8th Circuit Case Commentaries

Revisiting Qualified Immunity in Retaliation and Equal Protection Claims: Analysis of Wilson v. Northcutt

Date: Mar 22, 2006

Revisiting Qualified Immunity in Retaliation and Equal Protection Claims: Analysis of Wilson v. Northcutt Introduction Case Overview: Hazel L. Wilson v. Steve Northcutt is a significant appellate...

Affirmation of At-Will Employment Protections Under Workers' Compensation and FMLA in Bloom v. Metro Heart Group

Date: Mar 17, 2006

Affirmation of At-Will Employment Protections Under Workers' Compensation and FMLA in Bloom v. Metro Heart Group Introduction Mindy Bloom v. Metro Heart Group of St. Louis, Inc. is a pivotal case...

Requiring Bad Faith for Spoliation Sanctions: Insights from Ste v. Menz

Date: Mar 17, 2006

Requiring Bad Faith for Spoliation Sanctions: Insights from Ste v. Menz Introduction Ste v. Menz is a pivotal case adjudicated by the United States Court of Appeals for the Eighth Circuit on March...

Affirmation of Liability Under the ADA: Canny v. Dr. Pepper/Seven-Up Bottling Group

Date: Mar 10, 2006

Affirmation of Liability Under the ADA: Canny v. Dr. Pepper/Seven-Up Bottling Group Introduction Lucas A. Canny v. Dr. Pepper/Seven-Up Bottling Group, Inc. is a pivotal case adjudicated by the United...

Eighth Circuit Upholds Material Breach in IRS Offer-In-Compromise Defaults

Date: Mar 9, 2006

Eighth Circuit Upholds Material Breach in IRS Offer-In-Compromise Defaults Introduction In the case of James M. Robinetter v. Commissioner of the Internal Revenue Service, decided by the United...

Jurisdictional Limits on Expungement Motions: Insights from United States v. Meyer

Date: Mar 8, 2006

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For advice regarding your individual situation, please consult a qualified attorney....

Enforcing Particularity: Eighth Circuit Upholds Dismissal of FCA Qui Tam Action for Insufficient Fraud Allegations

Date: Mar 7, 2006

Enforcing Particularity: Eighth Circuit Upholds Dismissal of FCA Qui Tam Action for Insufficient Fraud Allegations Introduction The legal landscape surrounding the False Claims Act (FCA) is pivotal...

Affirmation of Denial for Rule 59(e) and Rule 60(b)(3) Motions in CERCLA Contribution Actions

Date: Mar 7, 2006

Affirmation of Denial for Rule 59(e) and Rule 60(b)(3) Motions in CERCLA Contribution Actions Introduction In the landmark case United States of America v. Metropolitan St. Louis Sewer District, the...

Gamboa v. United States: Eighth Circuit's Interpretation of the Speedy Trial Act and Double Jeopardy Protections

Date: Mar 4, 2006

Gamboa v. United States: Eighth Circuit's Interpretation of the Speedy Trial Act and Double Jeopardy Protections Introduction In United States v. Michael Gerald Gamboa, 439 F.3d 796 (8th Cir. 2006),...

Enforcement of Forum Selection Clause Confirmed: Servewell Plumbing LLC v. Federal Insurance Company

Date: Mar 3, 2006

Enforcement of Forum Selection Clause Confirmed: Servewell Plumbing LLC v. Federal Insurance Company Introduction Servewell Plumbing, LLC, a Tennessee-based corporation, entered into a subcontract...

Eighth Circuit Affirms Summary Judgment by Enforcing Daubert Standards on Expert Testimony

Date: Mar 2, 2006

Eighth Circuit Affirms Summary Judgment by Enforcing Daubert Standards on Expert Testimony Introduction The case of Gordon E. Miller, Jr. v. Baker Implement Company et al. revolves around a product...

Affirmation of Qualified Immunity Denial in Excessive Force Claim: Henderson v. Munn

Date: Mar 1, 2006

Affirmation of Qualified Immunity Denial in Excessive Force Claim: Henderson v. Munn Introduction The case of Kenneth R. Henderson v. Les Munn addresses critical issues surrounding police use of...

Maresh v. Barnhart: Establishing the Importance of Early Onset in Mental Retardation Listings for Social Security Benefits

Date: Feb 28, 2006

Maresh v. Barnhart: Establishing the Importance of Early Onset in Mental Retardation Listings for Social Security Benefits Introduction Maresh v. Barnhart is a pivotal case decided by the United...

Affirmation of Abandoned Evidence Admissibility in U.S. v. Simpson

Date: Feb 28, 2006

Affirmation of Abandoned Evidence Admissibility in United States v. Simpson Introduction In United States v. Bryan Lee Simpson, 439 F.3d 490 (8th Cir. 2006), the United States Court of Appeals for...

Consistency in Affidavits: Upholding Summary Judgment When Affidavits Contradict Deposition Testimony

Date: Feb 25, 2006

Consistency in Affidavits: Upholding Summary Judgment When Affidavits Contradict Deposition Testimony Introduction The case of City of St. Joseph, Missouri, v. Southwestern Bell Telephone, L.P....

Failure to Reasonably Accommodate under ADA: Insights from Battle v. UPS

Date: Feb 22, 2006

Failure to Reasonably Accommodate under ADA: Insights from Battle v. UPS Introduction Battle v. United Parcel Service, Inc., 438 F.3d 856 (8th Cir. 2006), is a pivotal case in the realm of employment...

Qualified Immunity Affirmed in Vaughn v. Greene County: Implications for Law Enforcement Accountability

Date: Feb 18, 2006

Qualified Immunity Affirmed in Vaughn v. Greene County: Implications for Law Enforcement Accountability Introduction In the landmark case Susan Vaughn v. Greene County, Arkansas, decided by the...

Objective Medical Evidence as a Legitimate Requirement for ERISA Long-Term Disability Claims

Date: Feb 16, 2006

Objective Medical Evidence as a Legitimate Requirement for ERISA Long-Term Disability Claims Introduction Susan J. Johnson v. Metropolitan Life Insurance Company (437 F.3d 809) is a pivotal case...

Clarifying ADA's Disability Definition and FMLA's Statute of Limitations: The Samuels v. Kansas City Missouri School District Decision

Date: Feb 15, 2006

Clarifying ADA's Disability Definition and FMLA's Statute of Limitations: The Samuels v. Kansas City Missouri School District Decision Introduction In Sondra L. Samuels, Dr., Appellant v. Kansas City...

Deliberate Indifference in Prison Healthcare: Phillips v. Jasper County Jail

Date: Feb 15, 2006

Deliberate Indifference in Prison Healthcare: Phillips v. Jasper County Jail Introduction James Edward Phillips, the appellant, filed a lawsuit against multiple defendants including the Jasper County...