8th Circuit Case Commentaries

Insufficient Personal Jurisdiction in Wrongful Death Action: Miller v. Nippon Carbon Company

Date: Jun 19, 2008

Insufficient Personal Jurisdiction in Wrongful Death Action: Miller v. Nippon Carbon Company Introduction The case of Vickie Miller v. Nippon Carbon Company, Ltd. revolves around a wrongful death...

Affirming Summary Judgment Standards in Age Discrimination and First Amendment Claims: Insights from Wingate v. Gage County School District

Date: Jun 17, 2008

Affirming Summary Judgment Standards in Age Discrimination and First Amendment Claims: Insights from Wingate v. Gage County School District Introduction The case of Nancy J. Wingate v. Gage County...

Temporal Proximity Insufficient for Retaliation Claims: An Analysis of Hervey v. County of Koochiching

Date: Jun 10, 2008

Temporal Proximity Insufficient for Retaliation Claims: An Analysis of Hervey v. County of Koochiching Introduction The case of Florence Hervey v. County of Koochiching; Sheriff Duane Nelson, decided...

Exclusion of Supplemental Expert Testimony in Medical Malpractice Litigation: Wegener v. Johnson

Date: Jun 7, 2008

Exclusion of Supplemental Expert Testimony in Medical Malpractice Litigation: Wegener v. Johnson Introduction In the case of Angela Wegener v. Dean E. Johnson, the United States Court of Appeals for...

Craig Outdoor v. Viacom Outdoor: Defining Continuity in RICO Claims for Commercial Fraud

Date: Jun 5, 2008

Craig Outdoor v. Viacom Outdoor: Defining Continuity in RICO Claims for Commercial Fraud Introduction In the case of Craig Outdoor Advertising, Inc. et al. v. Viacom Outdoor, Inc. et al., the United...

Revocation of Supervised Release for Assault on Law Enforcement: Insights from United States v. Perkins

Date: Jun 3, 2008

Revocation of Supervised Release for Assault on Law Enforcement: Insights from United States v. Perkins 1. Introduction United States of America v. Mark A. Perkins is a pivotal case adjudicated by...

Establishing Standards for Excessive Force in Correctional Facilities: Walker v. Bowersox and Others

Date: May 31, 2008

Establishing Standards for Excessive Force in Correctional Facilities: Walker v. Bowersox and Others Introduction The case of Darrin Scott Walker v. Michael Bowersox et al. addresses critical issues...

Bureau of Prisons' Discretion in RRC Placements Affirmed by Eighth Circuit

Date: May 31, 2008

Bureau of Prisons' Discretion in RRC Placements Affirmed by Eighth Circuit Introduction The case Miller v. Whitehead, formally known as Gary H. Miller, et al., Appellants, v. J.D. Whitehead, Warden,...

Dischargeability of Wrongful-Death Debts Under 11 U.S.C. § 523(a)(6): In re Denise Irene Patch Commentary

Date: May 30, 2008

Dischargeability of Wrongful-Death Debts Under 11 U.S.C. § 523(a)(6): In re Denise Irene Patch Commentary Introduction The case In re Denise Irene Patch, Debtor is a pivotal decision by the United...

Balancing Sanctions Under Fed. R. Civ. P. 41(b): Eighth Circuit's Landmark Reversal in Smith v. Gold Dust Casino

Date: May 28, 2008

Balancing Sanctions Under Fed. R. Civ. P. 41(b): Eighth Circuit's Landmark Reversal in Smith v. Gold Dust Casino Introduction The case of Larry Ray Smith v. Gold Dust Casino, Full House, Inc., Harry...

Determining Causation in Retaliation Claims: Insights from Van Horn v. Best Buy

Date: May 24, 2008

Determining Causation in Retaliation Claims: Insights from Van Horn v. Best Buy Introduction In the landmark case Ashlie E. Van Horn v. Best Buy Stores, L.P.; Jeff Clark, Appellees, 526 F.3d 1144...

Robson v. Astrue: Affirming the Substantial Evidence Standard and Proper Use of Hypotheticals in Social Security Disability Claims

Date: May 22, 2008

Robson v. Astrue: Affirming the Substantial Evidence Standard and Proper Use of Hypotheticals in Social Security Disability Claims Introduction Deborah Robson, a 55-year-old claimant, sought...

Affirmation of Conspiracy and Money Laundering Convictions in Hudspeth v. United States: Implications for Search Warrant Validity and Criminal Liability

Date: May 20, 2008

Affirmation of Conspiracy and Money Laundering Convictions in Hudspeth v. United States: Implications for Search Warrant Validity and Criminal Liability 1. Introduction Hudspeth v. United States, 525...

Eighth Circuit Clarifies Fourth Amendment Implications of Extended Traffic Stops and Subsequent Dog Sniffs

Date: May 15, 2008

Eighth Circuit Clarifies Fourth Amendment Implications of Extended Traffic Stops and Subsequent Dog Sniffs Introduction The case of United States of America v. Ruben Peralez (526 F.3d 1115) serves as...

Strict Standards for Interlocutory Appeals Under 28 U.S.C. § 1292(b): Union County v. Piper Jaffray

Date: May 14, 2008

Strict Standards for Interlocutory Appeals Under 28 U.S.C. § 1292(b): Union County v. Piper Jaffray Introduction Union County, Iowa v. Piper Jaffray Co., Inc., 525 F.3d 643 (8th Cir. 2008), presents...

Affirmation of Bankruptcy Court Decisions in Tri-State Financial v. Lovald and Murphy Brothers

Date: May 14, 2008

Affirmation of Bankruptcy Court Decisions in Tri-State Financial v. Lovald and Murphy Brothers Introduction The case of Tri-State Financial, LLC v. John S. Lovald; Murphy Brothers (525 F.3d 649) was...

Substantial Evidence and Credibility Evaluations Affirmed in Social Security Disability Case: Steed v. Astrue

Date: May 7, 2008

Substantial Evidence and Credibility Evaluations Affirmed in Social Security Disability Case: Steed v. Astrue Introduction The case of Pamela Steed v. Michael J. Astrue, Commissioner, Social Security...

Benton v. Merrill Lynch: Affirmed Dismissal of Securities Act and Fraud Claims Due to Lack of Material Aid and Knowledge

Date: May 6, 2008

Benton v. Merrill Lynch: Affirmed Dismissal of Securities Act and Fraud Claims Due to Lack of Material Aid and Knowledge Introduction The case William B. Benton et al. v. Merrill Lynch Company, Inc....

Eighth Circuit Reinforces Rigorous Standards for Default Judgment Damages

Date: May 1, 2008

Eighth Circuit Reinforces Rigorous Standards for Default Judgment Damages Introduction In the appellate case of James P. Stephenson, Trustee for the Estate of MJK Clearing, Inc. v. Ramy El-Batrawi,...

Defining Adverse Employment Actions Under the ADA: Insights from Buboltz v. Residential Advantages, Inc.

Date: Apr 19, 2008

Defining Adverse Employment Actions Under the ADA: Insights from Buboltz v. Residential Advantages, Inc. Introduction In the landmark case of Monica Buboltz v. Residential Advantages, Inc., 523 F.3d...