8th Circuit Case Commentaries

Affirmation of Non-Disability Determination in Social Security Case: Jones v. Barnhart

Date: Jan 11, 2003

Affirmation of Non-Disability Determination in Social Security Case: Jones v. Barnhart Introduction The case of Barbara Jones, on behalf of David R. Morris, deceased, v. Jo Anne B. Barnhart,...

Clarifying Spousal Privilege and Evidence Sufficiency in Conspiracy to Distribute Methamphetamine: United States v. Espino

Date: Jan 10, 2003

Clarifying Spousal Privilege and Evidence Sufficiency in Conspiracy to Distribute Methamphetamine: United States v. Espino Introduction United States of America v. Jose Espino, 317 F.3d 788,...

Enforceability of Disclaimers in Franchise Agreements: The Meehan v. Consumers Club Precedent

Date: Dec 11, 2002

Enforceability of Disclaimers in Franchise Agreements: The Meehan v. Consumers Club Precedent Introduction In Harry D. Meehan, Jr.; Harry D. Meehan, Sr., Appellants, v. UNITED CONSUMERS CLUB...

Eighth Circuit Revises Time-Bar Standards for Title VII Hostile Work Environment Claims in Jensen v. Postal Service

Date: Dec 11, 2002

Eighth Circuit Revises Time-Bar Standards for Title VII Hostile Work Environment Claims in Jensen v. Postal Service Introduction In Bonnie J. Jensen v. William J. Henderson, decided on December 10,...

Enforcement of Contractual Agreements Under Statute of Frauds: Casazza v. Kiser

Date: Dec 11, 2002

Enforcement of Contractual Agreements Under Statute of Frauds: Casazza v. Kiser Introduction The case of James Casazza v. Joseph C. Kiser (313 F.3d 414) adjudicated by the United States Court of...

Clarifying Fair Credit Reporting Act Liability in Phillips v. Grendahl

Date: Dec 6, 2002

Clarifying Fair Credit Reporting Act Liability in Phillips v. Grendahl Introduction Case: Lavon Phillips, Plaintiff-Appellant vs. Mary K. Grendahl; Econ Control, Inc., d/b/a Sherlock Information...

Ineffective Assistance of Counsel and Confession Voluntariness under AEDPA: Smith v. Bowersox

Date: Nov 30, 2002

Ineffective Assistance of Counsel and Confession Voluntariness under AEDPA: Smith v. Bowersox Introduction The case of Keith A. Smith v. Michael Bowersox, adjudicated by the United States Court of...

Standing to Enforce Consent Decrees: Insights from Pure Country, Inc. v. Sigma Chi Fraternity

Date: Nov 28, 2002

Standing to Enforce Consent Decrees: Insights from Pure Country, Inc. v. Sigma Chi Fraternity Introduction Pure Country, Inc. v. Sigma Chi Fraternity, 312 F.3d 952 (8th Cir. 2002), addresses critical...

Dorman Hartley v. Dillard's: Enhancing the Framework for Mixed Motive and Pretext in Age Discrimination Claims

Date: Nov 19, 2002

Dorman Hartley v. Dillard's: Enhancing the Framework for Mixed Motive and Pretext in Age Discrimination Claims Introduction In the landmark case of Dorman Hartley v. Dillard's, Inc. (310 F.3d 1054,...

United States v. Arboleda A. Ortiz: Affirmation of Miranda Waiver Validity Despite Vienna Convention Violations

Date: Nov 6, 2002

Disclaimer: This commentary is provided for informational purposes only and does not constitute legal advice. For legal advice, please consult a qualified attorney. United States v. Arboleda A....

AdvancePCS v. United Healthcare & AARP: Establishing New Standards in Deceptive Trade Practices

Date: Nov 2, 2002

AdvancePCS v. United Healthcare & AARP: Establishing New Standards in Deceptive Trade Practices Introduction The legal landscape surrounding deceptive trade practices was notably shaped by the case...

Affirmation of Joint and Several Liability for Costs in Multi-Plaintiff Antitrust Actions: CONCORD BOAT CORP. v. BRUNSWICK CORP.

Date: Oct 26, 2002

Affirmation of Joint and Several Liability for Costs in Multi-Plaintiff Antitrust Actions: CONCORD BOAT CORP. v. BRUNSWICK CORP. Introduction The case of Concord Boat Corporation et al. v. Brunswick...

Dolph v. Barnhart: Establishing Standards for Evaluating Residual Functional Capacity in Disability Claims

Date: Oct 22, 2002

Dolph v. Barnhart: Establishing Standards for Evaluating Residual Functional Capacity in Disability Claims Introduction Diane K. Dolph v. Jo Anne B. Barnhart, 308 F.3d 876 (8th Cir. 2002), is a...

Amendment of Exempt Property in Bankruptcy: Eighth Circuit Reverses Bad Faith Denial in In re Kenneth L. Kaelin

Date: Oct 22, 2002

Amendment of Exempt Property in Bankruptcy: Eighth Circuit Reverses Bad Faith Denial in In re Kenneth L. Kaelin Introduction The case of In re Kenneth L. Kaelin addresses critical issues surrounding...

Affirmation of Limited Warranty Exceptions in Product Liability Cases: ARASCO v. Chief Industries

Date: Oct 17, 2002

Affirmation of Limited Warranty Exceptions in Product Liability Cases: ARASCO v. Chief Industries Introduction ARABIAN AGRICULTURE SERVICES COMPANY (ARASCO) v. CHIEF INDUSTRIES, INC., 309 F.3d 479...

Consent to Search in the Wake of Illegal Drug Checkpoints: Insights from United States v. Yousif

Date: Oct 8, 2002

Consent to Search in the Wake of Illegal Drug Checkpoints: Insights from United States v. Yousif Introduction In the landmark case of United States v. Yousif, 308 F.3d 820 (8th Cir. 2002), the United...

Eighth Circuit Clarifies Scope of Qualified Immunity in Employment Retaliation and First Amendment Cases

Date: Oct 8, 2002

Eighth Circuit Clarifies Scope of Qualified Immunity in Employment Retaliation and First Amendment Cases Introduction The case of Barbara Sparr v. Janet Ward, decided by the United States Court of...

Affirmation of Remand Order in Lindsey v. Dillard's: Clarifying Supplemental Jurisdiction and Removal Limitations

Date: Oct 8, 2002

Affirmation of Remand Order in Lindsey v. Dillard's: Clarifying Supplemental Jurisdiction and Removal Limitations Introduction The case Rita Lindsey v. Dillard's, Inc., 306 F.3d 596 (8th Cir. 2002),...

Enforcing Administrative Exhaustion Requirements under PLRA: Eighth Circuit in Lyon v. Vande Krol

Date: Oct 5, 2002

Enforcing Administrative Exhaustion Requirements under PLRA: Eighth Circuit in Lyon v. Vande Krol Introduction The case of Everett R. LYON v. DEL VANDE KROL, Paul Hedgepeth, James Helling, and Rabbi...

Reaffirming Intent: Campos v. United States Establishes Robust Standards for Distribution Intent in Drug Possession Cases

Date: Oct 5, 2002

Reaffirming Intent: Campos v. United States Establishes Robust Standards for Distribution Intent in Drug Possession Cases Introduction Campos v. United States, 306 F.3d 577 (8th Cir. 2002), serves as...