8th Circuit Case Commentaries

Affirmation of Qualified and Absolute Immunity in Enforcement of Offender Registration Requirements

Date: Aug 6, 2013

Affirmation of Qualified and Absolute Immunity in Enforcement of Offender Registration Requirements Introduction In the case of Robert Saterdalen v. James Spencer; David Rikhus, the United States...

Limits on Appellate Jurisdiction and Non-Compete Enforcement in Preliminary Injunctions: Analysis of Novus Franchising, Inc. v. Michael L. Dawson

Date: Aug 6, 2013

Limits on Appellate Jurisdiction and Non-Compete Enforcement in Preliminary Injunctions: Analysis of Novus Franchising, Inc. v. Michael L. Dawson Introduction The case of Novus Franchising, Inc. v....

Affirmation of Summary Judgment in Da v. d L. Johnson, Jr.: Implications for Municipal Liability under 42 U.S.C. § 1983

Date: Aug 3, 2013

Affirmation of Summary Judgment in Da v. d L. Johnson, Jr.: Implications for Municipal Liability under 42 U.S.C. § 1983 Introduction The case of Da v. d L. Johnson, Jr. (725 F.3d 825) adjudicated by...

Affirmation of Denial of Rule 59(e) Motion in Holder v. United States: Implications for Ineffective Assistance of Counsel in Capital Cases

Date: Aug 1, 2013

Affirmation of Denial of Rule 59(e) Motion in Holder v. United States: Implications for Ineffective Assistance of Counsel in Capital Cases Introduction In Holder v. United States, 721 F.3d 979, the...

8th Circuit Reinforces Standards for Credibility Assessments in Social Security Disability Cases

Date: Jul 31, 2013

8th Circuit Reinforces Standards for Credibility Assessments in Social Security Disability Cases Introduction The case of Michael James Kamann v. Carolyn W. Colvin (721 F.3d 945, 8th Cir. 2013)...

Denial of Appointment of Counsel in 42 U.S.C. § 1983 Actions: Insights from Ke v. Ward

Date: Jul 30, 2013

Denial of Appointment of Counsel in 42 U.S.C. § 1983 Actions: Insights from Ke v. Ward Introduction The case of Ke v. Ward, decided by the United States Court of Appeals for the Eighth Circuit on...

Affirmation of Proper Weighting of Subjective Pain in Social Security Disability Determinations: McDade v. Astrue

Date: Jul 30, 2013

Affirmation of Proper Weighting of Subjective Pain in Social Security Disability Determinations: McDade v. Astrue Introduction In the case of Royce Glen McDade v. Michael J. Astrue, Commissioner,...

Federal Preemption of State Product Liability Claims in Generic Drug Labeling: Bell v. Pfizer et al.

Date: Jul 24, 2013

Federal Preemption of State Product Liability Claims in Generic Drug Labeling: Bell v. Pfizer et al. Introduction In the landmark case of Shirley J. Bell, Plaintiff–Appellant v. Pfizer, Inc.; Wyeth,...

Eighth Circuit Upholds SSA Denial: Reinforcing the Necessity of Consistent Medical Evidence in Disability Claims

Date: Jul 19, 2013

Eighth Circuit Upholds SSA Denial: Reinforcing the Necessity of Consistent Medical Evidence in Disability Claims Introduction The case of Angela C. Myers v. Carolyn W. Colvin, Commissioner of Social...

Eighth Circuit Clarifies Ambiguity in Franchise Renewal Performance Requirements: Home Instead v. Florance

Date: Jul 17, 2013

Eighth Circuit Clarifies Ambiguity in Franchise Renewal Performance Requirements: Home Instead v. Florance Introduction In the case of Home Instead, Inc. v. Florance, the United States Court of...

Defining Curtilage: The Eighth Circuit's Determination in United States v. Bausby

Date: Jul 12, 2013

Defining Curtilage: The Eighth Circuit's Determination in United States v. Bausby Introduction In the case of United States of America v. Chris C. Bausby, adjudicated by the United States Court of...

Commencement of Supervised Release Post-Confinement: Insights from United States v. Mosby

Date: Jun 29, 2013

Commencement of Supervised Release Post-Confinement: Insights from United States v. Mosby Introduction United States of America v. Ivory Mosby (719 F.3d 925) is a pivotal case decided by the United...

Eighth Circuit Affirms Dismissal of §1983 Claims Against Bankruptcy Trustees Under the Barton Doctrine

Date: Jun 29, 2013

Eighth Circuit Affirms Dismissal of §1983 Claims Against Bankruptcy Trustees Under the Barton Doctrine Introduction In the case of Andrew Will Alexander v. John A. Hedback, decided on June 28, 2013,...

Eighth Circuit Affirms Non-Retroactivity of Sentencing Commission Amendments for Career Offenders

Date: Jun 25, 2013

Eighth Circuit Affirms Non-Retroactivity of Sentencing Commission Amendments for Career Offenders Introduction The case of United States of America v. Antonio Gromyko Reeves (717 F.3d 647) presents...

Age Discrimination in Employment: The Reversal of Summary Judgment in Ridout v. JBS USA, LLC

Date: Jun 15, 2013

Age Discrimination in Employment: The Reversal of Summary Judgment in Ridout v. JBS USA, LLC Introduction The case of Lyle Ridout v. JBS USA, LLC serves as a significant precedent in the realm of age...

Involuntary Medication for Competency Restoration: United States v. Mackey Establishes Precedent under SELL v. UNITED STATES

Date: Jun 11, 2013

Involuntary Medication for Competency Restoration: United States v. Mackey Establishes Precedent under SELL v. UNITED STATES 1. Introduction The case United States of America v. Shawn Allan Mackey...

Policy Disagreement with Methamphetamine Sentencing Guidelines: Insights from United States v. Willie Hayes

Date: Jun 8, 2013

Policy Disagreement with Methamphetamine Sentencing Guidelines: Insights from United States v. Willie Hayes Introduction In the case of United States of America v. Willie Hayes (948 F. Supp. 2d 1009,...

Affirmation of Qualified Immunity in Restraining Order Violation Case

Date: May 22, 2013

Affirmation of Qualified Immunity in Restraining Order Violation Case Introduction The case of Brian Thorvald Ulrich v. ld ULRICH, adjudicated by the United States Court of Appeals for the Eighth...

Younger Abstention and First Amendment Challenges in State Administrative Proceedings: Insights from Gerald Geier v. Missouri Ethics Commission

Date: May 22, 2013

Younger Abstention and First Amendment Challenges in State Administrative Proceedings: Insights from Gerald Geier v. Missouri Ethics Commission Introduction Gerald Geier and Stop Now!, a political...

Capital Region Medical Center v. Olsen: Eighth Circuit Affirms Summary Judgment on ADA and ADEA Claims

Date: May 8, 2013

Capital Region Medical Center v. Olsen: Eighth Circuit Affirms Summary Judgment on ADA and ADEA Claims Introduction In the landmark case of Andrea Olsen v. Capital Region Medical Center (CRMC), the...