8th Circuit Case Commentaries

Supremacy of Federal Election Law: Analysis of Webber v. Heaney

Date: Jun 18, 1993

Supremacy of Federal Election Law: Analysis of Webber v. Heaney Introduction In Webber v. Heaney, 995 F.2d 872 (8th Cir. 1993), the United States Court of Appeals for the Eighth Circuit addressed the...

Private Party Liability under 42 U.S.C. §1983 and Malicious Prosecution: Insights from Mershon v. Beasley

Date: May 27, 1993

Private Party Liability under 42 U.S.C. §1983 and Malicious Prosecution: Insights from Mershon v. Beasley Introduction In the landmark case of Clark Mershon, Gary Mershon, and Paul Mershon v. William...

Limits on First Amendment Protections for Public Employees in Public Safety Roles: Analysis of Shands v. City of Kennett

Date: May 22, 1993

Limits on First Amendment Protections for Public Employees in Public Safety Roles: Analysis of Shands v. City of Kennett Introduction In the landmark case of Shands v. City of Kennett, the United...

Cole v. Missouri State Highway Patrol: Defining Seizure and Qualified Immunity in High-Speed Pursuits

Date: May 18, 1993

Cole v. Missouri State Highway Patrol: Defining Seizure and Qualified Immunity in High-Speed Pursuits Introduction Cole v. Missouri State Highway Patrol, 993 F.2d 1328 (8th Cir. 1993), is a landmark...

Bellecourt v. United States: Affirmation of Summary Judgment on FTCA and Civil Rights Claims

Date: May 15, 1993

Bellecourt v. United States: Affirmation of Summary Judgment on FTCA and Civil Rights Claims Introduction In the seminal case of Bellecourt v. United States of America, decided on May 14, 1993, the...

Affirmation of Anticipatory Search Warrants and Particularity Requirements in Child Pornography Cases: United States v. Koelling

Date: May 8, 1993

Affirmation of Anticipatory Search Warrants and Particularity Requirements in Child Pornography Cases: United States v. Koelling Introduction The case of United States of America v. Dale A. Koelling,...

Interstate Power Co. v. Kansas City Power Light Co.: Rule 54(b) and CERCLA Liability Implications

Date: May 7, 1993

Interstate Power Co. v. Kansas City Power Light Co.: Rule 54(b) and CERCLA Liability Implications Introduction The case of Interstate Power Company (IPC) v. Kansas City Power Light Company (KCPL)...

Preservation of Setoff Rights in Chapter 12 Bankruptcy: Insights from United States v. Gerth

Date: Apr 30, 1993

Preservation of Setoff Rights in Chapter 12 Bankruptcy: Insights from United States of America v. Gerth Introduction United States of America, Acting through the Agricultural Stabilization and...

Mandatory Exhaustion of FIRREA Administrative Remedies Affirmed in Bueford v. Resolution Trust Corporation

Date: Apr 17, 1993

Mandatory Exhaustion of FIRREA Administrative Remedies Affirmed in Bueford v. Resolution Trust Corporation Introduction The case of Charlotte Bueford v. Resolution Trust Corporation, 991 F.2d 481...

Secular Oversight of Religious Employment Practices: Insights from Drevlow v. Lutheran Church

Date: Apr 16, 1993

Secular Oversight of Religious Employment Practices: Insights from Drevlow v. Lutheran Church Introduction The case of Mark Drevlow v. Lutheran Church, Missouri Synod, 991 F.2d 468 (8th Cir. 1993),...

Eighth Circuit Affirms Sovereign Immunity of Former Crown Corporations Under FSIA

Date: Apr 15, 1993

Eighth Circuit Affirms Sovereign Immunity of Former Crown Corporations Under FSIA Introduction In the landmark case of General Electric Capital Corporation; Gelco Corporation; International Couriers...

Strict Adherence to Statute of Limitations in Medical Malpractice: Humpreys v. Roche Biomedical Laboratories

Date: Apr 14, 1993

Strict Adherence to Statute of Limitations in Medical Malpractice: Humphreys v. Roche Biomedical Laboratories Introduction Humphreys v. Roche Biomedical Laboratories, Inc., et al. (990 F.2d 1078,...

Affirmation of Rule 37(b)(2)(C) Sanctions and Clarification on State Action under 42 U.S.C. §1983: Comiskey v. JFTJ Corporation

Date: Apr 7, 1993

Affirmation of Rule 37(b)(2)(C) Sanctions and Clarification on State Action under 42 U.S.C. §1983 Introduction The case of John P. Comiskey v. JFTJ Corporation d/b/a Tops Bar Grill, decided by the...

Non-Preemption of Contractual Breach Claims in Software Licensing: Computer Associates v. National Car Rental

Date: Apr 7, 1993

Non-Preemption of Contractual Breach Claims in Software Licensing: Computer Associates v. National Car Rental Introduction The case of National Car Rental System, Inc. v. Computer Associates...

Application of the First-Filed Rule in Concurrent Jurisdiction: Northwest Airlines v. American Airlines

Date: Apr 7, 1993

Application of the First-Filed Rule in Concurrent Jurisdiction: Northwest Airlines v. American Airlines Introduction The case of Northwest Airlines, Inc. v. American Airlines, Inc., adjudicated by...

Intervenor Rights in Treaty Land Rights Litigation: Mille Lacs Band v. State of Minnesota

Date: Apr 6, 1993

Intervenor Rights in Treaty Land Rights Litigation: Mille Lacs Band v. State of Minnesota Introduction The case of Mille Lacs Band of Chippewa Indians v. State of Minnesota involves intricate legal...

United States v. Barahona: Affirming Voluntary Consent and Upholding Fourth Amendment Protections in Vehicle Searches

Date: Apr 6, 1993

United States v. Barahona: Affirming Voluntary Consent and Upholding Fourth Amendment Protections in Vehicle Searches Introduction The case of United States of America v. Jose Leon Barahona, 990 F.2d...

Establishing the "Reasonable Woman" Standard in Sexual Harassment Claims: BURNS v. MCGREGOR ELECTRONIC INDUSTRIES, INC.

Date: Mar 31, 1993

Establishing the "Reasonable Woman" Standard in Sexual Harassment Claims: BURNS v. MCGREGOR ELECTRONIC INDUSTRIES, INC. Introduction BURNS v. MCGREGOR ELECTRONIC INDUSTRIES, INC. is a landmark case...

Eighth Circuit Reinforces Substantial Evidence Standard in Denial of Social Security Disability Benefits: Smith v. Shalala

Date: Mar 16, 1993

Eighth Circuit Reinforces Substantial Evidence Standard in Denial of Social Security Disability Benefits: Smith v. Shalala Introduction Smith v. Shalala is a pivotal case adjudicated by the United...

Consideration of New Evidence in Trademark Infringement Cases: Insights from Dakota Industries, Inc. v. Dakota Sportswear, Inc.

Date: Mar 13, 1993

Consideration of New Evidence in Trademark Infringement Cases: Insights from Dakota Industries, Inc. v. Dakota Sportswear, Inc. Introduction The case of Dakota Industries, Inc. v. Dakota Sportswear,...