8th Circuit Case Commentaries

Eighth Circuit Upholds Retroactive Application of SORNA, Affirming Constitutional Validity

Date: Aug 1, 2008

Retroactive Application of the Sex Offender Registration and Notification Act (SORNA) Upheld by Eighth Circuit Introduction In United States of America, Appellee, v. David Louis May, 535 F.3d 912...

Third-Party Standing Denied in §1983 First Amendment Retaliation Claim: Hodak v. City of St. Peters

Date: Jul 31, 2008

Third-Party Standing Denied in §1983 First Amendment Retaliation Claim: Hodak v. City of St. Peters Introduction Hodak v. City of St. Peters, 535 F.3d 899 (8th Cir. 2008), addresses significant...

Affirmation of AEDPA Deference in Batson Challenges: SMULLS v. ROPER

Date: Jul 30, 2008

Affirmation of AEDPA Deference in Batson Challenges: SMULLS v. ROPER Introduction The case of Herbert Smulls v. Don Roper, decided by the United States Court of Appeals for the Eighth Circuit on July...

Scope of Employment under FTCA: Limits on Federal Correctional Officers' Authority in Arrests

Date: Jul 26, 2008

Scope of Employment under FTCA: Limits on Federal Correctional Officers' Authority in Arrests Introduction Bobby L. Johnson v. United States of America, 534 F.3d 958 (8th Cir. 2008), is a pivotal...

ARMSTRONG v. KEMNA: Establishing New Standards for Ineffective Assistance of Counsel in Subpoenaing Out-of-State Witnesses

Date: Jul 25, 2008

ARMSTRONG v. KEMNA: Establishing New Standards for Ineffective Assistance of Counsel in Subpoenaing Out-of-State Witnesses Introduction ARMSTRONG v. KEMNA, 534 F.3d 857 (8th Cir. 2008), is a pivotal...

Affirmation of Strickland Standards and Competency Assessments in Habeas Corpus Appeals: United States v. Paul

Date: Jul 23, 2008

Affirmation of Strickland Standards and Competency Assessments in Habeas Corpus Appeals: United States v. Paul Introduction In United States v. Paul, 534 F.3d 832 (8th Cir. 2008), the United States...

Comprehensive Commentary on United States v. Jason D. Gray: Adequate Consideration of §3553(a) Factors in Sentencing

Date: Jul 19, 2008

Comprehensive Commentary on United States v. Jason D. Gray: Adequate Consideration of §3553(a) Factors in Sentencing Introduction The case of United States of America v. Jason D. Gray (533 F.3d 942,...

Statute of Limitations and Causation in Warranty and MMPA Claims: Owen v. GM

Date: Jul 18, 2008

Statute of Limitations and Causation in Warranty and MMPA Claims: Owen v. General Motors Corporation Introduction In the case of Timothy C. Owen; Gloria J. Owen v. General Motors Corporation,...

Affirmation of Summary Judgment in Title VII Discrimination Claims: O'Brien & Peterson v. USDA

Date: Jul 17, 2008

Affirmation of Summary Judgment in Title VII Discrimination Claims: O'Brien & Peterson v. USDA Introduction In the landmark case of O'Brien & Peterson v. Department of Agriculture (USDA), the United...

Voluntary Waiver of Miranda Rights and Admission of Prior Convictions: Insights from United States v. Gaddy

Date: Jul 15, 2008

Voluntary Waiver of Miranda Rights and Admission of Prior Convictions: Insights from United States v. Gaddy Introduction United States v. Mark Anthony Gaddy (532 F.3d 783, Eighth Circuit, 2008) is a...

Eighth Circuit Upholds Willful Blindness Standard in Telemarketing Fraud: Key Insights from United States v. Whitehill et al.

Date: Jul 11, 2008

Eighth Circuit Upholds Willful Blindness Standard in Telemarketing Fraud: Key Insights from United States v. Whitehill et al. Introduction The case of United States of America v. Zachery T. Whitehill...

Rule 21 Severance Ensures Preservation of Statute of Limitations: Strandlund v. Hawley

Date: Jul 8, 2008

Rule 21 Severance Ensures Preservation of Statute of Limitations: Strandlund v. Hawley Introduction The case of Lonnie Strandlund, Christopher Holscher, Jeremiah Brendsel, and Richard Krawiecki v....

Dual Certification of Class and Collective Actions under FLSA and IWPCL: Insights from Tyson Foods v. Bouaphakeo et al.

Date: Jul 4, 2008

Dual Certification of Class and Collective Actions under FLSA and IWPCL: Insights from Tyson Foods v. Bouaphakeo et al. Introduction In the case of Peg Bouaphakeo et al. v. Tyson Foods, Inc.,...

Eighth Circuit Reinforces Rule 16(b) on Timely Amendments: Shermans v. Winco Fireworks

Date: Jul 4, 2008

Eighth Circuit Reinforces Rule 16(b) on Timely Amendments: Shermans v. Winco Fireworks Introduction In the landmark case of Shermans v. Winco Fireworks, the United States Court of Appeals for the...

Eighth Circuit Reinforces Abuse of Discretion Standard in ERISA Disability Claims Amid Conflicts of Interest

Date: Jul 3, 2008

Eighth Circuit Reinforces Abuse of Discretion Standard in ERISA Disability Claims Amid Conflicts of Interest Introduction In the landmark case of Russell L. Wakkinen v. Unum Life Insurance Company of...

Eighth Circuit Clarifies Standards for Preliminary Injunctions on State Abortion Statutes in Planned Parenthood v. Rounds

Date: Jun 28, 2008

Eighth Circuit Clarifies Standards for Preliminary Injunctions on State Abortion Statutes in Planned Parenthood v. Rounds Introduction In Planned Parenthood Minnesota, North Dakota, South Dakota;...

Affirmation of Employer's Right to Terminate for Unauthorized Requisition Alteration: Mary Bearden v. International Paper Company

Date: Jun 27, 2008

Affirmation of Employer's Right to Terminate for Unauthorized Requisition Alteration: Mary Bearden v. International Paper Company Introduction The case of Mary Bearden v. International Paper Company...

8th Circuit Remands SSA Disability Case for Proper Evaluation of Mental Retardation Under Listing 112.05D

Date: Jun 24, 2008

8th Circuit Remands SSA Disability Case for Proper Evaluation of Mental Retardation Under Listing 112.05D Introduction The case of Viola Scott, on behalf of Absalom Scott, challenges the denial of...

United States v. Starr: Affirmation of Conviction and Sentencing Standards in Child Exploitation Cases

Date: Jun 24, 2008

United States v. Starr: Affirmation of Conviction and Sentencing Standards in Child Exploitation Cases Introduction In the landmark case of United States of America v. David Evan Starr (533 F.3d...

Defining "Firm Offer of Credit" under FCRA: Comprehensive Analysis of Poehl v. Countrywide and Capital One

Date: Jun 20, 2008

Defining "Firm Offer of Credit" under FCRA: Comprehensive Analysis of Poehl v. Countrywide and Capital One Introduction The case of Clayton R. Poehl, individually and on behalf of all others...