8th Circuit Case Commentaries

Procedural Default Upholds Denial of Eighth Amendment Claims in Habeas Corpus Petitions: Murphy v. King

Date: Aug 30, 2011

Procedural Default Upholds Denial of Eighth Amendment Claims in Habeas Corpus Petitions: Murphy v. King Introduction John Patrick Murphy appealed his conviction and sentencing from the Minnesota...

Affirmation of Drug Conspiracy Conviction and Life Sentence: Key Legal Insights from United States v. Huggans

Date: Aug 19, 2011

Affirmation of Drug Conspiracy Conviction and Life Sentence: Key Legal Insights from United States v. Huggans, 650 F.3d 1210 (8th Cir. 2011) Introduction In the case of United States v. Darwin...

Eighth Circuit Sets Precedent on Missouri's Statute of Limitations and Nonperpetrator Liability in Childhood Sexual Abuse Cases

Date: Aug 19, 2011

Eighth Circuit Sets Precedent on Missouri's Statute of Limitations and Nonperpetrator Liability in Childhood Sexual Abuse Cases Introduction In the case of Adam Walker v. Bradley T. Barrett;...

Literal Falsity and Injunctive Relief in Minnesota Consumer Protection: Buetow v. A.L.S. Enterprises

Date: Aug 19, 2011

Literal Falsity and Injunctive Relief in Minnesota Consumer Protection: Buetow v. A.L.S. Enterprises 1. Introduction Case: Michael Buetow, et al., individually and on behalf of all other Minnesota...

Enforcement of Missouri Valued Policy Statute: Full Recovery Independent of Insurable Interest Share in Schubert v. Auto Owners Insurance Co.

Date: Aug 13, 2011

Enforcement of Missouri Valued Policy Statute: Full Recovery Independent of Insurable Interest Share in Schubert v. Auto Owners Insurance Co. Introduction Schubert v. Auto Owners Insurance Company is...

Interpretation of 49 U.S.C. § 14103(a): Reimbursement for Lumping Services - Owner-Operator Independent Drivers Association, Inc. v. Supervalu, Inc.

Date: Aug 12, 2011

Interpretation of 49 U.S.C. § 14103(a): Reimbursement for Lumping Services Introduction The case of Owner-Operator Independent Drivers Association, Inc.; Joseph Rajkovacz; Carl Schaefer, LLC v....

Strict Compliance with Discovery and Administrative Remedies in Employment Discrimination: Blakley v. Schlumberger Technology Corporation

Date: Aug 12, 2011

Strict Compliance with Discovery and Administrative Remedies in Employment Discrimination: Blakley v. Schlumberger Technology Corporation Introduction In Relenthis Blakley v. Schlumberger Technology...

Substantial Evidence Upholds ALJ's Denial of Disability Benefits in Perkins v. Astrue

Date: Aug 11, 2011

Substantial Evidence Upholds ALJ's Denial of Disability Benefits in Perkins v. Astrue Introduction In the landmark case of Sherry E. Perkins v. Michael J. Astrue, decided on August 10, 2011, the...

Refining Preliminary Injunction Standards in Physician Privilege Terminations: Roudachevski v. All-American Care Centers

Date: Aug 9, 2011

Refining Preliminary Injunction Standards in Physician Privilege Terminations: Roudachevski v. All-American Care Centers Introduction The case of Evgueni Roudachevski, D.O. v. All-American Care...

Assessing Credibility and Medical Evidence in SSA Disability Denials: Ste v. McCoy

Date: Aug 5, 2011

Assessing Credibility and Medical Evidence in SSA Disability Denials: Ste v. McCoy Introduction The case of Ste v. L. McCoy, heard by the United States Court of Appeals for the Eighth Circuit on...

Establishing Personal Jurisdiction in International Contract Disputes: Insights from KV Pharmaceutical Co. v. J. Uriach & CIA, S.A.

Date: Aug 4, 2011

Establishing Personal Jurisdiction in International Contract Disputes: Insights from KV Pharmaceutical Co. v. J. Uriach & CIA, S.A. Introduction The case of K-V Pharmaceutical Company v. J. Uriach &...

Proper Cancellation of Workers' Compensation Insurance Policy in the Absence of a Bona Fide Dispute

Date: Aug 3, 2011

Proper Cancellation of Workers' Compensation Insurance Policy in the Absence of a Bona Fide Dispute 1. Introduction The case of Triple H Debris Removal, Inc. v. Companion Property and Casualty...

Determining Personal Jurisdiction in Trademark Infringement: Insights from Pangaea, Inc. v. The Flying Burrito LLC

Date: Aug 2, 2011

Determining Personal Jurisdiction in Trademark Infringement: Insights from Pangaea, Inc. v. The Flying Burrito LLC Introduction The case of Pangaea, Inc. v. The Flying Burrito LLC addresses crucial...

Affirmation of Qualified Immunity in Civil Rights Claims: Moore v. City of Desloge

Date: Jul 29, 2011

Affirmation of Qualified Immunity in Civil Rights Claims: Moore v. City of Desloge Introduction The case of Ricky E. Moore v. City of Desloge, Missouri addresses critical issues surrounding civil...

Eighth Circuit Upholds Insurer Discretion in ERISA Long-Term Disability Claims Decision

Date: Jul 23, 2011

Eighth Circuit Upholds Insurer Discretion in ERISA Long-Term Disability Claims Decision Introduction The case of Charles Green v. Union Security Insurance Company explores the extent of an insurance...

Affirmation of Dismissal for Lack of Personal Jurisdiction in Viasystems v. EBM-Papst St. Georgen

Date: Jul 22, 2011

Affirmation of Dismissal for Lack of Personal Jurisdiction in Viasystems v. EBM-Papst St. Georgen Introduction Viasystems, Inc., Appellant, v. EBM-Papst St. Georgen GmbH Co., KG, Appellee. This case...

Affirmation of Qualified Immunity for Agents Enforcing Casino Self-Exclusion Agreements

Date: Jul 20, 2011

Affirmation of Qualified Immunity for Agents Enforcing Casino Self-Exclusion Agreements Introduction In the appellate case of Borgman v. Kedley and Wild Rose Clinton, the United States Court of...

Buckner v. Astrue: Affirmation of ALJ's Discretion in Disability Determinations

Date: Jul 20, 2011

Buckner v. Astrue: Affirmation of ALJ's Discretion in Disability Determinations Introduction Buckner v. Astrue, 646 F.3d 549 (8th Cir. 2011), is a pivotal case that addresses the standards for...

Strengthening Environmental Standing and Injunctive Relief Standards: Sierra Club v. Southwestern Electric Power Company

Date: Jul 15, 2011

Strengthening Environmental Standing and Injunctive Relief Standards: Sierra Club v. Southwestern Electric Power Company Introduction In the landmark case of Sierra Club; National Audubon Society;...

Employer Successfully Defends Termination under USERRA via Conduct-Based Cause in Rademacher v. HBE Corp.

Date: Jul 15, 2011

Employer Successfully Defends Termination under USERRA via Conduct-Based Cause in Rademacher v. HBE Corporation Introduction The case of Bruce N. Rademacher versus HBE Corporation examines the...