8th Circuit Case Commentaries

EEOC v. CRST Van Expedited, Inc.: Enhancing the Scope of EEOC's Litigation Authority Under Title VII

Date: Jun 9, 2012

EEOC v. CRST Van Expedited, Inc.: Enhancing the Scope of EEOC's Litigation Authority Under Title VII Introduction The case of Equal Employment Opportunity Commission (EEOC) v. CRST Van Expedited,...

Enhancing Habeas Corpus Review: Lawrence Arnold v. Dormire and Its Implications

Date: May 23, 2012

Enhancing Habeas Corpus Review: Lawrence Arnold v. Dormire and Its Implications Introduction The case of Lawrence Arnold, Appellant, v. Dave Dormire, Superintendent; Chris Koster, Appellees (675 F.3d...

Osei v. United States: Affirmation of Plea Integrity and Sentencing Reasonableness in Healthcare Fraud

Date: May 19, 2012

Osei v. United States: Affirmation of Plea Integrity and Sentencing Reasonableness in Healthcare Fraud Introduction The case of United States of America v. Patrick Daniel Osei, adjudicated by the...

E–Shops Corp. v. U.S. Bank: Upholding Strict Pleading Standards for Fraud and Statutory Claims

Date: May 19, 2012

E–Shops Corp. v. U.S. Bank: Upholding Strict Pleading Standards for Fraud and Statutory Claims Introduction In the case of E–Shops Corp. v. U.S. Bank National Association, 678 F.3d 659 (8th Cir....

Limitation of RICO and RESPA Claims in Consumer Class Actions: Eighth Circuit Upholds Dismissal in Gomez v. Wells Fargo

Date: Apr 13, 2012

Limitation of RICO and RESPA Claims in Consumer Class Actions: Eighth Circuit Upholds Dismissal in Gomez v. Wells Fargo Introduction In the case of Grant A. Gomez and Lanie L. Gomez v. Wells Fargo...

Affirmation of Summary Judgment in Race and Age Discrimination Claims: Gibson v. American Greetings Corporation

Date: Apr 12, 2012

Affirmation of Summary Judgment in Race and Age Discrimination Claims: Gibson v. American Greetings Corporation Introduction Gibson v. American Greetings Corporation, 670 F.3d 844 (8th Cir. 2012),...

Affirming BIA's Trust Land Acquisition Authority under §5 of the Indian Reorganization Act

Date: Apr 7, 2012

Affirming BIA's Trust Land Acquisition Authority under §5 of the Indian Reorganization Act Introduction In the case of County of Charles Mix v. United States Department of the Interior, the United...

Affirmation of Summary Judgment on FMLA Retaliation and Racial Discrimination Claims: Chappell v. Bilco

Date: Apr 6, 2012

Affirmation of Summary Judgment on FMLA Retaliation and Racial Discrimination Claims: Chappell v. Bilco Introduction In Johnny Chappell v. The Bilco Company, 675 F.3d 1110 (8th Cir. 2012), the United...

Strict Standards for Qualified Immunity: Insights from Bernard Jones v. Rick McNeese

Date: Mar 30, 2012

Strict Standards for Qualified Immunity: Insights from Bernard Jones v. Rick McNeese Introduction The case of Bernard Jones; Alcohol and Drug Counseling Services, LLC; Healing Circle Recovery...

Eighth Circuit Establishes Requirement for Vocational Expert Testimony in Cases with Severe Mental Impairments

Date: Mar 29, 2012

Requirement for Vocational Expert Testimony in Severe Mental Impairment Cases Introduction The case of Michael Brock v. Michael J. Astrue, decided by the United States Court of Appeals for the Eighth...

Eighth Circuit Establishes Standards for Unanimous Consent in Removal and §1983 Due Process Claims

Date: Mar 23, 2012

Unanimous Consent in Removal Proceedings and Strict Pleading Standards for §1983 Due Process Claims: Analysis of Christiansen v. West Branch Community School District Introduction In Terry...

Recreational Use Immunity and Commercial Motivation: Insights from Dorrah v. United States

Date: Mar 14, 2012

Recreational Use Immunity and Commercial Motivation: Insights from Dorrah v. United States Introduction Dorrah v. United States, 282 F.R.D. 442 (N.D. Iowa 2012), is a pivotal case that explores the...

Establishing First Amendment Protections Against Retaliatory Actions by County Officials: L.L. Nelson Enterprises v. County of St. Louis

Date: Mar 10, 2012

Establishing First Amendment Protections Against Retaliatory Actions by County Officials: L.L. Nelson Enterprises, Inc. v. County of St. Louis Introduction In the case of L.L. Nelson Enterprises,...

Affirmation of Qualified Immunity in Mass Seizure Cases: Bernini et al. v. City of St. Paul

Date: Mar 9, 2012

Affirmation of Qualified Immunity in Mass Seizure Cases: Bernini et al. v. City of St. Paul Introduction The case of Brook Bernini; Matthew Byrnes; Simon Cecil; Andrew Cohen; et al. v. City of St....

Standing Requirements in Class Actions under CAFA: Insights from Bonnie Hargis v. Access Capital Funding, LLC

Date: Mar 6, 2012

Standing Requirements in Class Actions under CAFA: Insights from Bonnie Hargis v. Access Capital Funding, LLC Introduction The case of Bonnie Hargis v. Access Capital Funding, LLC; Webster Bank, NA...

Eighth Circuit Affirms Summary Judgment in National Origin Discrimination Claim: Othman v. City of Country Club Hills

Date: Mar 2, 2012

Eighth Circuit Affirms Summary Judgment in National Origin Discrimination Claim: Othman v. City of Country Club Hills Introduction In Othman v. City of Country Club Hills, the United States Court of...

Advancing Age Categorization in Social Security Disability Determinations: Phillips v. Astrue

Date: Mar 1, 2012

Advancing Age Categorization in Social Security Disability Determinations: Phillips v. Astrue Introduction The case of Diana Phillips v. Michael J. Astrue, Commissioner, Social Security...

Deliberate Indifference in Pretrial Custody: Holden v. Hirner

Date: Feb 17, 2012

Deliberate Indifference in Pretrial Custody: Holden v. Hirner 1. Introduction Holden v. Hirner (663 F.3d 336, 8th Cir. 2012) is a pivotal case addressing the obligations of prison officials to...

Enforceability of Liquidated Damages Clauses in Construction Contracts: Upholding Contractual Provisions in The Weitz Company LLC v. MacKenzie House, LLC

Date: Feb 11, 2012

Enforceability of Liquidated Damages Clauses in Construction Contracts: Upholding Contractual Provisions in The Weitz Company LLC v. MacKenzie House, LLC Introduction The Weitz Company LLC v....

Res Judicata in Federal Constitutional Claims: Ashanti v. City of Golden Valley

Date: Jan 28, 2012

Res Judicata in Federal Constitutional Claims: Ashanti v. City of Golden Valley Introduction The case of LaVera Granetha Ashanti v. City of Golden Valley, 666 F.3d 1148 (8th Cir. 2012), centers on...