8th Circuit Case Commentaries

Noncompetition Agreements and Employment Contracts: Eighth Circuit Clarifies Integration Clause Scope in Core and Main, LP v. McCabe

Date: Mar 2, 2023

Noncompetition Agreements and Employment Contracts: Eighth Circuit Clarifies Integration Clause Scope in Core and Main, LP v. McCabe Introduction In Core and Main, LP Plaintiff - Appellant v. Ron...

Affirmation of Summary Judgment in Bell v. Baptist Health: Implications for Sex Discrimination and Hostile Work Environment Claims

Date: Mar 1, 2023

Affirmation of Summary Judgment in Bell v. Baptist Health: Implications for Sex Discrimination and Hostile Work Environment Claims Introduction In the case of Courtnay Bell Plaintiff - Appellant v....

Permissibility of Information and Belief Pleadings in Trade Secret Misappropriation: Ahern Rentals v. EquipmentShare

Date: Feb 8, 2023

Permissibility of Information and Belief Pleadings in Trade Secret Misappropriation: Ahern Rentals v. EquipmentShare Introduction In the landmark case of Ahern Rentals, Inc. v. EquipmentShare.com,...

FECA Does Not Preempt State Consumer Protection Investigations of PAC Fundraising Practices

Date: Feb 8, 2023

FECA Does Not Preempt State Consumer Protection Investigations of PAC Fundraising Practices Introduction The case of WinRed, Inc. v. Keith M. Ellison addresses the intersection of federal election...

Qualified Immunity Affirmed for Law Enforcement and Correctional Staff in Use of Force and Medical Neglect Cases

Date: Feb 4, 2023

Qualified Immunity Affirmed for Law Enforcement and Correctional Staff in Use of Force and Medical Neglect Cases Introduction The case of Jamie Leonard Plaintiff - Appellant v. St. Charles County...

Affirmation of Rule 410 Waiver and Evidentiary Standards in Enticement of a Minor: United States v. Hahn

Date: Jan 27, 2023

Affirmation of Rule 410 Waiver and Evidentiary Standards in Enticement of a Minor: United States v. Hahn Introduction In the landmark case United States of America v. Jeremy Spencer Hahn, adjudicated...

Strengthened Standards for Qualified Immunity in Probation-Related Searches: Dennis Ryno v. City of Waynesville

Date: Jan 27, 2023

Strengthened Standards for Qualified Immunity in Probation-Related Searches: Dennis Ryno v. City of Waynesville Introduction In the landmark case of Dennis Ryno v. City of Waynesville, decided by the...

8th Circuit Reverses Preliminary Injunction in H&R Block v. Block Inc., Emphasizing Burden of Proof for Likelihood of Confusion

Date: Jan 25, 2023

8th Circuit Reverses Preliminary Injunction in H&R Block v. Block Inc., Emphasizing Burden of Proof for Likelihood of Confusion Introduction In the landmark case H&R Block, Inc.; HRB Innovations,...

Affirmation of Qualified Immunity in Police Use of Pepper Spray During Protests: Laney v. City of St. Louis

Date: Jan 7, 2023

Affirmation of Qualified Immunity in Police Use of Pepper Spray During Protests: Laney v. City of St. Louis Introduction Derek Laney v. City of St. Louis, Missouri is a significant case adjudicated...

Eighth Circuit Affirms RFRA Protections for Religious Healthcare Providers under ACA's Section 1557, Limits Associational Standing

Date: Dec 10, 2022

Eighth Circuit Affirms RFRA Protections for Religious Healthcare Providers under ACA's Section 1557, Limits Associational Standing Introduction In the landmark case The Religious Sisters of Mercy;...

Functionality Doctrine Strengthened in Trade Dress Infringement: Pocket Plus, LLC v. Pike Brands, LLC

Date: Nov 16, 2022

Functionality Doctrine Strengthened in Trade Dress Infringement: Pocket Plus, LLC v. Pike Brands, LLC Introduction The case of Pocket Plus, LLC v. Pike Brands, LLC, decided on November 15, 2022, by...

Establishing the Persuasiveness Standard for Medical Opinions in Social Security Disability Appeals: Austin v. Kijakazi

Date: Nov 2, 2022

Establishing the Persuasiveness Standard for Medical Opinions in Social Security Disability Appeals: Austin v. Kijakazi Introduction Austin v. Kijakazi (52 F.4th 723, 2022) is a significant appellate...

Necessity of Meaningful Benchmarks in Fiduciary Duty Claims: 8th Circuit Affirms Dismissal in MidAmerican Energy Case

Date: Oct 13, 2022

Necessity of Meaningful Benchmarks in Fiduciary Duty Claims: 8th Circuit Affirms Dismissal in MidAmerican Energy Case Introduction In the case of Daniel C. Matousek, individually and on behalf of all...

Constructive Possession Standards Clarified in United States v. Spencer

Date: Oct 7, 2022

Constructive Possession Standards Clarified in United States v. Spencer Introduction United States of America Plaintiff - Appellee v. Donnie Spencer Defendant-Appellant, adjudicated by the United...

Eighth Circuit Upholds Signature Distribution Requirements for Ballot Initiatives

Date: Sep 1, 2022

Eighth Circuit Upholds Signature Distribution Requirements for Ballot Initiatives Introduction In the case of Crista Eggers; Nebraskans for Medical Marijuana v. Robert B. Evnen, the United States...

Strict Enforcement of Certificate of Merit Requirements in FTCA Claims: Meyer v. United States

Date: Aug 31, 2022

Strict Enforcement of Certificate of Merit Requirements in FTCA Claims: Meyer v. United States Introduction The case of Robert Morrow, Executor of the estate of James Meyer; Linda Meyer, Surviving...

Confirmation of LLC Citizenship Through Member Analysis and Application of the Massachusetts Rule in Premises Liability: Cleek v. Ameristar Casino Kansas City

Date: Aug 25, 2022

Confirmation of LLC Citizenship Through Member Analysis and Application of the Massachusetts Rule in Premises Liability: Cleek v. Ameristar Casino Kansas City Introduction In the case of James C....

8th Circuit Determines ACCA Predicate State Drug Offenses Must Align with Federal Definitions at Sentencing

Date: Aug 19, 2022

8th Circuit Determines ACCA Predicate State Drug Offenses Must Align with Federal Definitions at Sentencing Introduction In United States of America Plaintiff - Appellee v. Christopher Mateo Perez...

Galloway v. Kijakazi: Establishing Standards for Vocational Expert Testimony in SSDI Claims

Date: Aug 19, 2022

Galloway v. Kijakazi: Establishing Standards for Vocational Expert Testimony in SSDI Claims Introduction In the case of Melissa A. Galloway v. Kilolo Kijakazi, Acting Commissioner of Social Security...

Zazzle Inc. Personal Jurisdiction Affirmed in Trademark Infringement Case

Date: Aug 3, 2022

Zazzle Inc. Personal Jurisdiction Affirmed in Trademark Infringement Case Introduction The case of Brothers and Sisters in Christ, LLC (BASIC) v. Zazzle, Inc. centers around BASIC's allegations that...