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
18 Aug	Single T-Shirt Sale Can’t Clothe Bare-Bones Personal Jurisdiction Claim	McDermott Will & Emery
15 Aug	FCA Enforcement: Eighth Circuit Requires But-For Causation for Anti-Kickback FCA Violations	Foley & Lardner LLP
10 Aug	Class Action Litigation Newsletter \| Summer 2022	Greenberg Traurig, LLP
29 Jul	Eighth Circuit: In False Claims Act Cases Based On Kickback Violations, the Kickback Violation Must Be the “But For” Cause of the Items and Services Subject to the Claim	Sheppard, Mullin, Richter & Hampton LLP
19 Jul	Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds	Jackson Lewis P.C.
7 Jul	Supreme Court Rules on the Requirements for a Waiver of the Right to Arbitrate	Proskauer Rose LLP
1 Jul	Class Action Trends Report: Other Class Action Developments	Jackson Lewis P.C.
28 Jun	Was There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron Symbol	Bradley Arant Boult Cummings LLP
20 Jun	How Not to Waive Your Right to Arbitrate	Much Shelist, P.C.
15 Jun	Supreme Court Declines to Resolve Circuit Split on Exercise of Personal Jurisdiction in FLSA Collective Actions	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
13 Jun	U.S. Supreme Court Unanimously Rules that Waiver of Arbitration Right Does Not Require a Showing of Prejudice	Foley & Lardner LLP
31 May	Procedural Actions Following the Supreme Court Remand in Boechler	Miller Canfield
27 May	SCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver Analysis	Bradley Arant Boult Cummings LLP
26 May	Delay in Enforcing Trademark Measured from When Infringement Became Actionable	McDermott Will & Emery
25 May	Supreme Court Rules That Prejudice Is Not a Required Element To Establish Waiver of an Agreement To Arbitrate	ArentFox Schiff LLP
25 May	Federal Court Finds Tort Claims Preempted by CERCLA Consent Decree	Hunton Andrews Kurth
9 May	Void vs. Voidable: The Distinction That Can Make or Break a Tortious Interference Claim in Light of the Great Resignation	Sheppard, Mullin, Richter & Hampton LLP
3 May	To Mandate Vax or Not, That Is the Question: Federal Contractor Vaccine Mandates Before Several Appellate Courts	Bradley Arant Boult Cummings LLP
29 Apr	Class Action Litigation Newsletter \| Spring 2022	Greenberg Traurig, LLP
21 Apr	Supreme Court Decides Five Cases, Some of Which Lay Down Markers That Could Impact Future Decisions: SCOTUS Today	Epstein Becker & Green, P.C.
14 Apr	No Breach of Contract Where Company Disclosed Its Own Non-Public Information	McDermott Will & Emery
12 Apr	Eighth Circuit Finds Text Messaging System did not Violate Telephone Consumer Protection Act	Dinsmore & Shohl LLP
4 Apr	Key Litigation Takeaways From Rare Data Breach Trial	Squire Patton Boggs (US) LLP
29 Mar	PBM Regulatory Roundup (Spring 2022): The 8th Circuit Rules and More States Issue Regulations	Mintz
28 Mar	Four Indicted for $16 Million Money Laundering Scheme	ArentFox Schiff LLP
24 Mar	Eighth Circuit Defends Use of Term “Patent Troll,” Vacates Injunction against Infringement Defendant	McDermott Will & Emery
25 Feb	Ninth Time Is Not the Charm: Eighth Circuit Denies Serial-Requesting Plaintiff’s ADA Claim	Bradley Arant Boult Cummings LLP
25 Feb	Class Action Litigation Newsletter \| Winter 2021/2022	Greenberg Traurig, LLP
18 Feb	Jackson Lewis Class Action Trends Report 2022: COVID-19 Vaccine Mandate Litigation	Jackson Lewis P.C.
17 Feb	Target Date Fund Performance Litigation – Advice for Plan Fiduciaries	Squire Patton Boggs (US) LLP
11 Feb	T-Mobile MDL Update: Where Are We Now?	Squire Patton Boggs (US) LLP
27 Jan	Appeal Shuttered for Lack of Finality	McDermott Will & Emery
24 Jan	No Random Calls? No TCPA Claim Court Holds!– But Stay Cautious TCPAWorld	Troutman Firm
17 Jan	SelectQuote Beats TCPA Suit Based on Acquisition: Online Insurance Shopper Not Liable For Calls Made Before it Owned Lead Source	Troutman Firm
14 Jan	Eleventh Circuit Highlights Importance of Unambiguous Disclaimers in SPDs	Jackson Lewis P.C.
14 Jan	SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
11 Jan	Trending in Tort Law Part II: Courts Address the Growing Use of Public Nuisance in Mass Torts	ArentFox Schiff LLP
17 Dec	Update: CMS Interim Final Rule Stay Lifted Nationwide, Still in Effect in Twenty-Four Plaintiff States	Epstein Becker & Green, P.C.
14 Dec	A Busy Day in Court For COVID-19 Vaccine Mandates in Healthcare	Jackson Lewis P.C.
9 Dec	T-Mobile MDL Headed to Missouri Federal Court	Squire Patton Boggs (US) LLP
7 Dec	Eighth Circuit: District Court Improperly Resolved Factual Disputes on Summary Judgment in ERISA Benefits Case, But Error Harmless	Jackson Lewis P.C.
3 Dec	A Forgiving Response to a Candidly Admitted Error But Still Costly	Finnegan
2 Dec	Courts Grant Preliminary Injunctions Placing CMS Interim Final Rule on Hold	Epstein Becker & Green, P.C.
1 Dec	Legal Status of Vaccine Mandates	Foley & Lardner LLP
30 Nov	Where “Primary Purpose” is to “Inform” Rather Than “Promote,” a Fax Does Not Consitute an “Unsolicited Advertisement” Under the TCPA	Squire Patton Boggs (US) LLP
30 Nov	Court Blocks Implementation of CMS Vaccine Mandate in 10 States	Greenberg Traurig, LLP
30 Nov	Centers for Medicare & Medicaid Barred From Enforcing Mandatory COVID-19 Vaccine Rule in 10 States	Jackson Lewis P.C.
30 Nov	Federal Judge Shelves President Biden’s CMS Vaccine Mandate …. But in Only 10 States	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
23 Nov	What Am I Signing? – New Ruling on Arbitration Clauses in Admission Agreements	Norris McLaughlin P.A.
22 Nov	IRS Announces Nonacquiescence in Mayo Tax Regulation Invalidity Holding	McDermott Will & Emery

August 18, 2022

Volume XII, Number 230

August 18, 2022

August 17, 2022

August 16, 2022

August 15, 2022

8th Circuit (incl. bankruptcy)

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