8th Circuit Case Commentaries

Establishing Quiet-Title Actions Beyond the "Show-Me-the-Note" Theory: Insights from Ke v. Murphy et al.

Date: Dec 20, 2012

Establishing Quiet-Title Actions Beyond the "Show-Me-the-Note" Theory: Insights from Ke v. Murphy et al. Introduction In Ke v. Murphy et al., 699 F.3d 1027 (8th Cir. 2012), the United States Court of...

Admissibility of Expert Testimony in Product Liability: Russell v. Whirlpool Corp.

Date: Dec 18, 2012

Admissibility of Expert Testimony in Product Liability: Russell v. Whirlpool Corp. Introduction In the case of Randy Russell & Antoinette Russell v. Whirlpool Corporation (702 F.3d 450), the United...

8th Circuit Upholds Municipal Outdoor Smoking Ordinance: Limits on Fundamental Rights and Suspect Classifications Clarified

Date: Dec 18, 2012

8th Circuit Upholds Municipal Outdoor Smoking Ordinance: Limits on Fundamental Rights and Suspect Classifications Clarified Introduction In the case of Arthur Gallagher v. City of Clayton, the United...

Eighth Circuit Clarifies Aiding and Abetting in Drug Conspiracy and Sentencing Enhancements

Date: Dec 13, 2012

Eighth Circuit Clarifies Aiding and Abetting in Drug Conspiracy and Sentencing Enhancements Introduction In the case of United States of America v. Daniel Miller, 698 F.3d 699 (8th Cir. 2012), the...

Application of AEDPA Deference in Ineffective Assistance Claims: Williams v. Roper

Date: Dec 7, 2012

Application of AEDPA Deference in Ineffective Assistance Claims: Williams v. Roper Introduction Williams v. Roper, 695 F.3d 825 (8th Cir. 2012), is a pivotal case in the realm of federal habeas...

Preliminary Injunction Standards in Student Free Speech: Wilson v. Lee's Summit R–7 School District

Date: Nov 22, 2012

Preliminary Injunction Standards in Student Free Speech: Wilson v. Lee's Summit R–7 School District Introduction The case of S.J.W. and S.W.W. v. Lee's Summit R–7 School District (696 F.3d 771)...

Eighth Circuit Clarifies Limits of Qualified Immunity in Civil Rights Claims: Livers v. Schenck

Date: Nov 9, 2012

Qualified Immunity and Civil Rights Violations: The Eighth Circuit's Ruling in Livers v. Schenck Introduction The case of Matthew Livers, Plaintiff–Appellee v. Earl Schenck et al. adjudicated by the...

Eighth Circuit Reverses Dismissal of Shareholder Claims in Joseph H. Whitney v. The Guys, Inc.

Date: Nov 7, 2012

Eighth Circuit Reverses Dismissal of Shareholder Claims in Joseph H. Whitney v. The Guys, Inc. Introduction In the case of Joseph H. Whitney v. The Guys, Inc., Joseph H. Whitney, a Texas citizen,...

Limitations of Conclusory Checkbox Evaluations in Social Security Disability Determinations

Date: Oct 24, 2012

Limitations of Conclusory Checkbox Evaluations in Social Security Disability Determinations Introduction The case of Terri Jo Anderson v. Michael J. Astrue, adjudicated by the United States Court of...

Establishing CAFA’s $5 Million Jurisdictional Threshold: Hartis v. Chicago Title Insurance

Date: Oct 18, 2012

Establishing CAFA’s $5 Million Jurisdictional Threshold: Hartis v. Chicago Title Insurance Introduction Hartis v. Chicago Title Insurance Company, 694 F.3d 935 (8th Cir. 2012), is a landmark case...

Retro Television Network v. Luken Communications: Third-Party Beneficiary Claims Under Arkansas Law

Date: Oct 18, 2012

Retro Television Network v. Luken Communications: Third-Party Beneficiary Claims Under Arkansas Law Introduction The case of Retro Television Network, Inc. v. Luken Communications, LLC involves a...

Regulating Funeral Picketing: The Phelps–Roper v. City of Manchester Decision

Date: Oct 17, 2012

Regulating Funeral Picketing: The Phelps–Roper v. City of Manchester Decision Introduction In the landmark case Phelps–Roper v. City of Manchester, Missouri, the United States Court of Appeals for...

8th Circuit Sets New Precedent on Qualified Immunity in Due Process Violations Arising from Reckless Investigations and Manufactured Evidence

Date: Oct 16, 2012

8th Circuit Sets New Precedent on Qualified Immunity in Due Process Violations Arising from Reckless Investigations and Manufactured Evidence Introduction In the landmark case of Thomas W. Winslow,...

Jennings v. United States: Upholding Procedural Defaults in Light of Skilling's Honest Services Fraud Interpretation

Date: Oct 16, 2012

Jennings v. United States: Upholding Procedural Defaults in Light of Skilling's Honest Services Fraud Interpretation Introduction In the landmark case of Loren George Jennings v. United States of...

Richter v. Advance Auto Parts: 8th Circuit Affirms Exhaustion Requirement for Retaliation Claims and Recognizes Wrongful Discharge under Missouri Law

Date: Oct 11, 2012

Richter v. Advance Auto Parts: 8th Circuit Affirms Exhaustion Requirement for Retaliation Claims and Recognizes Wrongful Discharge under Missouri Law Introduction In the landmark case of Richter v....

Eighth Circuit Affirms ALJ's Residual Functional Capacity Assessment in Disability Benefits Denial

Date: Oct 5, 2012

Eighth Circuit Affirms ALJ's Residual Functional Capacity Assessment in Disability Benefits Denial Introduction In Da v. d A. PERKS, 687 F.3d 1086 (8th Cir. 2012), the United States Court of Appeals...

Bone v. G4S Youth Services: Affirmation of Non-Discriminatory Termination Practices

Date: Sep 7, 2012

Bone v. G4S Youth Services: Affirmation of Non-Discriminatory Termination Practices Introduction The case of Toni Bone v. G4S Youth Services, LLC; Todd Speight (686 F.3d 948) presents a significant...

Affirmation of Summary Judgment in ADA Disability Discrimination Case: Rotating Shift as Essential Job Function

Date: Sep 5, 2012

Affirmation of Summary Judgment in ADA Disability Discrimination Case: Rotating Shift as Essential Job Function Introduction In the case of Terri Kallail v. Alliant Energy Corporate Services, Inc.,...

Reaffirming the Honest Belief Rule: 8th Circuit Upholds Summary Judgment in ADA and FMLA Discrimination Case

Date: Sep 1, 2012

Reaffirming the Honest Belief Rule: 8th Circuit Upholds Summary Judgment in ADA and FMLA Discrimination Case Introduction In Joe Pulczinski v. Trinity Structural Towers, Inc., the United States Court...

Eighth Circuit Validates MSOP's Security Policies: Unclothed Searches, Restraints, and Communication Restrictions Constitutionally Permissible under §1983

Date: Aug 30, 2012

Eighth Circuit Validates MSOP's Security Policies: Unclothed Searches, Restraints, and Communication Restrictions Constitutionally Permissible under §1983 Introduction In the landmark case of Wallace...