8th Circuit Case Commentaries

Affirmation of Summary Judgment in Sexual Harassment Case: Anda v. Wickes Furniture Company

Date: Feb 20, 2008

Affirmation of Summary Judgment in Sexual Harassment Case: Anda v. Wickes Furniture Company Introduction The case of Debra Anda v. Wickes Furniture Company, Inc. presents critical insights into...

Discretionary Function Exception Affirmed in FTCA Action Against Tribal Child Protective Services

Date: Feb 6, 2008

Discretionary Function Exception Affirmed in FTCA Action Against Tribal Child Protective Services Introduction The case of Jessica HINSLEY v. STANDING ROCK CHILD PROTECTIVE SERVICES and the Bureau of...

Halal Dietary Accommodations in Correctional Facilities: Analysis of Patel v. United States Bureau of Prisons

Date: Feb 5, 2008

Halal Dietary Accommodations in Correctional Facilities: Analysis of Patel v. United States Bureau of Prisons Introduction Patel v. United States Bureau of Prisons is a significant case addressing...

Reversal of Qualified Immunity in Moore v. Indehar: Implications for Fourth Amendment Protections

Date: Feb 2, 2008

Reversal of Qualified Immunity in Moore v. Indehar: Implications for Fourth Amendment Protections Introduction In Adam Moore v. Kurt Indehar, 514 F.3d 756 (8th Cir. 2008), the United States Court of...

Substantial Evidence Standard Upholds Removal and Denial of Asylum in Guled v. Mukasey

Date: Feb 1, 2008

Substantial Evidence Standard Upholds Removal and Denial of Asylum in Guled v. Mukasey Introduction Abdikadir Abdillahi Guled (also known by several aliases) brought a legal challenge against Michael...

Enforcement of Contractual Limitation Periods in Third-Party Claims: Titan Tire Corp. v. Pirelli Tire

Date: Jan 30, 2008

Enforcement of Contractual Limitation Periods in Third-Party Claims: Titan Tire Corp. v. Pirelli Tire Introduction The case of Kenneth Eckert v. Titan Tire Corporation delves into the complexities...

Validity of Single-Employee Collective Bargaining Agreements Under Section 301 of the LMRA: Miner v. Teamsters

Date: Jan 26, 2008

Validity of Single-Employee Collective Bargaining Agreements Under Section 301 of the LMRA: Miner v. Teamsters Introduction Miner v. Local #373, International Brotherhood of Teamsters is a...

Eighth Circuit Affirms Denial of Social Security Disability Benefits in Flynn v. Astrue

Date: Jan 18, 2008

Eighth Circuit Affirms Denial of Social Security Disability Benefits in Flynn v. Astrue Introduction Flynn v. Astrue, 513 F.3d 788 (8th Cir. 2008), is a pivotal case adjudicated by the United States...

Rule 60(b) Timing Post-Amended Judgment: Insights from Jones v. Swanson

Date: Jan 17, 2008

Rule 60(b) Timing Post-Amended Judgment: Insights from Jones v. Swanson (512 F.3d 1045) Introduction Richard M. Jones, the plaintiff, filed a lawsuit against Todd V. Swanson under South Dakota's...

Affirming Summary Judgment in First Amendment Retaliation Claims: Morris v. City of Chillicothe

Date: Jan 15, 2008

Affirming Summary Judgment in First Amendment Retaliation Claims: Morris v. City of Chillicothe Introduction The case of Russell J. Morris v. City of Chillicothe involves Russell J. Morris, a former...

Affirmation of Standards for Deliberate Indifference in Correctional Medical Care

Date: Jan 11, 2008

Affirmation of Standards for Deliberate Indifference in Correctional Medical Care Introduction In the landmark appellate case of Leiloni Popoalii v. Correctional Medical Services, the United States...

Clarifying the 'Objectively Serious Medical Need' Standard under the Eighth Amendment: The Jones v. Minnesota Department of Corrections Decision

Date: Jan 10, 2008

Clarifying the 'Objectively Serious Medical Need' Standard under the Eighth Amendment: The Jones v. Minnesota Department of Corrections Decision Introduction The case of Jela D. Jones, Trustee for...

Qualified Immunity in Defamation Claims: Stodghill v. Wellston School District

Date: Jan 10, 2008

Qualified Immunity in Defamation Claims: Stodghill v. Wellston School District Introduction Ronald Stodghill filed a lawsuit against the Wellston School District, its Board of Directors, and members...

Affirmation of 'Some Evidence' Standard in Retaliatory Discipline Claims: Hartsfield v. Nichols et al.

Date: Jan 9, 2008

Affirmation of 'Some Evidence' Standard in Retaliatory Discipline Claims: Hartsfield v. Nichols et al. Introduction In the case of Napoleon Hartsfield, Appellant, v. Deborah Nicholls; Ken Burger,...

Telephone Cross-Examination Suffices in Social Security Disability Hearings: Eighth Circuit Affirms ALJ Decision in Hepp v. Astrue

Date: Jan 8, 2008

Telephone Cross-Examination Suffices in Social Security Disability Hearings: Eighth Circuit Affirms ALJ Decision in Hepp v. Astrue Introduction The case of Cloyd Hepp v. Michael J. Astrue,...

Sappington v. Skyjack: Eighth Circuit Reinforces Admissibility of Expert Testimony in Strict Products Liability Cases

Date: Jan 5, 2008

Sappington v. Skyjack: Eighth Circuit Reinforces Admissibility of Expert Testimony in Strict Products Liability Cases Introduction In Sammie Sappington; Evelyn Sappington; Justin Sappington v....

Declaratory Judgment Act and Abstention Doctrine: Insights from Royal Indemnity Co. v. Apex Oil Co.

Date: Jan 3, 2008

Declaratory Judgment Act and Abstention Doctrine: Insights from Royal Indemnity Co. v. Apex Oil Co. Introduction The case of Royal Indemnity Company, individually and as successor by merger with...

Establishing Personal Jurisdiction: Coen v. Coen et al. (509 F.3d 900)

Date: Dec 11, 2007

Establishing Personal Jurisdiction: Coen v. Coen et al. (509 F.3d 900) Introduction In the case of Dr. Deborah R. Coen v. Louis Coen et al., the United States Court of Appeals for the Eighth Circuit...

State Funding of Faith-Based Prison Programs Violates Establishment Clause: Americans United v. Prison Fellowship Ministries

Date: Dec 4, 2007

State Funding of Faith-Based Prison Programs Violates Establishment Clause: Americans United v. Prison Fellowship Ministries Introduction The case of Americans United for Separation of Church and...

Enforcement of Right of First Offer: Eighth Circuit Affirms Preliminary Injunction in PCTV Gold Inc. v. SpeedNet LLC

Date: Nov 30, 2007

Enforcement of Right of First Offer: Eighth Circuit Affirms Preliminary Injunction in PCTV Gold Inc. v. SpeedNet LLC Introduction The case of PCTV Gold, Inc. v. SpeedNet, LLC revolves around the...