8th Circuit Case Commentaries

Affirming Limits on Class Certification for Contractual and Good Faith Breach Claims: Avritt v. Reliastar

Date: Aug 13, 2010

Affirming Limits on Class Certification for Contractual and Good Faith Breach Claims: Avritt v. Reliastar Introduction In the landmark case of Avritt v. Reliastar Life Insurance Company, the United...

Exhaustion of Administrative Remedies Under NFIA: Analysis of GREAT RIVERS HABITAT ALLIANCE v. FEMA

Date: Aug 13, 2010

Exhaustion of Administrative Remedies Under NFIA: Analysis of GREAT RIVERS HABITAT ALLIANCE v. FEMA Introduction In the case of Great Rivers Habitat Alliance and the Adolphus A. Busch Revo-cable...

Feres Doctrine Affirmed for Dual-Status National Guard Technicians in WETHERILL v. GEREN

Date: Aug 12, 2010

Feres Doctrine Affirmed for Dual-Status National Guard Technicians in WETHERILL v. GEREN Introduction Nancy J. Wetherill, a dual-status National Guard technician, filed a lawsuit under Title VII...

Enhancing Flexibility in Party Substitution Under Federal Rule 25(a)(1): A Commentary on In re BAYCOL Products Litigation

Date: Aug 11, 2010

Enhancing Flexibility in Party Substitution Under Federal Rule 25(a)(1): A Commentary on In re BAYCOL Products Litigation Introduction The case of In re BAYCOL Products Litigation. Melinda Torres,...

Cognitive Impairments in Disability Claims: Eighth Circuit Upholds Proper Evaluation in Gragg v. Astrue

Date: Aug 10, 2010

Cognitive Impairments in Disability Claims: Eighth Circuit Upholds Proper Evaluation in Gragg v. Astrue Introduction In the landmark case of Alfred L. Gragg v. Michael J. Astrue, Commissioner of...

Authority to Transfer Juveniles for Adult Prosecution Without Tribal Consent under 18 U.S.C. §5032: Comprehensive Commentary

Date: Aug 6, 2010

Authority to Transfer Juveniles for Adult Prosecution Without Tribal Consent under 18 U.S.C. §5032: Comprehensive Commentary Introduction The case of UNITED STATES of America v. I.L., Juvenile...

Strict Exhaustion of State Remedies in Federal Habeas Corpus: Insights from Welch v. Lund

Date: Aug 6, 2010

Strict Exhaustion of State Remedies in Federal Habeas Corpus: Insights from Welch v. Lund Introduction Welch v. Lund (616 F.3d 756) is a pivotal case adjudicated by the United States Court of Appeals...

Determining Last Responsible Employer in Asbestos Exposure Claims: Brooks v. Electric Boat Corporation

Date: Aug 5, 2010

Determining Last Responsible Employer in Asbestos Exposure Claims: Brooks v. Electric Boat Corporation Introduction Brooks v. Electric Boat Corporation is a pivotal case adjudicated by the...

Anuforo v. Commissioner of Internal Revenue: Establishing Clear Liability for Trust-Fund Recovery Penalties

Date: Aug 5, 2010

Anuforo v. Commissioner of Internal Revenue: Establishing Clear Liability for Trust-Fund Recovery Penalties Introduction The case of Cyril C. Anuforo v. Commissioner of Internal Revenue (614 F.3d...

Summary Judgment Affirmed in Title VII Retaliation Case: Fercello v. Ramsey County

Date: Jul 30, 2010

Summary Judgment Affirmed in Title VII Retaliation Case: Fercello v. Ramsey County Introduction Fercello v. Ramsey County is a pivotal case adjudicated by the United States Court of Appeals for the...

Eighth Circuit Affirms Municipal Authority to Impose Higher Traffic Fines under Home Rule

Date: Jul 28, 2010

Eighth Circuit Affirms Municipal Authority to Impose Higher Traffic Fines under Home Rule Introduction In the landmark case of Bruce Roger Mills v. City of Grand Forks, the United States Court of...

Weighting of Specialized Medical Opinions in Social Security Disability Determinations

Date: Jul 27, 2010

Weighting of Specialized Medical Opinions in Social Security Disability Determinations Introduction The case of Bobbie Brown v. Michael J. Astrue, Commissioner of Social Security (611 F.3d 941)...

Choice-of-Law and Contract Formation in Subcontracting: Insights from Jones Construction Co. v. Hoot General Construction

Date: Jul 23, 2010

Choice-of-Law and Contract Formation in Subcontracting: Insights from Jones Construction Co. v. Hoot General Construction Introduction The case of John T. Jones Construction Co. v. Hoot General...

Eighth Circuit Affirms 'Sight, Sound, and Meaning' Test in Trademark Confusion: Sensient Flavors v. SensoryEffects Flavor Co.

Date: Jul 22, 2010

Eighth Circuit Affirms 'Sight, Sound, and Meaning' Test in Trademark Confusion: Sensient Flavors v. SensoryEffects Flavor Co. Introduction Sensient Technologies Corporation and Sensient Flavors...

Substantial Evidence Upholds Asylum Denial: Xhafer-Mulaj v. Holder

Date: Jul 21, 2010

Substantial Evidence Upholds Asylum Denial: Xhafer-Mulaj v. Holder Introduction In the case of Qendrim Xhafer-Mulaj v. Eric H. Holder, Jr., decided by the United States Court of Appeals for the...

Narrow Application of Missouri's Public Policy Exception in Wrongful Discharge: Eighth Circuit Upholds Summary Judgment in Da v. Frevert

Date: Jul 21, 2010

Narrow Application of Missouri's Public Policy Exception in Wrongful Discharge: Eighth Circuit Upholds Summary Judgment in Da v. Frevert Introduction In the landmark case Da v. Frevert, the United...

Reaffirming the Duty of ALJs to Fully Develop the Record: Vossen v. Astrue

Date: Jul 17, 2010

Reaffirming the Duty of ALJs to Fully Develop the Record: Vossen v. Astrue Introduction In the landmark case of Timothy C. Vossen v. Michael J. Astrue, Commissioner of Social Security, 612 F.3d 1011...

Interpreting the Graves Amendment: Limits on Vicarious Liability and Negligent Entrustment in Vehicle Leasing Cases

Date: Jul 14, 2010

Interpreting the Graves Amendment: Limits on Vicarious Liability and Negligent Entrustment in Vehicle Leasing Cases Introduction In the case of Dawn Carton et al. v. General Motors Acceptance...

Affirmation of Life Sentence Under 21 U.S.C. § 841(b)(1)(A) and Validation of Drug Detection Procedures in Scott v. United States

Date: Jul 7, 2010

Affirmation of Life Sentence Under 21 U.S.C. § 841(b)(1)(A) and Validation of Drug Detection Procedures in Scott v. United States Introduction In the landmark case of United States v. Angelo Scott,...

Establishing Boundaries of Reasonable Suspicion and Consent in Fourth Amendment Analysis – Shafer v. United States

Date: Jun 25, 2010

Establishing Boundaries of Reasonable Suspicion and Consent in Fourth Amendment Analysis – Shafer v. United States Introduction United States of America v. David Elby Shafer is a pivotal case...