protections in Drug-Related Convictions: Insights from U.S. v. Horne & Franklin

Date: Sep 1, 1993

Enhancing Fourth and Sixth Amendment Protections in Drug-Related Convictions: Insights from United States of America v. Horne & Franklin Introduction The case of United States of America v. Alex...

Eighth Circuit Clarifies Constructive Discharge Standards in Sexual Harassment Cases Under Title VII

Date: Aug 25, 1993

Eighth Circuit Clarifies Constructive Discharge Standards in Sexual Harassment Cases Under Title VII Introduction Nancy J. Hukkanen v. International Union of Operating Engineers, Hoisting Portable...

Establishing Procedures for Rule 35 Psychological Examinations: Analysis of Da v. d Michael TOMLIN

Date: Aug 25, 1993

Establishing Procedures for Rule 35 Psychological Examinations: Analysis of Da v. d Michael TOMLIN Introduction The case of David Michael TOMLIN v. Frank C. HOLECEK, William B. Behrens, Donald...

Affirming Prison Disciplinary Authority: Clarity on Bartering and Jailhouse Lawyering under Due Process in Williams v. Nix, et al.

Date: Aug 11, 1993

Affirming Prison Disciplinary Authority: Clarity on Bartering and Jailhouse Lawyering under Due Process in Williams v. Nix, et al. 1. Introduction Williams v. Nix, et al., decided by the United...

Armour v. Inver Grove Heights: Establishing Limits on Temporary Takings Claims in Municipal Development Agreements

Date: Aug 7, 1993

Armour v. Inver Grove Heights: Establishing Limits on Temporary Takings Claims in Municipal Development Agreements Introduction In Armour and Company, Inc. v. Inver Grove Heights, 2 F.3d 276 (8th...

Affirmation of Strict Compliance Standards Under Federal Rule 11 in Section 2255 Motions

Date: Aug 5, 1993

Affirmation of Strict Compliance Standards Under Federal Rule 11 in Section 2255 Motions Introduction The case of Ricky Lee Rogers v. United States of America, adjudicated by the United States Court...

Oberst v. Shalala: Refinement of Substantial Evidence Standards in Disability Benefits Determinations

Date: Jul 31, 1993

Oberst v. Shalala: Refinement of Substantial Evidence Standards in Disability Benefits Determinations Introduction Oberst v. Shalala is a pivotal case adjudicated by the United States Court of...

Expanded Jurisdiction of Bankruptcy Courts: The Palmer Case

Date: Jul 30, 1993

Expanded Jurisdiction of Bankruptcy Courts: The Palmer Case Introduction The case of James Abramowitz, D.D.S. v. Toni Palmer, 999 F.2d 1274 (8th Cir. 1993), serves as a pivotal decision in the realm...

Absolute Immunity Clarified for Prosecutors, Parole Board Members, and Prison Wardens in Patterson v. Appellants

Date: Jul 24, 1993

Absolute Immunity Clarified for Prosecutors, Parole Board Members, and Prison Wardens in Patterson v. Appellants Introduction Patterson v. Appellants is a seminal case decided by the United States...

Federal Preemption of State Pipeline Safety Regulations: Kinley Corp. v. Iowa Utilities Board

Date: Jul 20, 1993

Federal Preemption of State Pipeline Safety Regulations: Kinley Corp. v. Iowa Utilities Board Introduction Kinley Corporation v. Iowa Utilities Board is a landmark case adjudicated by the United...

Reaffirming Standards for Newly Discovered Evidence and Ineffective Assistance of Counsel in 28 U.S.C. §2255 Cases: Dennis L. English v. United States

Date: Jul 14, 1993

Reaffirming Standards for Newly Discovered Evidence and Ineffective Assistance of Counsel in 28 U.S.C. §2255 Cases: Dennis L. English v. United States Introduction Dennis Laverne English v. United...

Receiver Appointment in Judgment Enforcement: Insights from Aviation Supply Corp. v. R.S.B.I. Aerospace, Inc.

Date: Jul 13, 1993

Receiver Appointment in Judgment Enforcement: Insights from Aviation Supply Corp. v. R.S.B.I. Aerospace, Inc. Introduction The case of Aviation Supply Corporation (ASC) v. R.S.B.I. Aerospace, Inc.,...

Preliminary Injunction Standards in Deceptive Advertising: Sanborn Manufacturing Co. v. Campbell Hausfeld/Scott Fetzer Co.

Date: Jul 9, 1993

Preliminary Injunction Standards in Deceptive Advertising: Sanborn Manufacturing Co. v. Campbell Hausfeld/Scott Fetzer Co. Introduction The case of Sanborn Manufacturing Company, Inc. v. Campbell...

Affirmation of Mixed-Motives Framework in Age Discrimination: Radabaugh v. Zip Feed Mills

Date: Jul 7, 1993

Affirmation of Mixed-Motives Framework in Age Discrimination: Radabaugh v. Zip Feed Mills Introduction The case of Dean Radabaugh v. Zip Feed Mills, Inc. presents a significant examination of age...

Establishing Standards for Insurer Bad Faith in Underinsured Motorist Claims: Kirchoff v. American Casualty Co.

Date: Jul 1, 1993

Establishing Standards for Insurer Bad Faith in Underinsured Motorist Claims: Kirchoff v. American Casualty Co. Introduction Kirchoff v. American Casualty Company, 997 F.2d 401 (8th Cir. 1993), is a...

Establishing Collateral Estoppel in Securities Fraud: Ossman et al. v. Diana Corporation

Date: Jun 30, 1993

Establishing Collateral Estoppel in Securities Fraud: Ossman et al. v. Diana Corporation Introduction The case of Ossman et al. v. Diana Corporation addresses significant issues in securities fraud...

Eighth Circuit Affirms No Sentence Credit under 18 U.S.C. §3568 for Foreign Incarceration: Kendrick v. Carlson

Date: Jun 19, 1993

Eighth Circuit Affirms No Sentence Credit under 18 U.S.C. §3568 for Foreign Incarceration: Kendrick v. Carlson Introduction Frank Michael Kendrick, the appellant, appealed a decision from the United...