8th Circuit Case Commentaries

8th Circuit Clarifies Standard for State Securities Claims: Negligence Suffices Over Scienter – Trooien v. Mansour & Roitblat

Date: Jun 18, 2010

8th Circuit Clarifies Standard for State Securities Claims: Negligence Suffices Over Scienter – Trooien v. Mansour & Roitblat Introduction The case of Gerald L. Trooien v. Peter Mansour; Barry...

Deliberate Indifference in Jail Safety: Analysis of Davis v. Oregon County

Date: Jun 11, 2010

Deliberate Indifference in Jail Safety: Analysis of Davis v. Oregon County Introduction Davis v. Oregon County is a significant appellate decision by the United States Court of Appeals for the Eighth...

Impact of Substance Abuse on Disability Determination: Kluesner v. Astrue

Date: Jun 11, 2010

Impact of Substance Abuse on Disability Determination: Kluesner v. Astrue Introduction The case of Christopher C. Kluesner v. Michael J. Astrue, Commissioner of Social Security (607 F.3d 533)...

Intent-to-Harm Standard Affirmed in Substantive Due Process Claims: Sitzes v. City of West Memphis

Date: Jun 5, 2010

Intent-to-Harm Standard Affirmed in Substantive Due Process Claims: Sitzes v. City of West Memphis Introduction In the landmark case Sitzes v. City of West Memphis, the United States Court of Appeals...

Business Relationships and Personal Jurisdiction: The Eighth Circuit's Ruling in WELLS DAIRY v. Food Movers International

Date: Jun 3, 2010

Business Relationships and Personal Jurisdiction: The Eighth Circuit's Ruling in WELLS DAIRY v. Food Movers International Introduction The case of WELLS DAIRY, Inc. v. Food Movers International, Inc....

Reaffirming Summary Judgment Standards in Discrimination and Hostile Work Environment Claims: Anderson v. Durham D M, L.L.C.

Date: May 27, 2010

Reaffirming Summary Judgment Standards in Discrimination and Hostile Work Environment Claims: Anderson v. Durham D M, L.L.C. Introduction In the landmark case of Richard Anderson v. Durham D M,...

Refining Expert Testimony Standards in Strict Liability: Da v. Barrett; Clean Harbors En Analysis

Date: May 25, 2010

Refining Expert Testimony Standards in Strict Liability: Da v. Barrett; Clean Harbors En Analysis Introduction The case of Da v. Barrett; Clean Harbors En (606 F.3d 975) adjudicated by the United...

Enhancing Surveillance Legality: Insights from United States v. Acosta Marquez

Date: May 22, 2010

Enhancing Surveillance Legality: Insights from United States v. Acosta Marquez Introduction The case of United States of America v. Josue Acosta Marquez (also known as Martin Contreras-Pulido),...

Establishing Probable Cause in Child Exploitation Cases: United States v. Colbert

Date: May 21, 2010

Establishing Probable Cause in Child Exploitation Cases: United States v. Colbert Introduction United States of America v. Donald Gene Colbert is a pivotal case adjudicated by the United States Court...

Preserving Diversity Jurisdiction: Eighth Circuit's Landmark Decision in Northport Health Services v. Rutherford

Date: May 15, 2010

Preserving Diversity Jurisdiction: Eighth Circuit's Landmark Decision in Northport Health Services v. Rutherford Introduction In the pivotal case of Northport Health Services of Arkansas, LLC, et al....

Manning v. American Republic Insurance Company: Affirmation of ERISA Benefits Denial

Date: May 13, 2010

Manning v. American Republic Insurance Company: Affirmation of ERISA Benefits Denial Introduction The case of Kim Iann Manning v. American Republic Insurance Company (ARIC) addresses critical issues...

Carlson v. Astrue: Establishing the Threshold for Medical Equivalence in Disability Claims

Date: May 11, 2010

Carlson v. Astrue: Establishing the Threshold for Medical Equivalence in Disability Claims Introduction The case of Justan Carlson v. Michael J. Astrue, Commissioner of Social Security, adjudicated...

Establishing Reasonable Suspicion in Drug Conspiracy Cases: United States v. Manes & Yancey

Date: May 11, 2010

Establishing Reasonable Suspicion in Drug Conspiracy Cases: United States v. Manes & Yancey Introduction In the landmark case United States of America v. Jackie Manes and Stanton Yancey, the United...

Affirmation of Denied Qualified Immunity in §1983 Claims for Prisoner Rights Violations

Date: May 8, 2010

Affirmation of Denied Qualified Immunity in §1983 Claims for Prisoner Rights Violations Introduction In the case of Timothy Nelson v. Dorn Shuffman et al., adjudicated by the United States Court of...

Deliberate Indifference in Prison Officials: Insights from Whitson v. Stone County Jail

Date: Apr 23, 2010

Deliberate Indifference in Prison Officials: Insights from Whitson v. Stone County Jail Introduction The case of Penny Whitson v. Stone County Jail (602 F.3d 920) presents a significant examination...

Mandamus Relief for Venue Transfer Under 28 U.S.C. § 1404(a): In re APPLE, INC.

Date: Apr 20, 2010

Mandamus Relief for Venue Transfer Under 28 U.S.C. § 1404(a): In re APPLE, INC. Introduction The case of In re APPLE, INC. centers on Apple's petition for a writ of mandamus to compel the transfer of...

Affirmed Dismissal of §1983 Claims Due to Res Judicata and Insufficient Pleading in Zutz and Elseth v. Nelson et al.

Date: Apr 16, 2010

Affirmed Dismissal of §1983 Claims Due to Res Judicata and Insufficient Pleading in Zutz and Elseth v. Nelson et al. Introduction In the case of Loren J. Zutz; Elden J. Elseth v. John Nelson; Arlyn...

Fraudulent Inducement Overrides No-Reliance Clauses in Arkansas Settlement Agreements

Date: Apr 16, 2010

Fraudulent Inducement Overrides No-Reliance Clauses in Arkansas Settlement Agreements Introduction The case of William Blankenship, Jr. v. USA Truck, Inc. adjudicated by the United States Court of...

Affirming the Five-Step Evaluation and Substantial Evidence Standard in Disability Claims: Regina K. Dipple v. Commissioner of Social Security

Date: Apr 15, 2010

Affirming the Five-Step Evaluation and Substantial Evidence Standard in Disability Claims: Regina K. Dipple v. Commissioner of Social Security Introduction The case of Regina K. Dipple v. Michael J....

Enhanced Protections for Pretrial Detainees: Morris v. Zefferi

Date: Apr 14, 2010

Enhanced Protections for Pretrial Detainees: Morris v. Zefferi Introduction Morris v. Zefferi is a pivotal case decided by the United States Court of Appeals for the Eighth Circuit on April 13, 2010....