8th Circuit Case Commentaries

Limits on Retroactive Relief for Sentencing Guideline Misapplications: United States v. Sun Bear

Date: Jul 13, 2011

Limits on Retroactive Relief for Sentencing Guideline Misapplications: United States v. Sun Bear Introduction The case of Marlon Dale Sun Bear v. United States of America (644 F.3d 700) addressed...

Standing to Intervene Under Rule 24 in Establishment Clause Cases: ACLU v. Tarek ibn Ziyad Academy

Date: Jul 8, 2011

Standing to Intervene Under Rule 24 in Establishment Clause Cases: ACLU v. Tarek ibn Ziyad Academy Introduction The case titled American Civil Liberties Union of Minnesota v. Tarek ibn Ziyad Academy...

Zurn Pex Class Action Certification: Establishing New Standards for Warranty and Negligence Claims

Date: Jul 7, 2011

Zurn Pex Class Action Certification: Establishing New Standards for Warranty and Negligence Claims Introduction The case of IN RE ZURN PEX PLUMBING PRODUCTS LIABILITY LITIGATION (644 F.3d 604, 8th...

Establishing Jurisdiction and Standing in Collective Bargaining Disputes: ABF Freight System, Inc. v. International Brotherhood of Teamsters

Date: Jul 7, 2011

Establishing Jurisdiction and Standing in Collective Bargaining Disputes: ABF Freight System, Inc. v. International Brotherhood of Teamsters Introduction The case of ABF Freight System, Inc. v....

Exhaustion of State Remedies in Habeas Corpus: The GRASS v. REITZ Decision

Date: Jul 6, 2011

Exhaustion of State Remedies in Habeas Corpus: The GRASS v. REITZ Decision Introduction GRASS v. REITZ, 643 F.3d 579 (8th Cir. 2011), is a pivotal decision by the United States Court of Appeals for...

Strict Enforcement of Federal Rules 8 and 11: Dismissing 'Kitchen-Sink' Complaints

Date: Jul 1, 2011

Strict Enforcement of Federal Rules 8 and 11: Dismissing 'Kitchen-Sink' Complaints Introduction The case of Mikhail Gurman et al. v. Metro Housing and Redevelopment Authority et al. adjudicated in...

MINNEAPOLIS FIREFIGHTERS' RELIEF v. Patel: Reinforcing Disclosure and Scienter Standards under the PSLRA

Date: Jun 18, 2011

MINNEAPOLIS FIREFIGHTERS' RELIEF v. Patel: Reinforcing Disclosure and Scienter Standards under the PSLRA Introduction In MINNEAPOLIS FIREFIGHTERS' RELIEF ASSOCIATION v. Mahendra A. Patel, the United...

Eighth Circuit Reinforces Retaliation Protections Under Title VII: Analysis of Pye v. NuAire, Inc.

Date: Jun 18, 2011

Eighth Circuit Reinforces Retaliation Protections Under Title VII: Analysis of Pye v. NuAire, Inc. Introduction The case of Lionel Pye v. NuAire, Inc., decided by the United States Court of Appeals...

Affirmation of Legitimate Business Reasons in ADEA RIF Cases: Mo-Tech Corp. v. Rahlf et al.

Date: Jun 17, 2011

Affirmation of Legitimate Business Reasons in ADEA RIF Cases: Mo-Tech Corp. v. Rahlf et al. Introduction The case of Richard Rahlf, Frank Stelter, Scott Johnson vs. Mo-Tech Corp., Inc. centers on...

Eighth Circuit Upholds Summary Judgment in Bard's Defense of GPO Contracts under Antitrust Laws

Date: Jun 9, 2011

Eighth Circuit Upholds Summary Judgment in Bard's Defense of GPO Contracts under Antitrust Laws Introduction In the landmark case of Southeast Missouri Hospital, Plaintiff, Saint Francis Medical...

Qualified Immunity in Excessive Force Claims: Ke v. Chambers Establishes Key Precedent

Date: Jun 7, 2011

Qualified Immunity in Excessive Force Claims: Ke v. Chambers Establishes Key Precedent Introduction Ke v. Chambers, 641 F.3d 898 (8th Cir. 2011) is a pivotal case in the realm of Fourth Amendment...

Affirmation of Federal Standards in RFC Assessment and Due Process in Social Security Disability Appeals: The Ruling in Martise v. Astrue

Date: Jun 7, 2011

Affirmation of Federal Standards in RFC Assessment and Due Process in Social Security Disability Appeals: The Ruling in Martise v. Astrue Introduction Toni Martise filed an appeal against the...

Affirmation of Summary Judgment in Employment Discrimination Case: Torgerson and Mundell v. City of Rochester

Date: Jun 2, 2011

Affirmation of Summary Judgment in Employment Discrimination Case: Torgerson and Mundell v. City of Rochester Introduction In the case of Torgerson and Mundell v. City of Rochester, appellants David...

Affirmation of Mail Fraud and Conspiracy Convictions in Equity-Stripping Scheme

Date: May 24, 2011

Affirmation of Mail Fraud and Conspiracy Convictions in Equity-Stripping Scheme Introduction In the case of United States of America v. Michael Fiorito, the United States Court of Appeals for the...

Establishing Scope of Employment for Vicarious Liability: Insights from Rau v. Roberts

Date: May 20, 2011

Establishing Scope of Employment for Vicarious Liability: Insights from Rau v. Roberts Introduction In the landmark case Randy Philip Rau v. Michael David Roberts and City of Minneapolis, the United...

Eighth Circuit Grants Stay Pending Appeal in Brady v. NFL: Implications for Labor Law and Antitrust Jurisprudence

Date: May 17, 2011

Eighth Circuit Grants Stay Pending Appeal in Brady v. NFL: Implications for Labor Law and Antitrust Jurisprudence Introduction The case of Brady v. NFL involves a significant legal dispute between...

Balancing Subjective Claims and Objective Evidence in Social Security Disability Determinations: Teague v. Commissioner of Social Security

Date: May 6, 2011

Balancing Subjective Claims and Objective Evidence in Social Security Disability Determinations: Teague v. Commissioner of Social Security Introduction In Ramona Teague v. Michael J. Astrue,...

Intentional Discrimination Must Be Proven for Compensatory Damages Under ADA: Analysis of Meagley v. City of Little Rock

Date: May 3, 2011

Intentional Discrimination Must Be Proven for Compensatory Damages Under ADA: Analysis of Meagley v. City of Little Rock Case: Terri Meagley, Plaintiff-Appellant, v. City of Little Rock,...

Enhanced First Amendment Protections for Political Speech on Ballot Initiatives

Date: Apr 29, 2011

Enhanced First Amendment Protections for Political Speech on Ballot Initiatives Introduction The case of 281 Care Committee et al. v. Ron Arneson et al., decided by the United States Court of Appeals...

Affirmation of Exhaustion of Administrative Remedies and High Threshold for Hostile Work Environment Claims under Title VII in Dr. Wilkie v. Department of Health and Human Services

Date: Apr 28, 2011

Affirmation of Exhaustion of Administrative Remedies and High Threshold for Hostile Work Environment Claims under Title VII in Dr. Wilkie v. Department of Health and Human Services Introduction Dr....