8th Circuit Case Commentaries

Hulsey v. Astrue: Precedent on Borderline Intellectual Functioning in SSI Disability Evaluations

Date: Oct 16, 2010

Hulsey v. Astrue: Precedent on Borderline Intellectual Functioning in SSI Disability Evaluations Introduction Hulsey v. Astrue, 622 F.3d 917 (8th Cir. 2010), is a landmark case that addresses the...

Eighth Circuit Upholds Federal Preemption in Medtronic Sprint Fidelis Product Liability Case

Date: Oct 16, 2010

Eighth Circuit Upholds Federal Preemption in Medtronic Sprint Fidelis Product Liability Case Introduction The case of Anna Bryant, et al. v. Medtronic, Inc., et al. revolves around product liability...

Affirmation of Qualified Immunity and Probable Cause Standards in Marksmeier v. Davie

Date: Oct 9, 2010

Affirmation of Qualified Immunity and Probable Cause Standards in Marksmeier v. Davie Introduction In the case of Jeffery J. Marksmeier v. Randy Dale Davie, et al., decided by the United States Court...

Eighth Circuit Establishes Necessity for Judicial Explanation in §3582(c)(2) Sentence Reductions: Burrell v. United States

Date: Sep 28, 2010

Eighth Circuit Establishes Necessity for Judicial Explanation in §3582(c)(2) Sentence Reductions: Burrell v. United States Introduction Burrell v. United States (622 F.3d 961, 8th Cir. 2010) serves...

Eighth Circuit Clarifies CAFA's Local-Controversy Exception: Comprehensive Analysis of Significant Defendants in Class Actions

Date: Sep 21, 2010

Eighth Circuit Clarifies CAFA's Local-Controversy Exception: Comprehensive Analysis of Significant Defendants in Class Actions Introduction In the landmark case of Marlene Westerfeld v. Independent...

Affirmation on Duty to Defend under Comprehensive Liability Insurance: Landers Auto Group v. Continental Western Insurance

Date: Sep 18, 2010

Affirmation on Duty to Defend under Comprehensive Liability Insurance: Landers Auto Group v. Continental Western Insurance Introduction The case of Landers Auto Group Number One, Inc., doing business...

Procedural Due Process in Social Security Disability Claims: Analysis of Hurd v. Astrue

Date: Sep 14, 2010

Procedural Due Process in Social Security Disability Claims: Analysis of Hurd v. Astrue Introduction The case of Darryl Hurd v. Michael J. Astrue, decided by the United States Court of Appeals for...

Affirmation of Section 922(g)(3) Constitutionality and Waiver of Appeal Rights: United States v. Seay

Date: Sep 9, 2010

Affirmation of Section 922(g)(3) Constitutionality and Waiver of Appeal Rights: United States v. Seay Introduction In United States of America v. Andrew Xavier Seay (620 F.3d 919, 8th Cir. 2010), the...

Pollution Exclusion in Commercial Liability Insurance: Analysis of Scottsdale Insurance Company v. UCPA

Date: Sep 9, 2010

Pollution Exclusion in Commercial Liability Insurance: Analysis of Scottsdale Insurance Company v. Universal Crop Protection Alliance, LLC Introduction The case of Scottsdale Insurance Company v....

Affirmation of Beneficiary Designation Through Parol Evidence: Conseco Life Insurance Co. v. Eric Williams

Date: Sep 4, 2010

Affirmation of Beneficiary Designation Through Parol Evidence: Conseco Life Insurance Co. v. Eric Williams Introduction The case of Conseco Life Insurance Company v. Eric Williams addresses the...

Eighth Circuit Establishes Viable Disparate Impact Claim under the Fair Housing Act in Gallagher et al. v. City of St. Paul

Date: Sep 2, 2010

Eighth Circuit Establishes Viable Disparate Impact Claim under the Fair Housing Act in Gallagher et al. v. City of St. Paul Introduction In the consolidated cases of Thomas J. Gallagher et al. v....

Affirmation of Probable Cause and Qualified Privilege in Fisher v. Wal-Mart Stores, Inc.

Date: Sep 2, 2010

Affirmation of Probable Cause and Qualified Privilege in Fisher v. Wal-Mart Stores, Inc. Introduction In the landmark case of Melinda R. Fisher v. Wal-Mart Stores, Inc., the United States Court of...

Comprehensive Commentary on Jerri Jones v. Social Security Administration: Establishing Standards for Residual Functional Capacity and Record Development in Disability Claims

Date: Sep 1, 2010

Establishing Standards for Residual Functional Capacity and Record Development in Disability Claims: Insights from Jerri Jones v. Social Security Administration Introduction In the landmark case...

Kirkeberg v. Canadian Pacific Railway: Eighth Circuit Affirms Summary Judgment on ADA and MHRA Claims

Date: Aug 28, 2010

Kirkeberg v. Canadian Pacific Railway: Eighth Circuit Affirms Summary Judgment on ADA and MHRA Claims Introduction In the case of Mike Kirkeberg v. Canadian Pacific Railway, the plaintiff, Mike...

Affirmation of Conspiracy to Commit Wire Fraud: United States v. Alvin Clay

Date: Aug 28, 2010

Affirmation of Conspiracy to Commit Wire Fraud: United States v. Alvin Clay Introduction United States of America v. Alvin Clay (618 F.3d 946) is a notable decision by the United States Court of...

Application of Amendment 706 and Career Offender Guidelines in 18 U.S.C. § 3582(c)(2) Motions: United States v. Washington

Date: Aug 26, 2010

Application of Amendment 706 and Career Offender Guidelines in 18 U.S.C. § 3582(c)(2) Motions: United States v. Washington Introduction In United States v. Timothy C. Washington, 618 F.3d 869 (8th...

Control-Person Liability Without Culpable Participation: Insights from Lustgraaf v. Behrens

Date: Aug 21, 2010

Control-Person Liability Without Culpable Participation: Insights from Lustgraaf v. Behrens Introduction Lustgraaf et al. v. Behrens is a seminal case decided by the United States Court of Appeals...

Duty to Defend in Claims-Made Insurance Policies: Capella University v. ERSIC

Date: Aug 21, 2010

Duty to Defend in Claims-Made Insurance Policies: Capella University v. ERSIC Introduction In the case of Capella University, Inc. v. Executive Risk Specialty Insurance Company (ERSIC), the United...

Eighth Circuit Sets Precedent on Individual Liability for Corporate Obligations in ERISA Cases

Date: Aug 18, 2010

Eighth Circuit Sets Precedent on Individual Liability for Corporate Obligations in ERISA Cases Introduction In the case of Rod Marshall, Trustee of Contractors Laborers, Teamsters and Engineers...

Affirmation of Lack of Qualified Immunity in Excessive Force Case: SHANNON v. KOEHLER et al.

Date: Aug 18, 2010

Affirmation of Lack of Qualified Immunity in Excessive Force Case: SHANNON v. KOEHLER et al. Introduction In the landmark case Timothy Clair Shannon v. Officer Michael Koehler; City of Sioux City;...