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
24
2024
This Week in 340B: April 16 – April 22, 2024 McDermott Will & Emery
Jun
16
2015
Missouri Federal Court Holds Defendant’s Interpretation of Ambiguous Regulation Need Not Be “Most Reasonable” Interpretation McDermott Will & Emery
Mar
29
2016
NFL Players’ Right of Publicity Claims Denied McDermott Will & Emery
Mar
31
2017
University Trademark Licensing Denial Goes up in Smoke McDermott Will & Emery
Feb
20
2018
District Court Issues Opinion in Old Charter Bourbon False Advertising Class Action McDermott Will & Emery
Jul
31
2018
ERISA Preempts State Regulation of PBM–Pharmacy Pricing Agreements McDermott Will & Emery
Dec
21
2018
Sturgis Motorcycle Rally: A Long and Bumpy Ride McDermott Will & Emery
Apr
5
2016
Former Tax Court Judge Indicted for Tax Evasion McDermott Will & Emery
Feb
28
2019
Licensor's Non-Material Breach Doesn't Excuse Royalties Non-Payment McDermott Will & Emery
Mar
24
2022
Eighth Circuit Defends Use of Term “Patent Troll,” Vacates Injunction against Infringement Defendant McDermott Will & Emery
Apr
4
2014
Properly Analyzing Breach of a NDA (Non-disclosure Agreement): Loftness Specialized Farm Equip., Inc. v. Twiestmeyer McDermott Will & Emery
Feb
28
2019
Trademark Owner's Fate Sealed Tight After Finding of Fraud on PTO McDermott Will & Emery
Aug
10
2023
A Textbook Example: Single Online Sale Does Not a Minimum Contact Make McDermott Will & Emery
Oct
10
2013
U.S. Tax Court: 90 Days Is 90 Days, Shutdown or Not McDermott Will & Emery
Dec
29
2016
Surrender Dorothy: Court Upholds Damages, Injunction for Movie Content Infringement McDermott Will & Emery
Nov
29
2022
Functionality Dooms Alleged Trade Dress Protection McDermott Will & Emery
Aug
24
2023
Uncompleted Building Sold in Bankruptcy Doesn’t Infringe Architect’s Copyright McDermott Will & Emery
Mar
13
2024
This Week in 340B: March 5 – 12, 2024 McDermott Will & Emery
Mar
26
2015
Licensees Not Required to Do Due Diligence Where Inventor Falsely Claimed Exclusive Ownership McDermott Will & Emery
Jan
13
2017
Eighth Circuit Rules That ERISA Expressly Preempts Iowa Pharmacy Benefit Law McDermott Will & Emery
Jan
13
2020
Eighth Circuit Strikes Down Multiple Missouri Alcohol Beverage Advertising Laws McDermott Will & Emery
Aug
3
2014
Cert Alert: Is the Trademark Trial and Appeal Bound (TTAB) Decision on Likelihood of Confusion Preclusive? McDermott Will & Emery
Mar
26
2015
Protecting Trade Secrets Insufficient to Enforce Covenant Not to Compete in Any Capacity Worldwide McDermott Will & Emery
Jan
24
2017
Eighth Circuit Hints at Unconstitutionality of Missouri Restrictions on Alcohol Advertising McDermott Will & Emery
Mar
11
2019
Eighth Circuit Rejects FCA Claim for Failure to Allege Actual Claims for Payment McDermott Will & Emery
Feb
9
2023
Actual Confusion Is the Best Evidence of Confusion McDermott Will & Emery
Jun
2
2013
Patent and Trademark Office (PTO) Decision on Likelihood of Confusion Not Entitled to Preclusive Effect in Infringment Action McDermott Will & Emery
Aug
4
2014
The Eighth Circuit Weighs In on Trademark Licenses as Executory Contracts in Bankruptcy Proceedings: Lewis Bros. Bakeries, Inc. v. Interstate Brands Corp. McDermott Will & Emery
Apr
1
2019
District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws McDermott Will & Emery
May
17
2021
Eighth Circuit Holds the Mayo in Tax Regulation Invalidity Case McDermott Will & Emery
Apr
14
2022
No Breach of Contract Where Company Disclosed Its Own Non-Public Information McDermott Will & Emery
May
7
2024
This Week in 340B: April 30 – May 6, 2024 McDermott Will & Emery
Aug
12
2016
Eighth Circuit Affirms Summary Judgment Grant Based on Reasonable Interpretation of Ambiguous Regulation McDermott Will & Emery
Sep
28
2018
When Patent Royalties Go to Tax Havens McDermott Will & Emery
May
4
2020
Eighth Circuit Applies Subjective Standard to Reasonable Basis Penalty Defense McDermott Will & Emery
 

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