8th Circuit Opinions & Cases | National Law Review Page 10

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
5 Dec	Covenant, Shmovenant? Ten-Year Nationwide Non-Compete in Asset Purchase Agreement Forms the Basis for Tortious Interference With Contract Claim	Mintz
23 Oct	Third Circuit Joins With the Seventh, Ninth and Eleventh Circuits in Holding That Plaintiffs Asserting 1933 Act Claims Need Not Plead Compliance With the Statute of Limitations, Splitting With the First, Eighth and Tenth Circuits	Sheppard, Mullin, Richter & Hampton LLP
23 Oct	States and Consumers Battle Tribal Payday Lenders	Dickinson Wright PLLC
10 Oct	U.S. Tax Court: 90 Days Is 90 Days, Shutdown or Not	McDermott Will & Emery
19 Sep	Unauthorized Aliens Are 'Employees' Under Fair Labor Standards Act (FLSA)	Armstrong Teasdale
28 Aug	Eighth Circuit Applies Negligence Standard to Securities and Exchange Commission (SEC) Enforcement Claims for Violations of Section 14(a) and Rules 14a-9, 13b2-1 and 13b2-2	Sheppard, Mullin, Richter & Hampton LLP
10 Aug	Will Obesity Claims Be the Next Wave of Americans with Disabilities Act (ADA) Litigation?	Poyner Spruill LLP
7 Aug	Eighth Circuit Holds Fair Labor Standards Act (FLSA) Protections Extend to Undocumented Workers	The National Law Review / The National Law Forum LLC
31 Jul	Internet Evidence - Part III: Hearsay Exceptions	Odin, Feldman & Pittleman, P.C.
29 Jul	Property Policy Covers Equipment in Temporary Storage Facility	Neal, Gerber & Eisenberg LLP
26 Jul	New Federal Missouri Case Discusses National Fire Protection Association (NFPA) 921 Russell v. Whirlpool	Armstrong Teasdale
22 Jul	Legal Briefs: A Periodic Summary of Judicial Decisions Affecting Accounting and Financial Services Professionals	Faegre Drinker
12 Jul	What Conduct Forms A Lawyer-Client Relationship? US v. Williams (8th Circuit)	Armstrong Teasdale
7 Jul	Impact of Trademark Trial and Appeal Board (TTAB) Rulings in Court Decisions	Katten
12 Jun	IRS Denied Peek Behind the Curtain: District Court Protects Wells Fargo’s Tax Accrual Workpapers	McDermott Will & Emery
12 Jun	New Federal Communications Commission ("FCC") Interpretation Of "Express Consent" To Increase Telephone Consumer Protection Act (TCPA) Class Action Liability	Sheppard, Mullin, Richter & Hampton LLP
2 Jun	Patent and Trademark Office (PTO) Decision on Likelihood of Confusion Not Entitled to Preclusive Effect in Infringment Action	McDermott Will & Emery
1 Jun	Common Sense Prevails Once Again: District Court False Claims Acts (FCA) Ruling Serves As Reminder That Whistleblowers Need to Prove Recklessness Too	Sheppard, Mullin, Richter & Hampton LLP
12 May	Timely Performance Management in Avoiding Family and Medical Leave Act (FMLA) Liability	Godfrey & Kahn S.C.
10 Jan	Employer’s Creative Method to Reduce Overtime Pay Upheld by Federal Court	Giordano, Halleran & Ciesla, P.C.
10 Jan	8th Circuit Upholds Class Waivers in FLSA Cases	Barnes & Thornburg LLP
6 Jan	Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination	Mintz
31 Dec	Money Held by Lawyer Not Privileged -- State ex rel. Koster v. Cain	Armstrong Teasdale
28 Dec	Eighth Circuit Rejects "Fiduciary Exception" to Privilege Arguments	Armstrong Teasdale
24 Dec	No ADA Protection for Termination Due to Fear of Swine Flu	Barnes & Thornburg LLP
19 Dec	Expert Who Admittedly Failed to Follow 921 Employed Reliable Methodology	Armstrong Teasdale
24 Nov	Broad Reading of Executory Contract when Trademark License Obligations Are Unfulfilled	McDermott Will & Emery
2 Nov	Eighth Circuit Approves Damages Against Individual Music Downloader	McDermott Will & Emery
25 Oct	This should have been an obvious FLSA decision	Greenberg Traurig, LLP
30 Sep	Failure to Test Ignition Theory Results in Exclusion	Armstrong Teasdale
21 Sep	When is Ensuing Loss Not Ensuing Loss?	Neal, Gerber & Eisenberg LLP
21 Aug	Eighth Circuit Holds That Independent Sales Representative Is Contractor Despite 27-Year Engagement With Company	Barnes & Thornburg LLP
14 Aug	Eighth Circuit affirms denial of remand in a case where the plaintiff attempted to challenge the court’s CAFA jurisdiction based on an amended complaint filed after removal	Dinsmore & Shohl LLP
13 Aug	The Eighth Circuit holds that stipulations filed contemporaneously with a complaint limiting damages to an amount below CAFA’s jurisdictional threshold may be used to defeat CAFA jurisdiction	Dinsmore & Shohl LLP
12 Aug	Eighth Circuit Upholds NLRB Decision Finding Union to have Unlawfully Targeted Neutral Employer	Barnes & Thornburg LLP
11 Aug	An Arkansas District Court Holds That a Stipulation as to the Amount in Controversy Contained in the Body of the Complaint is Sufficient to Defeat CAFA Jurisdiction	Dinsmore & Shohl LLP
7 Aug	Split Among Federal Circuits Deepens Regarding Administrative Exhaustion of Post-Charge Retaliation Claims	Barnes & Thornburg LLP
29 Jul	ADA – Accommodation – Disabilities	Greenberg Traurig, LLP
3 Jun	Confidentiality concerns don't justify filing unserved privilege log under seal	Armstrong Teasdale
28 May	Recent Case Emphasizes Importance of Fiduciary Decision-Making Process	Poyner Spruill LLP
4 May	Brief Urges Supreme Court to Accept Rubashkin Sentencing Appeal	Ifrah Law
17 Apr	EDMO case addressing waiver of privilege by claim of ineffective assistance postponed	Armstrong Teasdale
2 Dec	Eighth Circuit Not Ready to Move Away from Traditional Market Definition Process	Greenberg Traurig, LLP
10 Oct	Common Attornment Provision Held Ineffective After Master Lease and Sublease Rejected in Bankruptcy by Debtor-Sublandlord	Greenberg Traurig, LLP
22 Aug	3M to Pay $3 Million to Settle EEOC Age Discrimination Suit	U.S. Equal Employment Opportunity Commission
29 Jul	Scarlett? Rhett? Frankly My Dear, I Don’t Give a Damn: Warner Bros. Entertainment Inc. et al. v. X One X Productions et al.,	McDermott Will & Emery
20 Apr	Wells Fargo Takes Up Cudgel to Protect Tax Accrual Workpapers	McDermott Will & Emery
7 Mar	Missouri Company Agrees to Significant Backpay and Access Remedies to Settle Charges of Unlawful Behavior During Union Organizing Campaigns	National Labor Relations Board
2 Nov	Two Recent Cases Shed Light on Liquidated Damages	Vedder Price
2 Jul	Federal Courts Adopt a Liberal Pleading Standard for Erisa Plaintiffs Under Federal Rule of Civil Procedure 8	Cosgrove Law, L.L.C.

May 22, 2022

Volume XII, Number 142

May 22, 2022

May 21, 2022

May 20, 2022

May 19, 2022

8th Circuit (incl. bankruptcy)

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