8th Circuit Case Commentaries

Enhancing Consideration of Mental Disorders in Disability Claims: Easter v. Bowen

Date: Feb 15, 1989

Enhancing Consideration of Mental Disorders in Disability Claims: Easter v. Bowen Introduction Kathleen F. Easter v. Otis R. Bowen, M.D., Secretary of Health and Human Services is a pivotal case...

Substantial Abuse and Future Income: Eighth Circuit Upholds Chapter 7 Dismissal in In re Walton

Date: Jan 20, 1989

Substantial Abuse and Future Income: Eighth Circuit Upholds Chapter 7 Dismissal in In re Walton Introduction In the case of In re Ronald Carlester Walton, Appellant, the United States Court of...

Eighth Amendment Standards for Prison Conditions: TYLER v. BLACK

Date: Jan 13, 1989

Eighth Amendment Standards for Prison Conditions: TYLER v. BLACK Introduction TYLER v. BLACK, 865 F.2d 181 (8th Cir. 1989), is a pivotal case addressing the constitutionality of certain prison...

Objective Probable Cause Standard Affirmed in Warren v. City of Lincoln

Date: Jan 5, 1989

Objective Probable Cause Standard Affirmed in Warren v. City of Lincoln Introduction Warren v. City of Lincoln, 864 F.2d 1436 (8th Cir. 1989), is a pivotal case adjudicated by the United States Court...

Establishing the Continuation of Physician-Patient Relationship in Professional Negligence Claims

Date: Jan 4, 1989

Establishing the Continuation of Physician-Patient Relationship in Professional Negligence Claims Introduction In the landmark case of VERA (HAM) ROBINSON, APPELLANT, v. JAMES MONAGHAN, M.D.,...

Affirmation of Disparate Treatment Under McDonnell Douglas Standard: Tart v. Levi Strauss and Company

Date: Dec 30, 1988

Affirmation of Disparate Treatment Under McDonnell Douglas Standard: Tart v. Levi Strauss and Company Introduction Mabel Tart, a black employee, filed a discrimination lawsuit against Levi Strauss...

Reaffirmation of Strickland Standards for Ineffective Assistance Claims in Capital Cases: Laws v. Armontroout

Date: Dec 21, 1988

Reaffirmation of Strickland Standards for Ineffective Assistance Claims in Capital Cases: Laws v. Armontroout Introduction The case of Leonard Marvin Laws, Appellee, v. Bill Armontroout, Appellant...

Establishing Acceptance Rule Exceptions in Construction Negligence Claims: Counts v. MK-Ferguson Co.

Date: Dec 16, 1988

Establishing Acceptance Rule Exceptions in Construction Negligence Claims: Counts v. MK-Ferguson Co. Introduction Counts v. MK-Ferguson Company is a pivotal case decided by the United States Court of...

Enhancing EAJA Fee Recovery: Inclusion of Preparation Time and Comprehensive Expense Coverage - Kelly v. Bowen

Date: Dec 15, 1988

Enhancing EAJA Fee Recovery: Inclusion of Preparation Time and Comprehensive Expense Coverage - Kelly v. Bowen Introduction Theodore Kelly and Vernon Payton appealed their cases against Otis R....

Admissibility of Toxicology Experts in Causation Claims: Loudermill v. Dow Chemical Co. Sets New Precedent

Date: Dec 10, 1988

Admissibility of Toxicology Experts in Causation Claims: Loudermill v. Dow Chemical Co. Sets New Precedent Introduction Loudermill v. Dow Chemical Co. is a seminal case adjudicated by the United...

Rautio v. Bowen: Reinforcing Standards for Evaluating Subjective Pain in Social Security Disability Claims

Date: Dec 1, 1988

Rautio v. Bowen: Reinforcing Standards for Evaluating Subjective Pain in Social Security Disability Claims Introduction Rautio v. Bowen, 862 F.2d 176 (8th Cir. 1988), is a pivotal case adjudicated by...

Strict Adherence to Federal Appellate Procedures: Lessons from SANDERS v. CLEMCO INDUSTRIES

Date: Dec 1, 1988

Strict Adherence to Federal Appellate Procedures: Lessons from SANDERS v. CLEMCO INDUSTRIES Introduction The case of Terry Wayne SANDERS v. CLEMCO INDUSTRIES and Ingersoll-Rand Company, 862 F.2d 161...

Significant Number of Available Workplaces: Insights from Jenkins v. Bowen

Date: Nov 24, 1988

Significant Number of Available Workplaces: Insights from Jenkins v. Bowen Introduction Louvenia Jenkins, a 56-year-old former security guard, appealed the denial of her disability benefits under 42...

Procedural Defaults in Federal Habeas Corpus: Insights from Gilmore v. Armontrout

Date: Nov 11, 1988

Procedural Defaults in Federal Habeas Corpus: Insights from Gilmore v. Armontrout Introduction Gilmore v. Armontrout, 861 F.2d 1061 (8th Cir. 1988), presents a pivotal case in the realm of federal...

Affirmation of Reasonable Attorney Fee Awards under 42 U.S.C. § 1988: McDonald v. Armontrout

Date: Nov 10, 1988

Affirmation of Reasonable Attorney Fee Awards under 42 U.S.C. § 1988: McDonald v. Armontrout Introduction The case of Samuel L. McDonald et al. v. Bill Armontrout et al., decided by the United States...

Deliberate Bypass of Direct Appeal in Habeas Corpus Relief: Cheek v. United States

Date: Oct 12, 1988

Deliberate Bypass of Direct Appeal in Habeas Corpus Relief: Cheek v. United States Introduction Ozzie K. Cheek v. United States of America is a notable case decided by the United States Court of...

Limits of the Earmarking Doctrine in Bankruptcy: Analysis of In Re Bohlen Enterprises, LTD.

Date: Oct 1, 1988

Limits of the Earmarking Doctrine in Bankruptcy: Analysis of In Re Bohlen Enterprises, LTD. Introduction In In Re Bohlen Enterprises, Ltd., the United States Court of Appeals for the Eighth Circuit...

Setoff Against Tax Refunds for Defaulted Student Loans Remains Valid Post-Statute of Limitations

Date: Sep 16, 1988

Setoff Against Tax Refunds for Defaulted Student Loans Remains Valid Post-Statute of Limitations Introduction The case of Deborah Thomas v. William Bennett challenges the authority of the Secretary...

Admissibility of Rebuttal Testimony and Courtroom Conduct: Insights from Gossett v. Weyerhaeuser Co.

Date: Sep 15, 1988

Admissibility of Rebuttal Testimony and Courtroom Conduct: Insights from Gossett v. Weyerhaeuser Co. Introduction The case of WILLIAM H. "BUTCH" GOSSETT, JR. AND DONNA SUE GOSSETT, APPELLANTS, v....

Enhancing Evidentiary Fairness in Employment Discrimination Cases: The Eighth Circuit's Decision in Estes v. Dick Smith Ford

Date: Sep 10, 1988

Enhancing Evidentiary Fairness in Employment Discrimination Cases: The Eighth Circuit's Decision in Estes v. Dick Smith Ford Introduction The case of Ruben Estes v. Dick Smith Ford, Inc., adjudicated...