8th Circuit Case Commentaries

Younger Abstention Extends to Associational Plaintiffs in Section 1983 Actions

Date: Jan 12, 2012

Younger Abstention Extends to Associational Plaintiffs in Section 1983 Actions Introduction The case of TONY ALAMO CHRISTIAN MINISTRIES, A Division of Tony and Susan Alamo Foundation, Inc. v. Selig...

Affirmation of Sovereign Immunity Under FSIA: Community Finance Group, Inc. v. Republic of Kenya

Date: Dec 16, 2011

Affirmation of Sovereign Immunity Under FSIA: Community Finance Group, Inc. v. Republic of Kenya Introduction In the case of Community Finance Group, Inc.; Andrew Vilenchik, Appellants, v. Republic...

Defining 'Consumer' Under FDCPA: 8th Circuit Affirms Adequate Verification by Portfolio Recovery Associates

Date: Dec 16, 2011

Defining 'Consumer' Under FDCPA: 8th Circuit Affirms Adequate Verification by Portfolio Recovery Associates Introduction The case of James Dunham v. Portfolio Recovery Associates, LLC addresses...

Deliberate Indifference and Medical Adequacy in Prison §1983 Claims: Insights from Holden v. Hirner

Date: Dec 3, 2011

Deliberate Indifference and Medical Adequacy in Prison §1983 Claims: Insights from Holden v. Hirner Introduction In the landmark case of William Douglas Holden v. Linda Hirner et al., decided by the...

Precision in Pleading RICO Claims under Rule 12(b)(6): Insights from Crest Construction II, Inc. v. On Time Auto

Date: Nov 1, 2011

Precision in Pleading RICO Claims under Rule 12(b)(6): Insights from Crest Construction II, Inc. v. On Time Auto Introduction The case of Crest Construction II, Inc.; Metro Energy, Inc. v. John Doe...

8th Circuit Upholds Nebraska Funeral Picketing Law as Content-Neutral Regulation in Phelps-Roper v. Troutman

Date: Oct 21, 2011

8th Circuit Upholds Nebraska Funeral Picketing Law as Content-Neutral Regulation in Phelps-Roper v. Troutman Introduction Phelps-Roper v. Troutman is a landmark case adjudicated by the United States...

Qualified Immunity and Excessive Force: Insights from Johnson v. Minneapolis Police

Date: Oct 8, 2011

Qualified Immunity and Excessive Force: Insights from Johnson v. Minneapolis Police Introduction The case of Victoria Johnson v. James Steven Carroll et al. (658 F.3d 819) adjudicated by the United...

Ex Post Facto and Due Process Implications in Williams v. Hobbs: A Comprehensive Analysis

Date: Oct 8, 2011

Ex Post Facto and Due Process Implications in Williams v. Hobbs: A Comprehensive Analysis Introduction In Marcel Wayne Williams v. Ray Hobbs, 658 F.3d 842 (8th Cir. 2011), multiple Arkansas death row...

ERISA Claims and RLA Jurisdiction: Affirmation in Sturge v. Northwest Airlines

Date: Oct 8, 2011

ERISA Claims and RLA Jurisdiction: Affirmation in Sturge v. Northwest Airlines Introduction In Caleb R. Sturge v. Northwest Airlines, Inc., 658 F.3d 832 (8th Cir. 2011), the United States Court of...

Yielding v. United States: Upholding Anti-Kickback and Document Falsification Convictions While Vacating Sentencing for Procedural Errors

Date: Oct 6, 2011

Yielding v. United States: Upholding Anti-Kickback and Document Falsification Convictions While Vacating Sentencing for Procedural Errors Introduction In the case of United States of America v. Geff...

Affirmation of Denial of Class Certification and Support for Hostile Environment Claims in Nucor Racial Discrimination Case

Date: Sep 23, 2011

Affirmation of Denial of Class Certification and Support for Hostile Environment Claims in Nucor Racial Discrimination Case Introduction In the landmark case of Cornelius Bennett et al. v. Nucor...

No Evidence of Racial Discrimination or Retaliation in Employment Decision: Ellis Ray Barber v. C1 Truck Driver Training, LLC

Date: Sep 21, 2011

No Evidence of Racial Discrimination or Retaliation in Employment Decision: Ellis Ray Barber v. C1 Truck Driver Training, LLC Introduction The case of Ellis Ray Barber v. C1 Truck Driver Training,...

Rubashkin v. United States: Upholding Financial Fraud and Money Laundering Convictions

Date: Sep 17, 2011

Rubashkin v. United States: Upholding Financial Fraud and Money Laundering Convictions Introduction In the landmark case of Rubashkin v. United States, the United States Court of Appeals for the...

Schmidt v. Des Moines Public Schools: Eighth Circuit Reinforces Due Process and Equal Protection in Custody Disputes

Date: Sep 15, 2011

Schmidt v. Des Moines Public Schools: Eighth Circuit Reinforces Due Process and Equal Protection in Custody Disputes Introduction Schmidt v. Des Moines Public Schools is a landmark case adjudicated...

Mandatory Conversion of Rule 12(b)(6) Motions to Summary Judgment: Insights from Brooks v. Midwest Heart Group

Date: Sep 10, 2011

Mandatory Conversion of Rule 12(b)(6) Motions to Summary Judgment: Insights from Brooks v. Midwest Heart Group Introduction In the landmark case of Rosalind R. Brooks v. Midwest Heart Group, 655 F.3d...

Adjudicatory Capacity under FTCA Requires Evidence of Representative’s Authority

Date: Sep 8, 2011

Adjudicatory Capacity under FTCA Requires Evidence of Representative’s Authority Introduction The case of Nancy MADER, Personal Representative v. of the Estate of Robert Mader, Appellant, reported in...

Enforcement of Class Action Waivers and Arbitration Procedures in Green v. SuperShuttle International

Date: Sep 7, 2011

Enforcement of Class Action Waivers and Arbitration Procedures in Green v. SuperShuttle International Introduction The case of Mack Green et al. v. SuperShuttle International, Inc., 653 F.3d 766 (8th...

Affirmation of Summary Judgment in Quinn v. St. Louis County: Implications for MHRA and FMLA Claims

Date: Sep 7, 2011

Affirmation of Summary Judgment in Quinn v. St. Louis County: Implications for MHRA and FMLA Claims Introduction The case of Ellen Quinn v. St. Louis County (653 F.3d 745) addresses critical issues...

Statute of Limitations for Inverse Condemnation and Trespass Claims Affirmed in Illig v. Union Electric Co.

Date: Sep 1, 2011

Statute of Limitations for Inverse Condemnation and Trespass Claims Affirmed in Illig v. Union Electric Co. Introduction The case of Sarah Illig and Gale Illig v. Union Electric Company revolves...

Boettcher v. Astrue: Establishing the Boundaries of Substantial Evidence in SSI Benefits Determinations

Date: Aug 31, 2011

Boettcher v. Astrue: Establishing the Boundaries of Substantial Evidence in SSI Benefits Determinations Introduction In the case of Rodney D. Boettcher v. Michael J. Astrue, Commissioner of Social...