8th Circuit Case Commentaries

Reaffirming Credibility Assessments in Social Security Disability Claims: The Clevenger v. SSA Decision

Date: Jun 5, 2009

Reaffirming Credibility Assessments in Social Security Disability Claims: The Clevenger v. SSA Decision Introduction The case of Sharon R. Clevenger v. Social Security Administration (567 F.3d 971)...

Presumption of Receipt for CM/ECF Electronic Notices in Reopening Appeals

Date: Jun 5, 2009

Presumption of Receipt for CM/ECF Electronic Notices in Reopening Appeals Introduction The case of American Boat Company, Inc.; Underwriters Insurance Company; Navigators Insurance Company v. Unknown...

Balancing Security and Privacy: Eighth Circuit Upholds Facility-Wide Visual Body-Cavity Searches for Sexually Dangerous Persons

Date: Jun 4, 2009

Balancing Security and Privacy: Eighth Circuit Upholds Facility-Wide Visual Body-Cavity Searches for Sexually Dangerous Persons Introduction The case of Luis A. Serna v. Kevin Goodno & Jerry...

Eighth Circuit Affirms Denial of Preliminary Injunction in CDI Energy Services v. West River Pumps

Date: May 30, 2009

Eighth Circuit Affirms Denial of Preliminary Injunction in CDI Energy Services v. West River Pumps Introduction The case of CDI Energy Services, Inc. v. West River Pumps, Inc. (567 F.3d 398)...

Affirmation of Denial in FLSA Overtime Claims: Burden of Proof and Constructive Knowledge

Date: May 29, 2009

Affirmation of Denial in FLSA Overtime Claims: Burden of Proof and Constructive Knowledge Introduction In the case of Charles Hertz et al. v. Woodbury County, Iowa, the plaintiffs, comprising seven...

Affirmation of Reasonable Suspicion in Vehicle Stops During Warrant Execution: U.S. v. Martinez-Cortes

Date: May 23, 2009

Affirmation of Reasonable Suspicion in Vehicle Stops During Warrant Execution: U.S. v. Martinez-Cortes Introduction United States of America v. Luis F. Martinez-Cortes is a pivotal case adjudicated...

Clarifying Racial Discrimination under 42 U.S.C. §1981 in Retail Settings: Gregory et al. v. Dillard's, Inc.

Date: May 13, 2009

Clarifying Racial Discrimination under 42 U.S.C. §1981 in Retail Settings: Gregory et al. v. Dillard's, Inc. Introduction The appellate decision in Gregory et al. v. Dillard's, Inc. marks a...

Substantial Evidence Misapplication in Disability Benefits: Pate-Fires v. Astrue

Date: May 7, 2009

Substantial Evidence Misapplication in Disability Benefits: Pate-Fires v. Astrue Introduction Donna Pate-Fires v. Michael J. Astrue is a landmark case adjudicated by the United States Court of...

NITRO DISTRIBUTING, INC. v. ALTICOR, INC.: Eighth Circuit Upholds Summary Judgment in Antitrust and RICO Claims

Date: May 5, 2009

NITRO DISTRIBUTING, INC. v. ALTICOR, INC.: Eighth Circuit Upholds Summary Judgment in Antitrust and RICO Claims Introduction In Nitro Distributing, Inc.; West Palm Convention Services, Inc.; Netco,...

Strengthening § 546(e) Exemption for Settlement Payments in Private Leveraged Buyouts

Date: Apr 30, 2009

Strengthening § 546(e) Exemption for Settlement Payments in Private Leveraged Buyouts Introduction The case of Contemporary Industries Corporation (CIC) v. Terry G. Frost et al. addresses pivotal...

Eighth Circuit Establishes Limitation on Use of Medical-Vocational Grids for Severe Mental Impairments in Social Security Disability Claims

Date: Apr 29, 2009

Eighth Circuit Establishes Limitation on Use of Medical-Vocational Grids for Severe Mental Impairments in Social Security Disability Claims Introduction The case of Joy King v. Michael J. Astrue,...

Affirmation of District Court's Denial of Preliminary Injunction in GM v. Harry Brown's: Implications for Dealership Exclusivity Agreements

Date: Apr 17, 2009

Affirmation of District Court's Denial of Preliminary Injunction in GM v. Harry Brown's: Implications for Dealership Exclusivity Agreements Introduction In General Motors Corporation v. Harry...

Affirmation of ERISA's Full and Fair Review Standards in Disability Claims: Midgett v. Washington Group International

Date: Apr 16, 2009

Affirmation of ERISA's Full and Fair Review Standards in Disability Claims: Midgett v. Washington Group International Introduction In Mary Midgett v. Washington Group International Long Term...

Affirmation of District Court's Discretion in Joinder and IIED Claims: Bailey v. Bayer CropScience

Date: Apr 10, 2009

Affirmation of District Court's Discretion in Joinder and IIED Claims: Bailey v. Bayer CropScience Introduction The case of Carl W. Bailey, Sr. v. Bayer CropScience L.P., Greg Moerer, Jamie Jackson...

Mandatory Minimums Override Retroactive Sentencing Guideline Amendments: 8th Circuit Affirms Denial of Sentence Reductions

Date: Apr 10, 2009

Mandatory Minimums Override Retroactive Sentencing Guideline Amendments: 8th Circuit Affirms Denial of Sentence Reductions Introduction In United States of America v. Jasen Byers, Edward D....

Eighth Circuit Ends Clear and Convincing Evidence Requirement for Sentencing Factors in United States v. Villareal-Amarillas

Date: Apr 10, 2009

Eighth Circuit Ends Clear and Convincing Evidence Requirement for Sentencing Factors in United States v. Villareal-Amarillas Introduction In the landmark case United States v. Villareal-Amarillas,...

Strict Enforcement of Rule 9(b) and Notice Requirements in Class Actions: Drobnak v. Andersen Corp.

Date: Apr 7, 2009

Strict Enforcement of Rule 9(b) and Notice Requirements in Class Actions: Drobnak v. Andersen Corp. Introduction The case of Drobnak v. Andersen Corporation (561 F.3d 778, 8th Circuit, 2009) presents...

Reinforcing Summary Judgment and Qualified Immunity Standards in Civil Rights Litigation: Reed v. City of St. Charles

Date: Apr 7, 2009

Reinforcing Summary Judgment and Qualified Immunity Standards in Civil Rights Litigation: Reed v. City of St. Charles Introduction The appellate case of Tommy Eugene Reed v. City of St. Charles,...

Affirmation of False Tax Return Convictions and Sentencing Guidelines in United States v. Aldridge

Date: Apr 4, 2009

Affirmation of False Tax Return Convictions and Sentencing Guidelines in United States v. Aldridge Introduction The case of United States of America v. James Aldridge, decided by the United States...

Jurisdictional Boundaries Between Public and Non-Public Utilities: Central Iowa Power Co. v. MISO

Date: Mar 28, 2009

Jurisdictional Boundaries Between Public and Non-Public Utilities: Central Iowa Power Co. v. MISO Introduction The case of Central Iowa Power Cooperative (CIPCO) v. Midwest Independent Transmission...