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
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
17 Nov	Class Action Litigation Newsletter \| Fall 2021: Seventh, Eighth, Ninth Circuits	Greenberg Traurig, LLP
15 Nov	Eighth Circuit: Procedural Irregularity Not a “Gateway” to De Novo Review of Administrator’s Decision to Deny Benefits	Jackson Lewis P.C.
12 Nov	Federal Court in Minnesota finds Choice of Law Provision Unenforceable Based on California Labor Code Section 925	Greenberg Traurig, LLP
11 Nov	Jury Sides with Insurer in First COVID-19 Jury Trial	Epstein Becker & Green, P.C.
10 Nov	Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond	Bradley Arant Boult Cummings LLP
5 Nov	Biden Workplace Vaccination Rule Challenged by States	Polsinelli PC
25 Oct	Lending Money to a Friend, You Lose Both the Friend and the Money	Nelson Mullins
14 Oct	Arkansas Seeks to Amend President Biden’s Mandate	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
1 Oct	Bad Acts and Actors Never Die; They Simply Lose Their Appeal	Finnegan
28 Sep	PBM Regulatory Landscape Roundup (Summer 2021): A Flurry of Regulations, Rutledge, and a Crucial 8th Circuit Decision	Mintz
18 Sep	Iowa Supreme Court Examines Private Sector Drug-Free Workplaces Statute	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
10 Sep	2 US Circuit Courts Side with Employers, Limit Scope of FLSA Collective Actions Based on Failure to Establish Specific Personal Jurisdiction	Greenberg Traurig, LLP
7 Sep	Company Using Predictive Dialer Prevails in Post-Facebook Decision	Womble Bond Dickinson (US) LLP
2 Sep	Prop 12 Prevails over Constitutionality Complaints	Keller and Heckman LLP
26 Aug	When Pictures Aren’t Pictures: Real Estate Agent-Generated Floor Plans Are Outside Copyright Infringement Exception for Pictorial Representations	McDermott Will & Emery
24 Aug	Federal Court Finds Article III Standing In Data Event Litigation But Dismisses Majority of Plaintiff’s Claims Under Rule 12(b)(6)	Squire Patton Boggs (US) LLP
18 Aug	Court Rejects FCRA Preemption Argument in Financial Privacy Litigation	Squire Patton Boggs (US) LLP
17 Aug	140 Days Later: Here Are Five Things To Know (RIGHT NOW) About How Courts Are Handling ATDS Cases Post Facebook	Squire Patton Boggs (US) LLP
10 Aug	Class Action Litigation Newsletter - Summer 2021: Sixth, Seventh, and Eighth Circuit	Greenberg Traurig, LLP
6 Aug	OPM Working to Implement New FEHB Program Eligibility for Tribally Controlled Schools	Van Ness Feldman LLP
30 Jul	Prescription Practices Called into Question: Iowa Court Applies Four-Factor Test to Physician’s Defamation Claim Based on Report to State Medical Board	Polsinelli PC
29 Jul	New Developments: An Excerpt from Securities Class Action Filings—2021 Midyear Assessment	Cornerstone Research
22 Jul	Court’s Dismissal of Data Breach Litigation Reiterates Importance of Strategic, Informed Decisions Early on Regarding Choice of Law and Nuances Among State Laws	Squire Patton Boggs (US) LLP
20 Jul	Eighth Circuit Affirms Decision Overturning University’s “Deregistration” of Religious Groups	Steptoe & Johnson PLLC
14 Jul	Gross Followed in Missouri!: ATDS Claim Survives Pleadings Stage After Court Deems Facebook Not “Relevant” At Pleadings Stage	Squire Patton Boggs (US) LLP
13 Jul	ERISA 401(k) Performance and Fee Litigation Dismissed for Failure to Provide Comparable Benchmark	Jackson Lewis P.C.
30 Jun	Don’t Sweat It: 8th Circuit Affirms Dismissal of Deodorant Class Action	Proskauer Rose LLP
25 Jun	Nebraska District Court Holds That GIL 24-19-1 is Not Afforded Deference	McDermott Will & Emery
12 Jun	Securities Litigation Update: Eighth Circuit Endorses Striking Class-Action Allegations on the Pleadings, Setting Appellate-Level Precedent for Early Termination of Putative Securities Class Actions	Cadwalader, Wickersham & Taft LLP
10 Jun	Class Action Litigation Newsletter \| Spring 2021 \| Seventh - Eighth Circuits	Greenberg Traurig, LLP
4 Jun	Administrative Exhaustion Is Required Even When Not Mentioned in Plan	Jackson Lewis P.C.
1 Jun	U.S. Bancorp Defeats Class Certification in Challenge to Early Retirement Benefits	Jackson Lewis P.C.
26 May	D&O Insurer Muted by “Uncertainty” in Contract Exclusion, and “Complicated” Endorsements, in Headphone Manufacturer’s Liability Claim	Hunton Andrews Kurth
20 May	Initial Confusion? Relax, Eighth Circuit Has Your Number	McDermott Will & Emery
17 May	Eighth Circuit Holds the Mayo in Tax Regulation Invalidity Case	McDermott Will & Emery
16 May	Faxes with Employee Stress Relief Purpose Bring Back TCPA Pain	Squire Patton Boggs (US) LLP
12 May	Indian Nations Law Update - May 2021	Godfrey & Kahn S.C.
5 May	Eighth Circuit Holds Rule 23(b)(3)’s Predominance Requirement Not Met in Securities Fraud Action Against Brokerage Firm	Sheppard, Mullin, Richter & Hampton LLP
30 Apr	Securities Litigation Update: Eighth Circuit Closes the Door on Securities Class Action Alleging Violation of Broker’s Duty of Best Execution, Highlighting Class Certification Challenges in Atypical Fraud Cases	Cadwalader, Wickersham & Taft LLP
15 Apr	Mexican National Serves Jail Time for Selling Illegally Obtained U.S. Non-Immigrant Work Visas	Norris McLaughlin P.A.
12 Apr	THE NEXT WAVE?: New Suit Against Realtor Shows Potential Path of Post-Facebook TCPA Class Actions	Squire Patton Boggs (US) LLP
9 Apr	Eighth Circuit Allows “Fake Meat” Labeling Law	Keller and Heckman LLP
5 Apr	Court Stays Within the Four Corners–No Dismissal Despite Compelling Evidence of Consent	Squire Patton Boggs (US) LLP
2 Apr	Does A Plaintiff Have Standing To Sue Based On A Purely Technical Violation Of The FCRA’s “Employment Purposes” Protections?	Squire Patton Boggs (US) LLP
31 Mar	Eighth Circuit Orders New Trial for Unauthorized Data Access Under Driver’s Privacy Protection Act	Squire Patton Boggs (US) LLP

November 30, 2021

Volume XI, Number 334

November 30, 2021

November 29, 2021

November 28, 2021

8th Circuit (incl. bankruptcy)

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