8th Circuit Case Commentaries

Qualified Immunity Affirmed in Retaliatory Termination Claim: Hess v. Ables

Date: Apr 27, 2013

Qualified Immunity Affirmed in Retaliatory Termination Claim: Hess v. Ables Introduction In the landmark case of Shawna Hess v. Carol Ables, et al., decided by the United States Court of Appeals for...

Expansion of Sixth Amendment Public Trial Rights to Sentencing Hearings in U.S. v. Thompson

Date: Apr 24, 2013

Expansion of Sixth Amendment Public Trial Rights to Sentencing Hearings in United States v. Thompson Introduction The case of United States of America v. Armon Thompson (713 F.3d 388, 8th Cir. 2013)...

Reaffirming Fourth Amendment Protections: Search Incident to Arrest and Inventory Exceptions in United States v. Allen

Date: Apr 23, 2013

Reaffirming Fourth Amendment Protections: Search Incident to Arrest and Inventory Exceptions in United States v. Allen Introduction United States v. David Brian Allen, 713 F.3d 382 (8th Cir. 2013),...

Reaffirming Qualified Immunity in Fourth Amendment False Arrest Claims: Joseph v. Allen

Date: Apr 16, 2013

Reaffirming Qualified Immunity in Fourth Amendment False Arrest Claims: Joseph v. Allen Introduction The case of Stanley Joseph v. Kenneth L. Allen was adjudicated in the United States Court of...

Affirmation of Summary Judgment in Reuter v. JAX Ltd.: Establishing Standards for Material Breach and Damages in Licensing Agreements

Date: Apr 4, 2013

Affirmation of Summary Judgment in Reuter v. JAX Ltd.: Establishing Standards for Material Breach and Damages in Licensing Agreements Introduction Douglas E. Reuter v. JAX Ltd., Inc. is a pivotal...

Affirmation of Summary Judgment in Employment Discrimination and Retaliation Claims: Insights from Brown v. City of Jacksonville

Date: Mar 30, 2013

Affirmation of Summary Judgment in Employment Discrimination and Retaliation Claims: Insights from Brown v. City of Jacksonville Introduction In Brown v. City of Jacksonville, 711 F.3d 883 (8th Cir....

EPA's Procedural Missteps in Banning Bacteria Mixing Zones: An In-Depth Analysis of Iowa League of Cities v. EPA

Date: Mar 26, 2013

EPA's Procedural Missteps in Banning Bacteria Mixing Zones: An In-Depth Analysis of Iowa League of Cities v. EPA Introduction The case of Iowa League of Cities v. Environmental Protection Agency...

Strengthening Confrontation Rights in Accessory-Afther-Fact Proceedings: United States v. Head

Date: Mar 2, 2013

Strengthening Confrontation Rights in Accessory-Afther-Fact Proceedings: United States v. Head Introduction The case of United States v. Jerilee Jane Head, 707 F.3d 1026 (8th Cir. 2013), presents a...

Enhanced Protections Against Retaliation in Correctional Settings: Insights from Santiago v. Blair et al.

Date: Feb 28, 2013

Enhanced Protections Against Retaliation in Correctional Settings: Insights from Santiago v. Blair et al. Introduction The case of Victor Santiago v. Daniel Blair, Lieutenant Potosi Correctional...

Affirmation of FIRREA's Anti-Injunction Protections in Receiver Proceedings

Date: Feb 28, 2013

Affirmation of FIRREA's Anti-Injunction Protections in Receiver Proceedings Introduction The case of Dittmer Properties, L.P. v. Federal Deposit Insurance Corporation (FDIC) addresses significant...

Affirmation of Qualified Immunity in Unlawful Arrest and Excessive Force Cases: Small v. McCrystal et al.

Date: Feb 20, 2013

Affirmation of Qualified Immunity in Unlawful Arrest and Excessive Force Cases: Small v. McCrystal et al. Introduction Case: Clint Small; Derrick Pomranky; Adam Lee; Michele Heck; Jason Hopkins;...

Faulty Workmanship Exclusion and Ensuing Loss Exception in Insurance Coverage: Insights from BSI Constructors, Inc. v. Hartford Fire Insurance Co.

Date: Feb 20, 2013

Faulty Workmanship Exclusion and Ensuing Loss Exception in Insurance Coverage: Insights from BSI Constructors, Inc. v. Hartford Fire Insurance Co. Introduction The case of BSI Constructors, Inc. v....

Eighth Circuit Clarifies Fourth Amendment Seizure Standards in Post-Traffic Stop Canine Units: United States v. Grant

Date: Feb 13, 2013

Eighth Circuit Clarifies Fourth Amendment Seizure Standards in Post-Traffic Stop Canine Units: United States v. Grant Introduction In United States v. Chadwick Dean Grant, 696 F.3d 780 (8th Cir....

Balancing Public Access and Confidentiality: Eighth Circuit's Ruling on Sealed Civil Complaints in Antitrust Litigation

Date: Feb 12, 2013

Balancing Public Access and Confidentiality: Eighth Circuit's Ruling on Sealed Civil Complaints in Antitrust Litigation Introduction The case of IDT Corp; Net2Phone, Inc. v. eBAY; Skype, Inc.; Skype...

Eighth Circuit Establishes Duty for Police Officers to Identify Themselves Before Using Excessive Force in Public Arrests

Date: Feb 9, 2013

Eighth Circuit Establishes Duty for Police Officers to Identify Themselves Before Using Excessive Force in Public Arrests Introduction In the landmark case of Mark Atkinson v. City of Mountain View,...

8th Circuit Vacates Preliminary Injunction on Mandatory Drug Testing Policy at Linn State: Reinforcing Standards for Fourth Amendment Facial Challenges

Date: Jan 30, 2013

8th Circuit Vacates Preliminary Injunction on Mandatory Drug Testing Policy at Linn State: Reinforcing Standards for Fourth Amendment Facial Challenges Introduction The case of Michael Barrett, IV et...

Mandatory Application of the Psychiatric Review Technique in SSA Disability Evaluations

Date: Jan 11, 2013

Mandatory Application of the Psychiatric Review Technique in SSA Disability Evaluations Introduction In the case of James Cuthrell v. Michael J. Astrue, the United States Court of Appeals for the...

Enforcement of Arbitration Agreements with Class Action Waivers under the FLSA: Insights from Owen v. Bristol Care, Inc.

Date: Jan 8, 2013

Enforcement of Arbitration Agreements with Class Action Waivers under the FLSA: Insights from Owen v. Bristol Care, Inc. Introduction Owen v. Bristol Care, Inc., adjudicated by the United States...

Defining 'Transacting Business' for Personal Jurisdiction: Eighth Circuit Affirms Lack of Jurisdiction in DFA v. Bassett & Walker

Date: Dec 27, 2012

Defining 'Transacting Business' for Personal Jurisdiction: Eighth Circuit Affirms Lack of Jurisdiction in DFA v. Bassett & Walker Introduction In the case of Dairy Farmers of America, Inc. (DFA) v....

Multiplicity in Harassing Communications: 8th Circuit Clarifies Double Jeopardy in Grimes v. United States

Date: Dec 22, 2012

Multiplicity in Harassing Communications: 8th Circuit Clarifies Double Jeopardy in Grimes v. United States Introduction Grimes v. United States (702 F.3d 460, 8th Cir. 2012) is a pivotal case...