8th Circuit Case Commentaries

Establishing Patterns of Sex Discrimination in Academic Institutions: A Key Eighth Circuit Decision in Craik v. Minnesota State University

Date: Mar 24, 1984

Establishing Patterns of Sex Discrimination in Academic Institutions: A Key Eighth Circuit Decision in Craik v. Minnesota State University Introduction Craik v. Minnesota State University Board is a...

Employee Status Under ERISA: The Short and Zorn Precedent

Date: Mar 13, 1984

Employee Status Under ERISA: The Short and Zorn Precedent Introduction The cases of Lyle Short and Harold O. Zorn versus the Central States, Southeast Southwest Areas Pension Fund represent...

Eighth Circuit Rules Against Judicial Qualified Immunity in Sex Discrimination §1983 Case

Date: Mar 7, 1984

Eighth Circuit Rules Against Judicial Qualified Immunity in Sex Discrimination §1983 Case Introduction The case of Mary Susan Goodwin v. The Circuit Court of St. Louis County, Missouri, and William...

Retroactive Exhaustion Requirement and Eyewitness Identification Reliability Affirmed in Graham v. Solem, Eighth Circuit

Date: Mar 6, 1984

Retroactive Exhaustion Requirement and Eyewitness Identification Reliability Affirmed in Graham v. Solem, Eighth Circuit Introduction Graham v. Solem, 728 F.2d 1533 (8th Cir. 1984), is a pivotal...

Cornella v. Schweiker: EAJA Attorneys’ Fees Eligibility in Social Security Disability Cases

Date: Feb 22, 1984

Cornella v. Schweiker: EAJA Attorneys’ Fees Eligibility in Social Security Disability Cases Introduction Wallis D. Cornella, the appellant, challenged the denial of his application for attorneys'...

Affirmation of Prisoners' Limited Due Process Rights in Administrative Actions

Date: Feb 16, 1984

Affirmation of Prisoners' Limited Due Process Rights in Administrative Actions Introduction The case of Everett R. Lyon, Dennis E. Fisher, and Richard A. Lamphere versus Hal Farrrier et al. addresses...

Establishing Retrospective Strict Liability under CERCLA for Past Non-Negligent Hazardous Waste Disposers

Date: Feb 1, 1984

Establishing Retrospective Strict Liability under CERCLA for Past Non-Negligent Hazardous Waste Disposers Introduction In the landmark case, United States of America v. Northeastern Pharmaceutical...

Subjective Evidence and Credibility in Pre-Expiration Social Security Disability Claims: Basinger v. Heckler

Date: Jan 31, 1984

Subjective Evidence and Credibility in Pre-Expiration Social Security Disability Claims: Basinger v. Heckler Introduction Basinger v. Heckler is a pivotal case decided by the United States Court of...

ERISA Anti-Alienation Clauses and Bankruptcy Estate Inclusion: Analysis of In re Charles W. Graham

Date: Jan 21, 1984

ERISA Anti-Alienation Clauses and Bankruptcy Estate Inclusion: Analysis of In re Charles W. Graham Introduction In re Charles W. Graham, Debtor, 726 F.2d 1268 (8th Cir. 1984), stands as a pivotal...

Tome v. Schweiker: Reaffirming Disability Determinations Amid Treatment Noncompliance

Date: Jan 13, 1984

Tome v. Schweiker: Reaffirming Disability Determinations Amid Treatment Noncompliance Introduction In the landmark case of Tome v. Schweiker, the United States Court of Appeals for the Eighth Circuit...

Genericness of "Opry" Upheld: Comprehensive Analysis of WSM, Inc. v. Hilton

Date: Jan 13, 1984

Genericness of "Opry" Upheld: Comprehensive Analysis of WSM, Inc. v. Hilton Introduction The case of WSM, Incorporated v. Dennis E. Hilton and Country Shindig Opry, Inc., adjudicated by the United...

Severance Doctrine Affirmed: Analysis of United States v. Fitzgerald

Date: Dec 8, 1983

Severance Doctrine Affirmed: Analysis of United States v. Fitzgerald Introduction In the landmark case of United States v. Janice Fitzgerald, 724 F.2d 633 (8th Cir. 1983), the United States Court of...

Affirmation of Strict Products Liability and Evidentiary Standards in Toxic Shock Syndrome Case

Date: Dec 3, 1983

Affirmation of Strict Products Liability and Evidentiary Standards in Toxic Shock Syndrome Case Introduction The appellate case MICHAEL L. KEHM, ADMINISTRATOR OF THE ESTATE OF PATRICIA ANN KEHM,...

Reaffirmation of Shareholder Demand Requirements in Derivative Actions under Missouri Law

Date: Dec 3, 1983

Reaffirmation of Shareholder Demand Requirements in Derivative Actions under Missouri Law Introduction Sidney Wolgin v. Stanley Simon et al., 722 F.2d 389 (8th Cir. 1983), serves as a pivotal case in...

Age Discrimination under ADEA: 8th Circuit Establishes Importance of Jury Determination in Directed Verdict Motions – Loyd S. Dace v. ACF Industries, Inc.

Date: Dec 1, 1983

Age Discrimination under ADEA: 8th Circuit Establishes Importance of Jury Determination in Directed Verdict Motions Case Commentary on Loyd S. Dace v. ACF Industries, Inc. (722 F.2d 374) Introduction...

Discriminatory Promotional Practices in Law Enforcement: Insights from Gilbert et al. v. City of Little Rock

Date: Nov 30, 1983

Discriminatory Promotional Practices in Law Enforcement: Insights from Gilbert et al. v. City of Little Rock Introduction In the landmark case Gilbert et al. v. City of Little Rock, the United States...

Affirmation of Dismissal for Non-Compliance with Discovery and Conspiracy Claims

Date: Nov 19, 1983

Affirmation of Dismissal for Non-Compliance with Discovery and Conspiracy Claims Introduction The case of Danny Clark Cross v. General Motors Corporation explores critical issues surrounding legal...

Res Judicata and Collateral Estoppel in Bankruptcy: Insights from Lovell v. Mixon

Date: Nov 1, 1983

Res Judicata and Collateral Estoppel in Bankruptcy: Insights from Lovell v. Mixon Introduction The case Thomas F. Lovell, Appellant, v. James G. Mixon, Trustee, Appellee (719 F.2d 1373) decided by...

Affidavit Contradictions and Summary Judgment: Insights from Camfield Tires v. Michelin Tire Corp.

Date: Oct 29, 1983

Affidavit Contradictions and Summary Judgment: Insights from Camfield Tires v. Michelin Tire Corp. Introduction The case of Camfield Tires, Inc. v. Michelin Tire Corporation (719 F.2d 1361) presents...

Limitation on Bankruptcy Courts’ Authority to Toll Statutory Redemption Periods in Property Foreclosures

Date: Oct 12, 1983

Limitation on Bankruptcy Courts’ Authority to Toll Statutory Redemption Periods in Property Foreclosures Introduction The case of CURTIS H. JOHNSON AND GLORIA JEAN JOHNSON v. FIRST NATIONAL BANK OF...