8th Circuit Case Commentaries

Affirmation of Class Certification in FLSA Overtime Claims: Tyson Foods Case

Date: Aug 26, 2014

Affirmation of Class Certification in FLSA Overtime Claims: Tyson Foods Case Introduction The case of Peg Bouaphakeo et al. v. Tyson Foods, Inc. (765 F.3d 791, 8th Cir. 2014) represents a significant...

Eighth Circuit Establishes Standards for Aiding and Abetting Fiduciary Breach Claims in Banking Litigation

Date: Aug 22, 2014

Eighth Circuit Establishes Standards for Aiding and Abetting Fiduciary Breach Claims in Banking Litigation Introduction In the appellate case Geoffrey Varga v. U.S. Bank National Association, the...

Affirmation of Summary Judgment in ADA and FMLA Claims: Cal v. Withers

Date: Aug 16, 2014

Affirmation of Summary Judgment in ADA and FMLA Claims: Cal v. Withers Introduction Calvin Withers sued Leon Johnson, individually and in his official capacity as a Circuit Judge of Pulaski County,...

Sanctions for Spoliation of Evidence: A Comprehensive Analysis of Sentis Group Inc. v. Shell Oil Company

Date: Aug 15, 2014

Sanctions for Spoliation of Evidence: A Comprehensive Analysis of Sentis Group Inc. v. Shell Oil Company Introduction The case of Sentis Group, Inc.; Coral Group, Inc. v. Shell Oil Company; Equilon...

Eighth Circuit Upholds Eighth Amendment Standards in Prison Officials' Duty to Protect Inmates

Date: Aug 9, 2014

Eighth Circuit Upholds Eighth Amendment Standards in Prison Officials' Duty to Protect Inmates Introduction The case of Vincent Fitzgerald Walls v. Da (762 F.3d 778) addresses the critical issue of...

Affirmation of Disability Determination Standards in Whitman v. Colvin

Date: Aug 8, 2014

Affirmation of Disability Determination Standards in Whitman v. Colvin Introduction Rick A. Whitman filed an appeal against the Acting Commissioner of Social Security, challenging the denial of his...

Affirmation of Denied Qualified Immunity in Blazek v. City of Iowa City Establishes Boundaries on Law Enforcement Use of Force

Date: Aug 6, 2014

Affirmation of Denied Qualified Immunity in Blazek v. City of Iowa City Establishes Boundaries on Law Enforcement Use of Force Introduction In the case of Marcus A. Blazek v. City of Iowa City, the...

Weighting of Treating Physician's Opinions in RFC Determinations: Toland v. Colvin

Date: Aug 6, 2014

Weighting of Treating Physician's Opinions in RFC Determinations: Toland v. Colvin Introduction Renee Louise Toland v. Carolyn W. Colvin, was a pivotal case decided by the United States Court of...

Affirmation of SSA Disability Denial: Application of Listing 12.04 for Affective Disorders

Date: Aug 1, 2014

Affirmation of SSA Disability Denial: Application of Listing 12.04 for Affective Disorders Introduction The case of Robert James Blackburn v. Carolyn W. Colvin addresses the complexities involved in...

Affirmation of Breach of Contract Claims through Waiver in HAMP Mortgage Modifications: Sam v. JPMorgan Chase

Date: Jul 29, 2014

Affirmation of Breach of Contract Claims through Waiver in HAMP Mortgage Modifications: Sam v. JPMorgan Chase Introduction Case: Samvel G. Topchian, Plaintiff–Appellant v. JPMorgan Chase Bank, N.A.,...

Limits of Personal Jurisdiction in Contractual Disputes: Fastpath, Inc. v. Arbela Technologies Corp.

Date: Jul 26, 2014

Limits of Personal Jurisdiction in Contractual Disputes: Fastpath, Inc. v. Arbela Technologies Corp. Introduction Fastpath, Inc., an Iowa-based corporation specializing in security software, entered...

Mutual Exclusivity of Forfeiture and Acceleration Provisions in Employment Performance Agreements: Gorog v. Best Buy

Date: Jul 25, 2014

Mutual Exclusivity of Forfeiture and Acceleration Provisions in Employment Performance Agreements: Gorog v. Best Buy Introduction In Christopher Gorog v. Best Buy Co., Inc.; Napster, Inc., the United...

Economic Loss Doctrine Reinforced in Graham Construction Services v. Hammer & Steel Inc.

Date: Jul 24, 2014

Economic Loss Doctrine Reinforced in Graham Construction Services v. Hammer & Steel Inc. Introduction In the case of Graham Construction Services, Inc. v. Hammer & Steel Inc., decided by the United...

Affirmation of Performance-Based Justification in Gender Discrimination Claims under Title VII: Fiero v. CSG Systems

Date: Jul 18, 2014

Affirmation of Performance-Based Justification in Gender Discrimination Claims under Title VII: Fiero v. CSG Systems Introduction Fiero v. CSG Systems, Inc. is a pivotal case adjudicated by the...

Abuse of Discretion Standard Upheld in ERISA Long-Term Disability Claims: Waldoch v. Medtronic

Date: Jul 16, 2014

Abuse of Discretion Standard Upheld in ERISA Long-Term Disability Claims: Waldoch v. Medtronic Introduction In the case of Rodney Waldoch v. Medtronic, Inc. (757 F.3d 822), the United States Court of...

United States v. Young and Mock: A Comprehensive Commentary on Rule 404(b) Applicability, Conspiracy Evidence, and Confrontation Rights in Federal Murder-for-Hire Cases

Date: Jul 16, 2014

United States v. Young and Mock A Comprehensive Commentary on Rule 404(b) Applicability, Conspiracy Evidence, and Confrontation Rights in Federal Murder-for-Hire Cases Introduction In the landmark...

Admissibility of Differential Etiology Expert Testimony in Products Liability: Johnson v. Mead Johnson & Co.

Date: Jul 12, 2014

Admissibility of Differential Etiology Expert Testimony in Products Liability: Johnson v. Mead Johnson & Co. Introduction In the landmark case of Scott Johnson, as guardian ad litem of H.T.P., a...

Deliberate Indifference in Jail Administration: Walton v. Dawson Establishes New Standards

Date: Jul 1, 2014

Deliberate Indifference in Jail Administration: Walton v. Dawson Establishes New Standards Introduction Walton v. Dawson is a seminal case adjudicated by the United States Court of Appeals for the...

Affirmation of Summary Judgment in Pretrial Detainee's §1983 Claims: Standards for Deliberate Indifference and Excessive Force

Date: Jun 28, 2014

Affirmation of Summary Judgment in Pretrial Detainee's §1983 Claims: Standards for Deliberate Indifference and Excessive Force Introduction In the case of Sarah Jackson, Special Administrator for the...

Credibility and Medical Evidence Evaluation in Disability Claims: 8th Circuit's Decision in Smith v. Colvin

Date: Jun 26, 2014

Credibility and Medical Evidence Evaluation in Disability Claims: 8th Circuit's Decision in Smith v. Colvin Introduction In the landmark case Gregory Smith v. Carolyn W. Colvin, decided by the United...