8th Circuit Case Commentaries

Eighth Circuit Establishes Standards for Excited Utterance and Circumstantial Evidence in Negligence Cases

Date: Apr 14, 2010

Eighth Circuit Establishes Standards for Excited Utterance and Circumstantial Evidence in Negligence Cases Introduction The case of Keith Brunsting and Cheri Brunsting v. Lutsen Mountains Corporation...

Affirmation of Waiver and Rejection of Joint Representation Claims in Ineffective Assistance of Counsel – United States v. Noe

Date: Apr 9, 2010

Affirmation of Waiver and Rejection of Joint Representation Claims in Ineffective Assistance of Counsel – United States v. Noe Introduction United States v. Noe, 601 F.3d 784 (8th Cir. 2010), is a...

Halverson v. Astrue: Assessment of Credibility and Medical Evidence in Disability Claims

Date: Apr 3, 2010

Halverson v. Astrue: Assessment of Credibility and Medical Evidence in Disability Claims Introduction In Kimberly A. Halverson v. Michael J. Astrue, the appellant, Kimberly A. Halverson, challenged...

Exhaustion of Administrative Remedies: Eighth Circuit Upholds Summary Judgment in ERISA Secondary Benefits Dispute

Date: Apr 3, 2010

Exhaustion of Administrative Remedies: Eighth Circuit Upholds Summary Judgment in ERISA Secondary Benefits Dispute Introduction In Diane Chorosevic; Lawrence Chorosevic v. MetLife Choices, the United...

Sinisterra v. United States: Enhanced Scrutiny on Effective Assistance of Counsel in Death Penalty Cases

Date: Apr 2, 2010

Sinisterra v. United States: Enhanced Scrutiny on Effective Assistance of Counsel in Death Penalty Cases Introduction Sinisterra v. United States of America, 600 F.3d 900 (8th Cir. 2010), presents a...

Tortious Interference and Fraud Claims in Contract Dissolution: Standards for Business Expectancy and Damages Under Missouri Law

Date: Mar 30, 2010

Tortious Interference and Fraud Claims in Contract Dissolution: Standards for Business Expectancy and Damages Under Missouri Law Introduction The case of Gregory M. Cole; Cole's Tractor Equipment,...

Qualified Immunity in Eighth Amendment Claims: Insights from Williams v. Jackson

Date: Mar 26, 2010

Qualified Immunity in Eighth Amendment Claims: Insights from Williams v. Jackson Introduction In Eric Williams v. Moses Jackson, the United States Court of Appeals for the Eighth Circuit addressed...

Enhanced Guidelines for Punitive Damages and Attorney Fees in Fair Housing Act Litigation: Quigley v. Winter

Date: Mar 17, 2010

Enhanced Guidelines for Punitive Damages and Attorney Fees in Fair Housing Act Litigation: Quigley v. Winter Introduction The case of Jaymie Quigley v. Dale Winter, adjudicated in the United States...

Substantial Evidence Standard Affirmed in Social Security Disability Denial

Date: Mar 9, 2010

Substantial Evidence Standard Affirmed in Social Security Disability Denial Introduction The case of Wilhemenia Wildman v. Michael J. Astrue, Commissioner of Social Security (596 F.3d 959) represents...

Rodela-Aguilar v. United States: Reevaluation of Ineffective Assistance of Counsel Standards under 28 U.S.C. § 2255

Date: Mar 5, 2010

Rodela-Aguilar v. United States: Reevaluation of Ineffective Assistance of Counsel Standards under 28 U.S.C. § 2255 Introduction In the landmark case of Armando Rodela-Aguilar v. United States of...

Reliability of Hearsay in Sentencing: Insights from United States v. Woods

Date: Mar 4, 2010

Reliability of Hearsay in Sentencing: Insights from United States v. Woods Introduction In the case of United States of America v. Randy E. Woods, adjudicated by the United States Court of Appeals...

Lake v. Yellow Transportation: Eighth Circuit Reinforces Inference of Discrimination in Absence of Clear Employment Policies

Date: Mar 3, 2010

Lake v. Yellow Transportation: Eighth Circuit Reinforces Inference of Discrimination in Absence of Clear Employment Policies Introduction The case of William Lake v. Yellow Transportation, Inc....

Establishing Clearer Boundaries for Arresting Expressive Protesters: Eighth Circuit's Decision in BARIBEAU v. CITY OF MINNEAPOLIS

Date: Feb 25, 2010

Establishing Clearer Boundaries for Arresting Expressive Protesters: Eighth Circuit's Decision in BARIBEAU v. CITY OF MINNEAPOLIS Introduction In the case of BARIBEAU v. CITY OF MINNEAPOLIS, the...

Interpretation of Career Offender Guidelines Under §4B1.1: Insights from King v. United States

Date: Feb 24, 2010

Interpretation of Career Offender Guidelines Under §4B1.1: Insights from King v. United States Introduction The case of Johnnie King v. United States, adjudicated by the United States Court of...

Establishing Requirements for §1983 Conspiracy Claims and Fourth Amendment Probable Cause in Child Custody Cases – Murray v. Lene

Date: Feb 24, 2010

Establishing Requirements for §1983 Conspiracy Claims and Fourth Amendment Probable Cause in Child Custody Cases – Murray v. Lene Introduction Ronald D. Murray, Jr., v. Jason Lene is a pivotal case...

Enhanced Standards for Failure to Train: An Analysis of Parrish v. Sheriff Ron Ball

Date: Feb 11, 2010

Enhanced Standards for Failure to Train: An Analysis of Parrish v. Sheriff Ron Ball Introduction Parrish v. Sheriff Ron Ball, 594 F.3d 993 (8th Cir. 2010), represents a significant judicial...

U.S. v. Butler: Affirmation of Probable Cause and Admissibility of Drug Paraphernalia in Firearm Possession Cases

Date: Feb 10, 2010

U.S. v. Butler: Affirmation of Probable Cause and Admissibility of Drug Paraphernalia in Firearm Possession Cases Introduction In the landmark case of United States v. Byron Darren Butler, 594 F.3d...

Establishing Standards for Severance and Multiplicity in Joint Trials: Insights from United States v. Sandstrom

Date: Jan 30, 2010

Establishing Standards for Severance and Multiplicity in Joint Trials: Insights from United States v. Sandstrom Introduction The case of United States of America v. Steven Sandstrom, adjudicated by...

Application of Missouri's Economic Loss Doctrine to Fraud Claims: Zoltek Corp. v. Structural Polymer Group

Date: Jan 27, 2010

Application of Missouri's Economic Loss Doctrine to Fraud Claims: Zoltek Corp. v. Structural Polymer Group Introduction Zoltek Corporation ("Zoltek"), a manufacturer of carbon fiber, entered into a...

Eighth Circuit Affirms Drug Conspiracy and Money Laundering Convictions, Upholds 'Proceeds' as Gross Revenue

Date: Jan 22, 2010

Affirmation of Conspiracy and Money Laundering Convictions: Eighth Circuit Clarifies Constructive Amendment and Definition of 'Proceeds' in Drug Trafficking Cases Introduction The case of United...