8th Circuit Case Commentaries

Attorney's Fees as Independent Claims: Establishing New Precedent in Obin v. District No. 9 and Anheuser-Busch, Inc.

Date: Jun 12, 1981

Attorney's Fees as Independent Claims: Establishing New Precedent in Obin v. District No. 9 and Anheuser-Busch, Inc. Introduction The case of Morris Obin v. District No. 9 of the International...

Affirmation of Exhaustion Doctrine in Habeas Corpus Petitions: Frank Sacco v. Lee C. Falke

Date: Jun 4, 1981

Affirmation of Exhaustion Doctrine in Habeas Corpus Petitions: Frank Sacco v. Lee C. Falke Introduction The case of Frank Sacco v. Lee C. Falke (649 F.2d 634) heard by the United States Court of...

Eighth Circuit Clarifies Inmate Mail Privacy and Due Process Rights in JENSEN v. KLECKER

Date: May 16, 1981

Eighth Circuit Clarifies Inmate Mail Privacy and Due Process Rights in JENSEN v. KLECKER Introduction Herbert O. Jensen et al. v. Edward J. Klecker et al. is a seminal case decided by the United...

Materiality of False Statements in §2255 Proceedings Affirmed in United States v. Jackson

Date: May 14, 1981

Materiality of False Statements in §2255 Proceedings Affirmed in United States v. Jackson Introduction United States of America v. Jessie Lee Jackson is a pivotal case decided by the United States...

Affirmation of Non-Discriminatory Employment Practices in Johnson v. Bunny Bread Co.

Date: Apr 17, 1981

Affirmation of Non-Discriminatory Employment Practices in Johnson v. Bunny Bread Co. Introduction In the seminal case of Johnson and White v. Bunny Bread Company, the United States Court of Appeals...

Exclusive Bankruptcy Court Jurisdiction Over Multi-State Grain Storage Facilities Established

Date: Apr 9, 1981

Exclusive Bankruptcy Court Jurisdiction Over Multi-State Grain Storage Facilities Established Introduction The case of In Re State of Missouri et al. v. U.S. Bankruptcy Court for the E.D. of Arkansas...

Affirmation of Tribal Extradition Ordinances and Tribal Sovereignty: Davis v. Muellar

Date: Mar 7, 1981

Affirmation of Tribal Extradition Ordinances and Tribal Sovereignty: Davis v. Muellar Introduction Thomas D. Davis v. Bryant Muellar, as Sheriff of Rolette County, North Dakota, 643 F.2d 521 (1981),...

Buder v. Merrill Lynch: Eighth Circuit Affirms Two-Year Statute of Limitations for Section 10b-5 Claims and Permits Amendment to Common Law Fraud

Date: Feb 20, 1981

Buder v. Merrill Lynch: Eighth Circuit Affirms Two-Year Statute of Limitations for Section 10b-5 Claims and Permits Amendment to Common Law Fraud Introduction Buder v. Merrill Lynch, Pierce, Fenner &...

Voluntariness of Guilty Pleas and the Scope of Federal Habeas Corpus: Insights from Williams v. Missouri

Date: Feb 6, 1981

Voluntariness of Guilty Pleas and the Scope of Federal Habeas Corpus: Insights from Williams v. Missouri Introduction Nathaniel Williams v. State of Missouri, 640 F.2d 140 (8th Cir. 1981), is a...

Remanding Judicial Proceedings for Civil Rights Violations: Putman and Favors v. Gerloff and Crowe

Date: Jan 29, 1981

Remanding Judicial Proceedings for Civil Rights Violations: Putman and Favors v. Gerloff and Crowe Introduction The case of Andrew Putman and Donald Favors v. Elmer Gerloff, Sheriff, and James Crowe,...

Remand of Improperly Removed Cases: Pecherski v. General Motors Corp. Establishes Strict Diversity Requirements

Date: Jan 14, 1981

Remand of Improperly Removed Cases: Pecherski v. General Motors Corp. Establishes Strict Diversity Requirements Introduction In Pecherski v. General Motors Corp., the United States Court of Appeals...

Clarification of Preliminary Injunction Standards in the Eighth Circuit: Dataphase Systems, Inc. v. C L Systems, Inc.

Date: Jan 8, 1981

Clarification of Preliminary Injunction Standards in the Eighth Circuit: Dataphase Systems, Inc. v. C L Systems, Inc. Introduction Dataphase Systems, Inc. v. C L Systems, Inc., 640 F.2d 109 (8th Cir....

Metric Multistandard Components Corp. v. Metric's, Inc.: Establishing Liability Under the Lanham Act

Date: Dec 20, 1980

Metric Multistandard Components Corp. v. Metric's, Inc.: Establishing Liability Under the Lanham Act Introduction The case of Metric Multistandard Components Corporation vs. Metric's, Inc. is a...

St. Paul Title Insurance Corporation v. William Brown: Clarifying Title Insurance Obligations in Construction Financing

Date: Nov 19, 1980

St. Paul Title Insurance Corporation v. William Brown: Clarifying Title Insurance Obligations in Construction Financing Introduction The case of William Brown, Trustee, Appellee/Cross-Appellant, v....

Enhanced Protection of Geographical Designations under Section 43(a) of the Lanham Act: Black Hills Jewelry Manufacturing Co. v. Gold Rush, Inc.

Date: Nov 14, 1980

Enhanced Protection of Geographical Designations under Section 43(a) of the Lanham Act Introduction The case of Black Hills Jewelry Manufacturing Co., et al. v. Gold Rush, Inc., et al. (633 F.2d 746)...

Clarifying Indictment Sufficiency and Jury Instructions: Analysis of United States v. Lincoln

Date: Oct 15, 1980

Clarifying Indictment Sufficiency and Jury Instructions: Analysis of United States v. Lincoln Introduction In the landmark case of United States of America v. Quentin Ira Lincoln, adjudicated by the...

Admissibility of Medical Hearsay and Lesser Included Offense Instructions under the Major Crimes Act: An Analysis of United States v. Iron Shell

Date: Sep 25, 1980

Admissibility of Medical Hearsay and Lesser Included Offense Instructions under the Major Crimes Act: An Analysis of United States v. Iron Shell Introduction United States of America v. John Louis...

Affirmation of Trademark Infringement Likelihood Through Opinion Surveys: SquirtCo v. Seven-Up Co. (1980)

Date: Aug 21, 1980

Affirmation of Trademark Infringement Likelihood Through Opinion Surveys: SquirtCo v. Seven-Up Co. (1980) Introduction The case of SquirtCo v. The Seven-Up Company, decided on August 20, 1980, by the...

Eighth Circuit Narrows 'Enterprise' Definition under RICO in Anderson v. USA

Date: Aug 8, 1980

Eighth Circuit Narrows 'Enterprise' Definition under RICO in Anderson v. USA Introduction In the landmark case United States of America v. Leslie Anderson and Leonard Mooney, adjudicated by the...

Absolute Legislative Immunity for Municipal Officials under 42 U.S.C. § 1983: A Comprehensive Analysis of Gorman Towers v. Bogoslavsky

Date: Jul 23, 1980

Absolute Legislative Immunity for Municipal Officials under 42 U.S.C. § 1983: A Comprehensive Analysis of Gorman Towers, Inc. v. Bogoslavsky Introduction Gorman Towers, Inc. and James Lambeth v....