8th Circuit Case Commentaries

States May Allocate FERC-Ordered Refund Costs When FERC Declines to Decide: Eighth Circuit Limits Filed-Rate Preemption and Rejects Dormant Commerce Clause Challenge

Date: Dec 5, 2024

States May Allocate FERC-Ordered Refund Costs When FERC Declines to Decide: Eighth Circuit Limits Filed-Rate Preemption and Rejects Dormant Commerce Clause Challenge Court: U.S. Court of Appeals for...

Eighth Circuit Reaffirms: Indiscriminate Crowd-Control During Ongoing Unrest Does Not Support First Amendment Retaliation or Substantive Due Process Liability

Date: Dec 5, 2024

Eighth Circuit Reaffirms: Indiscriminate Crowd-Control During Ongoing Unrest Does Not Support First Amendment Retaliation or Substantive Due Process Liability Introduction In Stearns v. Wagner, No....

As of 2017, No Clearly Established Law Barring SWAT Execution of No‑Knock Warrants: Eighth Circuit Affirms Qualified Immunity and Rejects Franks Challenge in Davis v. City of Little Rock

Date: Dec 4, 2024

As of 2017, No Clearly Established Law Barring SWAT Execution of No‑Knock Warrants: Eighth Circuit Affirms Qualified Immunity and Rejects Franks Challenge in Davis v. City of Little Rock Introduction...

Extension of Arkansas Statute of Repose to Manufacturers of Standardized Goods: Norfolk & Dedham Mutual Fire Insurance Co. v. Rogers Manufacturing Corp.

Date: Nov 28, 2024

Extension of Arkansas Statute of Repose to Manufacturers of Standardized Goods: Norfolk & Dedham Mutual Fire Insurance Co. v. Rogers Manufacturing Corp. Introduction The case of Norfolk & Dedham...

Affirmation of Conviction in Sexual Exploitation of a Minor Case: United States v. Lemicy

Date: Nov 27, 2024

Affirmation of Conviction in Sexual Exploitation of a Minor Case: United States v. Lemicy Introduction In the case of United States of America Plaintiff - Appellee v. Anthony Lemicy...

Affirmation of Constructive Possession Standards and Sentencing Discretion in Machinegun Cases

Date: Nov 22, 2024

Affirmation of Constructive Possession Standards and Sentencing Discretion in Machinegun Cases Introduction The case of United States of America v. Mar D. Maluoth presents a significant examination...

Eighth Circuit Clarifies PLRA's Exhaustion Mandate for Inmates with Medical Incapacity

Date: Nov 19, 2024

Eighth Circuit Clarifies PLRA's Exhaustion Mandate for Inmates with Medical Incapacity Introduction The case of Tremonti Perry Plaintiff - Appellant v. Anne L. Precythe; Ian Wallace, Warden,...

Affirmation of Valid Traffic Stop and Warrantless Vehicle Search in United States v. Virrueta: A New Precedent on Parolee Searches

Date: Nov 19, 2024

Affirmation of Valid Traffic Stop and Warrantless Vehicle Search in United States v. Virrueta: A New Precedent on Parolee Searches Introduction The case of United States of America Plaintiff -...

Strategic Energy Concepts v. Otoka Energy: Clarifying Contractual Obligations and Tortious Interference in Energy Ventures

Date: Nov 5, 2024

Strategic Energy Concepts v. Otoka Energy: Clarifying Contractual Obligations and Tortious Interference in Energy Ventures Introduction The case of Strategic Energy Concepts, LLC v. Otoka Energy, LLC...

Affirmation of Filed Rate Doctrine in Long-Term Care Insurance Litigation

Date: Sep 21, 2024

Affirmation of Filed Rate Doctrine in Long-Term Care Insurance Litigation Introduction The case of Dennis G. Collins et al. v. Metropolitan Life Insurance Company involves plaintiffs who purchased...

Affirmed Dismissal Under Strict Article III Standing in Employee Claims of Compelled and Chilled Speech during Equity Training

Date: Sep 14, 2024

Affirmed Dismissal Under Strict Article III Standing in Employee Claims of Compelled and Chilled Speech during Equity Training Introduction The case of Brooke Henderson and Jennifer Lumley v....

8th Circuit Reverses Class Certification in Best Execution Claims Against TD Ameritrade

Date: Sep 4, 2024

8th Circuit Reverses Class Certification in Best Execution Claims Against TD Ameritrade Introduction The case of Roderick Ford, Plaintiff - Appellee, versus TD Ameritrade Holding Corporation, TD...

Affirmation of Sentencing Enhancement for Constructive Firearm Possession in Joint Criminal Activity: United States v. Mull

Date: Aug 30, 2024

Affirmation of Sentencing Enhancement for Constructive Firearm Possession in Joint Criminal Activity: United States v. Mull Introduction In the case of United States of America v. Darris Lamar Mull,...

Lockhart v. Siloam Springs: Defining Probable Cause for Careless Driving Under the Fourth Amendment

Date: Aug 27, 2024

Lockhart v. Siloam Springs: Defining Probable Cause for Careless Driving Under the Fourth Amendment Introduction In the appellate decision of Christopher Lockhart Plaintiff - Appellee v. Siloam...

Affirmation of Felon Firearm Possession Conviction in United States v. Cunningham

Date: Aug 17, 2024

Affirmation of Felon Firearm Possession Conviction in United States v. Cunningham Introduction United States of America v. Sylvester Cunningham is a pivotal case decided by the United States Court of...

Affirmation of Presentment Requirements for Federal Detainers: Key Takeaways from United States v. Lowry

Date: Aug 16, 2024

Affirmation of Presentment Requirements for Federal Detainers: Key Takeaways from United States v. Lowry Introduction United States v. Lowry is a pivotal case adjudicated by the United States Court...

Reversing Preliminary Injunction in SF496 Case: A Landmark Decision on First Amendment Rights in Iowa Schools

Date: Aug 10, 2024

Reversing Preliminary Injunction in SF496 Case: A Landmark Decision on First Amendment Rights in Iowa Schools Introduction The case of GLBT Youth in Iowa Schools Task Force, d/b/a as Iowa Safe...

Affirming Felon Firearm Prohibitions Under § 922(g)(1): United States v. Edell Jackson

Date: Aug 9, 2024

Affirming Felon Firearm Prohibitions Under § 922(g)(1): United States v. Edell Jackson Introduction The case of United States of America v. Edell Jackson revolves around the constitutionality and...

Withdrawal of Guilty Plea After Sentencing: Insights from United States v. Berrier

Date: Aug 7, 2024

Withdrawal of Guilty Plea After Sentencing: Insights from United States v. Berrier Introduction United States of America Plaintiff-Appellee v. Jonathan Stacy Berrier Defendant-Appellant is a pivotal...

Application of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021: Eighth Circuit Upholds Exclusion of Arbitration Agreement in Sexual Assault and Harassment Claims

Date: Aug 6, 2024

Application of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021: Eighth Circuit Upholds Exclusion of Arbitration Agreement in Sexual Assault and Harassment Claims...