8th Circuit Case Commentaries

Enhancing Prisoners' Access to Legal Remedies: Analysis of WHITE v. KAUTZKY

Date: Jul 18, 2007

Enhancing Prisoners' Access to Legal Remedies: Analysis of WHITE v. KAUTZKY Introduction The case of Duane C. White v. W.L. Kautzky, Director of the Iowa Department of Corrections; John F. Ault,...

Affidavit Sufficiency and Good-Faith Exception in Search Warrants: United States v. Grant

Date: Jul 14, 2007

Affidavit Sufficiency and Good-Faith Exception in Search Warrants: United States v. Grant Introduction United States of America v. Gerald Grant, 490 F.3d 627 (8th Cir. 2007), is a pivotal case...

Affirmation of Procedural Default in Habeas Corpus under AEDPA: GREER v. STATE of Minnesota

Date: Jul 13, 2007

Affirmation of Procedural Default in Habeas Corpus under AEDPA: GREER v. STATE of Minnesota Introduction Ronald Lewis Greer, II, Petitioner-Appellant, appealed a district court decision denying his...

Affirmation of Retaliatory Employment Actions Violation under First Amendment Rights

Date: Jul 13, 2007

Affirmation of Retaliatory Employment Actions Violation under First Amendment Rights Introduction In the landmark case of Joyce M. Shockency; John H. Moore v. Ramsey County, the plaintiffs, Shockency...

Affirmation of Summary Judgment: Limits on Retaliation and Hostile Work Environment Claims in Devin v. Schwan's Home Service

Date: Jul 7, 2007

Affirmation of Summary Judgment: Limits on Retaliation and Hostile Work Environment Claims in Devin v. Schwan's Home Service Introduction The case of Jessica T. Devin v. Schwan's Home Service, Inc....

Section 316 Overrides No-Action Clauses: Insights from Great Plains Trust Co. v. Union Pacific Railroad Co.

Date: Jun 30, 2007

Section 316 Overrides No-Action Clauses: Insights from Great Plains Trust Co. v. Union Pacific Railroad Co. Introduction Great Plains Trust Company, headquartered in Kansas, initiated a class-action...

Affirmation of Qualified and Official Immunity in Police Use of Deadly Force Case

Date: Jun 30, 2007

Affirmation of Qualified and Official Immunity in Police Use of Deadly Force Case Introduction Case: Margaret Hayek, as trustee for the next of kin of William Charles Hayek, deceased, Appellant, v....

Eighth Circuit Clarifies Treatment of Federal Atkins Claims in Habeas Corpus Proceedings

Date: Jun 28, 2007

Eighth Circuit Clarifies Treatment of Federal Atkins Claims in Habeas Corpus Proceedings Introduction Case: Sedrice Maurice Simpson v. Larry Norris, Director, Arkansas Department of Correction Court:...

Reinforcing the Opt-In Requirement for FLSA Collective Actions: Insights from Parker v. Rowland Express

Date: Jun 26, 2007

Reinforcing the Opt-In Requirement for FLSA Collective Actions: Insights from Parker v. Rowland Express Introduction The case of Raymond Parker and Kyren Pinks v. Rowland Express, Inc. addressed a...

Reinstating Jury Convictions Based on Reasonable Inferences: United States v. Boesen

Date: Jun 23, 2007

Reinstating Jury Convictions Based on Reasonable Inferences: United States v. Boesen Introduction The case of United States of America v. James F. Boesen, Jr., adjudicated by the United States Court...

Deliberate Indifference in Correctional Oversight: Insights from Michael Da v. d LENZ

Date: Jun 21, 2007

Deliberate Indifference in Correctional Oversight: Insights from Michael Da v. d LENZ Introduction Michael Da v. d LENZ, 490 F.3d 991 (8th Cir. 2007), is a pivotal case adjudicated by the United...

8th Circuit Upholds Retaliation Protections for Public Employees: Davison v. City of Minneapolis

Date: Jun 21, 2007

8th Circuit Upholds Retaliation Protections for Public Employees: Davison v. City of Minneapolis Introduction The landmark case of Kathy Davison v. City of Minneapolis, Minnesota addresses critical...

Affirmation of Summary Judgment in Meuir v. Greene County: No Deliberate Indifference or Retaliation Found

Date: Jun 7, 2007

Affirmation of Summary Judgment in Meuir v. Greene County: No Deliberate Indifference or Retaliation Found Introduction In the case of Larry W. Meuir v. Greene County Jail Employees, Larry Meuir, an...

Strict Standards for Summary Judgment in Employment Discrimination Claims: Holland v. Sam's Club

Date: May 26, 2007

Strict Standards for Summary Judgment in Employment Discrimination Claims: Holland v. Sam's Club Introduction Holland v. Sam's Club, 487 F.3d 641 (8th Cir. 2007), is a pivotal case in employment...

Municipal Liability Under 42 U.S.C. § 1983: Insights from Szabla v. City of Brooklyn Park

Date: May 19, 2007

Municipal Liability Under 42 U.S.C. § 1983: Insights from Szabla v. City of Brooklyn Park Introduction Szabla v. City of Brooklyn Park, Minnesota is a pivotal case adjudicated by the United States...

Controlling Weight of Treating Physicians' RFC Opinions in Social Security Disability Determinations

Date: May 18, 2007

Controlling Weight of Treating Physicians' RFC Opinions in Social Security Disability Determinations Introduction The case of Patricia A. Leckenby v. Michael J. Astrue, Commissioner of Social...

Reasonable Suspicion and Canine Searches Established in Lyons and Elma Case

Date: May 17, 2007

Reasonable Suspicion and Canine Searches Established in Lyons and Elma Case Introduction The case of UNITED STATES of America v. Kelvin R. Lyons and Michael C. Elma (486 F.3d 367, 8th Circuit, 2007)...

Eighth Circuit Establishes Res Judicata Parameters and Vocational Assessment Standards in Disability Benefit Denials: Hillier v. SSA

Date: May 16, 2007

Eighth Circuit Establishes Res Judicata Parameters and Vocational Assessment Standards in Disability Benefit Denials: Hillier v. SSA Introduction Hillier v. Social Security Administration, 486 F.3d...

Eighth Circuit Affirms Essential Job Functions in ADA Disability Discrimination Case

Date: May 16, 2007

Eighth Circuit Affirms Essential Job Functions in ADA Disability Discrimination Case Introduction The case of Murray Rehrs v. The IAMS Company; Procter and Gamble, Inc. addresses critical issues...

Establishing Jurisdiction through Enhanced Damages: Insights from OnePoint Solutions LLC v. Borchert & Catuzzi

Date: May 12, 2007

Establishing Jurisdiction through Enhanced Damages: Insights from OnePoint Solutions LLC v. Borchert & Catuzzi Introduction The case of OnePoint Solutions, LLC v. Michael Borchert; William Catuzzi,...