8th Circuit Case Commentaries

Affirming Disability Benefit Denial through Comprehensive Evidence: Bernard v. Colvin

Date: Dec 23, 2014

Affirming Disability Benefit Denial through Comprehensive Evidence: Bernard v. Colvin Introduction Bernard v. Colvin is a pivotal case adjudicated by the United States Court of Appeals for the Eighth...

The Spencer v. Haynes Decision: Redefining Habeas Corpus for Conditions of Confinement Claims

Date: Dec 18, 2014

The Spencer v. Haynes Decision: Redefining Habeas Corpus for Conditions of Confinement Claims Introduction In the landmark case of Addones Spencer v. Anthony Haynes, 774 F.3d 467 (8th Cir. 2014), the...

Valuable Consideration Required for Claims of Improper Law Business: Schriener v. Quicken Loans

Date: Dec 17, 2014

Valuable Consideration Required for Claims of Improper Law Business: Schriener v. Quicken Loans Introduction In Schriener v. Quicken Loans, Inc., 774 F.3d 442 (8th Cir. 2014), the United States Court...

Failed Appeals and Procedural Compliance: Insights from United States v. Stacey Sellner

Date: Dec 16, 2014

Failed Appeals and Procedural Compliance: Insights from United States v. Stacey Sellner Introduction In United States v. Stacey Sellner, 773 F.3d 927 (8th Cir. 2014), the United States Court of...

Commissioner's Discretion in Evaluating Disability Claims: Cline v. Colvin

Date: Nov 20, 2014

Commissioner's Discretion in Evaluating Disability Claims: Cline v. Colvin Introduction Cline v. Colvin, 771 F.3d 1098 (8th Cir. 2014), addresses the critical issue of how the Social Security...

Weighting Treating Physician Opinions and Credibility in SSI Disability Claims: Insights from Kandi Cline v. Carolyn W. Colvin

Date: Nov 20, 2014

Weighting Treating Physician Opinions and Credibility in SSI Disability Claims: Insights from Kandi Cline v. Carolyn W. Colvin Introduction The case of Kandi Cline v. Carolyn W. Colvin serves as a...

Procedural Default and Equitable Exceptions in Habeas Corpus: Insights from Dansby v. Hobbs

Date: Nov 19, 2014

Procedural Default and Equitable Exceptions in Habeas Corpus: Insights from Dansby v. Hobbs Introduction Dansby v. Hobbs is a significant case adjudicated by the United States Court of Appeals for...

Interpretation of "May Likely Result" in Insurance Policies: Eighth Circuit Establishes Clear Standard

Date: Nov 18, 2014

Interpretation of "May Likely Result" in Insurance Policies: Eighth Circuit Establishes Clear Standard Introduction In the landmark case of Hot Stuff Foods, LLC v. Houston Casualty Company, the...

Weight of Medical Expert Testimonies in Disability Claims: Grable v. Colvin

Date: Nov 7, 2014

Weight of Medical Expert Testimonies in Disability Claims: Grable v. Colvin Introduction In the case of Penny Sue Grable v. Carolyn W. Colvin, decided by the United States Court of Appeals for the...

Affirming the Necessity of Clear Causation and Pretext in ADA Discrimination and Retaliation Claims: Breaux v. Product Fabricators, Inc.

Date: Nov 4, 2014

Affirming the Necessity of Clear Causation and Pretext in ADA Discrimination and Retaliation Claims: Breaux v. Product Fabricators, Inc. Introduction The case of Equal Employment Opportunity...

8th Circuit Establishes Standards for Qualified Immunity and Admissibility of Unsworn Statements in §1983 Excessive Force Claims

Date: Oct 31, 2014

8th Circuit Establishes Standards for Qualified Immunity and Admissibility of Unsworn Statements in §1983 Excessive Force Claims Introduction The case of Eddie C. Risdal v. Mike Nixon et al....

Enhancing Sentencing for Fraud Against Vulnerable Victims: United States v. Callaway

Date: Oct 31, 2014

Enhancing Sentencing for Fraud Against Vulnerable Victims: United States v. Callaway Introduction In United States v. Callaway, 762 F.3d 754 (8th Cir. 2014), Rodney W. Callaway was convicted of ten...

Affirmation of Summary Judgment in Age Discrimination Case: Johnson v. Securitas

Date: Oct 8, 2014

Affirmation of Summary Judgment in Age Discrimination Case: Johnson v. Securitas Introduction The case of Carlyn M. Johnson v. Securitas Security Services USA, Inc. (769 F.3d 605) presents a notable...

Affirmation of Anti-Retaliation Protections under the Federal Rail Safety Act: Kuduk v. BNSF Railway Co.

Date: Oct 8, 2014

Affirmation of Anti-Retaliation Protections under the Federal Rail Safety Act: Kuduk v. BNSF Railway Co. Introduction The case of Thomas F. Kuduk v. BNSF Railway Company, decided on October 7, 2014,...

Silva v. MetLife: Eighth Circuit Expands ERISA §1132(a)(3) Equitable Remedies

Date: Oct 2, 2014

Silva v. MetLife: Eighth Circuit Expands ERISA §1132(a)(3) Equitable Remedies Introduction The case of Salvador Silva v. Metropolitan Life Insurance Company, decided by the United States Court of...

Affirmation of Reasonable Suspicion in Traffic Stops Based on Temporary Registration Visibility: United States v. Givens

Date: Sep 18, 2014

Affirmation of Reasonable Suspicion in Traffic Stops Based on Temporary Registration Visibility: United States v. Givens Introduction United States of America v. Gregory Latrell Givens is a pivotal...

Particularity in Search Warrants for Pervasive Fraud Schemes: Insights from United States v. Sigillito

Date: Sep 16, 2014

Particularity in Search Warrants for Pervasive Fraud Schemes: Insights from United States v. Sigillito Introduction United States of America v. Martin T. Sigillito, 759 F.3d 913 (8th Cir. 2014),...

Class Action Removal Beyond One-Year Limit Under 28 U.S.C. §1453(b): Reece v. Bank of New York Mellon

Date: Sep 16, 2014

Class Action Removal Beyond One-Year Limit Under 28 U.S.C. §1453(b): Reece v. Bank of New York Mellon Introduction In the case of Gary Reece, on behalf of himself and all other similarly situated...

Affirmation of Dismissal in MHFS v. Baxter County: Implications for Contract and Civil Rights Claims

Date: Sep 4, 2014

Affirmation of Dismissal in MHFS v. Baxter County: Implications for Contract and Civil Rights Claims Introduction Mountain Home Flight Service, Inc. (MHFS) initiated legal action against Baxter...

Affirmation of ALJ's Use of Vocational Expertise Over DOT Discrepancies in Disability Determinations: Welsh v. Colvin

Date: Sep 3, 2014

Affirmation of ALJ's Use of Vocational Expertise Over DOT Discrepancies in Disability Determinations: Welsh v. Colvin Introduction The case of Richard Welsh v. Carolyn W. Colvin examines the...