8th Circuit Case Commentaries

Eighth Circuit Reinforces Rigorous Standards for Medical Improvement in Disability Claims

Date: Jul 15, 2021

Eighth Circuit Reinforces Rigorous Standards for Medical Improvement in Disability Claims Introduction The case of Tammy Koch v. Kilolo Kijakazi et al. (4 F.4th 656, 2021) involves a dispute over the...

Pietoso v. Republic Services: Clarifying Consent in Contractual Rate Adjustments

Date: Jul 10, 2021

Pietoso v. Republic Services: Clarifying Consent in Contractual Rate Adjustments Introduction In the case of Pietoso, Inc. d/b/a Cafe Napoli v. Republic Services, Inc. and Allied Services, LLC d/b/a...

Affirming Probable Cause and Particularity in Cellular-Tower Data Searches: United States v. Martavis James

Date: Jul 10, 2021

Affirming Probable Cause and Particularity in Cellular-Tower Data Searches: United States v. Martavis James Introduction United States of America Plaintiff - Appellee v. Martavis Shawn Demar James...

Fraudulent Joinder and Constructive Discharge Claims Denied: Insights from Henson v. Union Pacific

Date: Jul 9, 2021

Fraudulent Joinder and Constructive Discharge Claims Denied: Insights from Henson v. Union Pacific Introduction In the case of Randy R. Henson v. Union Pacific Railroad Company; Foster B. McDaniel,...

Strict Enforcement of Contract Termination Clauses Affirmed by Eighth Circuit under Nebraska Law

Date: Jul 3, 2021

Strict Enforcement of Contract Termination Clauses Affirmed by Eighth Circuit under Nebraska Law Introduction In the case of B. Thomas and Company, doing business as National Financial Services, LLC...

Direct Physical Loss Standard Affirmed: Government-Mandated COVID-19 Restrictions Excluded from Business Interruption Insurance Coverage

Date: Jul 3, 2021

Direct Physical Loss Standard Affirmed: Government-Mandated COVID-19 Restrictions Excluded from Business Interruption Insurance Coverage Introduction The case of Oral Surgeons, P.C. v. The Cincinnati...

Extending Traffic Stops: Reasonable Suspicion and Legal Boundaries Established in United States v. Callison

Date: Jul 3, 2021

Extending Traffic Stops: Reasonable Suspicion and Legal Boundaries Established in United States v. Callison Introduction In United States of America v. David A. Callison, the United States Court of...

Eighth Circuit Emphasizes Comprehensive Qualified Immunity Analysis in §1983 Claims: Watson v. Boyd et al.

Date: Jul 1, 2021

Eighth Circuit Emphasizes Comprehensive Qualified Immunity Analysis in §1983 Claims: Watson v. Boyd et al. Introduction The case of Fred Watson Plaintiff- Appellee v. Eddie Boyd, III; City of...

Mandatory Exhaustion of Administrative Remedies for Compassionate Release: Eighth Circuit Affirms Denial in Houck Case

Date: Jun 30, 2021

Mandatory Exhaustion of Administrative Remedies for Compassionate Release: Eighth Circuit Affirms Denial in Houck Case Introduction The case of United States of America Plaintiff - Appellee v. Thomas...

Automobile Exception Clarified in United States v. Short: Implications for Warrantless Vehicle Searches

Date: Jun 30, 2021

Automobile Exception Clarified in United States v. Short: Implications for Warrantless Vehicle Searches Introduction In the landmark case United States of America v. Shaun Short, 2 F.4th 1076 (8th...

Eighth Circuit Reinforces RLA Preemption of Employment Claims Related to Collective Bargaining Agreements

Date: Jun 29, 2021

Eighth Circuit Reinforces RLA Preemption of Employment Claims Related to Collective Bargaining Agreements Introduction The case of Scott T. Richardson v. BNSF Railway Company, decided by the United...

Eighth Circuit Clarifies Qualified Immunity Standards for Police Excessive Force and First Amendment Retaliation

Date: Jun 26, 2021

Eighth Circuit Clarifies Qualified Immunity Standards for Police Excessive Force and First Amendment Retaliation Introduction In the landmark case of Jennifer L. Burbridge, Personal Representative v....

SLUSA Preemption Affirmed in Brokerage Class Actions: An Analysis of Knowles v. TD Ameritrade

Date: Jun 25, 2021

SLUSA Preemption Affirmed in Brokerage Class Actions: An Analysis of Knowles v. TD Ameritrade Introduction The case Russell D. Knowles v. TD Ameritrade Holding Corporation (2 F.4th 751) adjudicated...

Affirmation of Personal Jurisdiction over Foreign Solicitors in Fraudulent Securities Schemes: Panircelvan Kaliannan v. Ee Hoong Liang

Date: Jun 19, 2021

Affirmation of Personal Jurisdiction over Foreign Solicitors in Fraudulent Securities Schemes: Panircelvan Kaliannan v. Ee Hoong Liang Introduction The case of Panircelvan Kaliannan et al. v. Ee...

Eighth Circuit Reinforces 'Actual Notice' Standard in Title IX and §1983 Claims Against School Officials

Date: Jun 17, 2021

Eighth Circuit Reinforces 'Actual Notice' Standard in Title IX and §1983 Claims Against School Officials Introduction The case of KD and JD v. Douglas County School District No. 001 addresses...

Postcard-Only Mail Policy in Correctional Facilities: Balancing Free Speech and Security Interests

Date: Jun 9, 2021

Postcard-Only Mail Policy in Correctional Facilities: Balancing Free Speech and Security Interests Introduction The case of Human Rights Defense Center Plaintiff - Appellant v. Baxter County Arkansas...

Good Faith Exception Upholds Cell Phone Evidence in Felon Firearm Possession Case

Date: Jun 8, 2021

Good Faith Exception Upholds Cell Phone Evidence in Felon Firearm Possession Case Introduction In the appellate case United States of America v. Mark Eggerson, the United States Court of Appeals for...

Deliberate Indifference in Prison Medical Care: Redmond v. Kosinski Establishes High Evidentiary Threshold

Date: Jun 8, 2021

Deliberate Indifference in Prison Medical Care: Redmond v. Kosinski Establishes High Evidentiary Threshold Introduction The case of Elvin Redmond v. Joel Kosinski, M.D.; Jana Hacker, NP; Robert...

Affirmation of Summary Judgment in Civil Rights Case: Recca v. Omaha Police Department

Date: Jun 5, 2021

Affirmation of Summary Judgment in Civil Rights Case: Recca v. Omaha Police Department Introduction In James Michael Recca v. Omaha Police Department, the United States Court of Appeals for the...

Enforcing Arbitration Clauses and Striking Class-Action Allegations: Insights from Donelson v. Ameriprise Financial Services, Inc.

Date: Jun 4, 2021

Enforcing Arbitration Clauses and Striking Class-Action Allegations: Insights from Donelson v. Ameriprise Financial Services, Inc. Introduction In Mark Donelson v. Ameriprise Financial Services,...