8th Circuit Case Commentaries

Affirmation of ALJ's Residual Functional Capacity Determination in Buford v. Colvin

Date: Jun 3, 2016

Affirmation of ALJ's Residual Functional Capacity Determination in Buford v. Colvin Introduction The case of Samuel Buford, Plaintiff–Appellant v. Carolyn W. Colvin, Acting Commissioner of Social...

Exclusive Land Rights Affirmed: Reaffirming the Limitations of Federal Remedies for Aboriginal Land Claims

Date: Jun 2, 2016

Exclusive Land Rights Affirmed: Reaffirming the Limitations of Federal Remedies for Aboriginal Land Claims 1. Introduction The case of Sheldon Peters Wolfchild et al. v. Redwood County et al....

Procedural Due Process Satisfied in Upfront Booking Fee Collections: Eighth Circuit Affirmation

Date: May 5, 2016

Procedural Due Process Satisfied in Upfront Booking Fee Collections: Eighth Circuit Affirmation Introduction In the case of Erik Mickelson and Corey Statham v. Ramsey County, adjudicated by the...

Allocation of Insurance Proceeds and Attorney Fees in Interpleader Actions: Federated Mutual Insurance Co. v. Moody Station

Date: May 3, 2016

Allocation of Insurance Proceeds and Attorney Fees in Interpleader Actions: Federated Mutual Insurance Co. v. Moody Station Introduction In Federated Mutual Insurance Company v. Moody Station and...

Circumstance-Specific Approach Affirmed for Determining 'Sex Offender' under SORNA in United States v. Hill

Date: Apr 30, 2016

Circumstance-Specific Approach Affirmed for Determining 'Sex Offender' under SORNA in United States v. Hill Introduction In the case of United States of America v. John Oliver Hill, 820 F.3d 1003...

Affirmation of Qualified and Statutory Immunity in Regina Barton v. Estate of Jeffry Alan Barton

Date: Apr 28, 2016

Affirmation of Qualified and Statutory Immunity in Regina Barton v. Estate of Jeffry Alan Barton Introduction The case Regina Barton, as Personal Representative for the Estate of Jeffry Alan Barton...

Eighth Circuit Affirms Felon Firearm Possession Conviction, Reinforcing Standards on Evidence Sufficiency and Juror Misconduct

Date: Apr 27, 2016

Eighth Circuit Affirms Felon Firearm Possession Conviction, Reinforcing Standards on Evidence Sufficiency and Juror Misconduct Introduction In United States v. Muhammad, 819 F.3d 1056 (8th Cir....

Substantial or Motivating Factor Requirement for First Amendment Retaliation Claims Affirmed by 8th Circuit

Date: Apr 26, 2016

Substantial or Motivating Factor Requirement for First Amendment Retaliation Claims Affirmed by 8th Circuit Introduction In the realm of employment law, First Amendment retaliation claims are pivotal...

Affirming State and Qualified Immunity: Insights from Kruger v. State of Nebraska Department of Corrections

Date: Apr 8, 2016

Affirming State and Qualified Immunity: Insights from Kruger v. State of Nebraska Department of Corrections Introduction The case of Michael–Ryan Kruger, Special Administrator of the Estate of Andrea...

Kelleher v. Wal-Mart Stores, Inc.: Affirmation of Summary Judgment in ADA Failure to Accommodate Claim

Date: Apr 1, 2016

Kelleher v. Wal-Mart Stores, Inc.: Affirmation of Summary Judgment in ADA Failure to Accommodate Claim Introduction Parties Involved: The case involves Kathy Kelleher, the plaintiff–appellant, and...

Eighth Circuit Reaffirms Deference to ALJ's RFC Determination in Social Security Disability Cases

Date: Mar 24, 2016

Eighth Circuit Reaffirms Deference to ALJ's RFC Determination in Social Security Disability Cases Introduction In the case of Paula Sue Michel Plaintiff - Appellant v. Carolyn W. Colvin, Acting...

Affirmation of Nebraska's Equal-Fault Bar in Comparative Negligence: Kozlov v. Associated Wholesale Grocers, Inc.

Date: Mar 24, 2016

Affirmation of Nebraska's Equal-Fault Bar in Comparative Negligence: Kozlov v. Associated Wholesale Grocers, Inc. Introduction Kozlov v. Associated Wholesale Grocers, Inc. is a pivotal case...

Affirmation of Disability Denial Based on Residual Functional Capacity in Chronic Heart Failure Cases

Date: Mar 18, 2016

Affirmation of Disability Denial Based on Residual Functional Capacity in Chronic Heart Failure Cases Introduction The case of KKC, through her mother and custodial parent Nikki Stoner,...

Appellate Deference to Trial Court's Evidence and Verdict Form in Securities Fraud Litigation

Date: Mar 16, 2016

Appellate Deference to Trial Court's Evidence and Verdict Form in Securities Fraud Litigation Introduction The case of Securities and Exchange Commission (SEC) v. Capital Solutions Monthly Income...

Affirmation of Disability Denial and RFC Determination: Insights from Mabry v. Colvin

Date: Mar 4, 2016

Affirmation of Disability Denial and RFC Determination: Insights from Mabry v. Colvin Introduction The case of Bryce Mabry v. Carolyn W. Colvin, adjudicated by the United States Court of Appeals for...

Upholding Qualified Immunity and Evidentiary Standards in Deliberate Indifference Claims: Jackson v. Riebold

Date: Feb 25, 2016

Upholding Qualified Immunity and Evidentiary Standards in Deliberate Indifference Claims: Jackson v. Riebold Introduction In the case of Tony Lanier Jackson, Plaintiff–Appellant v. Nursing Supervisor...

Eighth Circuit Clarifies Application of Murder Cross Reference in Drug Trafficking Sentencing

Date: Feb 25, 2016

Eighth Circuit Clarifies Application of Murder Cross Reference in Drug Trafficking Sentencing Introduction In the landmark case of United States of America v. Andre Taylor and Victor Vickers (813...

Remand in Nowling v. Colvin: Revisiting Conversion Disorder in Disability Claims

Date: Feb 23, 2016

Remand in Nowling v. Colvin: Revisiting Conversion Disorder in Disability Claims Introduction In the case of Kimberly Anne Nowling v. Carolyn W. Colvin, Acting Commissioner of Social Security, the...

Municipal Liability and Conspiracy under 42 U.S.C. §§ 1983 and 1985: Analyzing Kelly v. City of Omaha

Date: Feb 19, 2016

Municipal Liability and Conspiracy under 42 U.S.C. §§ 1983 and 1985: Analyzing Kelly v. City of Omaha Introduction Kelly v. City of Omaha, Nebraska; Greg Petersen; Kevin Denker; Jane Does; John Does,...

Strict Adherence to Statutes of Limitations in Fraud and Contract Claims: Insights from TCF National Bank v. Market Intelligence

Date: Feb 5, 2016

Strict Adherence to Statutes of Limitations in Fraud and Contract Claims: Insights from TCF National Bank v. Market Intelligence Introduction The case TCF National Bank v. Market Intelligence, Inc....