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.

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Apr 16 2018	Financial Conflict of Interest in the Eighth Circuit: Trigger of a Less Deferential Standard of Review or Mere Factor in Determining Plan Administrator Abuse of Discretion?	Jackson Lewis P.C.
Dec 14 2021	A Busy Day in Court For COVID-19 Vaccine Mandates in Healthcare	Jackson Lewis P.C.
Jul 1 2022	Class Action Trends Report: Other Class Action Developments	Jackson Lewis P.C.
Jun 6 2016	Termination For Conduct Caused By Side Effects of Prescription Medication Was Not Disability Discrimination	Jackson Lewis P.C.
Nov 28 2017	Minnesota Court Of Appeals Reaffirms That A Non-Compete Must Be Part Of A Job Offer To A Prospective Employee	Jackson Lewis P.C.
May 7 2014	Delivery Truck Driver was an Independent Contractor, not an Employee, Arkansas Federal Court Rules	Jackson Lewis P.C.
Oct 25 2016	Finding the “Implicit” Accommodation Request under the Americans with Disabilities Act	Jackson Lewis P.C.
Aug 16 2017	Federal Court Dismisses Employer’s Claims For Indemnification and Contribution Against Drug Testing Vendor After False Positive Drug Test Result	Jackson Lewis P.C.
Aug 16 2019	Covered and Uncovered Claims — When Allocation Is Required	Jackson Lewis P.C.
Jul 19 2022	Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds	Jackson Lewis P.C.
Feb 15 2023	ERISA Fiduciary Breach Action Narrowly Hurdles Motion to Dismiss in Minnesota	Jackson Lewis P.C.
Dec 9 2013	Inability to Perform Essential Job Functions after FMLA (Family Medical Leave Act) Leave Sinks LPN’s Disability Discrimination, FMLA Claims	Jackson Lewis P.C.
Aug 4 2014	Does Dodd-Frank Act Protect Whistleblower Who Did Not Report to SEC?	Jackson Lewis P.C.
Aug 26 2019	Court Dismisses Title IX Lawsuit Over University’s Cutting Women’s Ice Hockey Program	Jackson Lewis P.C.
Nov 11 2019	Can an Employer Refuse to Hire an Employee Because of the Employee’s Risk of Developing a Disability?	Jackson Lewis P.C.
Nov 15 2021	Eighth Circuit: Procedural Irregularity Not a “Gateway” to De Novo Review of Administrator’s Decision to Deny Benefits	Jackson Lewis P.C.
Aug 12 2015	Eighth Circuit Finds Non-Compete May be Assignable Under Arkansas Law; Reverses Dismissal of Breach of Fiduciary Duty and Conspiracy Claims Where Manager took Subordinates with Him	Jackson Lewis P.C.
Jun 22 2016	Minnesota Court Rules in Persuader Lawsuit, Finds “Strong Likelihood” of Success on the Merits, But Rule Remains Effective July 1	Jackson Lewis P.C.
Jun 19 2018	Overtime Can Be An Essential Job Function	Jackson Lewis P.C.
Apr 18 2019	Eighth Circuit Rules Against Third Party Administrator in Cross-Plan Offsetting in Group Health Plans	Jackson Lewis P.C.
Jan 27 2020	Ohio Eighth District Court of Appeals Reverses Enforcement of Employment Arbitration Agreement	Jackson Lewis P.C.
Jan 14 2022	Eleventh Circuit Highlights Importance of Unambiguous Disclaimers in SPDs	Jackson Lewis P.C.
May 20 2014	Eighth Circuit Affirms Mandatory Continuing Education Training Is Not Compensable	Jackson Lewis P.C.
Jan 8 2015	Team Leaders at Processing Facility Properly Classified as Exempt	Jackson Lewis P.C.
Jan 14 2016	Caretakers’ Own Homes Were “Private Homes,” Rendering Them Exempt Companions	Jackson Lewis P.C.
May 2 2016	Employee Disloyalty Not Sufficient for Firing Where Part of Concerted Protest, Board, Eighth Circuit Holds	Jackson Lewis P.C.
Aug 19 2016	Sometimes a Complaint is Just a Complaint: Eighth Circuit Applies Reasonableness Standard to Reject Employee’s SOX Retaliation Claim	Jackson Lewis P.C.
Jun 1 2021	U.S. Bancorp Defeats Class Certification in Challenge to Early Retirement Benefits	Jackson Lewis P.C.
Feb 16 2017	Eighth Circuit: Failure to Accommodate, in and of Itself, Violates ADA	Jackson Lewis P.C.
Jun 4 2021	Administrative Exhaustion Is Required Even When Not Mentioned in Plan	Jackson Lewis P.C.
May 22 2014	Federal Court Sides with Occupational Safety and Health Administration (OSHA) on Machine Guard Standard	Jackson Lewis P.C.
Mar 5 2014	Employers Must Treat Employees on Military Leave like Those on Comparable Leaves, Appeals Court Rules	Jackson Lewis P.C.
Nov 21 2016	Eighth Circuit Court Again Approves Safety-Based Medical Examination without Individualized Assessment	Jackson Lewis P.C.
Jul 19 2018	Top Five Labor Law Developments for June 2018	Jackson Lewis P.C.
Nov 30 2021	Centers for Medicare & Medicaid Barred From Enforcing Mandatory COVID-19 Vaccine Rule in 10 States	Jackson Lewis P.C.

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