8th Circuit Case Commentaries

Affirmation of Denial for Leave to Amend Civil Forfeiture Complaint in Antiquities Case

Date: Jun 13, 2014

Affirmation of Denial for Leave to Amend Civil Forfeiture Complaint in Antiquities Case Introduction The case of United States of America v. Mask of Ka–Nefer–Nefer involves a significant legal...

Peterson v. Kopp: Establishing Limits on Qualified Immunity in Retaliatory Use of Force

Date: Jun 12, 2014

Peterson v. Kopp: Establishing Limits on Qualified Immunity in Retaliatory Use of Force Introduction In the landmark case of Robert Aaron Peterson v. Officer Michael Kopp, decided by the United...

Affirmation of Summary Judgment in Employment Discrimination: Young v. Builders Steel Company

Date: Jun 10, 2014

Affirmation of Summary Judgment in Employment Discrimination: Young v. Builders Steel Company Introduction The case of Michael Young v. Builders Steel Company addresses pivotal issues surrounding...

Affirmation of Qualified Immunity in Police Use of Force: Smith v. City of Minneapolis

Date: Jun 7, 2014

Affirmation of Qualified Immunity in Police Use of Force: Smith v. City of Minneapolis Introduction In Smith v. City of Minneapolis, Bettie Smith, acting as trustee for her deceased son Quincy...

Flag Desecration Statutes Unconstitutional: Eighth Circuit Affirms First Amendment Protections

Date: May 31, 2014

Flag Desecration Statutes Unconstitutional: Eighth Circuit Affirms First Amendment Protections Introduction The case of Frank L. Snider, III v. City of Cape Girardeau addressed critical issues...

Affirmation of Qualified Immunity in Eighth Amendment Excessive Force Claims within Corrections

Date: May 24, 2014

Affirmation of Qualified Immunity in Eighth Amendment Excessive Force Claims within Corrections Introduction In the case of Roy Don Burns v. Edward Eaton, Sgt.; Renita White, Corporal, East Arkansas...

Affirming Fiduciary Duty Standards under ERISA: Eighth Circuit's Decision in Tussey v. ABB, Inc.

Date: May 21, 2014

Affirming Fiduciary Duty Standards under ERISA: Eighth Circuit's Decision in Tussey v. ABB, Inc. Introduction The case of Ronald C. Tussey; Charles E. Fisher; Timothy Pinnell, Plaintiffs–Appellees v....

Affirmation of Speedy Trial and Batson Challenge Standards in United States v. Mallett & Allen

Date: May 16, 2014

Affirmation of Speedy Trial and Batson Challenge Standards in United States v. Mallett & Allen Introduction In United States v. Mallett, 751 F.3d 907 (8th Cir. 2014), the United States Court of...

8th Circuit Affirms Abuse of Discretion Standard in ERISA Long-Term Disability Claims: Prezioso v. Prudential Insurance

Date: May 16, 2014

8th Circuit Affirms Abuse of Discretion Standard in ERISA Long-Term Disability Claims: Prezioso v. Prudential Insurance Introduction In the landmark case of Michael Prezioso v. The Prudential...

Affirmation of Summary Judgment on Missouri Merchandising Practices Act Claims in Fee Disclosure Case

Date: May 14, 2014

Affirmation of Summary Judgment on Missouri Merchandising Practices Act Claims in Fee Disclosure Case Introduction In the case of Patricia Toben, on behalf of herself and all others similarly...

8th Circuit Reaffirms Statute of Limitations Bar on FHA Claims in Smithrud v. Cities of Minneapolis and St. Paul

Date: May 10, 2014

8th Circuit Reaffirms Statute of Limitations Bar on FHA Claims in Smithrud v. Cities of Minneapolis and St. Paul Introduction LeRoy Smithrud v. City of St. Paul; City of Minneapolis is a pivotal case...

Substantial Evidence Supports Denial of Disability Benefits in Turpin v. Colvin

Date: May 8, 2014

Substantial Evidence Supports Denial of Disability Benefits in Turpin v. Colvin Introduction The case of Jana M. Turpin v. Carolyn W. Colvin addresses the complex interplay between medical evidence...

Limits of Removal Jurisdiction in Dormant Commerce Clause Claims: Eighth Circuit's Landmark Decision

Date: May 6, 2014

Limits of Removal Jurisdiction in Dormant Commerce Clause Claims: Eighth Circuit's Landmark Decision Introduction The case of Joel Baker et al. v. Martin Marietta Materials, Inc. et al. adjudicated...

8th Circuit Clarifies Qualified Immunity Standards in Excessive Force Claims: Edwards et al. v. Byrd et al.

Date: Apr 25, 2014

8th Circuit Clarifies Qualified Immunity Standards in Excessive Force Claims: Edwards et al. v. Byrd et al. Introduction In the landmark case of Cecil Edwards, Jr.; Allen Merrick; Cleveland Smith;...

Defamation in Labor Relations: Eighth Circuit Reverses Summary Judgment in Da v. Thomas

Date: Apr 9, 2014

Defamation in Labor Relations: Eighth Circuit Reverses Summary Judgment in Da v. Thomas Introduction The case of Dave Thomas v. United Steelworkers Local 1938 et al. (743 F.3d 1134) represents a...

Establishing Article III Standing Requirements for CAFA Class Actions: A Commentary on Mel v. ConAgra Foods

Date: Apr 5, 2014

Establishing Article III Standing Requirements for CAFA Class Actions: A Commentary on Mel v. ConAgra Foods Introduction Mel v. ConAgra Foods (747 F.3d 1025, 8th Cir. 2014) marks a significant...

Establishment Clause Protection Expanded: Coercion in Correctional Treatment Programs

Date: Mar 29, 2014

Establishment Clause Protection Expanded: Coercion in Correctional Treatment Programs Introduction Randall Jackson v. Jay Nixon et al. is a significant appellate decision from the United States Court...

Reaffirming the Necessity of State Actor Collusion in §1983 Claims: Magee v. Trustees of Hamline University

Date: Mar 28, 2014

Reaffirming the Necessity of State Actor Collusion in §1983 Claims: Magee v. Trustees of Hamline University Introduction Magee v. Trustees of Hamline University is a pivotal case adjudicated by the...

Deliberate Indifference in Inmate Healthcare: Fourte v. Faulkner County

Date: Mar 26, 2014

Deliberate Indifference in Inmate Healthcare: Fourte v. Faulkner County Introduction In the landmark case of Broderick Fourte, Plaintiff–Appellee v. Faulkner County, Arkansas, decided on March 25,...

Sovereign Immunity Bars ADA Title V Retaliation Claims: LORS v. DEAN

Date: Mar 14, 2014

Sovereign Immunity Bars ADA Title V Retaliation Claims: LORS v. DEAN Introduction In Tim Lors v. Jim Dean, the United States Court of Appeals for the Eighth Circuit addressed a pivotal issue...