8th Circuit Case Commentaries

Kudabeck v. Kroger: Admissibility of Expert Testimony under Rule 702 and Its Implications

Date: Aug 5, 2003

Kudabeck v. Kroger: Admissibility of Expert Testimony under Rule 702 and Its Implications Introduction The case of Donna Kudabeck v. The Kroger Co. (338 F.3d 856) adjudicated in the United States...

Establishing the Reasonableness Standard for Fraudulent Joinder in Diversity Jurisdiction: Filla v. Norfolk Southern Railway Co.

Date: Jul 23, 2003

Establishing the Reasonableness Standard for Fraudulent Joinder in Diversity Jurisdiction: Filla v. Norfolk Southern Railway Co. Introduction In the case of Mark Filla v. Norfolk Southern Railway...

Successor Liability and Contract Enforcement: Insights from Medicine Shoppe International, Inc. v. S.B.S. Pill Dr., Inc.

Date: Jul 23, 2003

Successor Liability and Contract Enforcement: Insights from Medicine Shoppe International, Inc. v. S.B.S. Pill Dr., Inc. Introduction The case of Medicine Shoppe International, Inc. v. S.B.S. Pill...

Balancing the Burden of Proof in Indirect Copyright Infringement: Andreas v. Audi and McKinney Silver

Date: Jul 22, 2003

Balancing the Burden of Proof in Indirect Copyright Infringement: Andreas v. Audi and McKinney Silver Introduction In the landmark case of Brian Andreas v. Volkswagen of America, Inc. (Audi) and...

Enforcing Fair Play through Sanctions for Discovery Misconduct: Heartland Bank v. Heartland Home Finance

Date: Jul 18, 2003

Enforcing Fair Play through Sanctions for Discovery Misconduct: Heartland Bank v. Heartland Home Finance 1. Introduction The case of Heartland Bank, Plaintiff-Appellant, v. Heartland Home Finance,...

Reversal of Disability Benefits Denial in Fibromyalgia Case: Establishing Rigorous Credibility Assessments

Date: Jul 16, 2003

Reversal of Disability Benefits Denial in Fibromyalgia Case: Establishing Rigorous Credibility Assessments Introduction The case of Marilyn Brosnahan v. Jo Anne B. Barnhart, Commissioner, Social...

Enhancing Absolute Quasi-Judicial Immunity in Tribal Jurisdiction Enforcement: Analysis of Penn v. United States

Date: Jul 11, 2003

Enhancing Absolute Quasi-Judicial Immunity in Tribal Jurisdiction Enforcement: Analysis of Penn v. United States Introduction The case of Margaret A. Penn v. United States of America et al., decided...

Reinforcing Retaliation Claims under Title VII: EEOC v. Kohler Company

Date: Jul 11, 2003

Reinforcing Retaliation Claims under Title VII: EEOC v. Kohler Company Introduction The case Equal Employment Opportunity Commission (EEOC) v. Kohler Company addresses pivotal issues surrounding...

Qualified Immunity Affirmed for Correctional Officials in Eighth Circuit's Pagels v. Morrison Decision

Date: Jul 10, 2003

Qualified Immunity Affirmed for Correctional Officials in Eighth Circuit's Pagels v. Morrison Decision Introduction The case of Gary Pagels v. Chris Morrison deals with the application of qualified...

Affirming Non-Severe ADHD with Medication Control in Williams v. Barnhart

Date: Jul 9, 2003

Affirming Non-Severe ADHD with Medication Control in Williams v. Barnhart Introduction In the case of Williams v. Barnhart, adjudicated by the United States Court of Appeals for the Eighth Circuit in...

Heisler v. Metropolitan Council: Procedural Safeguards in ADA Retaliation Claims

Date: Jul 4, 2003

Heisler v. Metropolitan Council: Procedural Safeguards in ADA Retaliation Claims Introduction Kathy Heisler, an appellant with a history of major depressive disorder, filed a lawsuit against her...

Strict Adherence to Habeas Corpus Statute of Limitations Upheld by Eighth Circuit in Curtiss v. Mount Pleasant Correctional Facility

Date: Jul 4, 2003

Strict Adherence to Habeas Corpus Statute of Limitations Upheld by Eighth Circuit in Curtiss v. Mount Pleasant Correctional Facility Introduction Curtiss v. Mount Pleasant Correctional Facility is a...

Limits on Enforcing Appellate Waivers in Plea Agreements Highlighted in United States v. Andis

Date: Jun 28, 2003

Limits on Enforcing Appellate Waivers in Plea Agreements Highlighted in United States v. Andis Introduction The legal landscape surrounding plea agreements and the accompanying waivers of appellate...

Affirmation of Denial of § 2255 Motion in Bear Stops v. United States

Date: Jun 17, 2003

Affirmation of Denial of § 2255 Motion in Bear Stops v. United States Introduction Bear Stops v. United States, 339 F.3d 777 (8th Cir. 2003), is a significant case addressing the standards and...

Clarifying Disability Criteria under ADA: Substantial Limitations Beyond Work-Related Activities – Philip v. Ford Motor Company

Date: May 22, 2003

Clarifying Disability Criteria under ADA: Substantial Limitations Beyond Work-Related Activities – Philip v. Ford Motor Company Introduction The case of George D. Philip v. Ford Motor Company...

Establishing Article III Standing for Innocent Owners in Asset Forfeiture: Bearden and Andrews v. United States

Date: May 20, 2003

Establishing Article III Standing for Innocent Owners in Asset Forfeiture: Bearden and Andrews v. United States Introduction In the landmark case of Bearden and Andrews v. United States, adjudicated...

Mandacina v. United States: Affirmation of Dismissal of Brady and Ineffective Assistance Claims under 28 U.S.C. § 2255

Date: May 17, 2003

Mandacina v. United States: Affirmation of Dismissal of Brady and Ineffective Assistance Claims under 28 U.S.C. § 2255 Introduction The case of John A. Mandacina v. United States of America (328 F.3d...

Statute of Limitations in Title VII Claims Post-Morgan: Insights from Tademe v. Saint Cloud State University

Date: May 16, 2003

Statute of Limitations in Title VII Claims Post-Morgan: Insights from Tademe v. Saint Cloud State University Introduction Tamrat Tademe v. Saint Cloud State University, 328 F.3d 982 (8th Cir. 2003),...

Requirement for Verbal Warnings Before Deploying Police Dogs: Kuha v. City of Minnetonka

Date: May 9, 2003

Requirement for Verbal Warnings Before Deploying Police Dogs: Kuha v. City of Minnetonka Introduction In the case of Jeffrey M. Kuha v. City of Minnetonka, the United States Court of Appeals for the...

Procedural Defaults and Ineffective Assistance of Counsel in Habeas Corpus: Analysis of Taylor v. Bowersox

Date: May 8, 2003

Procedural Defaults and Ineffective Assistance of Counsel in Habeas Corpus: Analysis of Taylor v. Bowersox Introduction Michael Anthony Taylor filed a petition for writ of habeas corpus after being...