8th Circuit Case Commentaries

Enhancing Religious Accommodation Standards in Prisons under RLUIPA: Murphy v. Missouri Department of Corrections

Date: Jun 23, 2004

Enhancing Religious Accommodation Standards in Prisons under RLUIPA: Murphy v. Missouri Department of Corrections Introduction Murphy v. Missouri Department of Corrections (372 F.3d 979, 2004) is a...

Substantial Evidence Support in Social Security Disability Claims: Kelley v. Barnhart Analysis

Date: Jun 18, 2004

Substantial Evidence Support in Social Security Disability Claims: Kelley v. Barnhart Analysis Introduction Gregory Kelley, the appellant, filed for disability insurance benefits under Title II and...

Varners v. Peterson Farms: Statute of Limitations Applied to Fraud and Antitrust Claims

Date: Jun 17, 2004

Varners v. Peterson Farms: Statute of Limitations Applied to Fraud and Antitrust Claims Introduction In the case of Varners v. Peterson Farms, the United States Court of Appeals for the Eighth...

Eighth Circuit Upholds SSA's Exclusion of Routine Household Services in Support Calculation for Child's Insurance Benefits

Date: Jun 17, 2004

Eighth Circuit Upholds SSA's Exclusion of Routine Household Services in Support Calculation for Child's Insurance Benefits Introduction The case of Larry Reutter v. Jo Anne B. Barnhart explores the...

Admissibility of Hearsay Mitigating Evidence in Death Penalty Sentencing: BROWN v. LUEBBERS Establishes AEDPA Deference Standards

Date: Jun 16, 2004

Admissibility of Hearsay Mitigating Evidence in Death Penalty Sentencing: BROWN v. LUEBBERS Establishes AEDPA Deference Standards Introduction The case of Vernon Brown v. Allen D. Luebbers,...

Affirmation of Rodney Clay Evans' Conviction: Standards for Habeas Corpus Under AEDPA

Date: Jun 11, 2004

Affirmation of Rodney Clay Evans' Conviction: Standards for Habeas Corpus Under AEDPA Introduction In the case of Rodney Clay Evans v. Allen LuEBbers, decided on June 10, 2004, the United States...

Application of the Lowest Intermediate Balance Test in Tracing Cash Collateral within Bankruptcy Proceedings: Insights from In re: MJK Clearing, Inc.

Date: Jun 10, 2004

Application of the Lowest Intermediate Balance Test in Tracing Cash Collateral within Bankruptcy Proceedings: Insights from In re: MJK Clearing, Inc. Introduction The case of In re: MJK Clearing,...

Affirming the Restriction on Third-Party Beneficiary Claims in Construction Performance Bonds: Iafrate v. Potashnick Construction

Date: Jun 2, 2004

Affirming the Restriction on Third-Party Beneficiary Claims in Construction Performance Bonds: Iafrate v. Potashnick Construction Introduction In the case of Angelo Iafrate Construction, LLC v....

Eighth Circuit Reinforces ERISA's Equitable Remedies: Prejudgment Interest Remains Viable Post-Knudson

Date: May 25, 2004

Disclaimer: The following commentary is intended for informational purposes only and does not constitute legal advice. For legal advice, consult a qualified attorney. Eighth Circuit Reinforces...

Eighth Circuit Clarifies Unconscionability Standards in Employment Arbitration Agreements

Date: May 22, 2004

Eighth Circuit Clarifies Unconscionability Standards in Employment Arbitration Agreements Introduction In the landmark case of Ste v. R. Faber, Appellee, 367 F.3d 1048 (8th Cir. 2004), the United...

Affirmance Without Opinion: Eighth Circuit Upholds BIA’s Streamlining Procedure in Asylum Appeals

Date: May 18, 2004

Affirmance Without Opinion: Eighth Circuit Upholds BIA’s Streamlining Procedure in Asylum Appeals Introduction The case of Joseph Ngure v. John D. Ashcroft, Attorney General of the United States (367...

Affirmation of Disability Benefits Denial: Residual Functional Capacity and Availability of Light Work in Sultan v. Barnhart

Date: May 14, 2004

Affirmation of Disability Benefits Denial: Residual Functional Capacity and Availability of Light Work in Sultan v. Barnhart 1. Introduction Talat E. Sultan v. Jo Anne B. Barnhart is a pivotal case...

Admissibility of Coconspirator Statements and Confrontation Clause Compliance in United States v. Manfre

Date: May 12, 2004

Admissibility of Coconspirator Statements and Confrontation Clause Compliance in United States v. Manfre Introduction In the landmark case United States v. Manfre (368 F.3d 832, 8th Cir. 2004), the...

Eighth Circuit Reinforces Jury's Role in Credibility Determinations for Conspiracy Charges

Date: May 12, 2004

Eighth Circuit Reinforces Jury's Role in Credibility Determinations for Conspiracy Charges Introduction The case of United States of America v. Kerry L. Baker, reported in 367 F.3d 790, serves as a...

Ineligibility for Asylum Due to Serious Nonpolitical Crimes: Chay-Velasquez v. Ashcroft

Date: May 7, 2004

Ineligibility for Asylum Due to Serious Nonpolitical Crimes: Chay-Velasquez v. Ashcroft Introduction Manuel Admin Chay-Velasquez, a native of Guatemala, sought political asylum, withholding of...

Proper Assessment of Self-Injurious Behavior in SSI Claims: Moore v. Barnhart

Date: May 5, 2004

Proper Assessment of Self-Injurious Behavior in SSI Claims: Moore v. Barnhart 1. Introduction Moore v. Barnhart is a landmark case adjudicated by the United States Court of Appeals for the Eighth...

Constructive Possession and Mere Presence Defense: Comprehensive Analysis of United States v. Serrano-Lopez

Date: May 4, 2004

Constructive Possession and Mere Presence Defense: Comprehensive Analysis of United States v. Serrano-Lopez Introduction United States v. Serrano-Lopez is a pivotal case adjudicated by the United...

Proper Evaluation of Treating Physicians’ Opinions in Social Security Disability Determinations: Forehand v. Barnhart

Date: Apr 27, 2004

Proper Evaluation of Treating Physicians’ Opinions in Social Security Disability Determinations: Forehand v. Barnhart Introduction The case of Eula Forehand v. Jo Anne B. Barnhart, Commissioner,...

Eighth Circuit Reinforces Requirements for Adequate Pleading in Pro Se Appeals

Date: Apr 15, 2004

Eighth Circuit Reinforces Requirements for Adequate Pleading in Pro Se Appeals Introduction In the landmark case of Charles Richard Stone v. Rick Harry et al., decided on April 14, 2004, the United...

Affirmation of Summary Judgment in Public Employment Due Process and First Amendment Claims: Howard v. Columbia Public School District

Date: Apr 14, 2004

Affirmation of Summary Judgment in Public Employment Due Process and First Amendment Claims: Howard v. Columbia Public School District Introduction The case of Karol K. Howard v. Columbia Public...