8th Circuit Case Commentaries

Affirmation of Qualified Immunity in Excessive Force Claim: Lochs v. City of Litchfield

Date: Aug 28, 2012

Affirmation of Qualified Immunity in Excessive Force Claim: Lochs v. City of Litchfield Introduction In the case of Cassidy Jared Loch; Saara Loch v. City of Litchfield; Litchfield Police Officer...

Career Offender Sentencing Standards Affirmed in United States v. Harris

Date: Aug 24, 2012

Career Offender Sentencing Standards Affirmed in United States v. Harris Introduction In United States v. Harris, 688 F.3d 950 (8th Cir. 2012), the United States Court of Appeals for the Eighth...

Affirmation of Heightened Pleading Standards under Rule 9(b) for False Claims Act Violations

Date: Aug 24, 2012

Affirmation of Heightened Pleading Standards under Rule 9(b) for False Claims Act Violations Introduction The case of United States of America, ex rel. John P. Raynor v. National Rural Utilities...

Affirmation of Dismissal Due to Lack of Article III Standing: Miller v. Redwood Toxicology Laboratory, Inc. (8th Cir. 2012)

Date: Aug 24, 2012

Affirmation of Dismissal Due to Lack of Article III Standing: Miller v. Redwood Toxicology Laboratory, Inc. (8th Cir. 2012) Introduction The case of John G. Miller v. Redwood Toxicology Laboratory,...

Establishing Foreseeability in Missouri's Long-Arm Jurisdiction: Myers v. Casino Queen

Date: Aug 22, 2012

Establishing Foreseeability in Missouri's Long-Arm Jurisdiction: Myers v. Casino Queen Introduction Mark Myers v. Casino Queen, Inc. (689 F.3d 904) is a seminal case adjudicated by the United States...

Affirmation of Qualified and Official Immunity in Social Services Custody Cases: Hutson v. Walker et al.

Date: Aug 21, 2012

Affirmation of Qualified and Official Immunity in Social Services Custody Cases: Hutson v. Walker et al. Introduction The case of Carol L. Hutson, mother of decedent, on behalf of her son and...

Affirmative Misrepresentation Not Required for a Scheme to Defraud under Federal Fraud Statutes: Analysis of United States v. Steffen

Date: Aug 10, 2012

Affirmative Misrepresentation Not Required for a Scheme to Defraud under Federal Fraud Statutes: Analysis of United States v. Steffen Introduction In United States v. Steffen, 687 F.3d 1104 (8th Cir....

Substantial Evidence Standard Affirmed in BYES v. ASTRUE: Implications for Disability Claims

Date: Aug 3, 2012

Substantial Evidence Standard Affirmed in BYES v. ASTRUE: Implications for Disability Claims Introduction The case of Kevin E. BYES v. Michael J. ASTRUE, adjudicated by the United States Court of...

Substantial Evidence and Grid Rule Application in Disability Claims: An Analysis of BYES v. Astrue

Date: Aug 3, 2012

Substantial Evidence and Grid Rule Application in Disability Claims: An Analysis of BYES v. Astrue Introduction The case of Kevin BYES v. Michael J. ASTRUE, Commissioner, Social Security...

Judicial Immunity Upholding Under Rooker-Feldman Doctrine: Schottel v. Young

Date: Aug 2, 2012

Judicial Immunity Upholding Under Rooker-Feldman Doctrine: Schottel v. Young Introduction In the case of James Schottel, Jr. v. Patrick M. Young; William L. Berry, decided by the United States Court...

Qualified Immunity Affirmed in Carpenter v. Gage: Implications for Fourth Amendment Claims

Date: Jul 28, 2012

Qualified Immunity Affirmed in Carpenter v. Gage: Implications for Fourth Amendment Claims Introduction Carpenter v. Deputy Harold D. Gage; Deputy Kenneth D. Paul; Benton County, Arkansas; Sheriff...

Comparative Negligence and Evidentiary Standards in Two Rivers Bank & Trust v. Atanasova

Date: Jul 25, 2012

Comparative Negligence and Evidentiary Standards in Two Rivers Bank & Trust v. Atanasova Introduction The case of Two Rivers Bank & Trust, As Conservator for K.H. a Minor; Kala Holtkamp,...

Summary Judgment Standards and Evidentiary Sufficiency: Insights from Gannon International v. Blocker

Date: Jul 18, 2012

Summary Judgment Standards and Evidentiary Sufficiency: Insights from Gannon International v. Blocker Introduction The case of Gannon International, Ltd. v. Walter Blocker involves a complex dispute...

HAMP Does Not Preempt State-Law Claims Without Plausible Pleading: Cox v. Mortgage Electronic Registration Systems, Inc.

Date: Jul 13, 2012

HAMP Does Not Preempt State-Law Claims Without Plausible Pleading: Cox v. Mortgage Electronic Registration Systems, Inc. Introduction The case of Gary Cox and Jill Cox v. Mortgage Electronic...

Affirmation of Employer's Anti-Discrimination Defense and Standards for Hostile Work Environment Claims: Capital Contractors, Inc. v. Ron Ryan

Date: Jul 11, 2012

Affirmation of Employer's Anti-Discrimination Defense and Standards for Hostile Work Environment Claims: Capital Contractors, Inc. v. Ron Ryan Introduction The case of Ron Ryan v. Capital...

Ridenour v. Boehringer Ingelheim: Statute of Limitations and Discovery Rule in Pharmaceutical Liability

Date: Jul 10, 2012

Ridenour v. Boehringer Ingelheim: Statute of Limitations and Discovery Rule in Pharmaceutical Liability Introduction In the case of Brian Ridenour v. Boehringer Ingelheim Pharmaceuticals, Inc.,...

Enforceability of Plea Agreement Waivers: Insights from Watson v. United States

Date: Jun 27, 2012

Enforceability of Plea Agreement Waivers: Insights from Watson v. United States Introduction The case of Charles Samuel Watson, Jr. v. United States (682 F.3d 740) serves as a pivotal reference in...

Affirmation of Specialized Supervised Release Conditions in Child Pornography Cases

Date: Jun 27, 2012

Affirmation of Specialized Supervised Release Conditions in Child Pornography Cases Introduction The case of United States of America v. Justin Daniel Deatherage, decided by the United States Court...

Qualified Immunity and Deliberate Indifference in Inmate Medical Care: Insights from Sherry Luckert v. Dodge County

Date: Jun 23, 2012

Qualified Immunity and Deliberate Indifference in Inmate Medical Care: Insights from Sherry Luckert v. Dodge County Introduction The case of Sherry Luckert, Personal Representative of the Estate of...

Deference to ALJ's Credibility Assessment and RFC Determination in Renstrom v. Astrue

Date: Jun 13, 2012

Deference to ALJ's Credibility Assessment and RFC Determination in Renstrom v. Astrue Introduction Renstrom v. Astrue is a pivotal case adjudicated by the United States Court of Appeals for the...