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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Mar
11
2019
Eighth Circuit Rejects FCA Claim for Failure to Allege Actual Claims for Payment McDermott Will & Emery
Mar
4
2019
Employer Still Wins – Even Though Job Eliminated and Work from Home Request is Denied Foley & Lardner LLP
Mar
1
2019
Eighth Circuit Casts Doubt on Cross-Plan Offsetting for ERISA Health Plans Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
28
2019
Trademark Owner's Fate Sealed Tight After Finding of Fraud on PTO McDermott Will & Emery
Feb
28
2019
Licensor's Non-Material Breach Doesn't Excuse Royalties Non-Payment McDermott Will & Emery
Feb
19
2019
Flesh Eating Bacteria Ate My Homework Jackson Lewis P.C.
Feb
14
2019
Four Circuits Agree: Regular and Reliable Attendance is an Essential Job Function Polsinelli PC
Feb
8
2019
Eighth Circuit Rejects Cross-Plan Offsetting McDermott Will & Emery
Feb
4
2019
Peterson v. United HealthCare decision illustrates limits on discretion of plan administrators’ when interpreting plan terms Godfrey & Kahn S.C.
Jan
31
2019
8th Circuit Ruling Impacting Commercial Payer Practices Polsinelli PC
Jan
24
2019
Eighth Circuit Decision On“Cross-Plan Offsetting” Illustrates Importance Of Careful Plan Drafting Proskauer Rose LLP
Jan
23
2019
No Standing, No Settlement? Carlton Fields
Jan
17
2019
Pharmacy Benefit Managers Are Not Subject to the Any Willing Provider Laws in GA, MS, or NC, says Eighth Circuit Squire Patton Boggs (US) LLP
Jan
17
2019
Monthly TCPA Digest – January 2019 Mintz
Jan
16
2019
Alleged BSA Violations Do Not Support Civil Negligence/Fraud Claims – Again Ballard Spahr LLP
Jan
11
2019
Back from the Dead: The Revival of the 80/20 Rule Polsinelli PC
Jan
10
2019
U.S. Supreme Court Rejects ‘Wholly Groundless’ Exception to Delegation Clauses in Arbitration Agreements Sheppard, Mullin, Richter & Hampton LLP
Jan
10
2019
Implications of the Eighth Amendment’s Excessive Fines Prohibition For Consumer Financial Services Providers [PODCAST] Ballard Spahr LLP
Jan
3
2019
Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function of Most Jobs Jackson Lewis P.C.
Dec
28
2018
It’s Flu Season Again . . . Are Your Mandatory Vaccination Policies Immune to Legal Challenges? Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
24
2018
194 Absences Are Enough – Any More and You Can Be Fired. Barnes & Thornburg LLP
Dec
21
2018
Sturgis Motorcycle Rally: A Long and Bumpy Ride McDermott Will & Emery
Dec
12
2018
No vaccine? No job! Court affirms employer’s ability to condition employment upon vaccinations Polsinelli PC
Dec
7
2018
Standing Issues in Data Breach Litigation: An Overview Covington & Burling LLP
Dec
7
2018
HireRight granted summary judgment on claim that attempted murder conviction was wrongly reported Womble Bond Dickinson (US) LLP
Nov
30
2018
District Court Grants Summary Judgment for Defendant, Finding its Dialing System Is Not an ATDS Faegre Drinker
Nov
12
2018
Kovel Protections Upheld | Government Loses Aggressive Arguments for Waiver of Privilege for Controversy Advice McDermott Will & Emery
Oct
10
2018
Eighth Circuit Examines Impact of Consent on Injury in Fact: Auer v. Trans Union, LLC Womble Bond Dickinson (US) LLP
Sep
29
2018
Guiding Light in Copyright and Trademark Dispute: Munro v. Lucy Activewear McDermott Will & Emery
Sep
29
2018
Let it Burn: Court Does Not Believe Defendant Intentionally Destroyed Records to Avoid Identification of Potential Plaintiffs in FCRA Class Action Womble Bond Dickinson (US) LLP
Sep
28
2018
When Patent Royalties Go to Tax Havens McDermott Will & Emery
Sep
5
2018
Responding to Consumer-Initiated Inquiry After "Cease" Letter Did Not Violate FDCPA, Eighth Circuit Court Holds Ballard Spahr LLP
Aug
31
2018
Eighth Circuit Sheds Light on the Legality of Employer Disqualification Policies Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
29
2018
TCPA Case Law Review (Vol. 4) Vedder Price
Aug
27
2018
Employee Need Not Give Severance Back Before Moving Forward Foley & Lardner LLP
Aug
15
2018
Eighth Circuit Rules No Standing For TCPA Plaintiffs Due to Lack of Traceability Faegre Drinker
Aug
7
2018
Out of the Frying Pan?: Eighth Circuit Agrees that TCPA Violation Did not Cause Article III Harm But Reverses Dismissal in Favor of Remand to State Court Womble Bond Dickinson (US) LLP
Jul
31
2018
ERISA Preempts State Regulation of PBM–Pharmacy Pricing Agreements McDermott Will & Emery
Jul
30
2018
Court Grants Judgment and Injunction in Favor of EEOC In Americans With Disabilities Act Lawsuit: UPS Freight's Policy of Paying Disabled Drivers Less Violates Federal Law, Court Rules U.S. Equal Employment Opportunity Commission
Jul
19
2018
Special Master Recommends Return of $10.6 Million in Attorneys’ Fees to Class Members Mintz
Jul
19
2018
In SEC v. Cohen, Court Continues Trend of Limiting SEC Enforcement Powers Covington & Burling LLP
Jul
19
2018
Top Five Labor Law Developments for June 2018 Jackson Lewis P.C.
Jul
11
2018
Non-Debtor Substantive Consolidation: Do Recent Cases Signal a Judicial Preference for State Law Claims? Mintz
Jul
2
2018
Son of Granholm Inches Closer McDermott Will & Emery
Jun
20
2018
Eight State Attorneys General Urge Eighth Circuit Not To Expand Scope of Title VII Epstein Becker & Green, P.C.
Jun
19
2018
Overtime Can Be An Essential Job Function Jackson Lewis P.C.
May
8
2018
State Anti-Arbitration Statutes, the New York Convention and the McCarran-Ferguson Act Squire Patton Boggs (US) LLP
May
4
2018
False Representation Must be Material to Violate FDCPA, Eighth Circuit Rules Ballard Spahr LLP
Apr
23
2018
Eighth Circuit Upholds National Labor Relations Act’s Union “Salting” Protections Polsinelli PC
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.
 

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