8th Circuit Case Commentaries

Deliberate Indifference to Inmate's Medical Needs: Phillip Da v. d SCHAUB, Appellee

Date: Apr 27, 2011

Deliberate Indifference to Inmate's Medical Needs: Phillip Da v. d SCHAUB, Appellee Introduction The case of Phillip Da v. d SCHAUB, Appellee (638 F.3d 905) presents a significant examination of the...

Eighth Circuit Establishes 20% Threshold for Tip Credit Applicability under FLSA

Date: Apr 22, 2011

Eighth Circuit Establishes 20% Threshold for Tip Credit Applicability under FLSA Introduction In the landmark decision of Gerald A. Fast et al. v. Applebee's International, Inc., the Eighth Circuit...

Affirming the Substantial Evidence Standard in SSI Denials: Comprehensive Analysis of Partee v. Astrue

Date: Apr 21, 2011

Affirming the Substantial Evidence Standard in SSI Denials: Comprehensive Analysis of Partee v. Astrue Introduction Justin E. Partee appealed the decision of the Social Security Administration (SSA)...

Afirmation of Summary Judgment in Age and Disability Discrimination Claims: Tusing v. Des Moines Independent Community School District

Date: Apr 13, 2011

Afirmation of Summary Judgment in Age and Disability Discrimination Claims: Tusing v. Des Moines Independent Community School District Introduction In the case of Deana Tusing v. Des Moines...

Ineffective Assistance of Counsel and Sentencing Determinations: Analyzing the Tinajero-Ortiz Decision

Date: Apr 9, 2011

Ineffective Assistance of Counsel and Sentencing Determinations: Analyzing the Tinajero-Ortiz Decision Introduction The case of Victor Manuel Tinajero-Ortiz v. United States, 635 F.3d 1100 (8th Cir....

CERCLA § 113(f) as the Exclusive Remedy for Response Cost Recovery in Settled Liability Cases: Morrison Enterprises, LLC and City of Hastings v. Dravo Corporation

Date: Apr 6, 2011

CERCLA § 113(f) as the Exclusive Remedy for Response Cost Recovery in Settled Liability Cases: Morrison Enterprises, LLC and City of Hastings v. Dravo Corporation Introduction The case Morrison...

Summary Judgment Upholding Employer's Enforcement of Company Policies in Pregnancy Discrimination and FMLA Retaliation Claims

Date: Apr 1, 2011

Summary Judgment Upholding Employer's Enforcement of Company Policies in Pregnancy Discrimination and FMLA Retaliation Claims Introduction In the case of Charity L. Wierman v. Casey's General Stores,...

Reversing the Statute of Limitations: Joyce v. Armstrong Teasdale, LLP

Date: Mar 30, 2011

Reversing the Statute of Limitations: Joyce v. Armstrong Teasdale, LLP Introduction In the case of James Joyce v. Armstrong Teasdale, LLP, 635 F.3d 364 (8th Cir. 2011), the United States Court of...

Establishing Boundaries on Police Use of Tasers: McKenney v. Omaha Police Department

Date: Mar 29, 2011

Establishing Boundaries on Police Use of Tasers: McKenney v. Omaha Police Department Introduction In the landmark case of Jelitha McKenney, Individually and as Special Administrator of the Estate of...

Affirmation of Trademark Protection: Community of Christ v. Devon Park Restoration Branch

Date: Mar 22, 2011

Affirmation of Trademark Protection: Community of Christ v. Devon Park Restoration Branch Introduction The case Community of Christ Copyright Corporation; Community of Christ Church, also known as...

Eighth Circuit Reinterprets CAFA's Local Controversy Provision as Abstention Doctrine

Date: Mar 12, 2011

Eighth Circuit Reinterprets CAFA's Local Controversy Provision as Abstention Doctrine Introduction The case of Graphic Communications Local 1B Health Welfare Fund "A"; The Twin Cities Bakery Drivers...

Fraudulent Joinder and Diversity Jurisdiction: An In-Depth Analysis of Knudson v. Systems Painters

Date: Mar 11, 2011

Fraudulent Joinder and Diversity Jurisdiction: An In-Depth Analysis of Knudson v. Systems Painters Introduction The case of John E. Knudson v. Systems Painters, Inc., et al. (634 F.3d 968)...

Reaffirmation of Strickland Standards for Ineffective Assistance of Counsel: Orr v. United States

Date: Mar 4, 2011

Reaffirmation of Strickland Standards for Ineffective Assistance of Counsel: Orr v. United States Introduction The case of United States of America v. Myron DeJuan Orr (636 F.3d 944) adjudicated by...

Lisdahl v. Mayo Foundation: Affirmation of USERRA Protections and Retaliation Standards

Date: Mar 1, 2011

Lisdahl v. Mayo Foundation: Affirmation of USERRA Protections and Retaliation Standards Introduction The case of Chad Leroy Lisdahl, Mike Amendola, and Roger Swor v. Mayo Foundation, et al. examines...

Clarifying Deliberate Indifference: Insights from Reynolds v. Dormire

Date: Feb 19, 2011

Clarifying Deliberate Indifference: Insights from Reynolds v. Dormire Introduction In the landmark case Reynolds v. Dormire, adjudicated by the United States Court of Appeals for the Eighth Circuit...

Double Jeopardy Implications in United States v. Muhlenbruch: Eighth Circuit Establishes Precedent

Date: Feb 18, 2011

Double Jeopardy Implications in United States v. Muhlenbruch: Eighth Circuit Establishes Precedent Introduction United States v. Randall Frederick Muhlenbruch is a pivotal case decided by the United...

Eighth Circuit Clarifies Burden-Shifting Framework in ADEA Claims, Favoring McGinnis Over Erenberg

Date: Jan 29, 2011

Eighth Circuit Clarifies Burden-Shifting Framework in ADEA Claims, Favoring McGinnis Over Erenberg Introduction The case of James A. Haigh v. Gelita USA, Inc. (632 F.3d 464) addressed critical issues...

Deceptive Trade Practices in Charitable Organizations: Insights from WWP, Inc. v. Wounded Warriors Family Support, Inc.

Date: Jan 13, 2011

Deceptive Trade Practices in Charitable Organizations: Insights from WWP, Inc. v. Wounded Warriors Family Support, Inc. Introduction The legal landscape governing charitable organizations is crucial...

Discretionary Function Exception Affirmed: Eighth Circuit Upholds FTCA Jurisdictional Bar in Law Enforcement Conduct Case

Date: Jan 12, 2011

Discretionary Function Exception Affirmed: Eighth Circuit Upholds FTCA Jurisdictional Bar in Law Enforcement Conduct Case Introduction The case of Bonita A. Hart, as Personal Representative of the...

Affirmation of Alter Ego Liability and Attorney's Fees under Missouri's Prompt Payment Act - The Weitz Company v. MH Washington

Date: Jan 8, 2011

Affirmation of Alter Ego Liability and Attorney's Fees under Missouri's Prompt Payment Act Introduction In the case of The Weitz Company, LLC v. MH Washington, LLC, et al. (631 F.3d 510), the United...