8th Circuit Case Commentaries

Balancing Grand Jury Secrecy and Defense Discovery Rights: Analysis of Hanger v. United States

Date: Jun 29, 1968

Balancing Grand Jury Secrecy and Defense Discovery Rights: Analysis of Hanger v. United States Introduction Hanger v. United States, 398 F.2d 91 (8th Cir. 1968), presents a pivotal examination of the...

Establishing Class Action Maintenance and Tolling of Statute of Limitations under Rule 23(b)(3) in Antitrust Treble Damage Litigation

Date: May 18, 1968

Establishing Class Action Maintenance and Tolling of Statute of Limitations under Rule 23(b)(3) in Antitrust Treble Damage Litigation Introduction In the complex landscape of antitrust litigation,...

Affirmation of Conviction: Procedural Standards in Unlawful Narcotics Sale under 26 U.S.C.A. § 4705(a)

Date: Apr 3, 1968

Affirmation of Conviction: Procedural Standards in Unlawful Narcotics Sale under 26 U.S.C.A. § 4705(a) Introduction The case of Benjamin Hemphill v. United States of America, decided by the United...

Establishing Manufacturer's Duty of Care in Automobile Design: Erling Da v. Larsen

Date: Mar 12, 1968

Establishing Manufacturer's Duty of Care in Automobile Design: Erling Da v. Larsen Introduction Erling David Larsen v. General Motors Corporation, 391 F.2d 495 (8th Cir. 1968), addresses critical...

Myzel v. Fields: Expanding Federal Jurisdiction and Controlling Person Liability under SEC Rule 10b-5

Date: Mar 5, 1968

Myzel v. Fields: Expanding Federal Jurisdiction and Controlling Person Liability under SEC Rule 10b-5 Introduction Myzel v. Fields, 386 F.2d 718 (8th Cir. 1968), is a landmark appellate decision by...

Heaton Distributing Co. v. Union Tank Car Company: Trademark Infringement and Unfair Competition under the Lanham Act

Date: Dec 28, 1967

Heaton Distributing Co. v. Union Tank Car Company: Trademark Infringement and Unfair Competition under the Lanham Act Introduction The case of Heaton Distributing Co., Inc. v. Union Tank Car Company...

Affirmation of Probable Cause Standards in Search Warrants: The Spinelli v. United States Decision

Date: Sep 13, 1967

Affirmation of Probable Cause Standards in Search Warrants: The Spinelli v. United States Decision Introduction The case of William Spinelli v. United States of America (382 F.2d 871, 1967)...

Enforcement of Securities Laws Limited to Purchasers: Eighth Circuit in Greater Iowa Corporation v. McLendon

Date: May 20, 1967

Enforcement of Securities Laws Limited to Purchasers: Eighth Circuit in Greater Iowa Corporation v. McLendon Introduction Greater Iowa Corporation et al. v. Frank McLendon et al. (378 F.2d 783, 1967)...

Separate Liability for Conspiracy and Substantive Offenses Reaffirmed: Cardarella v. U.S.

Date: Mar 22, 1967

Separate Liability for Conspiracy and Substantive Offenses Reaffirmed: CARDARELLA v. UNITED STATES Introduction CARDARELLA v. UNITED STATES, 375 F.2d 222 (1967), is a significant decision by the...

Affirmation of Due Process in Capital Cases: Insights from Duane Earl POPE v. UNITED STATES

Date: Mar 15, 1967

Affirmation of Due Process in Capital Cases: Insights from Duane Earl POPE v. UNITED STATES Introduction Duane Earl POPE v. UNITED STATES of America (372 F.2d 710) is a landmark decision by the...

Equal Protection in School Desegregation: Job Security for African-American Teachers – Morrilton Board Decision

Date: Sep 15, 1966

Equal Protection in School Desegregation: Job Security for African-American Teachers – Morrilton Board Decision Introduction The case of Clement S. Smith et al. v. Board of Education of Morrilton...

Expansion of Personal Jurisdiction Over Foreign Corporations in Minnesota: Aftanase v. Economy Baler Co. (1965)

Date: Apr 3, 1965

Expansion of Personal Jurisdiction Over Foreign Corporations in Minnesota: Aftanase v. Economy Baler Co. (1965) Introduction In the landmark case of Arthur H. Aftanase v. Economy Baler Company,...

Affirming Government's Exclusive Standing in Indian Land Condemnation Actions - Cheyenne River Sioux Tribe v. United States (1964)

Date: Dec 10, 1964

Affirming Government's Exclusive Standing in Indian Land Condemnation Actions Cheyenne River Sioux Tribe v. United States, 338 F.2d 906 (8th Cir. 1964) Introduction The case of Cheyenne River Sioux...

Smith v. United States: Establishing Guidelines for Court-Appointed Witnesses and Defendant Rights

Date: May 13, 1964

Smith v. United States: Establishing Guidelines for Court-Appointed Witnesses and Defendant Rights Introduction The case of Harry R. Smith v. United States of America (331 F.2d 265), adjudicated by...

Affirming Valuation Standards for Minority Interests in Closely Held Corporations in Gift Tax Assessments

Date: Dec 31, 1963

Affirming Valuation Standards for Minority Interests in Closely Held Corporations in Gift Tax Assessments Introduction Marie H. Hamm and William Hamm, Jr. ("the Hamms"), both residents of Minnesota,...

Celebrezze v. Bolas: Defining Substantial Gainful Activity in Disability Claims

Date: Apr 30, 1963

Celebrezze v. Bolas: Defining Substantial Gainful Activity in Disability Claims Introduction In the landmark case of Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Herbert E....

Res Judicata and Collateral Estoppel in Criminal Appeals: Comprehensive Review of Dranow v. United States

Date: Oct 6, 1962

Res Judicata and Collateral Estoppel in Criminal Appeals: Comprehensive Review of Dranow v. United States Introduction The case of Benjamin Dranow v. United States of America (307 F.2d 545),...

Unified Conspiracy to Defraud Affirmed: Eighth Circuit Sets Precedent in Mail and Wire Fraud Cases

Date: Apr 21, 1962

Unified Conspiracy to Defraud Affirmed: Eighth Circuit Sets Precedent in Mail and Wire Fraud Cases Introduction The case of Fred Isaacs, Harry H. Isaacs, Fred A. Ossanna, Benson M. Larrick, and Earl...

Feguer v. United States: Affirming Competency Standards and Upholding Lawful Search and Seizure in Capital Cases

Date: Apr 17, 1962

Feguer v. United States: Affirming Competency Standards and Upholding Lawful Search and Seizure in Capital Cases Introduction Feguer v. United States is a pivotal case adjudicated by the United...

Affirmation of Jury Verdict in Solomon Dehydrating Co. v. Guyton: Standards for Verdict Excessiveness and Evidence Sufficiency

Date: Sep 1, 1961

Affirmation of Jury Verdict in Solomon Dehydrating Co. v. Guyton: Standards for Verdict Excessiveness and Evidence Sufficiency Introduction The case of Solomon Dehydrating Company, Incorporated,...