8th Circuit Case Commentaries

Comprehensive Analysis of UNITED STATES OF AMERICA v. PAUL H. JONES and Co-Appellants: Establishing Precedents in Drug-Related Offenses and Judicial Procedures

Date: Jul 8, 1989

UNITED STATES OF AMERICA v. PAUL H. JONES and Co-Appellants: Establishing Precedents in Drug-Related Offenses and Judicial Procedures Introduction The case of United States of America v. Paul H....

Iron Moccasin v. United States: Upholding Confrontation and Batson Challenges

Date: Jun 22, 1989

Iron Moccasin v. United States: Upholding Confrontation and Batson Challenges Introduction Iron Moccasin v. United States, 878 F.2d 226 (8th Cir. 1989), is a significant appellate decision from the...

Eighth Circuit Establishes Comprehensive Evaluation of Accumulated Disabilities in Disability Benefits Claims: Thomas v. Sullivan

Date: Jun 7, 1989

Eighth Circuit Establishes Comprehensive Evaluation of Accumulated Disabilities in Disability Benefits Claims: Thomas v. Sullivan Introduction In the landmark case Lillian Thomas v. Louis W....

Denial of Leave to Amend Pleadings in 15(a) Motion: Sean Thompson-El v. Jimy Jones et al.

Date: Jun 2, 1989

Denial of Leave to Amend Pleadings in 15(a) Motion: Sean Thompson-El v. Jimmy Jones et al. Introduction Sean Thompson-El, an inmate at the Missouri Training Center for Men (MTCM) in Moberly,...

Enforcement of Arbitration Findings and Federal Preemption under §301 LMRA in Employment Contract Disputes

Date: May 27, 1989

Enforcement of Arbitration Findings and Federal Preemption under §301 LMRA in Employment Contract Disputes Introduction The case Matthew D. Vacca v. Viacom Broadcasting of Missouri, Inc. and CBS,...

Effective Assistance of Counsel in Post-Strickland Era: Insights from Sanders v. Trickey

Date: May 25, 1989

Effective Assistance of Counsel in Post-Strickland Era: Insights from Sanders v. Trickey Introduction Robert Sanders v. Myrna Trickey et al. (875 F.2d 205, 1989) is a pivotal case decided by the...

Comprehensive Commentary on Johnson-El et al. v. Schoemehl et al.

Date: May 23, 1989

Johnson-El et al. v. Schoemehl et al.: Establishing Precedents on Qualified Immunity and Detainee Rights Introduction In the landmark case of Johnson-El et al. v. Schoemehl et al., the United States...

Affirmation of Interstate Commerce Nexus Requirement in Sherman Act Claims: Huelsman v. Civic Center Corporation

Date: May 10, 1989

Affirmation of Interstate Commerce Nexus Requirement in Sherman Act Claims: Huelsman v. Civic Center Corporation Introduction The case of Huelsman and Yackey v. Civic Center Corporation and...

Limitation of Federal Floodwater Immunity and Operational Duties in Federal Tort Claims: Ritter v. Department of the Army, Corps of Engineers

Date: May 4, 1989

Limitation of Federal Floodwater Immunity and Operational Duties in Federal Tort Claims: Ritter v. Department of the Army, Corps of Engineers Introduction Ritter v. Department of the Army, Corps of...

Arrangement and Contribution: Eighth Circuit Upholds CERCLA and RCRA Liability of Pesticide Manufacturers

Date: Apr 26, 1989

Arrangement and Contribution: Eighth Circuit Upholds CERCLA and RCRA Liability of Pesticide Manufacturers Introduction The landmark case UNITED STATES OF AMERICA, AND STATE OF IOWA, EX REL., IOWA...

Constructive Possession and Sentencing Enhancements in Drug Conspiracy Cases: Analysis of United States v. Brett and Gray

Date: Apr 25, 1989

Constructive Possession and Sentencing Enhancements in Drug Conspiracy Cases: Analysis of United States v. Brett and Gray Introduction The case of United States of America v. Noel S. Brett and Hilroy...

Court of Appeals Establishes Non-Delegable Duty of Prison Officials for Adequate Medical Care

Date: Apr 11, 1989

Court of Appeals Establishes Non-Delegable Duty of Prison Officials for Adequate Medical Care Introduction The case of Howard A. Crooks v. Crispus C. Nix et al. (872 F.2d 800) adjudicated by the...

Enforceability of Choice of Law Clauses in Franchise Agreements: Insights from Modern Computer Systems v. Modern Banking Systems

Date: Mar 30, 1989

Enforceability of Choice of Law Clauses in Franchise Agreements: Insights from Modern Computer Systems v. Modern Banking Systems Introduction The case of Modern Computer Systems, Inc. v. Modern...

Clarifying Miranda Protections in Non-Custodial Interrogations: U.S. v. Jorgensen (8th Cir. 1989)

Date: Mar 22, 1989

Clarifying Miranda Protections in Non-Custodial Interrogations: U.S. v. Jorgensen (8th Cir. 1989) Introduction United States of America v. Billy Lee Jorgensen, 871 F.2d 725 (8th Cir. 1989), addresses...

Hudson v. Bowen: Reversal Highlights Strict Application of Step Two Severity Standards in Disability Claims

Date: Mar 16, 1989

Hudson v. Bowen: Reversal Highlights Strict Application of Step Two Severity Standards in Disability Claims Introduction George M. Hudson v. Otis R. Bowen, Secretary of Health and Human Services of...

Deference to Prison Authorities Strengthened: Eighth Circuit Upholds HU #5 Telephone Policy

Date: Mar 14, 1989

Deference to Prison Authorities Strengthened: Eighth Circuit Upholds HU #5 Telephone Policy Introduction In the case of Jeffrey Benzel v. Gary Grammer et al., the United States Court of Appeals for...

Establishing Forfeiture of Real Property in Drug-Related Offenses: UNITED STATES v. FREEMAN

Date: Mar 11, 1989

Establishing Forfeiture of Real Property in Drug-Related Offenses: UNITED STATES v. FREEMAN Introduction The case of United States of America v. Freeman [869 F.2d 1093, United States Court of...

Affirmation of Guilty Pleas and Sentencing in United States v. Boone and Lanham

Date: Mar 7, 1989

Affirmation of Guilty Pleas and Sentencing in United States v. Boone and Lanham Introduction The case of United States of America v. John Robert Boone and David Brook Lanham presents critical issues...

Clarifying the Relation Back Doctrine: Eighth Circuit Affirmation on Statute of Limitations in Distributorship Termination

Date: Mar 1, 1989

Clarifying the Relation Back Doctrine: Eighth Circuit Affirmation on Statute of Limitations in Distributorship Termination Introduction Morgan Distributing Company, Inc. v. Unidynamic Corporation is...

Substantial Evidence Upholds Disability Determination: Assessing Pain and Alcoholism in Social Security Claims

Date: Feb 24, 1989

Substantial Evidence Upholds Disability Determination: Assessing Pain and Alcoholism in Social Security Claims Introduction The case of Carolyn Cruse v. Otis R. Bowen, Secretary, Health and Human...