8th Circuit Case Commentaries

Substantial Evidence Upholds ALJ's Credibility Findings in Disability Claims: Gonzales v. Barnhart

Date: Oct 24, 2006

Substantial Evidence Upholds ALJ's Credibility Findings in Disability Claims: Gonzales v. Barnhart Introduction In the case of Ruben Gonzales v. Jo Anne B. Barnhart, Commissioner of the Social...

Lacroix v. Barnhart: Establishing Limits on Treating Source Weight in SSDI and SSI Evaluations

Date: Oct 21, 2006

Lacroix v. Barnhart: Establishing Limits on Treating Source Weight in SSDI and SSI Evaluations Introduction In Lorraine Lacroix v. Jo Anne B. Barnhart, Commissioner of Social Security, 465 F.3d 881...

Deliberate Indifference Standard Maintained for Pretrial Detainee Medical Care: Butler v. Fletcher

Date: Oct 14, 2006

Deliberate Indifference Standard Maintained for Pretrial Detainee Medical Care: Butler v. Fletcher 1. Introduction Butler v. Fletcher (465 F.3d 340, 2006) is a pivotal case adjudicated by the United...

Clarification of Insurance Coverage and Attorney Disqualification in Macheca Transport Co. v. Philadelphia Indemnity Insurance Company

Date: Sep 23, 2006

Clarification of Insurance Coverage and Attorney Disqualification in Macheca Transport Co. v. Philadelphia Indemnity Insurance Company Introduction The case of Macheca Transport Company, doing...

Proper Jury Instructions on Deadly Force: Rahn v. Hawkins Sets New Standards

Date: Sep 23, 2006

Proper Jury Instructions on Deadly Force: Rahn v. Hawkins Sets New Standards Introduction In Rahn v. Hawkins, 464 F.3d 813 (8th Cir. 2006), the United States Court of Appeals for the Eighth Circuit...

Consent Following Illegal Entry: Insights from United States v. Lakoskey

Date: Sep 15, 2006

Consent Following Illegal Entry: Insights from United States v. Lakoskey Introduction The case of United States of America v. Todd John Lakoskey and Thomas James Lakoskey (462 F.3d 965) adjudicated...

Affirmation of Legitimate Termination under Title VII: Analysis of Twymon v. Wells Fargo

Date: Sep 13, 2006

Affirmation of Legitimate Termination under Title VII: Analysis of Twymon v. Wells Fargo Introduction Twymon v. Wells Fargo Company is a significant case adjudicated by the United States Court of...

Clarifying the Limits of Investigative Detentions and Custodial Interrogation under Terry and Miranda: UNITED STATES v. MARTINez, Jr.

Date: Sep 12, 2006

Clarifying the Limits of Investigative Detentions and Custodial Interrogation under Terry and Miranda: UNITED STATES v. MARTINez, Jr. Introduction In the case of UNITED STATES v. MARTINez, Jr., the...

Enhancing the Daubert Standard: Nissan Pathfinder Stability and Expert Testimony Reliability

Date: Sep 12, 2006

Enhancing the Daubert Standard: Nissan Pathfinder Stability and Expert Testimony Reliability Introduction The case of Y v. nne H. Smith, Sebrina Martin, Stacey Schroeder, Errold Cangieter, Appellants...

Procedural Due Process in Protective Isolation: Senty-Haugen v. Ke

Date: Sep 12, 2006

Procedural Due Process in Protective Isolation: Senty-Haugen v. Ke Introduction The case of Arthur Dale Senty-Haugen v. Ke (462 F.3d 876) examines the constitutional implications of placing a civilly...

United States v. Shepard et al.: Eighth Circuit Affirms Conspiracy Convictions and Clarifies Sentencing Guidelines Application for Career Offenders

Date: Sep 12, 2006

United States v. Shepard et al.: Eighth Circuit Affirms Conspiracy Convictions and Clarifies Sentencing Guidelines Application for Career Offenders Introduction In the landmark case of United States...

Affirmation of Summary Judgment in Rashid Arraleh v. County of Ramsey: Upholding Established Standards in Employment Discrimination Claims

Date: Sep 8, 2006

Affirmation of Summary Judgment in Rashid Arraleh v. County of Ramsey: Upholding Established Standards in Employment Discrimination Claims Introduction The case of Rashid Arraleh v. County of Ramsey...

Sealing of Bankruptcy Court Records: In re Deborah Alice Neal

Date: Aug 30, 2006

Sealing of Bankruptcy Court Records: In re Deborah Alice Neal Introduction The case In re: Deborah Alice Neal (461 F.3d 1048) involves Deborah Alice Neal, a former Municipal Judge in Kansas City,...

Substantial Evidence and the Weight of Treating Physicians' Opinions in Social Security Disability Determinations: Analysis of Hacker v. Barnhart

Date: Aug 26, 2006

Substantial Evidence and the Weight of Treating Physicians' Opinions in Social Security Disability Determinations: Analysis of Hacker v. Barnhart Introduction The case of Joanne M. Hacker v. Jo Anne...

Establishing Absolute Immunity for Prosecutors Filing Criminal Complaints: Schenk v. Chavis

Date: Aug 26, 2006

Establishing Absolute Immunity for Prosecutors Filing Criminal Complaints: Schenk v. Chavis Introduction In the landmark case of Karl M. Schenk; Dr. Nancy Schenk v. Robert L. Chavis, decided by the...

Affirming Summary Judgment in Hostile Work Environment Claims Through Prompt Employer Remedial Actions: Green v. Franklin National Bank

Date: Aug 24, 2006

Affirming Summary Judgment in Hostile Work Environment Claims Through Prompt Employer Remedial Actions: Green v. Franklin National Bank Introduction The case of Linda Green versus Franklin National...

Procedural Default and Ineffective Assistance of Counsel in Habeas Corpus: The Winfield v. Roper Decision

Date: Aug 23, 2006

Procedural Default and Ineffective Assistance of Counsel in Habeas Corpus: The Winfield v. Roper Decision Introduction John E. Winfield was convicted in Missouri state court of multiple counts of...

Jones v. UPS: Reinforcing Rule 11 Sanctions for Vexatious Litigation Practices

Date: Aug 23, 2006

Jones v. UPS: Reinforcing Rule 11 Sanctions for Vexatious Litigation Practices Introduction In the case of Stephen E. Jones; Doyle Clark, Plaintiffs, Thomas R. Buchanan, Appellant, v. United Parcel...

Strict Adherence to Summary Judgment Procedures and Duty of Fair Representation: Jones v. UPS

Date: Aug 23, 2006

Strict Adherence to Summary Judgment Procedures and Duty of Fair Representation: Jones v. UPS Introduction In Stephen E. Jones and Doyle Clark v. United Parcel Service, Inc.; Local 41 of the...

Elder-Keep v. Aksamit: Clarification on Qualified Immunity and Admissibility of Affidavits in §1983 Excessive Force Claims

Date: Aug 22, 2006

Elder-Keep v. Aksamit: Clarification on Qualified Immunity and Admissibility of Affidavits in §1983 Excessive Force Claims Introduction In the case of Sharon Elder-Keep, Appellant, v. Troy Aksamit,...