8th Circuit Case Commentaries

Eighth Amendment Protection: Overriding Qualified Immunity in Cases of Deliberate Indifference to Prisoner Safety

Date: Nov 29, 2007

Eighth Amendment Protection: Overriding Qualified Immunity in Cases of Deliberate Indifference to Prisoner Safety Introduction Kenneth Brian Young v. Sergeant Selk & Sergeant Coolidge is a landmark...

Standing Requirements for Private Causes of Action under the Medicare Secondary Payer Statute

Date: Nov 28, 2007

Standing Requirements for Private Causes of Action under the Medicare Secondary Payer Statute Introduction In Stalley v. Catholic Health Initiatives, the United States Court of Appeals for the Eighth...

Insufficient Prima Facie Evidence in Age Discrimination: Eighth Circuit Affirms Summary Judgment in Ramlet v. E.F. Johnson Company

Date: Nov 17, 2007

Insufficient Prima Facie Evidence in Age Discrimination: Eighth Circuit Affirms Summary Judgment in Ramlet v. E.F. Johnson Company Introduction The case Jerald Ramlet v. E.F. Johnson Company revolves...

Affirmation of Forfeiture under 21 U.S.C. § 853: Restrictions on Third-Party Ancillary Hearings

Date: Nov 16, 2007

Affirmation of Forfeiture under 21 U.S.C. § 853: Restrictions on Third-Party Ancillary Hearings Introduction In the case of United States of America v. Michael J. Timley, 507 F.3d 1125 (8th Cir....

Federal Bureau of Prisons' Discretion in Concurrent Sentencing: Analysis of Fegans v. United States

Date: Nov 9, 2007

Federal Bureau of Prisons' Discretion in Concurrent Sentencing: Analysis of Fegans v. United States Introduction Fegans v. United States is a pivotal case adjudicated by the United States Court of...

Authority of Congregational Church Boards in Property Encumbrance: Insights from Scenic Holding, LLC v. The New Board of Trustees of the Tabernacle Missionary Baptist Church

Date: Nov 7, 2007

Authority of Congregational Church Boards in Property Encumbrance: Insights from Scenic Holding, LLC v. The New Board of Trustees of the Tabernacle Missionary Baptist Church Introduction The case of...

Eighth Circuit Establishes Strict Standards for Admissibility of Hearsay Medical Testimony in Sexual Assault Cases

Date: Nov 2, 2007

Eighth Circuit Establishes Strict Standards for Admissibility of Hearsay Medical Testimony in Sexual Assault Cases Introduction In the landmark case of United States of America v. Duane Philip...

Public Policy Exception in Missouri Employment Law: Huang v. Gateway Hotel Holdings

Date: Oct 19, 2007

Public Policy Exception in Missouri Employment Law: Huang v. Gateway Hotel Holdings 1. Introduction In the landmark case of Huang v. Gateway Hotel Holdings, the United States District Court for the...

Eighth Circuit Upholds SSA's Disability Determination Standards in Casey v. Astrue

Date: Oct 5, 2007

Eighth Circuit Upholds SSA's Disability Determination Standards in Casey v. Astrue Introduction In Casey v. Astrue, the appellant, Patricia A. Casey, appealed the decision of the Social Security...

Affirmation of Qualified Immunity in Civil Rights Litigation: Brockinton v. City of Sherwood

Date: Oct 5, 2007

Affirmation of Qualified Immunity in Civil Rights Litigation: Brockinton v. City of Sherwood Introduction The case Roger Brockinton v. City of Sherwood, Arkansas, et al. (503 F.3d 667) adjudicated by...

Reinforcing the Pretext Analysis Standard in Age Discrimination Claims: Carraher v. Target Corporation

Date: Sep 20, 2007

Reinforcing the Pretext Analysis Standard in Age Discrimination Claims: Carraher v. Target Corporation Introduction In the case of Richard Carraher v. Target Corporation, adjudicated by the United...

Evaluating Substantial Evidence: Eighth Circuit's Affirmation in House v. Astrue

Date: Sep 15, 2007

Evaluating Substantial Evidence: Eighth Circuit's Affirmation in House v. Astrue Introduction In Robert C. House v. Michael J. Astrue, 500 F.3d 741 (8th Cir. 2007), the United States Court of Appeals...

Affirming Employer Protections Under Ellerth-Faragher Defense in Sexual Harassment Claims

Date: Sep 14, 2007

Affirming Employer Protections Under Ellerth-Faragher Defense in Sexual Harassment Claims Introduction The case of Julie Weger and Mary Meghan Murphy v. City of Ladue et al. examined pivotal issues...

Assessment of Severity in Social Security Disability Claims: Kirby v. Astrue

Date: Sep 12, 2007

Assessment of Severity in Social Security Disability Claims: Kirby v. Astrue Introduction In the landmark case of Roy H. Kirby v. Michael J. Astrue, evaluated by the United States Court of Appeals...

Affirmation of Hobbs Act Application in Bar Robberies Affecting Interstate Commerce

Date: Sep 7, 2007

Affirmation of Hobbs Act Application in Bar Robberies Affecting Interstate Commerce Introduction The case of United States of America v. Carlos Lattrell McAdory, reported at 501 F.3d 868 (8th Cir....

Assessing Residual Functional Capacity and Evidence Timeliness in Social Security Disability Appeals: Insights from Davidson v. Astrue

Date: Sep 7, 2007

Assessing Residual Functional Capacity and Evidence Timeliness in Social Security Disability Appeals: Insights from Davidson v. Astrue Introduction Katherine M. Davidson v. Michael J. Astrue, decided...

Definiteness and Binding Intent in Letters of Intent: Insights from 168th and Dodge, LP v. Rave Reviews Cinemas, LLC

Date: Sep 1, 2007

Definiteness and Binding Intent in Letters of Intent: Insights from 168th and Dodge, LP v. Rave Reviews Cinemas, LLC Introduction The case of 168th and Dodge, LP, a Nebraska Limited Partnership, fka...

Enhancing Clarity in §1983 Suits: Eighth Circuit's Ruling on Capacity Pleading in Baker v. Chisom

Date: Aug 29, 2007

Enhancing Clarity in §1983 Suits: Eighth Circuit's Ruling on Capacity Pleading in Baker v. Chisom Introduction The case of Joshua D. Baker v. Eric Chisom represents a pivotal moment in the...

Balancing Medical Opinions and Credibility in Social Security Disability Claims: Wagner v. Astrue

Date: Aug 25, 2007

Balancing Medical Opinions and Credibility in Social Security Disability Claims: Wagner v. Astrue Introduction In the case of Walter E. Wagner v. Michael J. Astrue, Commissioner of Social Security,...

Proper Evaluation of Medical Evidence and Subjective Complaints in Disability Claims: Howe v. Astrue

Date: Aug 25, 2007

Proper Evaluation of Medical Evidence and Subjective Complaints in Disability Claims: Howe v. Astrue Introduction Howe v. Astrue, 499 F.3d 835 (8th Cir. 2007), is a pivotal case adjudicated by the...