8th Circuit Case Commentaries

Denial of Government's Motion to Dismiss in Tiffany Bernard Case Establishes New Precedent on Prosecutorial Discretion

Date: Aug 3, 2022

Denial of Government's Motion to Dismiss in Tiffany Bernard Case Establishes New Precedent on Prosecutorial Discretion Introduction The case of United States of America v. Tiffany Bernard presents a...

Time-Barred §2255 Relief for Prior State Convictions under AEDPA: The Odie Decision

Date: Aug 3, 2022

Time-Barred §2255 Relief for Prior State Convictions under AEDPA: The Odie Decision Introduction The case of Clifton C. Odie v. United States of America (42 F.4th 940, 2022) presents a pivotal...

State Action Doctrine Reinforced: Dakota Boys & Girls Ranch Recognized as State Actor Under §1983

Date: Aug 3, 2022

State Action Doctrine Reinforced: Dakota Boys & Girls Ranch Recognized as State Actor Under §1983 Introduction In the landmark case Manda Roberson v. The Dakota Boys & Girls Ranch, the United States...

8th Circuit Reinforces Substantial Evidence Standard in Disability Benefit Determinations

Date: Jul 22, 2022

8th Circuit Reinforces Substantial Evidence Standard in Disability Benefit Determinations Introduction The case of Jason Bowers v. Kilolo Kijakazi addresses significant issues in the adjudication of...

Diversity Jurisdiction and Quantum Meruit in Declaratory Actions: Insights from Wagstaff & Cartmell v. Lewis

Date: Jul 16, 2022

Diversity Jurisdiction and Quantum Meruit in Declaratory Actions: Insights from Wagstaff & Cartmell v. Lewis Introduction In the landmark case of Wagstaff & Cartmell, LLP v. Neal R. Lewis, the United...

Eighth Circuit Upholds Denial of Compassionate Release: Emphasis on Individualized Inquiry and Safety Considerations in §3582(c)(1) Motions

Date: Jul 14, 2022

Eighth Circuit Upholds Denial of Compassionate Release: Emphasis on Individualized Inquiry and Safety Considerations in §3582(c)(1) Motions Introduction In the case of United States of America v....

Interpretation of § 3553(f)(1) in Pulsifer v. United States: Distributive Reading Upheld

Date: Jul 12, 2022

Interpretation of § 3553(f)(1) in Pulsifer v. United States: Distributive Reading Upheld Introduction In United States of America v. Mark E. Pulsifer, 39 F.4th 1018 (8th Cir. 2022), the United States...

Affirmation of the Leon Good Faith Exception and Strict Standards for Franks Hearings in Criminal Procedure

Date: Jul 6, 2022

Affirmation of the Leon Good Faith Exception and Strict Standards for Franks Hearings in Criminal Procedure Introduction The case of United States of America v. Johntez Randle (39 F.4th 533)...

Vacating Firearm Conviction under 18 U.S.C § 924(c): The Jones v. United States Case

Date: Jul 6, 2022

Vacating Firearm Conviction under 18 U.S.C § 924(c): The Jones v. United States Case Introduction The case of Christopher Adrian Jones, Petitioner-Appellant, v. United States of America,...

Qualified Immunity Affirmed in Omission of Warrant Information: Hartman v. Bowles

Date: Jul 6, 2022

Qualified Immunity Affirmed in Omission of Warrant Information: Hartman v. Bowles Introduction In the case of James Hartman; Ryan Hartman Plaintiffs - Appellants v. Beary Bowles, Detective, Defendant...

8th Circuit Clarifies Qualified and Sovereign Immunity Standards in §1983 Claims: Implications of Intracorporate Conspiracy Doctrine

Date: Jul 2, 2022

8th Circuit Clarifies Qualified and Sovereign Immunity Standards in §1983 Claims: Implications of Intracorporate Conspiracy Doctrine Introduction The case of Gina Torres and Dennis Torres v. City of...

Eighth Circuit Reinforces Mootness Doctrine in COVID-19 EO Challenges and Upholds Executive Qualified Immunity

Date: Jun 17, 2022

Eighth Circuit Reinforces Mootness Doctrine in COVID-19 EO Challenges and Upholds Executive Qualified Immunity Introduction The case Northland Baptist Church of St. Paul, Minnesota; John Bruski;...

Affirmation of Agency's Decision in Swarthout v. Kijakazi: Weighing Medical Opinions in Disability Claims

Date: May 21, 2022

Affirmation of Agency's Decision in Swarthout v. Kijakazi: Weighing Medical Opinions in Disability Claims Introduction In the case of Deborah Swarthout, Plaintiff - Appellant, versus Kilolo Kijakazi,...

Eighth Circuit Reinforces Enforceability of Silica-Related Dust Exclusions in Property Damage Insurance Claims

Date: May 19, 2022

Eighth Circuit Reinforces Enforceability of Silica-Related Dust Exclusions in Property Damage Insurance Claims Introduction The case of Grinnell Mutual Reinsurance Company Plaintiff - Appellee v....

Probable Cause and Search Incident to Arrest in Attempted Commercial Sex Trafficking: United States v. Slim

Date: May 18, 2022

Probable Cause and Search Incident to Arrest in Attempted Commercial Sex Trafficking: United States v. Slim Introduction United States of America Plaintiff-Appellee v. Carlocito Slim, 34 F.4th 642...

Enforcement of Consulting Agreements in Patent Ownership: Eighth Circuit Upholds Preliminary Injunction in Sleep Number Corp. v. Young et al.

Date: May 12, 2022

Enforcement of Consulting Agreements in Patent Ownership: Eighth Circuit Upholds Preliminary Injunction in Sleep Number Corp. v. Young et al. Introduction The case of Sleep Number Corporation...

Christopherson v. Bushner: Upholding Strict Pleading Standards in Claims Against Federal Contractors

Date: May 3, 2022

Christopherson v. Bushner: Upholding Strict Pleading Standards in Claims Against Federal Contractors Introduction In the case of Derek Christopherson; Jennifer Christopherson Plaintiffs - Appellants...

Slander of Title: Erickson v. Nationstar Mortgage Establishes Strict Requirements for Malice in Missouri Law

Date: Apr 21, 2022

Slander of Title: Erickson v. Nationstar Mortgage Establishes Strict Requirements for Malice in Missouri Law Introduction The case of Erickson v. Nationstar Mortgage, LLC, 31 F.4th 1044 (8th Cir....

Jurisdictional Limits on Appeals from Magistrate Judges: United States v. O'Laughlin

Date: Apr 15, 2022

Jurisdictional Limits on Appeals from Magistrate Judges: United States v. O'Laughlin Introduction The case of United States of America v. Timothy O'Laughlin (31 F.4th 1042) adjudicated by the United...

Affirmation of ADA and ADEA Protections in Employment Termination: Gruttemeyer v. Transit Authority

Date: Apr 15, 2022

Affirmation of ADA and ADEA Protections in Employment Termination: Gruttemeyer v. Transit Authority Introduction In the case of John Gruttemeyer v. Transit Authority of the City of Omaha, adjudicated...