8th Circuit Case Commentaries

Reaffirming Judicial Discretion in Sentencing: United States v. Goodman and the Application of U.S.S.G. § 5K1.1

Date: Apr 15, 2008

Reaffirming Judicial Discretion in Sentencing: United States v. Goodman and the Application of U.S.S.G. § 5K1.1 Introduction United States v. Scott Goodman (556 F. Supp. 2d 1002, United States...

Class Action Certification Denied in Consumer Protection Case: Eighth Circuit Reinforces Rule 23(b)(3) Standards

Date: Apr 10, 2008

Class Action Certification Denied in Consumer Protection Case: Eighth Circuit Reinforces Rule 23(b)(3) Standards Introduction In the landmark case IN RE ST. JUDE MEDICAL, INC., Silzone Heart Valve...

Eighth Circuit Clarifies 'Court of Last Resort' and Limits AEDPA Tolling: Donald Riddle v. Mike Kemna

Date: Apr 9, 2008

Defining the Court of Last Resort and the Scope of Tolling Under AEDPA: Donald Riddle v. Mike Kemna (523 F.3d 850) Introduction In the landmark case of Donald Riddle v. Mike Kemna, decided by the...

Reaffirmation of Retaliation Standards Under Title VII: Recio v. Creighton University

Date: Apr 9, 2008

Reaffirmation of Retaliation Standards Under Title VII: Recio v. Creighton University Introduction In the landmark case of Roxana Recio v. Creighton University, decided by the United States Court of...

Affirming Qualified Immunity in §1983 Procedural Due Process Claims: Joseph D. Amrine v. Brooks et al.

Date: Apr 9, 2008

Affirming Qualified Immunity in §1983 Procedural Due Process Claims: Joseph D. Amrine v. Brooks et al. Introduction The case of Joseph D. Amrine v. George R. Brooks; Thomas J. Brown, III; Richard Lee...

Protective Searches During Traffic Stops: Affirmation of Reasonable Suspicion in Stachowiak v. United States

Date: Apr 4, 2008

Protective Searches During Traffic Stops: Affirmation of Reasonable Suspicion in Stachowiak v. United States Introduction United States v. Thomas Daniel Stachowiak, 521 F.3d 852 (8th Cir. 2008), is a...

Qualified Immunity Affirmed in Seymours v. City of Des Moines: Implications for Fourth Amendment Protections in Child Death Investigations

Date: Mar 26, 2008

Qualified Immunity Affirmed in Seymours v. City of Des Moines: Implications for Fourth Amendment Protections in Child Death Investigations Introduction The case of Seymour v. City of Des Moines (519...

Rigorous Standards for Prima Facie Race Discrimination: Insights from FIELDS v. SHELTER MUTUAL INSURANCE CO.

Date: Mar 26, 2008

Rigorous Standards for Prima Facie Race Discrimination: Insights from FIELDS v. SHELTER MUTUAL INSURANCE COMPANY. Introduction The case of Sheila Fields, Appellant, v. Shelter Mutual Insurance...

Court Upholds Dismissal in Crowell Trust v. Possis Medical: Implications for Securities Fraud Litigation

Date: Mar 22, 2008

Court Upholds Dismissal in Crowell Trust v. Possis Medical: Implications for Securities Fraud Litigation Introduction The case Cornelia I. Crowell GST Trust v. Possis Medical, Inc. (519 F.3d 778),...

Reevaluation of Disability Determinations: Ford v. Astrue Establishes Enhanced Scrutiny on ALJ Credibility Assessments

Date: Mar 14, 2008

Reevaluation of Disability Determinations: Ford v. Astrue Establishes Enhanced Scrutiny on ALJ Credibility Assessments Introduction In June Ford v. Michael J. Astrue, Commissioner, Social Security...

Substantial Evidence and Treating Physician's Opinion: Insights from Hamilton v. Social Security Administration

Date: Mar 11, 2008

Substantial Evidence and Treating Physician's Opinion: Insights from Hamilton v. Social Security Administration Introduction In Rosemary Hamilton v. Michael J. Astrue, Social Security Administration,...

Affirmation of Summary Judgment in Nolan v. Probation and Parole Board: Ex Post Facto, Due Process, and Equal Protection Analysis

Date: Mar 11, 2008

Affirmation of Summary Judgment in Nolan v. Probation and Parole Board: Ex Post Facto, Due Process, and Equal Protection Analysis Introduction In Nolan v. Probation and Parole Board, Roger R. Nolan,...

Enhancing Prisoner Protections: Irving v. Da Establishes Critical Precedents on Eighth Amendment Rights

Date: Mar 8, 2008

Enhancing Prisoner Protections: Irving v. Da Establishes Critical Precedents on Eighth Amendment Rights Introduction Irving v. Da (519 F.3d 441) is a significant case decided by the United States...

Steinbuch v. Cutler: Eighth Circuit Clarifies Personal Jurisdiction in Privacy Tort Cases Involving Publishers

Date: Mar 7, 2008

Steinbuch v. Cutler: Eighth Circuit Clarifies Personal Jurisdiction in Privacy Tort Cases Involving Publishers Introduction In the landmark case of Robert Steinbuch v. Jessica Cutler; Hyperion Books;...

Qualified Immunity in Prisoner Transportation: Randell Brown v. Keith Fortner & Eugene Scott

Date: Mar 5, 2008

Qualified Immunity in Prisoner Transportation: Randell Brown v. Keith Fortner & Eugene Scott Introduction The case of Randell Brown, Plaintiff-Appellee, v. Keith Fortner; Eugene Scott,...

Wilhelm v. Credico: Upholding FDCPA Protections Against Deceptive Threats to Sue Without Proper Disclosure

Date: Mar 4, 2008

Wilhelm v. Credico: Upholding FDCPA Protections Against Deceptive Threats to Sue Without Proper Disclosure Introduction The case of Gregory W. Wilhelm v. Credico, Inc. addresses critical aspects of...

Theodore W. WHITE, Jr. v. Detective Richard McKinley: Eighth Circuit Sets Precedent on Qualified Immunity and Civil Conspiracy Claims under 42 U.S.C. § 1983

Date: Feb 27, 2008

Eighth Circuit Establishes Precedent on Qualified Immunity in Civil Conspiracy and Due Process Claims: White v. McKinley Introduction Theodore W. WHITE, Jr., v. Detecti (519 F.3d 806) is a pivotal...

Establishing Loss Causation in Securities Fraud Claims: Schaaf et al. v. Residential Funding Corporation and Heller Financial

Date: Feb 23, 2008

Establishing Loss Causation in Securities Fraud Claims: Schaaf et al. v. Residential Funding Corporation and Heller Financial Introduction The case of Schaaf et al. v. Residential Funding Corporation...

RLA Arbitration Preempts ERISA Claims: Comprehensive Analysis of Hastings v. Northwest Airlines

Date: Feb 23, 2008

RLA Arbitration Preempts ERISA Claims: Comprehensive Analysis of Hastings v. Northwest Airlines Introduction The case of Neil Hastings; Jennifer Karpiuk v. Gary L. Wilson et al., decided by the...

Mental Incapacity Fails to Toll Title VII EEO Filing Deadlines: Jessie v. Postal Service

Date: Feb 21, 2008

Mental Incapacity Fails to Toll Title VII EEO Filing Deadlines: Jessie v. Postal Service Introduction In the landmark case of Vicky E. Jessie v. John E. Potter, Postmaster General, 516 F.3d 709 (8th...