8th Circuit Case Commentaries

Affirmation of Summary Judgment in Eighth Amendment Claims: Johnson v. Hamilton et al.

Date: Jul 6, 2006

Affirmation of Summary Judgment in Eighth Amendment Claims: Johnson v. Hamilton et al. Introduction In the case of Timothy Johnson v. Martha Hamilton et al., decided on July 5, 2006, the United...

Establishing Probable Cause in Vehicle Searches: Insights from UNITED STATES v. Valle Cruz and Alford

Date: Jul 4, 2006

Establishing Probable Cause in Vehicle Searches: Insights from UNITED STATES v. Valle Cruz and Alford Introduction In the case of UNITED STATES of America v. Rigoberto Valle Cruz, also known as...

Excessive Force in Correctional Settings: Eighth Circuit Re-examines Summary Judgment Standards

Date: Jun 28, 2006

Excessive Force in Correctional Settings: Eighth Circuit Re-examines Summary Judgment Standards Introduction The case of Patti E. Johnson v. Kevin Blaukat et al. presents a significant examination of...

Affirming Strickland: Evaluating Ineffective Assistance of Counsel in Alibi Testimony

Date: Jun 28, 2006

Affirming Strickland: Evaluating Ineffective Assistance of Counsel in Alibi Testimony Introduction In Terrick Alfred Williams v. United States of America, 452 F.3d 1009 (8th Cir. 2006), the United...

Helder v. United States: Establishing the Sufficiency of Defendant's Belief in Attempted Enticement of Minors Under 18 U.S.C. § 2422(b)

Date: Jun 27, 2006

Helder v. United States: Establishing the Sufficiency of Defendant's Belief in Attempted Enticement of Minors Under 18 U.S.C. § 2422(b) Introduction In the landmark case of United States of America...

Enhanced Oversight of Medicaid Durable Medical Equipment Regulations: Insights from Susan La v. Lankford et al.

Date: Jun 23, 2006

Enhanced Oversight of Medicaid Durable Medical Equipment Regulations: Insights from Susan La v. Lankford et al. Introduction The case Susan La v. Lankford; Rachel Ely; Joseph Everett, adjudicated by...

Exclusive Jurisdiction of the Postal Rate Commission Affirmed in LeMay v. USPS

Date: Jun 17, 2006

Exclusive Jurisdiction of the Postal Rate Commission Affirmed in LeMay v. USPS Introduction In the landmark case of Lance LeMay v. United States Postal Service, 450 F.3d 797 (8th Cir. 2006), the...

Enforcement of Explicit Contractual Terms in Fraud and Breach of Contract Claims: An Analysis of Baer Gallery, Inc. v. Scholarship America, Inc.

Date: Jun 17, 2006

Enforcement of Explicit Contractual Terms in Fraud and Breach of Contract Claims: An Analysis of Baer Gallery, Inc. v. Scholarship America, Inc. Introduction Baer Gallery, Inc. v. Scholarship...

Ensuring Adherence to Administrative Records in SSI Disability Appeals: Baker v. Barnhart

Date: Jun 14, 2006

Ensuring Adherence to Administrative Records in SSI Disability Appeals: Baker v. Barnhart Introduction The case of Roger L. Baker v. Jo Anne B. Barnhart, Commissioner of Social Security (457 F.3d...

Employment Status under ADA and Rehabilitation Act: Wojewski v. Rapid City Regional Hospital

Date: Jun 10, 2006

Employment Status under ADA and Rehabilitation Act: Wojewski v. Rapid City Regional Hospital Introduction The case of Wojewski v. Rapid City Regional Hospital addresses critical questions regarding...

Application of the Daubert Standard in Products Liability: Wagner v. Hesston Corporation

Date: Jun 9, 2006

Application of the Daubert Standard in Products Liability: Wagner v. Hesston Corporation Introduction Wagner v. Hesston Corporation, 450 F.3d 756 (8th Cir. 2006), is a significant appellate case that...

Eighth Circuit Clarifies Binding Nature of 'Type B' Plea Agreements under Federal Rule of Criminal Procedure 11

Date: Jun 1, 2006

Eighth Circuit Clarifies Binding Nature of 'Type B' Plea Agreements under Federal Rule of Criminal Procedure 11 Introduction In the case of United States of America v. Robert L. Gillen, 449 F.3d 898...

Reaffirmation of Strict Standards for False Statements and Conversion of Pledged Funds: Analysis of United States v. Rice

Date: May 31, 2006

Reaffirmation of Strict Standards for False Statements and Conversion of Pledged Funds: Analysis of United States v. Rice Introduction The case of United States of America v. Darwin G. Rice (449 F.3d...

Eighth Circuit Reverses Summary Judgment on Retaliation Claim in McClure v. CSD and Vinnell

Date: May 25, 2006

Reversing Summary Judgment on Retaliation Claims: McClure v. Career Systems Development Corporation and Vinnell Corporation Introduction Stanford T.E. McClure, Jr. initiated a lawsuit against his...

Affirmation of Expert Testimony Standards under Rule 702 in Underinsured Motorist Claims: Robinson v. GEICO

Date: May 20, 2006

Affirmation of Expert Testimony Standards under Rule 702 in Underinsured Motorist Claims: Robinson v. GEICO Introduction In the appellate decision of Karla Robinson v. GEICO General Insurance...

Admissibility of Prior Sexual Assault Evidence and Jury Instructions on Intoxication: United States v. Medicine Horn

Date: May 19, 2006

Admissibility of Prior Sexual Assault Evidence and Jury Instructions on Intoxication: United States v. Medicine Horn Introduction The case of United States of America v. Jerry Medicine Horn (447 F.3d...

Judicial Estoppel in FMLA Retaliation Cases: Stallings v. Hussmann Corporation

Date: May 13, 2006

Judicial Estoppel in FMLA Retaliation Cases: Stallings v. Hussmann Corporation Introduction In the landmark case of Samuel Stallings v. Hussmann Corporation; Brian Groninger, adjudicated by the...

Enhanced Protections Against FMLA Retaliation: Insights from HITE v. VERMEER MANUFACTURING

Date: May 10, 2006

Enhanced Protections Against FMLA Retaliation: Insights from HITE v. VERMEER MANUFACTURING COMPANY Introduction The case of Denise R. HITE v. VERMEER MANUFACTURING COMPANY (446 F.3d 858) serves as a...

Affirmation of Sentencing Procedures in Habeas Corpus Petitions: Trussell v. Bowersox

Date: May 10, 2006

Affirmation of Sentencing Procedures in Habeas Corpus Petitions: Trussell v. Bowersox Introduction Craig Trussell, Plaintiff-Appellant, appealed the denial of his habeas corpus petition following his...

Affirmation of Police and Prosecutorial Immunity in Reasonover v. St. Louis County

Date: May 9, 2006

Affirmation of Police and Prosecutorial Immunity in Reasonover v. St. Louis County Introduction Ellen Maria Reasonover and her daughter, Charmelle Bufford, appealed a district court's decision that...