8th Circuit Case Commentaries

Imaging Enhanced Disability Evaluations: Insights from Wiese v. Astrue

Date: Jan 17, 2009

Imaging Enhanced Disability Evaluations: Insights from Wiese v. Astrue Introduction The case of Christina M. Wiese v. Michael J. Astrue, Commissioner of Social Security, adjudicated by the United...

Establishing Boundaries of Attorney-Client Relationships in Loan Participation Agreements: Insights from Leonard et al. v. Dorsey Whitney LLP

Date: Jan 16, 2009

Establishing Boundaries of Attorney-Client Relationships in Loan Participation Agreements: Insights from Leonard et al. v. Dorsey Whitney LLP Introduction The case of Leonard et al. v. Dorsey Whitney...

United States v. Howell and Thomas: Eighth Circuit Upholds SORNA & §2250 Under Commerce Clause

Date: Jan 14, 2009

United States v. Howell and Thomas: Eighth Circuit Upholds SORNA & §2250 Under Commerce Clause Introduction In United States of America v. David Matthew Howell and United States of America v. Charles...

Limits on District Court’s Authority to Reduce Sentences Under 18 U.S.C. § 3582(c): United States v. Starks

Date: Jan 14, 2009

Limits on District Court’s Authority to Reduce Sentences Under 18 U.S.C. § 3582(c): United States v. Starks Introduction United States v. Mar (551 F.3d 839) is a pivotal case adjudicated by the...

Liberty Life Assurance Co. v. Willcox: Establishing Standards for ERISA Discretion Abuse

Date: Jan 13, 2009

Liberty Life Assurance Co. v. Willcox: Establishing Standards for ERISA Discretion Abuse Introduction In the landmark case Theresa Willcox v. Liberty Life Assurance Company of Boston, the United...

Affirmation of RLUIPA Claim Denial for Inmate Religious Practices under Settlement Agreement

Date: Jan 9, 2009

Affirmation of RLUIPA Claim Denial for Inmate Religious Practices under Settlement Agreement Introduction In the case of Lawrence Gladdson, Darrell Smith, and Scott Howrey v. Iowa Department of...

Affirmation of Jurisdictional Limits in Blue Cross v. Little Rock: Analyzing Ancillary Enforcement Jurisdiction and the All Writs Act

Date: Jan 8, 2009

Affirmation of Jurisdictional Limits in Blue Cross v. Little Rock: Analyzing Ancillary Enforcement Jurisdiction and the All Writs Act Introduction In Arkansas Blue Cross and Blue Shield v. Little...

Liability of Pharmaceutical Manufacturers for Methamphetamine-Related Government Costs Established in ASHLEY COUNTY v. Pfizer, Inc.

Date: Jan 6, 2009

Liability of Pharmaceutical Manufacturers for Methamphetamine-Related Government Costs Established in ASHLEY COUNTY v. Pfizer, Inc. Introduction In the landmark case Ashley County, Arkansas et al. v....

Federal Preemption of State Claims in Medical Device Litigation: Analysis of In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation

Date: Jan 6, 2009

Federal Preemption of State Claims in Medical Device Litigation: Analysis of In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation Introduction The case of In re Medtronic, Inc....

Enhancing Access to Class Certification Information in FLSA Cases: Knutson v. Blue Cross and Blue Shield of Minnesota

Date: Dec 30, 2008

Enhancing Access to Class Certification Information in FLSA Cases: Knutson v. Blue Cross and Blue Shield of Minnesota Introduction In the landmark case of Knutson v. Blue Cross and Blue Shield of...

Controlling Weight of Treating Physician's Medical Opinions in Social Security Disability Cases: Analysis of Ste v. n T. Owen

Date: Dec 30, 2008

Controlling Weight of Treating Physician's Medical Opinions in Social Security Disability Cases: Analysis of Ste v. n T. Owen Introduction In Ste v. n T. Owen, 551 F.3d 792 (8th Cir. 2008), the...

Eighth Circuit Upholds Employer’s Call-In Policy Compliance in FMLA Dispute: Bacon v. Hennepin County Medical Center

Date: Dec 23, 2008

Eighth Circuit Upholds Employer’s Call-In Policy Compliance in FMLA Dispute: Bacon v. Hennepin County Medical Center Introduction Bacon v. Hennepin County Medical Center (550 F.3d 711) is a pivotal...

Qualified and Official Immunity in Foster Care Liability: McLean v. Gordon

Date: Dec 2, 2008

Qualified and Official Immunity in Foster Care Liability: McLean v. Gordon Introduction The case of Brandie McLEAN, Plaintiff-Appellee, versus Mark Gordon, Treva Gordon, and the Missouri Department...

Comprehensive Commentary on United States v. Colin Spotted Elk et al.

Date: Nov 27, 2008

United States v. Colin Spotted Elk et al.: Fourth and Sixth Amendment Implications Introduction The case of United States of America v. Colin Spotted Elk, et al., decided by the United States Court...

Substantial Evidence and Credibility in Disability Claims: Eighth Circuit Upholds Denial in Finch v. Astrue

Date: Nov 25, 2008

Substantial Evidence and Credibility in Disability Claims: Eighth Circuit Upholds Denial in Finch v. Astrue Introduction The case of Gary W. Finch v. Michael J. Astrue, Commissioner of Social...

Termination of Consent Decree in Prison Medical Care: HINES v. ANDERSON

Date: Nov 22, 2008

Termination of Consent Decree in Prison Medical Care: HINES v. ANDERSON Introduction In the landmark case Howard Lansing HINES; Robert Monge; Emil Johnson; Wardell Hicks; and on behalf of all others...

Interference and Retaliation under the FMLA: Insights from Phillips v. Mathews

Date: Nov 19, 2008

Interference and Retaliation under the FMLA: Insights from Phillips v. Mathews 1. Introduction In Phillips v. Mathews, the United States Court of Appeals for the Eighth Circuit addressed critical...

Eighth Circuit Tightens 'Good Cause' Standard for Remand in Disability Claims under 42 U.S.C. § 405(g)

Date: Nov 7, 2008

Eighth Circuit Tightens 'Good Cause' Standard for Remand in Disability Claims under 42 U.S.C. § 405(g) Introduction The case of Bruce Mouser v. Michael J. Astrue, Commissioner, Social Security...

PHELPS-ROPER v. NIXON: Redefining First Amendment Protections in Funeral Picketing

Date: Nov 1, 2008

PHELPS-ROPER v. NIXON: Redefining First Amendment Protections in Funeral Picketing Introduction PHELPS-ROPER v. NIXON, 545 F.3d 685 (8th Cir. 2008), is a landmark case that addresses the balance...

Clarification of "Applicable Commitment Period" as a Temporal Requirement under BAPCPA: IN RE FREDERICKSON

Date: Oct 28, 2008

Clarification of "Applicable Commitment Period" as a Temporal Requirement under BAPCPA: IN RE FREDERICKSON Introduction In the landmark case In re Craig Matthew Frederickson, Debtor, the United...