8th Circuit Case Commentaries

Broader Applicability of §2D1.1(b)(6) Two-Level Reduction Affirmed in UNITED STATES v. Shelly Mashek

Date: May 11, 2005

Broader Applicability of §2D1.1(b)(6) Two-Level Reduction Affirmed in United States v. Shelly Mashek Introduction Case Title: UNITED STATES of America, Appellee, v. Shelly MASHEK, Appellant. (406...

8th Circuit Reverses Summary Judgment on Age and Sex Discrimination and Retaliation Claims in PETERSON v. SCOTT COUNTY

Date: May 7, 2005

8th Circuit Reverses Summary Judgment on Age and Sex Discrimination and Retaliation Claims in PETERSON v. SCOTT COUNTY Introduction In the landmark case of Sheila E. PETERSON v. SCOTT COUNTY, decided...

Manifest Disregard of Federal Law in Arbitration: Biscanin v. Merrill Lynch

Date: May 7, 2005

Manifest Disregard of Federal Law in Arbitration: Biscanin v. Merrill Lynch Introduction The case John P. Biscanin v. Merrill Lynch Co., Inc. addresses the contentious issue of whether an arbitration...

Establishing Boundaries in Real Estate Data Sharing: Coldwell Banker v. Iowa Realty

Date: May 7, 2005

Establishing Boundaries in Real Estate Data Sharing: Coldwell Banker v. Iowa Realty Introduction The case of MID-AMERICA REAL ESTATE COMPANY d/b/a Coldwell Banker Mid-America Group, Realtors,...

Affirmation of Conviction in United States v. Cleophus Davis, Jr. Establishes Standards for Ineffective Assistance Claims under 28 U.S.C. § 2255

Date: May 6, 2005

Affirmation of Conviction in United States v. Cleophus Davis, Jr. Establishing Standards for Ineffective Assistance Claims under 28 U.S.C. § 2255 Introduction The case of United States of America v....

Enhancing Grand Jury Indictments: The United States v. Allen Precedent

Date: May 3, 2005

Enhancing Grand Jury Indictments: The United States v. Allen Precedent Introduction The case of United States of America v. Billie Jerome Allen (406 F.3d 940) adjudicated by the United States Court...

Discretionary Authority in Reopening Bankruptcy Cases: Apex Oil Company, Inc. v. Appellees

Date: Apr 30, 2005

Discretionary Authority in Reopening Bankruptcy Cases: Apex Oil Company, Inc. v. Appellees Introduction The case of Apex Oil Company, Inc. v. Katherine Sparks et al. revolves around Apex Oil...

Affirmation of Sentencing Decision Under Booker: United States v. Pirani

Date: Apr 30, 2005

Affirmation of Sentencing Decision Under Booker: United States v. Pirani Introduction The case of United States of America v. Louis F. Pirani (406 F.3d 543) presents a pivotal examination of the...

Upheld Residency Restrictions: Eighth Circuit Validates Iowa's 2000-Foot Rule for Sex Offenders

Date: Apr 30, 2005

Upheld Residency Restrictions: Eighth Circuit Validates Iowa's 2000-Foot Rule for Sex Offenders Introduction In the landmark case of John Doe I, II, III et al. v. Tom Miller (405 F.3d 700, 2005), the...

Clarification of Forfeiture Standards under 18 U.S.C. § 982(a)(1) in Money Laundering Cases

Date: Apr 22, 2005

Clarification of Forfeiture Standards under 18 U.S.C. § 982(a)(1) in Money Laundering Cases Introduction United States of America, Appellee, v. Duane Huber, Appellant was a significant case...

Henderson v. Ford Motor Company: Enforcing Statute of Limitations in ADA and Retaliation Claims

Date: Apr 15, 2005

Henderson v. Ford Motor Company: Enforcing Statute of Limitations in ADA and Retaliation Claims Introduction In Donna Henderson v. Ford Motor Company, 403 F.3d 1026 (8th Cir. 2005), the United States...

Excessive Downward Departure in Sentencing: United States v. Haack

Date: Apr 14, 2005

Excessive Downward Departure in Sentencing: United States v. Haack Introduction In the case of United States of America v. Darrin Todd Haack, 403 F.3d 997 (8th Cir. 2005), the United States Court of...

Qualified Immunity Reaffirmed for Detention Officials in Eighth Circuit's Crow v. Montgomery Decision

Date: Apr 13, 2005

Qualified Immunity Reaffirmed for Detention Officials in Eighth Circuit's Crow v. Montgomery Decision Introduction In Scott A. Crow v. Marty Montgomery et al. (403 F.3d 598, Eighth Circuit, 2005),...

No Strict Liability for Employers Under FMLA: Insights from Dickinson v. McGehee Desha County Hospital

Date: Apr 12, 2005

No Strict Liability for Employers Under FMLA: Insights from Dickinson v. McGehee Desha County Hospital Introduction The case of Walter M. Dickinson v. McGehee Desha County Hospital, adjudicated by...

Clear Error Standard Affirmed for Substantial Similarity in Copyright Infringement and Limitation of Jury Trials in Injunctive Relief

Date: Apr 12, 2005

Clear Error Standard Affirmed for Substantial Similarity in Copyright Infringement and Limitation of Jury Trials in Injunctive Relief Introduction The case of Taylor Corporation v. Four Seasons...

Eighth Circuit Abrogates Heightened Pleading Requirements for §1983 Suits Against Individual Defendants

Date: Apr 12, 2005

Eighth Circuit Abrogates Heightened Pleading Requirements for §1983 Suits Against Individual Defendants Introduction In the landmark case of Jane Doe, individually and as Next Friend of John Doe, a...

Substantial Evidence and Credibility in SSI Disability Claims: An In-Depth Analysis of Naomi L. Tellez v. Jo Anne B. Barnhart

Date: Apr 9, 2005

Substantial Evidence and Credibility in SSI Disability Claims: An In-Depth Analysis of Naomi L. Tellez v. Jo Anne B. Barnhart Introduction The case of Naomi L. Tellez v. Jo Anne B. Barnhart,...

Strengthening Standards for Ineffective Assistance in §2255 Petitions: Insights from Becht v. United States

Date: Apr 8, 2005

Strengthening Standards for Ineffective Assistance in §2255 Petitions: Insights from Becht v. United States Introduction In Jason Albert Becht v. United States of America, 403 F.3d 541 (8th Cir....

Affirmation of Reasonable Suspicion and Detention in Border Patrol Operations: United States v. Maltais

Date: Apr 8, 2005

Affirmation of Reasonable Suspicion and Detention in Border Patrol Operations: United States v. Maltais Introduction United States v. Joseph Dominic Marcel Maltais, 403 F.3d 550 (8th Cir. 2005), is a...

Affirmation of Fee Simple Interest in Historic Railroad Deed: Mar v. Bockelman et al. (403 F.3d 528)

Date: Apr 7, 2005

Affirmation of Fee Simple Interest in Historic Railroad Deed: Mar v. Bockelman et al. (403 F.3d 528) Introduction In the landmark case of Mar v. Bockelman et al., the United States Court of Appeals...