8th Circuit Case Commentaries

Kee v. Nitsche: Establishing Thresholds for Hostile Work Environment Claims under Title VII

Date: May 9, 2006

Kee v. Nitsche: Establishing Thresholds for Hostile Work Environment Claims under Title VII Introduction The case of Kee v. Nitsche (446 F.3d 841) presents a pivotal examination of what constitutes...

Lefkowitz v. United States: Procedural Barriers in Sixth Amendment Claims

Date: May 4, 2006

Lefkowitz v. United States: Procedural Barriers in Sixth Amendment Claims Introduction Gary Lefkowitz, a petitioner-appellant, faced a multitude of federal charges including mail fraud, wire fraud,...

Stringer v. St. James R-1 School District: Upholding Strict Pleading Standards under the Individuals with Disabilities Education Act

Date: May 4, 2006

Stringer v. St. James R-1 School District: Upholding Strict Pleading Standards under the Individuals with Disabilities Education Act Introduction In the case of Geoffrey Ryan Stringer and Robin...

Implied Covenants and Contractual Interpretation in Financing Agreements: Cordry v. Vanderbilt

Date: Apr 29, 2006

Implied Covenants and Contractual Interpretation in Financing Agreements: Cordry v. Vanderbilt Introduction The case of Stephen Cordry, doing business as Cordry Mobile Homes, v. Vanderbilt Mortgage...

Procedural Default and Ineffective Assistance of Counsel: An Analysis of Moore-El v. Luebbers

Date: Apr 28, 2006

Procedural Default and Ineffective Assistance of Counsel: An Analysis of Moore-El v. Luebbers (446 F.3d 890) Introduction Moore-El v. Luebbers, decided by the United States Court of Appeals for the...

Defining Severity and Pervasiveness in Workplace Harassment: Powell v. Yellow Book USA

Date: Apr 26, 2006

Defining Severity and Pervasiveness in Workplace Harassment: Powell v. Yellow Book USA Introduction In the landmark case of Powell v. Yellow Book USA, Inc.; Kreutz, 445 F.3d 1074 (8th Cir. 2006), the...

Weighting of Non-Treating Source Medical Opinions in SSI Disability Claims: Tindell v. Barnhart

Date: Apr 20, 2006

Weighting of Non-Treating Source Medical Opinions in SSI Disability Claims: Tindell v. Barnhart Introduction In the landmark case of Starla K. Tindell v. Jo Anne B. Barnhart, 444 F.3d 1002 (8th Cir....

Complete Preemption Under LMRA §301: Dismissal of Carlson v. Arrowhead Concrete Works

Date: Apr 20, 2006

Complete Preemption Under LMRA §301: Dismissal of Carlson v. Arrowhead Concrete Works Introduction In Carlson v. Arrowhead Concrete Works, Inc., 445 F.3d 1046 (8th Cir. 2006), Duane Carlson, the...

Deliberate Indifference and Qualified Immunity in Jail Suicide Prevention

Date: Apr 18, 2006

Deliberate Indifference and Qualified Immunity in Jail Suicide Prevention Introduction The case of Joetta Drake, as legal guardian for Adrian V. Cotton, Minnesota Department of Human Services v....

Strengthening the Burden-Shifting Framework for Age and Disability Discrimination under MHRA: Schierhoff v. GlaxoSmithKline

Date: Apr 15, 2006

Strengthening the Burden-Shifting Framework for Age and Disability Discrimination under MHRA: Schierhoff v. GlaxoSmithKline Introduction In the case of James A. Schierhoff v. GlaxoSmithKline Consumer...

Affirmation of Dismissal Due to Lack of Personal Jurisdiction in Johnson v. Woodcock

Date: Apr 12, 2006

Affirmation of Dismissal Due to Lack of Personal Jurisdiction in Johnson v. Woodcock Introduction Johnson v. Woodcock is a pivotal case decided by the United States Court of Appeals for the Eighth...

Exhaustion of Administrative Remedies and Subjective Perception in Title VII Hostile Work Environment Claims: A Commentary on Cottrill and Combs v. MFA, Inc.

Date: Apr 8, 2006

Exhaustion of Administrative Remedies and Subjective Perception in Title VII Hostile Work Environment Claims: A Commentary on Cottrill and Combs v. MFA, Inc. Introduction In the landmark case of...

FTCA Statute of Limitations as Jurisdictional Prerequisite Confirmed: Ingram v. United States

Date: Apr 7, 2006

FTCA Statute of Limitations as Jurisdictional Prerequisite Confirmed: Ingram v. United States Introduction In Ingram v. United States, the United States Court of Appeals for the Eighth Circuit...

Fults v. Sanders: Upholding § 3621(b) in Inmate Transfer Regulations

Date: Apr 7, 2006

Fults v. Sanders: Upholding § 3621(b) in Inmate Transfer Regulations 1. Introduction In Dennis Fults v. Linda Sanders, Warden, FCI-FC, the United States Court of Appeals for the Eighth Circuit...

Failure to Accommodate and Retaliation under ADA: Insights from Craig Mershon v. St. Louis University

Date: Apr 6, 2006

Failure to Accommodate and Retaliation under ADA: Insights from Craig Mershon v. St. Louis University Introduction The case of Craig Mershon v. St. Louis University explores significant issues...

Eighth Circuit Establishes EA and FONSI as Final Agency Actions Under NEPA – Sierra Club v. U.S. Army Corps of Engineers

Date: Apr 5, 2006

Eighth Circuit Establishes EA and FONSI as Final Agency Actions Under NEPA – Sierra Club v. U.S. Army Corps of Engineers Introduction The case of Sierra Club v. United States Army Corps of Engineers;...

Impact of Custodial Interrogation and Miranda Rights: United States v. Ollie

Date: Apr 1, 2006

Impact of Custodial Interrogation and Miranda Rights: United States v. Ollie Introduction United States v. Johnny Lee Ollie, Jr., 442 F.3d 1135 (8th Cir. 2006), is a pivotal case addressing the...

Affirmation of Absolute Immunity for Parole Officials in §1983 Claims: Mayorga v. Missouri

Date: Mar 31, 2006

Affirmation of Absolute Immunity for Parole Officials in §1983 Claims: Mayorga v. Missouri Introduction Mayorga v. Missouri, adjudicated by the United States Court of Appeals for the Eighth Circuit...

Retaliatory Discharge in Employment: Insights from Wallace v. DTG Operations, Inc.

Date: Mar 30, 2006

Retaliatory Discharge in Employment: Insights from Wallace v. DTG Operations, Inc. Introduction The case of Terri Wallace v. DTG Operations, Inc., adjudicated by the United States Court of Appeals...

Eight Circuit Affirms Disparate Treatment and Retaliation Claims in Gender-Based Workplace Discrimination against Fire Department Under Title VII

Date: Mar 25, 2006

Eight Circuit Affirms Disparate Treatment and Retaliation Claims in Gender-Based Workplace Discrimination against Fire Department Under Title VII Introduction In the landmark case of Anne Wedow and...