8th Circuit (incl. bankruptcy)

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
22
Feb
Copyrightability? Think Outside the Checkbox McDermott Will & Emery
13
Feb
Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
13
Feb
Class Action Litigation Newsletter | 4th Quarter 2023 Greenberg Traurig, LLP
12
Feb
EnforceMintz — DOJ’s Limited Use of NPAs and DPAs in Criminal Health Care Investigations Mintz
9
Feb
NICE WORK: Court Strikes Part of a TCPA Class Definition and Does A Really Nice Job Of Applying the Rules On Objective Pleading Troutman Amin, LLP
2
Feb
Trade Secrets Year in Review: 2023 Greenberg Traurig, LLP
24
Jan
Climate Change Litigation – State Tort Cases Move Ahead Blank Rome LLP
17
Jan
Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright Conundrums ArentFox Schiff LLP
15
Jan
ULTIMATE GAG ORDER?: Repeat TCPA Litigator Banned From Contacting SelectQuote and I Have Never Seen Anything Like It Troutman Amin, LLP
12
Jan
Downstream Telemarketing Vendors Beware: You May Be on the Hook for Your Partner’s TCPA Troubles Troutman Amin, LLP
9
Jan
LOGIC: You Can’t Sue for a TCPA Violation That Didn’t Cause Harm Troutman Amin, LLP
8
Jan
Missouri Court Denies Dismissal of SIFMA Challenge to Missouri’s Anti-ESG Rules for Financial Advisers Proskauer Rose LLP
4
Jan
DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review? Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
22
Dec
Health Insurers Sued Over Use of Artificial Intelligence to Deny Medical Claims ArentFox Schiff LLP
12
Dec
COVID Vaccine Class Action Reminds Employers to Individually Consider Accommodations Hunton Andrews Kurth
11
Dec
DEI Under Scrutiny, Part III: High Court Wades Into Questions of Whether Title VII Sex Discrimination Requires Material Harm Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
29
Nov
Federal Courts Continue to Grapple with Causation in Anti-Kickback-Based False Claims Act Cases Squire Patton Boggs (US) LLP
16
Nov
Eighth Circuit Court Vacates EPA Rule Revoking All Chlorpyrifos Tolerances Bergeson & Campbell, P.C.
9
Nov
A Different Type of Transfer Portal? Supreme Court Looking at Employment Transfer Discrimination Case Bradley Arant Boult Cummings LLP
3
Nov
Federal Jury: Trade Association and Real Estate Brokerages Conspired to Inflate Commissions, $1.8B in Damages to Plaintiffs Sheppard, Mullin, Richter & Hampton LLP
31
Oct
The Haunting in the Cornfield: Relators’ Qui Tam Claim Confirmed Dead by the Eighth Circuit Bradley Arant Boult Cummings LLP
25
Oct
B&D Forecast: 2023 Litigation Trends to Watch Beveridge & Diamond PC
16
Oct
Court Rejects Differing Site Condition Claim for Lack of Timely Notice Bradley Arant Boult Cummings LLP
13
Oct
Missouri Federal Court Declines to Transfer Case to Join Session Replay Class Actions in Washington and Dismisses Case for Plaintiff’s Failure to Allege Standing Squire Patton Boggs (US) LLP
13
Oct
SCOTUS Cert Recap: SCOTUS Adds 12 Cases To Docket, Including On Free Speech, Takings, Constitutional Remedies, And Claim Accrual Barnes & Thornburg LLP
5
Oct
Courts Continue to Grapple with the Causation Standard for False Claims Act Suits Based on Alleged Kickback Schemes, While the Supreme Court Stays on the Sidelines Mintz
28
Sep
Impending Rite Aid Chapter 11 Bankruptcy – 4 Things Trade Creditors and Landlords Should Know Stark & Stark
19
Sep
A Great River of LLC’s: The Eighth Circuit’s Take on Properly Assessing Diversity Jurisdiction Hunton Andrews Kurth
24
Aug
Uncompleted Building Sold in Bankruptcy Doesn’t Infringe Architect’s Copyright McDermott Will & Emery
10
Aug
A Textbook Example: Single Online Sale Does Not a Minimum Contact Make McDermott Will & Emery
11
Jul
The Wash Sales Rule and How Cryptocurrencies are Categorized ASKramer Law
5
Jul
Kudos to Kentucky, not that the 6th Circuit stay of its WOTUS challenge is going to matter very much Mintz
5
Jul
Court Looks at What a Franchise Is Under the Minnesota Franchise Act Foley & Lardner LLP
13
Jun
Ninth Circuit Holds that Registration of a Single Photography Database Supports Award of Statutory Damages for Each Individual Photo in the Database Squire Patton Boggs (US) LLP
28
May
Tax Court Provides Helpful Guidance on Requirements for Tax-Free Profits Interests Proskauer Rose LLP
14
May
Class Action Litigation Newsletter | 1st Quarter 2023 Greenberg Traurig, LLP
13
Apr
Surprising no one, EPA's eighth attempt to determine the reach of the Clean Water Act is now the law in less than half of the United States! Mintz
5
Apr
False Claims Act: Appellate Court Deepens Circuit Split in Favor of Healthcare Defendants Polsinelli PC
27
Mar
Green Light at the Intersection of First Amendment and Patent-Related Speech Bradley Arant Boult Cummings LLP
17
Mar
Eighth Circuit Confirms Breadth of Commercial Crime Policy Includes Loss from Actual and Implied Takings Hunton Andrews Kurth
10
Mar
Trade Secret Law Evolution Podcast Episode 53: Pleading on “Information and Belief” and the Time Period for which Damages are Recoverable [PODCAST] Greenberg Traurig, LLP
15
Feb
ERISA Fiduciary Breach Action Narrowly Hurdles Motion to Dismiss in Minnesota Jackson Lewis P.C.
9
Feb
Actual Confusion Is the Best Evidence of Confusion McDermott Will & Emery
22
Dec
Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA Bradley Arant Boult Cummings LLP
29
Nov
Functionality Dooms Alleged Trade Dress Protection McDermott Will & Emery
21
Nov
“REMOTE OR MINOR COMMERCIAL PURPOSE” IS NOT MARKETING: Eighth Circuit Court of Appeals Decides Major TCPA Fax Case Opening the Door to Broader Faxing Troutman Amin, LLP
8
Nov
Class Action Litigation Newsletter | Fall 2022 Greenberg Traurig, LLP
18
Oct
Eighth Circuit Joins Growing Number of Courts Rejecting Common ERISA Fee and Investment Claims Proskauer Rose LLP
6
Oct
Micronesian Couple Pleads Guilty to Withholding Passports for Labor Trafficking The U.S. Department of Justice
3
Oct
Eighth Circuit Holds Principal Did Not Breach Its Fiduciary Duty to 401(k) Plan Participants Despite Conflict of Interest Jackson Lewis P.C.
 

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