8th Circuit Case Commentaries

Affirming Dismissal of Tortious Interference Claims under Rule 12(b)(6): Insights from Combined Aircraft Ownership, LLC v. Learjet, Inc.

Date: Jun 5, 2024

Affirming Dismissal of Tortious Interference Claims under Rule 12(b)(6): Insights from Combined Aircraft Ownership, LLC v. Learjet, Inc. Introduction The case of Combined Aircraft Ownership, LLC...

Affirmation of Disability Denial Under Updated Standards of 20 C.F.R. § 404.1520c: Key v. O'Malley

Date: Jun 5, 2024

Affirmation of Disability Denial Under Updated Standards of 20 C.F.R. § 404.1520c: Key v. O'Malley Introduction Key v. O'Malley, 8th Circuit, 2024, addresses significant procedural and substantive...

Affirmation of Upward Sentencing Variance in Drug Trafficking and Firearm Possession: United States v. Ahmed

Date: Jun 5, 2024

Affirmation of Upward Sentencing Variance in Drug Trafficking and Firearm Possession: United States v. Ahmed Introduction The case of United States of America Plaintiff - Appellee v. Mohamed Gamar...

Affirmation of CISG Governing International Sales Contracts: Brands International Corp. v. Reach Companies, LLC

Date: May 31, 2024

Affirmation of CISG Governing International Sales Contracts: Brands International Corp. v. Reach Companies, LLC Introduction In the landmark case of Brands International Corporation v. Reach...

Eighth Circuit Upholds Procedural Safeguards in United States v. Maloney

Date: May 25, 2024

Eighth Circuit Upholds Procedural Safeguards in United States v. Maloney Introduction In the landmark appellate decision of United States of America v. Robert Edward Maloney, 102 F.4th 904 (8th Cir....

Affirmation of Pore Space Compensation Rights in Continental Resources v. Fisher

Date: May 25, 2024

Affirmation of Pore Space Compensation Rights in Continental Resources, Inc. v. Fisher Introduction In the case of Continental Resources, Inc., an Oklahoma corporation Plaintiff-Appellant v. Rick...

Eighth Circuit Establishes Robust Standards for Religious Accommodation under Title VII and MHRA in Vaccine Mandate Disputes

Date: May 25, 2024

Eighth Circuit Establishes Robust Standards for Religious Accommodation under Title VII and MHRA in Vaccine Mandate Disputes Introduction In the landmark case Kenneth Ringhofer Plaintiff - Appellant...

Eighth Circuit Upholds Qualified Immunity for Police Removal of Street Preacher at Secular Festival

Date: May 24, 2024

Eighth Circuit Upholds Qualified Immunity for Police Removal of Street Preacher at Secular Festival Introduction The case of Cory Sessler v. City of Davenport, Iowa et al., adjudicated by the United...

Affirmation of Sentencing with Vacatur of Standard Supervised Release Conditions: United States v. Palomerez-Heredia

Date: May 23, 2024

Affirmation of Sentencing with Vacatur of Standard Supervised Release Conditions: United States v. Palomerez-Heredia Introduction In the case of United States of America Plaintiff - Appellee v....

Eighth Circuit Upholds Maximum Sentence for Felon in Possession, Highlighting Judicial Discretion under 18 U.S.C. § 3553(a)

Date: May 23, 2024

Eighth Circuit Upholds Maximum Sentence for Felon in Possession, Highlighting Judicial Discretion under 18 U.S.C. § 3553(a) Introduction In the case of United States of America v. Leonard Haskins...

Affirmation of Knowledge Requirement in Firearm Possession by Unlawful Aliens: United States v. Atilano

Date: May 21, 2024

Affirmation of Knowledge Requirement in Firearm Possession by Unlawful Aliens: United States v. Atilano Introduction In the case of United States of America Plaintiff - Appellee v. Luis Antonio...

Strict Interpretation of Warranty Provisions: Eighth Circuit Excludes Design Defects in Secura v. Deere

Date: May 21, 2024

Strict Interpretation of Warranty Provisions: Eighth Circuit Excludes Design Defects in Secura v. Deere Introduction In the case of Secura Insurance Company, as subrogee of Molitor Equipment, LLC,...

Duty to Defend Under Communications and Media Liability Coverage: Dexon Computer, Inc. v. Travelers Property Casualty Co. of America

Date: May 21, 2024

Duty to Defend Under Communications and Media Liability Coverage: Dexon Computer, Inc. v. Travelers Property Casualty Co. of America Introduction In the landmark case of Dexon Computer, Inc. v....

Durakovic v. Garland: Eighth Circuit Affirms Strict Nexus Requirement for Asylum and Withholding of Removal

Date: May 21, 2024

Durakovic v. Garland: Eighth Circuit Affirms Strict Nexus Requirement for Asylum and Withholding of Removal Introduction In the case of Elvir Durakovic; Sanela Durakovic; A.D. Petitioners v. Merrick...

New Precedent on Mootness and Supplemental Jurisdiction in Wind Energy Permit Cases: Shenandoah Hills Wind Project Decision

Date: May 18, 2024

New Precedent on Mootness and Supplemental Jurisdiction in Wind Energy Permit Cases: Shenandoah Hills Wind Project Decision Introduction The case of James Hunter et al. v. Page County, Iowa et al....

Revocation of Self-Representation Rights in Sovereign Citizen Context: United States v. Willis

Date: May 14, 2024

Revocation of Self-Representation Rights in Sovereign Citizen Context: United States v. Willis Introduction In the case of United States of America Plaintiff-Appellee v. Anthony Willis...

Expanded Interpretation of Reasonable Suspicion in High-Crime Areas: McMillion v. United States

Date: May 14, 2024

Expanded Interpretation of Reasonable Suspicion in High-Crime Areas: McMillion v. United States Introduction The case of United States of America Plaintiff-Appellant v. Mykel Lee McMillion...

Eighth Circuit Affirms Eligibility for Compensatory Education Beyond Age 21 under IDEA

Date: May 11, 2024

Eighth Circuit Affirms Eligibility for Compensatory Education Beyond Age 21 under IDEA Introduction In the landmark case of Charles Kass, Parent/Guardian; Lisa Kass, Parent/Guardian; Brody Kass...

Enforceability of Comprehensive Release Agreements in Investment Contracts Upheld

Date: May 9, 2024

Enforceability of Comprehensive Release Agreements in Investment Contracts Upheld Introduction In the case of SBFO Operator No. 3, LLC; HC Stores 2017, LLC; SBFO Operator No. 4, LLC; SBFO Operator...

Enforcement of FRCP 26(a) in Expert Witness Disclosure: Affirmation in KOKO Development, LLC v. Phillips & Jordan, Inc.

Date: May 8, 2024

Enforcement of FRCP 26(a) in Expert Witness Disclosure: Affirmation in KOKO Development, LLC v. Phillips & Jordan, Inc. Introduction In KOKO Development, LLC v. Phillips & Jordan, Inc.; DW...