8th Circuit Case Commentaries

Affirmation of Tribal Sovereignty in Voting Rights: Cross v. Three Affiliated Tribes

Date: Jan 15, 2022

Affirmation of Tribal Sovereignty in Voting Rights: Cross v. Three Affiliated Tribes Introduction The case of Raymond Cross and Marilyn Hudson Plaintiffs - Appellants v. Mark Fox et al. (23 F.4th...

Jurisdictional Boundaries in PLRA Strike Assessments Established in Gonzalez v. United States

Date: Jan 13, 2022

Jurisdictional Boundaries in PLRA Strike Assessments Established in Gonzalez v. United States Introduction The case of Gabriel Gonzalez v. United States of America, decided by the United States Court...

Deliberate Indifference in Correctional Health Care: Eighth Circuit's Ruling on Hearing Aid Provision

Date: Jan 11, 2022

Deliberate Indifference in Correctional Health Care: Eighth Circuit's Ruling on Hearing Aid Provision Introduction In the case of Christopher Eugene De Rossitte v. Correct Care Solutions, LLC., the...

Substantial Evidence Standard Upholds ALJ's Residual Functional Capacity Findings in SSI Denial

Date: Jan 6, 2022

Substantial Evidence Standard Upholds ALJ's Residual Functional Capacity Findings in SSI Denial Introduction The case of Alan Pierce v. Kilolo Kijakazi serves as a pivotal example in the realm of...

Defining 'Acting Under' in Federal Officer Removal: Eighth Circuit's Affirmation in Tyson Foods COVID-19 Cases

Date: Dec 31, 2021

Defining 'Acting Under' in Federal Officer Removal: Eighth Circuit's Affirmation in Tyson Foods COVID-19 Cases Introduction The United States Court of Appeals for the Eighth Circuit recently...

Eighth Circuit Upholds Qualified Immunity in Investigative Terry Stops but Reverses on False Arrest Claims in Irvin v. Richardson

Date: Dec 17, 2021

Eighth Circuit Upholds Qualified Immunity in Investigative Terry Stops but Reverses on False Arrest Claims in Irvin v. Richardson Introduction In the case of Larenzo Irvin Plaintiff - Appellant v....

Affirmation and Partial Reversal in Attorney's Fees Award: Sahara Burton v. Nilkanth Pizza Inc.

Date: Dec 16, 2021

Affirmation and Partial Reversal in Attorney's Fees Award: Sahara Burton v. Nilkanth Pizza Inc. Introduction The case of Sahara Burton, individually and on behalf of all others similarly situated v....

Affirmation of Good Faith Exception and Plain View Doctrine in United States v. Saddler

Date: Dec 4, 2021

Affirmation of Good Faith Exception and Plain View Doctrine in United States v. Saddler Introduction In the case of United States of America Plaintiff - Appellee v. Martece Arielle Saddler...

Enforcing Ordinary Summary Judgment Standards in ERISA Disability Claims: Avenoso v. Reliance Standard Life Insurance

Date: Dec 1, 2021

Enforcing Ordinary Summary Judgment Standards in ERISA Disability Claims: Avenoso v. Reliance Standard Life Insurance Introduction The case of Michael Avenoso v. Reliance Standard Life Insurance...

Eighth Circuit Sets Precedent on Qualified Immunity in Police Seizure of Service Animals

Date: Nov 16, 2021

Eighth Circuit Sets Precedent on Qualified Immunity in Police Seizure of Service Animals Introduction In the case of Jennifer L.M. LeMay, personally, and as guardian of CLE, VE, minors; Courtney J....

Heightened Pleading Standards in Securities Fraud: Insights from City of Plantation Police Officers Pension Fund v. Meredith Corporation

Date: Oct 19, 2021

Heightened Pleading Standards in Securities Fraud: Insights from City of Plantation Police Officers Pension Fund v. Meredith Corporation Introduction The case of City of Plantation Police Officers...

Eighth Circuit Clarifies Overbreadth Doctrine in First Amendment Challenges to Prison Censorship Policies

Date: Oct 16, 2021

Eighth Circuit Clarifies Overbreadth Doctrine in First Amendment Challenges to Prison Censorship Policies Introduction The case of Charles E. Sisney v. South Dakota Secretary of Corrections et al....

Affirmation of Strict Standards for Compassionate Release under the First Step Act: United States v. Marcussen, 15 F.4th 855

Date: Oct 8, 2021

Affirmation of Strict Standards for Compassionate Release under the First Step Act: United States v. Marcussen, 15 F.4th 855 Introduction United States of America v. Andrew Nels Marcussen, 15 F.4th...

CRST Expedited v. Sellars et al.: Eighth Circuit Establishes Nuanced Standards for Retaliation Claims in Class Actions

Date: Sep 9, 2021

CRST Expedited v. Sellars et al.: Eighth Circuit Establishes Nuanced Standards for Retaliation Claims in Class Actions Introduction In the landmark case Cathy Sellars, Claudia Lopez, and Leslie...

Affirmation of Contractual Limitation of Liability in Breach of Contract and Tort Claims: Jacobson Warehouse Co. v. Schnuck Markets

Date: Sep 8, 2021

Affirmation of Contractual Limitation of Liability in Breach of Contract and Tort Claims: Jacobson Warehouse Co. v. Schnuck Markets Introduction The case of Jacobson Warehouse Co., Inc., doing...

Affirmation of Firearm Possession Conviction: UNITED STATES v. MILLER Establishes Clarifications on Franks Hearings and Sentencing Enhancements

Date: Sep 4, 2021

Affirmation of Firearm Possession Conviction: UNITED STATES v. MILLER Establishes Clarifications on Franks Hearings and Sentencing Enhancements Introduction In the case of United States of America...

Strict Compliance with Policy Conditions Affirmed: Dowden v. Cornerstone National Insurance Co.

Date: Aug 31, 2021

Strict Compliance with Policy Conditions Affirmed: Dowden v. Cornerstone National Insurance Co. Introduction Dowden v. Cornerstone National Insurance Company, 11 F.4th 866 (2021), is a pivotal case...

Illegality of Security Pledges in Professional Corporations and Limitations on Shareholders' Authority: Insights from McGowen v. Commerce Bank

Date: Aug 28, 2021

Illegality of Security Pledges in Professional Corporations and Limitations on Shareholders' Authority: Insights from McGowen v. Commerce Bank Introduction The case of McGowen, Hurst, Clark & Smith,...

Eighth Circuit Affirms Broad Interpretation of 'Controlled Substance Offense' for Sentencing Enhancements

Date: Aug 28, 2021

Eighth Circuit Affirms Broad Interpretation of 'Controlled Substance Offense' for Sentencing Enhancements Introduction The case of United States of America Plaintiff-Appellee v. Isaiah Ramon...

Eighth Circuit Establishes Non-Eligibility of Private Correctional Medical Staff for Qualified Immunity under §1983

Date: Aug 25, 2021

Eighth Circuit Establishes Non-Eligibility of Private Correctional Medical Staff for Qualified Immunity under §1983 Introduction In the notable case of Brenda Davis and Frederick Stufflebean,...