8th Circuit Opinions & Cases | National Law Review

The United States Court of Appeals for the Eighth Circuit sits in St. Louis Missouri. The Courthouse is the Thomas F. Eagleton United States Courthouse. In addition to the Court of Appeals, the Eighth Circuit spans over 6-US states, including: Missouri, Arkansas, Iowa, Minnesota, Nebraska, and South Dakota. Although the Eighth Circuit originally had additional states situated in the geographic-region, Congress passed legislation which broke the Circuit into 2-separate circuits, which is known as the Tenth Circuit today.

The courthouses in each state are further broken down into regions. The Eastern District court in Arkansas sits in Little Rock and Western District court is in Fort Smith. The Northern District court in Iowa is in Cedar Rapids, and Southern District is in Des Moines, IA. The District of Minnesota court sits in Minneapolis, the Eastern District court is in St. Louis (Appeals court), and Western District is in Kansas City, MO. The District of Nebraska court sits in Omaha. The Northern District court in South Dakota is in Fargo, and Southern District court is in Sioux Falls, SD.

Currently there are 11 active judges on the bench in the Eighth Circuit and 7 senior judges. The Chief Justice is Lavenski Smith, and the Circuit Justice is Neil Gorsuch. A number of precedent-setting decisions have come from the Eighth District. Frosty Treats Inc. v Sony Computer Entertainment of America, Inc. (2005) is one of those cases. In the trademark case, the court held that Frosty Treats (largest US ice cream company) was not “distinctive” or “famous enough” to receive immunity protections from being used in a violent video game.

The National Law Review covers cases such as Frosty v Sony which deal with trademarks and branding, as well as several other categories and case law. Bankruptcy proceedings, tax related cases, government actions, indemnity cases, state actions, appointments, and State and Federal agency news. The National Law Review also covers the latest news pertaining to legislation, patents, election, and general-information in the legal community.

Date	Title	Organization
5 Aug	Eighth Circuit Cools Off Antitrust Claims Based on Alleged Patent Fraud	McDermott Will & Emery
28 Jul	Trump Campaign Foiled in Early Appeal Attempt	Squire Patton Boggs (US) LLP
15 Jul	What is an ATDS Anyway? Here is Your DEFINITIVE Guide to the Massive Circuit Split Surrounding the TCPA’s ATDS Definition	Squire Patton Boggs (US) LLP
11 Jun	Big Win for Lohman: Court Grants Judgment for TCPA Lawyer in Suit by Aggrieved Consumer– But RICO Problems Still Remain	Squire Patton Boggs (US) LLP
9 Jun	Avoidable Disaster?: Trump Campaign’s Strange Decision to Challenge ATDS Allegations at Pleadings Stage Leads to Marks Being Adopted in D. Minn for the First Time	Squire Patton Boggs (US) LLP
9 Jun	Trump Campaign Fails To Escape TCPA's Clutches	Squire Patton Boggs (US) LLP
9 Jun	Chief Judge Refuses to Dismiss TCPA Class Action Against Donald Trump Campaign	Womble Bond Dickinson (US) LLP
9 Jun	Eighth Circuit Affirms in Part, Reverses in Part University’s Early Win in ERISA Fee Suit	Jackson Lewis P.C.
4 Jun	Is Shoddy Work an Occurrence Under CGL Policies? Not in Missouri	Squire Patton Boggs (US) LLP
1 Jun	U.S. Supreme Court Holds ERISA Defined Benefit Plan Participants Without Monetary Losses Lack Article III Standing to Assert Breach of Fiduciary Duty Claims	Proskauer Rose LLP
30 May	Class Action Litigation Newsletter Spring 2020 - Eighth, Tenth, D.C. Circuits	Greenberg Traurig, LLP
21 May	Indian Nations Law Update - May 2020	Godfrey & Kahn S.C.
21 May	Court Refuses to Enforce “Time-Traveling” Arbitration Clause	Squire Patton Boggs (US) LLP
14 May	For Your Information, Eighth Circuit Upholds Copyright Protection for Database Compilation	McDermott Will & Emery
13 May	Anti-concurrent Clause and Faulty Workmanship Exclusion	Squire Patton Boggs (US) LLP
12 May	TCPA Developments on Definition of ATDS Continue Full Steam in Midst of Global Pandemic	Womble Bond Dickinson (US) LLP
11 May	No Coverage for Breach of Contract Claim Under Commercial General Liability Insurance Policy	Squire Patton Boggs (US) LLP
8 May	Federal Court Dismisses Workers’ Rights Suit against Smithfield Foods Inc.	Keller and Heckman LLP
4 May	Eighth Circuit Applies Subjective Standard to Reasonable Basis Penalty Defense	McDermott Will & Emery
20 Apr	Arbitration Denied: Consumer Did Not “Agree” to After-Added Arbitration Clause	Squire Patton Boggs (US) LLP
15 Apr	COVID-19 Update: COVID-19 and the Courts: Part II How Appellate Court Procedures Are Changing and What May Be Here to Stay	Cadwalader, Wickersham & Taft LLP
3 Apr	A Split Eighth Circuit Affirms Insurer Had a Duty to Defend County Against a 1983 Case	Squire Patton Boggs (US) LLP
30 Mar	Eighth Circuit Rules on ERISA’s “Church Plan” Exemption	Jackson Lewis P.C.
17 Mar	Indian Nations Law Update - March 2020	Godfrey & Kahn S.C.
10 Mar	FLSA Collective Action Trimmed Because Court Lacked Specific Jurisdiction	Jackson Lewis P.C.
26 Feb	When You Agree to Buy Out Partner Upon Death and Fail to Do So Don’t Expect Your Insurer to Defend You	Squire Patton Boggs (US) LLP
21 Feb	Here it Is!: Your Very Own UPDATED TCPA ATDS Scorecard	Squire Patton Boggs (US) LLP
17 Feb	Eighth Circuit Class Action Litigation \| Winter 2019/2020	Greenberg Traurig, LLP
14 Feb	How Public Events Can Shape Private Title IX Proceedings	Wiggin and Dana LLP
14 Feb	Court in W.D. Missouri Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers	Womble Bond Dickinson (US) LLP
12 Feb	Missouri Court Grants Summary Judgment, Eschewing Marks	Squire Patton Boggs (US) LLP
8 Feb	An "Affirmative" Contractual Basis to Permit Class Arbitration Is Required by Eighth Circuit	Mintz
28 Jan	Eighth Circuit Reinstates Arbitration Award Stemming From Federal Crop Insurance Policy	Carlton Fields
27 Jan	Ohio Eighth District Court of Appeals Reverses Enforcement of Employment Arbitration Agreement	Jackson Lewis P.C.
22 Jan	No Class Arbitration Available in PBM Case	Proskauer Rose LLP
17 Jan	Violation of Statute Exclusion Bars Coverage Under Umbrella Policy	Squire Patton Boggs (US) LLP
13 Jan	Million-Dollar Settlement of Billion-Dollar Claim Found Reasonable in Light of Due Process Problems Posed By Disproportionate Damages	Faegre Drinker
13 Jan	Eighth Circuit Strikes Down Multiple Missouri Alcohol Beverage Advertising Laws	McDermott Will & Emery
14 Dec	City of Kirkwood, MO Hits Homerun in Religious Baseball Field Dispute in Eighth Circuit	Robinson & Cole LLP
11 Dec	Arbitration Award in Favor of Subsidiary Precludes Subsequent Litigation Against Parent	Polsinelli PC
11 Dec	Eighth Circuit Rejects Claim That Arbitration Clause in Retainer Was Unconscionable	Carlton Fields
9 Dec	The Solicitor General Weighs In on ERISA Preemption Battle Over PBM State Statutes	Squire Patton Boggs (US) LLP
5 Dec	First to File a Class Action is Not Enough to be Heard First	Squire Patton Boggs (US) LLP
5 Dec	Eighth Circuit Holds Law Firm Partner Not “Employee” Covered by ADEA	Proskauer Rose LLP
2 Dec	Jury Finds Against Female Physician’s Unequal Pay Claims	Jackson Lewis P.C.
26 Nov	Judgment Day: $190k Judgment Against Credit One Bank Entered Following Grueling TCPA Saga—Calls Made to Disconnected Phone Deemed Actionable	Squire Patton Boggs (US) LLP
22 Nov	Eighth Circuit Class Action Litigation \| Fall 2019	Greenberg Traurig, LLP
20 Nov	Appellate Court Tells CitiMortgage It Can’t Force “Repurchase” Of What No Longer Exists	Bilzin Sumberg
18 Nov	Coverage May Exist For Companies Facing Allegations Related To Sexual Abuse	Barnes & Thornburg LLP
13 Nov	Emerging Trend: ADA Does Not Cover Potential Future Disabilities	Proskauer Rose LLP