8th Circuit Case Commentaries

Expansion of 'Dealer' Definition under South Dakota Dealer Protection Act: Diesel Machinery, Inc. v. B.R. Lee Industries, Inc.

Date: Aug 9, 2005

Expansion of 'Dealer' Definition under South Dakota Dealer Protection Act: Diesel Machinery, Inc. v. B.R. Lee Industries, Inc. Introduction In the case of Diesel Machinery, Inc., Appellee, v. B.R....

Clarifying Qualified Immunity in Section 1983 Sexual Harassment Litigation: Wright v. Rolette County

Date: Aug 9, 2005

Clarifying Qualified Immunity in Section 1983 Sexual Harassment Litigation: Wright v. Rolette County Introduction Wright v. Rolette County is a pivotal case adjudicated by the United States Court of...

Defining 'Similarly Situated' Employees in Employment Discrimination: Insights from Rodgers v. U.S. Bank

Date: Aug 6, 2005

Defining 'Similarly Situated' Employees in Employment Discrimination: Insights from Rodgers v. U.S. Bank Introduction Rodgers v. U.S. Bank, N.A. is a pivotal case adjudicated by the United States...

8th Circuit Affirms Qualified Immunity in Fourth Amendment Seizure and Excessive Force Case

Date: Aug 2, 2005

8th Circuit Affirms Qualified Immunity in Fourth Amendment Seizure and Excessive Force Case Introduction In the case of Margaret Andrews v. Robert Fuoss, the United States Court of Appeals for the...

Concurrent Sentencing in Dual Sovereignty Cases: Insights from United States v. Cole

Date: Jul 29, 2005

Concurrent Sentencing in Dual Sovereignty Cases: Insights from United States v. Cole Introduction The case of United States v. Christopher Martin Cole (416 F.3d 894) addresses intricate issues...

Federal Preemption of State Usury Claims Against National Banks: Analysis of Al v. Phipps et al.

Date: Jul 29, 2005

Federal Preemption of State Usury Claims Against National Banks: Analysis of Al v. Phipps et al. Introduction In the case of Al v. Phipps et al., the plaintiffs, Alvin and Linda Phipps, John and...

Affirmation of the Materiality of Alcohol Abuse in Social Security Disability Determinations: Vester v. Barnhart

Date: Jul 28, 2005

Affirmation of the Materiality of Alcohol Abuse in Social Security Disability Determinations: Vester v. Barnhart Introduction Debra Vester v. Jo Anne B. Barnhart, Commissioner, Social Security...

Law of the Case Doctrine and Summary Judgment: Eighth Circuit Upholds District Court's Reassessment of Second Summary Judgment Motion

Date: Jul 27, 2005

Law of the Case Doctrine and Summary Judgment: Eighth Circuit Upholds District Court's Reassessment of Second Summary Judgment Motion Introduction The case of Marshall L. Mosley et al. v. City of...

Eighth Circuit Clarifies Standards for Retaliation Claims Under Title VII: Emphasis on Pretext Over Proximate Timing

Date: Jul 27, 2005

Eighth Circuit Clarifies Standards for Retaliation Claims Under Title VII: Emphasis on Pretext Over Proximate Timing Introduction In the case of Barbara Logan vs. Liberty Healthcare Corporation d/b/a...

ERISA Preemption Confirmed: Nebraska Mental Health Parity Law in Daley v. Marriott International

Date: Jul 26, 2005

ERISA Preemption Confirmed: Nebraska Mental Health Parity Law in Daley v. Marriott International Introduction In Tracey Daley v. Marriott International, Inc., the United States Court of Appeals for...

Frosty Treats Inc. v. Sony Computer Entertainment: Trademark Protection and Functional Trade Dress

Date: Jul 26, 2005

Frosty Treats Inc. v. Sony Computer Entertainment: Trademark Protection and Functional Trade Dress Introduction In the case Frosty Treats, Inc.; Frosty Treats of Louisville, Inc.; Frosty Treats...

Defining Accidental Death under ERISA: Analysis of King v. Hartford Life and Accident Insurance Company

Date: Jul 23, 2005

Defining Accidental Death under ERISA: Analysis of King v. Hartford Life and Accident Insurance Company Introduction The case of Alane King, as Conservator and Natural Parent of Amber Lynn Schanus,...

Establishing Boundaries for Qualified Immunity in Civil Rights Arrests

Date: Jul 22, 2005

Establishing Boundaries for Qualified Immunity in Civil Rights Arrests Introduction The case of John W. Walker v. City of Pine Bluff, 414 F.3d 989 (8th Cir. 2005), presents a significant examination...

Defamation and Trade Practice Claims in Rating Systems: Eighth Circuit's Decision in Aviation Charter v. ARGUS

Date: Jul 22, 2005

Defamation and Trade Practice Claims in Rating Systems: Eighth Circuit's Decision in Aviation Charter v. ARGUS Introduction In the case of Aviation Charter, Inc. v. Aviation Research Group/US...

Establishing Causation in Retaliation Claims Under Title VII: Insights from Wallace v. Sparks Health System

Date: Jul 21, 2005

Establishing Causation in Retaliation Claims Under Title VII: Insights from Wallace v. Sparks Health System Introduction The case of Gary D. Wallace v. Sparks Health System addresses critical issues...

Eighth Circuit Clarifies Supervisor Status and Retaliation Causation in Title VII Claims

Date: Jul 20, 2005

Eighth Circuit Clarifies Supervisor Status and Retaliation Causation in Title VII Claims Introduction The case of Monika Cheshewalla, Aaron Paul Michaels, Robert J. Petkoff v. Rand Son Construction...

Excessive Exposure to Second-Hand Smoke in Prisons: Legal Implications from Larson v. Kempkner

Date: Jul 16, 2005

Excessive Exposure to Second-Hand Smoke in Prisons: Legal Implications from Larson v. Kempkner Introduction The case of William A. Larson v. Gary Kempkner; Michael Kemna; George Lombardi (414 F.3d...

Remanding Sentencing Procedures Post-Booker: United States v. Rodriguez Analysis

Date: Jul 12, 2005

Remanding Sentencing Procedures Post-Booker: United States v. Rodriguez Analysis Introduction The case of United States of America v. Antonio Rodriguez, adjudicated in 2005 by the United States Court...

United States v. Tyler Water: Affirming Malice Requirements and Excited Utterance in Second-Degree Murder

Date: Jul 12, 2005

United States v. Tyler Water: Affirming Malice Requirements and Excited Utterance in Second-Degree Murder Introduction In United States v. Tyler Water, 413 F.3d 812 (8th Cir. 2005), the United States...

Establishing Medical and Functional Equivalency in Childhood Supplemental Security Income Claims: A Comprehensive Analysis of Moore v. Barnhart

Date: Jul 6, 2005

Establishing Medical and Functional Equivalency in Childhood Supplemental Security Income Claims: A Comprehensive Analysis of Moore v. Barnhart Introduction Moore v. Barnhart, 413 F.3d 718 (8th Cir....