8th Circuit Case Commentaries

Insley's Inc. v. Smith: State Actor Liability of Private Towing Companies Under Section 1983

Date: Aug 23, 2007

Insley's Inc. v. Smith: State Actor Liability of Private Towing Companies Under Section 1983 Introduction The case of Ricky Smith v. Insley’s Inc. addresses critical questions regarding the liability...

Enhancing SSA Disability Determinations: Consideration of Opinions from Non-Acceptable Medical Sources

Date: Aug 23, 2007

Enhancing SSA Disability Determinations: Consideration of Opinions from Non-Acceptable Medical Sources Introduction In the case of Donna Sloan v. Michael J. Astrue, Commissioner of Social Security...

Affirmation of Habeas Corpus Denial in Bell-Bey v. Roper: Implications for Batson Challenges and Evidentiary Standards

Date: Aug 18, 2007

Affirmation of Habeas Corpus Denial in Bell-Bey v. Roper: Implications for Batson Challenges and Evidentiary Standards Introduction Bell-Bey v. Roper, 499 F.3d 752 (8th Cir. 2007), addresses...

Consecutive Start of Special Parole Terms in Aggregated Sentences: Insights from Lueth v. Beach

Date: Aug 18, 2007

Consecutive Start of Special Parole Terms in Aggregated Sentences: Insights from Lueth v. Beach Introduction In Amel F. Lueth v. Charles Beach, Sr.; Edward F. Reilly, Jr., 498 F.3d 795 (8th Cir....

Mandate for Robust Medical Record Development in SSA Disability Claims: Analysis of Coleman v. Astrue

Date: Aug 17, 2007

Mandate for Robust Medical Record Development in SSA Disability Claims: Analysis of Coleman v. Astrue Introduction The case of Kathleen Coleman v. Michael J. Astrue, decided by the United States...

Affirmation of Qualified Immunity in Excessive Force Claims: Mann v. City of Springfield

Date: Aug 15, 2007

Affirmation of Qualified Immunity in Excessive Force Claims: Mann v. City of Springfield Introduction In Mann v. City of Springfield, 497 F.3d 822 (8th Cir. 2007), the United States Court of Appeals...

Affirmation of Summary Judgment Denying Discrimination and Retaliation Claims in Lori Clegg v. Arkansas Department of Correction

Date: Aug 14, 2007

Affirmation of Summary Judgment Denying Discrimination and Retaliation Claims in Lori Clegg v. Arkansas Department of Correction Introduction Lori Clegg v. Arkansas Department of Correction is a...

Eighth Circuit Establishes Standards for Evaluating Treating Physicians' Opinions in Social Security Disability Claims

Date: Aug 14, 2007

Eighth Circuit Establishes Standards for Evaluating Treating Physicians' Opinions in Social Security Disability Claims Introduction The case of Amy Samons v. Michael J. Astrue, Commissioner of the...

Affirmation of Summary Judgment in Racial Discrimination and Retaliation Claims: Gilbert v. Des Moines Area Community College

Date: Aug 9, 2007

Affirmation of Summary Judgment in Racial Discrimination and Retaliation Claims: Gilbert v. Des Moines Area Community College Introduction In the case of Fred Gilbert v. Des Moines Area Community...

Affirmation of Summary Judgment in McGinnis v. Union Pacific Railroad: Insufficient Evidence for Sex and Age Discrimination Claims

Date: Aug 4, 2007

Affirmation of Summary Judgment in McGinnis v. Union Pacific Railroad: Insufficient Evidence for Sex and Age Discrimination Claims Introduction McGinnis v. Union Pacific Railroad (496 F.3d 868, 2007)...

Sovereign Immunity and Subject Matter Jurisdiction in Declaratory Judgment Actions Against Tribal Entities

Date: Aug 2, 2007

Sovereign Immunity and Subject Matter Jurisdiction in Declaratory Judgment Actions Against Tribal Entities 1. Introduction The case of Auto-Owners Insurance Company v. The Tribal Court of the Spirit...

Affirmation of Dismissal in MDL Proceedings: IN RE GUIDANT CORP. IMPLANTABLE DEFIBRILLATORS Liability Litigation

Date: Aug 2, 2007

Affirmation of Dismissal in MDL Proceedings Introduction The case of In re: GUIDANT CORP. Implantable Defibrillators Products Liability Litigation, adjudicated by the United States Court of Appeals...

Substantial Evidence Standard in Disability Claims: Cox v. Astrue (2007)

Date: Jul 27, 2007

Substantial Evidence Standard in Disability Claims: Cox v. Astrue (2007) Introduction Lisa Cox appealed the decision of the Social Security Administration (SSA) Commissioner, Michael J. Astrue, after...

Substantial Evidence and Functional Equivalency in Disability Claims: England v. SSA

Date: Jul 27, 2007

Substantial Evidence and Functional Equivalency in Disability Claims: England v. SSA Introduction Parties Involved: Leo England (Appellant) vs. Michael J. Astrue, Commissioner of Social Security...

State Agency Sovereign Immunity and Qualified Immunity in Academic Dismissal: Insights from Monroe v. Arkansas State University

Date: Jul 27, 2007

State Agency Sovereign Immunity and Qualified Immunity in Academic Dismissal: Insights from Monroe v. Arkansas State University Introduction The case Todd Monroe v. Arkansas State University serves...

Wisland Dominates Choice-of-Law Determinations in §1406(a) Transfers: An In-Depth Analysis of Da v. d C. Eggleton

Date: Jul 26, 2007

Wisland Dominates Choice-of-Law Determinations in §1406(a) Transfers: An In-Depth Analysis of Da v. d C. Eggleton Introduction Da v. d C. Eggleton is a pivotal case adjudicated by the United States...

Standing in Environmental Litigation: Insights from City of Clarkson Valley v. Mineta & Rahn

Date: Jul 20, 2007

Standing in Environmental Litigation: Insights from City of Clarkson Valley v. Mineta & Rahn Introduction The case City of Clarkson Valley v. Mineta & Rahn presents a pivotal examination of standing...

Deliberate Indifference in Inmate Medical Care: HARTSFIELD v. COLBURN

Date: Jul 20, 2007

Deliberate Indifference in Inmate Medical Care: HARTSFIELD v. COLBURN Introduction Napoleon Hartsfield, an inmate at the Scott County Jail in Iowa, brought a lawsuit against several jail officials,...

Defining Custody in Hospital Settings and Evidentiary Use of Prior DUI Convictions: Analysis of United States v. Donovan New

Date: Jul 19, 2007

Defining Custody in Hospital Settings and Evidentiary Use of Prior DUI Convictions: Analysis of United States v. Donovan New Introduction In the case of United States of America v. Donovan New,...

Mandatory Evidentiary Hearing for Ineffective Assistance Claims Involving Failure to File Requested Appeal: Eighth Circuit Decision

Date: Jul 19, 2007

Mandatory Evidentiary Hearing for Ineffective Assistance Claims Involving Failure to File Requested Appeal: Eighth Circuit Decision Introduction In the case of Fred Watson, Jr., Petitioner/Appellant,...