8th Circuit Case Commentaries

Retaliation and Gender Discrimination in University Hiring Practices: Tyler v. University of Arkansas Board of Trustees

Date: Jan 7, 2011

Retaliation and Gender Discrimination in University Hiring Practices: Tyler v. University of Arkansas Board of Trustees Introduction In the landmark case of Henry O. Tyler v. University of Arkansas...

Eighth Circuit Upholds ALJ's Discretion in Evaluating Conflicting Medical Source Statements in Social Security Disability Claims

Date: Jan 7, 2011

Eighth Circuit Upholds ALJ's Discretion in Evaluating Conflicting Medical Source Statements in Social Security Disability Claims Introduction The case Betty Johnson v. Michael J. Astrue, Commissioner...

Establishing Judicial Precedence in Ineffective Assistance Claims under AEDPA: Analysis of WORTHINGTON v. ROPER

Date: Jan 7, 2011

Establishing Judicial Precedence in Ineffective Assistance Claims under AEDPA: Analysis of WORTHINGTON v. ROPER Introduction In WORTHINGTON v. ROPER (631 F.3d 487), the United States Court of Appeals...

Affirmation of Voluntary Consent and Valid Miranda Waivers in United States v. Vinton

Date: Jan 7, 2011

Affirmation of Voluntary Consent and Valid Miranda Waivers in United States v. Vinton Introduction United States v. William A. Vinton (631 F.3d 476) is a significant appellate decision from the...

Affirmation of Summary Judgment in Veatch v. Bartels Lutheran Home: Establishing Standards for Fourth Amendment Claims under §1983

Date: Dec 29, 2010

Affirmation of Summary Judgment in Veatch v. Bartels Lutheran Home: Establishing Standards for Fourth Amendment Claims under §1983 Introduction In the landmark case of Maxine Gail Veatch; Chris...

Kurka v. Iowa County: Reinforcing Strict Enforcement of Fed. R. Civ. P. 4(m) Time Limits for Service of Summons

Date: Dec 16, 2010

Kurka v. Iowa County: Reinforcing Strict Enforcement of Fed. R. Civ. P. 4(m) Time Limits for Service of Summons Introduction The case of Becky S. Kurka v. Iowa County, Iowa; Iowa County Sheriffs...

Strict Enforcement of Discovery Obligations Affirmed in ADT Security Services v. Plaintiffs

Date: Dec 15, 2010

Strict Enforcement of Discovery Obligations Affirmed in ADT Security Services v. Plaintiffs Introduction In the case of ADT Security Services, Inc. v. Cathy Arnold et al., the United States Court of...

Standing and Fiduciary Duties under ERISA: Insights from Brown v. Medtronic, Inc.

Date: Dec 14, 2010

Standing and Fiduciary Duties under ERISA: Insights from Brown v. Medtronic, Inc. Introduction The case of Mark Brown v. Medtronic, Inc. addresses critical issues surrounding Employee Retirement...

Fraudulent Joinder in Diversity Jurisdiction: Insights from Junk v. Terminix International Co.

Date: Dec 10, 2010

Fraudulent Joinder in Diversity Jurisdiction: Insights from Junk v. Terminix International Co. Introduction The case of Rene Junk, as parent of a minor, Next Friend TJ. Junk v. Terminix International...

Reaffirmation of Substantial Evidence Standard in SSI Denials: Johnson v. Astrue

Date: Dec 7, 2010

Reaffirmation of Substantial Evidence Standard in SSI Denials: Johnson v. Astrue Introduction In Scott Johnson v. Michael J. Astrue, Social Security Commissioner, 627 F.3d 316 (8th Cir. 2010), the...

Affirmation of Probable Cause and Particularity in Search Warrants: United States v. Thurman

Date: Nov 23, 2010

Affirmation of Probable Cause and Particularity in Search Warrants: United States v. Thurman Introduction United States v. Dale Franklin Thurman is a landmark case adjudicated by the United States...

Summary Judgment Affirmed in Sexual Harassment and Retaliation Case: Alvarez v. Des Moines Bolt Supply, Inc.

Date: Nov 18, 2010

Summary Judgment Affirmed in Sexual Harassment and Retaliation Case: Alvarez v. Des Moines Bolt Supply, Inc. Introduction Veronica Alvarez v. Des Moines Bolt Supply, Inc. is a pivotal case...

Strengthening the Integrity of Search Warrant Affidavits: Eighth Circuit's Decision in United States v. Freeman

Date: Nov 13, 2010

Strengthening the Integrity of Search Warrant Affidavits: Eighth Circuit's Decision in United States v. Freeman Introduction The case of United States v. Clifton Z. Freeman, Jr. (625 F.3d 1049)...

Affirmation of Summary Judgment in Failure-to-Protect §1983 Claims

Date: Nov 13, 2010

Affirmation of Summary Judgment in Failure-to-Protect §1983 Claims Introduction The case of Charles Schoelch v. Emmett Mitchell addresses critical issues surrounding the duty of law enforcement...

Application of the Fruit of the Poisonous Tree Doctrine in Seizure and Miranda Violations: United States v. Villa-Gonzalez

Date: Nov 2, 2010

Application of the Fruit of the Poisonous Tree Doctrine in Seizure and Miranda Violations: United States v. Villa-Gonzalez Introduction In the case United States v. Trinidad Villa-Gonzalez and Jose...

Enforcement of Section 7 of the Clayton Act in Mergers: Insights from Ginsburg v. InBev

Date: Oct 28, 2010

Enforcement of Section 7 of the Clayton Act in Mergers: Insights from Ginsburg v. InBev Introduction The case of Marty GINSBURG, et al., Plaintiffs-Appellants, v. INBEV NV/SA; Anheuser-Busch...

Affirmation of Valid Search Incident to Arrest and Upholding of Sentencing Enhancements in Crack Cocaine Conspiracy Case

Date: Oct 22, 2010

Affirmation of Valid Search Incident to Arrest and Upholding of Sentencing Enhancements in Crack Cocaine Conspiracy Case Introduction In the case of United States of America v. Edward Frank Brewer...

Affirmation of ALJ’s Use of Dictionary of Occupational Titles in Residual Functional Capacity Assessment: Moore v. Astrue

Date: Oct 21, 2010

Affirmation of ALJ’s Use of Dictionary of Occupational Titles in Residual Functional Capacity Assessment: Moore v. Astrue Introduction The case of Sebastian Moore v. Michael J. Astrue, Commissioner...

Clarifying Actual Notice and Qualified Immunity for School Officials in Sexual Abuse Cases: Insights from Doe v. Delight Public Schools

Date: Oct 20, 2010

Clarifying Actual Notice and Qualified Immunity for School Officials in Sexual Abuse Cases: Insights from Doe v. Delight Public Schools Introduction In the landmark case of John Doe, Indi v. Dually...

Affirmation of Qualified Immunity in Dodd v. Ste: Implications for Police Liability under §1983

Date: Oct 19, 2010

Affirmation of Qualified Immunity in Dodd v. Ste: Implications for Police Liability under §1983 Introduction In Michael S. Dodd v. Ste, 623 F.3d 563 (8th Cir. 2010), the United States Court of...