8th Circuit Case Commentaries

Qualified Immunity in Animal Control Seizure: McClendon v. Story County

Date: Apr 5, 2005

Qualified Immunity in Animal Control Seizure: McClendon v. Story County Introduction In the case of Cyndi McClendon v. Story County, decided by the United States Court of Appeals for the Eighth...

Eighth Circuit Affirms Summary Judgment in §1983 Right-to-Access Courts Claim

Date: Apr 1, 2005

Eighth Circuit Affirms Summary Judgment in §1983 Right-to-Access Courts Claim Introduction In the case of Delroy C. Scheeler, individually and on behalf of Craig A. Scheeler; Rhonda L. Scheeler,...

Eighth Circuit Reinforces Proper Consideration of Treating Physician's Evaluations in Disability Claims

Date: Mar 9, 2005

Eighth Circuit Reinforces Proper Consideration of Treating Physician's Evaluations in Disability Claims Introduction In the landmark case of Joann Reed v. Jo Anne B. Barnhart, 399 F.3d 917 (Eighth...

Affirmation of Denial of Class Certification in Monsanto Price-Fixing Case

Date: Mar 8, 2005

Affirmation of Denial of Class Certification in Monsanto Price-Fixing Case Introduction In the landmark case of Randy Blades, Collin Cain, Fredrick L. Samples, Mark A. Jent, Roger Rivest, et al. v....

Affirming Stricter Confrontation Clause Standards: United States v. Bordeaux, Jr.

Date: Mar 8, 2005

Affirming Stricter Confrontation Clause Standards: United States v. Bordeaux, Jr. Introduction United States of America v. Edward E. Bordeaux, Jr. (400 F.3d 548, 8th Cir. 2005) is a pivotal appellate...

Establishing Liability for § 1983 Conspiracy in Employment Retaliation Cases

Date: Mar 1, 2005

Establishing Liability for § 1983 Conspiracy in Employment Retaliation Cases Introduction Betty Lou Dossett v. First State Bank, Loomis, Nebraska, 399 F.3d 940 (8th Cir. 2005), addresses the...

Establishing Union Liability for Discriminatory Conduct: Eighth Circuit in Eliserio v. United Steelworkers of America

Date: Feb 25, 2005

Establishing Union Liability for Discriminatory Conduct: Eighth Circuit in Eliserio v. United Steelworkers of America Introduction The case of Robert Eliserio v. United Steelworkers of America Local...

Kratzer v. Rockwell Collins: Affirmation of Summary Judgment in Disability and Gender Discrimination Claims

Date: Feb 23, 2005

Kratzer v. Rockwell Collins: Affirmation of Summary Judgment in Disability and Gender Discrimination Claims Introduction In the landmark case Nancy M. Kratzer v. Rockwell Collins, Inc., the United...

Cox v. Burger: Reinforcing Confrontation Clause Protections and AEDPA Standards in Federal Habeas Review

Date: Feb 18, 2005

Cox v. Burger: Reinforcing Confrontation Clause Protections and AEDPA Standards in Federal Habeas Review Introduction In the case of Clyde Phillip Cox v. Ken Burger, the United States Court of...

Substantial Justification under EAJA: Goad v. Barnhart Analysis

Date: Feb 18, 2005

Substantial Justification under EAJA: Goad v. Barnhart Analysis Introduction Charles E. Goad v. Jo Anne B. Barnhart, 398 F.3d 1021 (8th Cir. 2005), is a pivotal case addressing the nuances of the...

Association with a Disabled Child as Discriminatory Motive: Strate v. Midwest Bankcentre, Inc.

Date: Feb 18, 2005

Association with a Disabled Child as Discriminatory Motive: Strate v. Midwest Bankcentre, Inc. Introduction Janet M. Strate v. Midwest Bankcentre, Inc. is a significant case decided by the United...

Due Process in School Discipline Upheld by Eighth Circuit

Date: Feb 17, 2005

Due Process in School Discipline Upheld by Eighth Circuit Introduction In the case of Jennings and Schwaigert v. Wentzville R-IV School District, the United States Court of Appeals for the Eighth...

Limitations on Medicaid Third-Party Recovery: Eighth Circuit Establishes Preemption of State Laws Extending Beyond Medical Expenses

Date: Feb 10, 2005

Limitations on Medicaid Third-Party Recovery: Eighth Circuit Establishes Preemption of State Laws Extending Beyond Medical Expenses Introduction In the case of Heidi Ahlborn v. Arkansas Department of...

Eighth Circuit Expands 'Intent-to-Harm' Standard in Substantive Due Process Claims to Emergency Response Scenarios

Date: Feb 5, 2005

Eighth Circuit Expands 'Intent-to-Harm' Standard in Substantive Due Process Claims to Emergency Response Scenarios Introduction TERRELL v. LARSON, 396 F.3d 975 (8th Cir. 2005) is a seminal case...

Custody Determination and Voluntariness of Confessions: Insights from United States v. Brave Heart

Date: Feb 5, 2005

Custody Determination and Voluntariness of Confessions: Insights from United States v. Brave Heart Introduction The case of United States of America v. Randall Dewey Brave Heart, Jr. (397 F.3d 1035)...

Establishing Evidentiary Standards in Employment Discrimination Claims: Shanklin v. Pattonville R-111 School District

Date: Feb 5, 2005

Establishing Evidentiary Standards in Employment Discrimination Claims: Shanklin v. Pattonville R-111 School District Introduction Shanklin v. Pattonville R-111 School District is a pivotal case...

Partial Success and Attorney’s Fees in §1983 Appeals: A Commentary on Ste v. Warnock

Date: Feb 5, 2005

Partial Success and Attorney’s Fees in §1983 Appeals: A Commentary on Ste v. Warnock Introduction The case of Steve Warnock v. Charles Archer et al., decided by the United States Court of Appeals for...

Affirmation of the Plain Touch Doctrine in Terry Stops for Drug-Related Seizures

Date: Feb 3, 2005

Affirmation of the Plain Touch Doctrine in Terry Stops for Drug-Related Seizures Introduction In the landmark case of United States v. Bustos-Torres and Magallan-Alfaro, the United States Court of...

Affirmation of Nationwide Class Action Settlement in Wireless Telecommunications Billing Disputes

Date: Feb 2, 2005

Affirmation of Nationwide Class Action Settlement in Wireless Telecommunications Billing Disputes Introduction The case of In re Wireless Telephone Federal Cost Recovery Fees Litigation (396 F.3d...

Retaliatory Discharge under FLSA: Insights from Ryan Grey v. City of Oak Grove

Date: Feb 1, 2005

Retaliatory Discharge under FLSA: Insights from Ryan Grey v. City of Oak Grove Introduction In the landmark case of Ryan Grey, Appellant, v. City of Oak Grove, Missouri, decided by the United States...