8th Circuit Case Commentaries

Reaffirming the Standards for Rule 11 Violations and Ineffective Assistance Claims in 28 U.S.C. §2255 Proceedings

Date: Mar 14, 1992

Reaffirming the Standards for Rule 11 Violations and Ineffective Assistance Claims in 28 U.S.C. §2255 Proceedings Introduction The case of Bruce E. Holloway v. United States of America, 960 F.2d 1348...

Exhaustion of Administrative Remedies in Medicare Exclusion: Anderson v. Sullivan

Date: Mar 14, 1992

Exhaustion of Administrative Remedies in Medicare Exclusion: Anderson v. Sullivan Introduction Anderson v. Sullivan, 959 F.2d 690 (8th Cir. 1992), is a pivotal case that addresses the procedural...

Substantial Evidence Standard Affirmed in Disability Benefits Denial: Browning v. Sullivan

Date: Mar 11, 1992

Substantial Evidence Standard Affirmed in Disability Benefits Denial: Browning v. Sullivan Introduction Viola Browning, the appellant, filed a lawsuit against Louis W. Sullivan, M.D., the Secretary...

Conversion of Rule 12(b)(6) Motions to Summary Judgment: Insights from Gibb v. Scott

Date: Mar 7, 1992

Conversion of Rule 12(b)(6) Motions to Summary Judgment: Insights from Gibb v. Scott Introduction The case of Keith Gibb v. John Scott, Appellee, decided by the United States Court of Appeals for the...

Disabling Alcohol Dependency and Loss of Self-Control: Thompson v. Sullivan

Date: Feb 28, 1992

Disabling Alcohol Dependency and Loss of Self-Control: Thompson v. Sullivan Introduction Edward Thompson, a 51-year-old with a history of chronic alcoholism, appealed the denial of his application...

Defining 'Confrontational Situation' Under ERISA: Analysis of Drexel Finley v. SAMBA

Date: Feb 28, 1992

Defining 'Confrontational Situation' Under ERISA: Analysis of Drexel Finley v. SAMBA Introduction The case of Drexel Finley and Grace Finley, Appellees, v. Special Agents Mutual Benefit Association,...

Comprehensive Commentary on Nola P. Richmond v. Board of Regents of the University of Minnesota

Date: Feb 26, 1992

Affirmation of Summary Judgment in Nola P. Richmond v. Board of Regents of the University of Minnesota (1992) Introduction The case of Nola P. Richmond v. Board of Regents of the University of...

Stewart v. Secretary of Health and Human Services: A Landmark in Social Security Disability Jurisprudence

Date: Feb 25, 1992

Stewart v. Secretary of Health and Human Services: A Landmark in Social Security Disability Jurisprudence Introduction The case of James S. Stewart v. Secretary of Health and Human Services, decided...

Limits of Personal Jurisdiction Over Foreign Corporations: Insights from Gould v. Krakatau Steel

Date: Feb 25, 1992

Limits of Personal Jurisdiction Over Foreign Corporations: Insights from Gould v. Krakatau Steel Introduction Gould v. P.T. Krakatau Steel, 957 F.2d 573 (8th Cir. 1992), is a seminal case that...

Proper Evaluation of Mental Impairments in Social Security Disability Claims: Insights from Pratt v. Sullivan

Date: Feb 13, 1992

Proper Evaluation of Mental Impairments in Social Security Disability Claims: Insights from Pratt v. Sullivan Introduction Gerald R. Pratt v. Louis W. Sullivan, M.D. is a pivotal case adjudicated by...

Substantial Evidence Standard in Disability Claims: Robinson v. Sullivan

Date: Feb 13, 1992

Substantial Evidence Standard in Disability Claims: Robinson v. Sullivan Introduction CORKIE R. ROBINSON, APPELLANT, v. LOUIS W. SULLIVAN, SECRETARY OF HEALTH AND HUMAN SERVICES, APPELLEE. (956 F.2d...

Materiality of Asset Disclosure in Bankruptcy: Mertz v. Rott Establishes Clear Precedent

Date: Feb 1, 1992

Materiality of Asset Disclosure in Bankruptcy: Mertz v. Rott Establishes Clear Precedent Introduction The case of Mervyn M. Mertz v. Joann Rott, Julie Rott Kessel, National Farmers Union Property and...

Comprehensive Analysis of Hostile Work Environment Claims under Title VII: Burns v. McGregor Electronic Industries

Date: Jan 31, 1992

Comprehensive Analysis of Hostile Work Environment Claims under Title VII: Burns v. McGregor Electronic Industries Introduction The case of Lisa Ann Burns v. McGregor Electronic Industries, Inc. (955...

Baker v. Secretary of Health and Human Services: Affirming Residual Functional Capacity in SSI Denial

Date: Jan 30, 1992

Baker v. Secretary of Health and Human Services: Affirming Residual Functional Capacity in SSI Denial Introduction Connie L. Baker v. Secretary of Health and Human Services is a pivotal case...

Affirmation of Miranda Compliance in Caldwell v. United States

Date: Jan 17, 1992

Affirmation of Miranda Compliance in Caldwell v. United States Introduction Caldwell v. United States, 954 F.2d 496 (8th Cir. 1992), presents a pivotal examination of the adequacy of Miranda warnings...

Affirmation of the Filed Rate Doctrine in RICO Claims: H.J. INC. v. NORTHWESTERN BELL TELEPHONE COmpany

Date: Jan 16, 1992

Affirmation of the Filed Rate Doctrine in RICO Claims: H.J. INC. v. NORTHWESTERN BELL TELEPHONE COmpany Introduction The case of H.J. INC. v. NORTHWESTERN BELL TELEPHONE COmpany represents a pivotal...

Establishing Standards for "Harboring or Concealing" Under 18 U.S.C. § 1071: Analysis of United States v. Erdman

Date: Jan 9, 1992

Establishing Standards for "Harboring or Concealing" Under 18 U.S.C. § 1071: Analysis of United States v. Erdman Introduction United States of America v. Ronald R. Erdman, 953 F.2d 387 (8th Cir....

Affirming Summary Judgment in Discrimination Claims: Hartnagel v. Werenicz

Date: Jan 9, 1992

Affirming Summary Judgment in Discrimination Claims: Hartnagel v. Werenicz Introduction The case of Hartnagel et al. v. Werenicz et al. (953 F.2d 394) adjudicated by the United States Court of...

Substantial Evidence Standard Affirmed in SSI Benefits Denial: Murphy v. Sullivan

Date: Jan 8, 1992

Substantial Evidence Standard Affirmed in SSI Benefits Denial: Murphy v. Sullivan Introduction The case of Annie Murphy v. Louis W. Sullivan, Secretary of Health and Human Services, reported in 953...

Termination at Will Upheld Under U.C.C. Article 9 in Mirax Chemical v. First Interstate

Date: Dec 7, 1991

Termination at Will Upheld Under U.C.C. Article 9 in Mirax Chemical v. First Interstate Introduction The case of Mirax Chemical Products Corp.; Oliver C. Clerc, Jr., Appellants, v. First Interstate...