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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Aug
31
2015
Creative Calling Solutions v. LF Beauty -- Eighth Circuit Case Addressing Personal Jurisdiction Arising From Business Relationship With Foreign Company Armstrong Teasdale
Aug
31
2015
Pay Attention to Those Doctor’s Notes re: FMLA Barnes & Thornburg LLP
Aug
26
2015
Eighth Circuit Clarifies Standard for Breach of "Utmost Good Faith" Doctrine in Marine Insurance Policies and Rejects Insurer's Proposed Rule As Creating A "Moral Hazard" Barnes & Thornburg LLP
Aug
14
2015
Supervisor Told Employee Patient Abuse 'Comes with the Territory' Armstrong Teasdale
Aug
13
2015
Employees May Soon Have Something To Lose In FLSA Lawsuits Barnes & Thornburg LLP
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.
Jul
31
2015
No Damages Awarded for ERISA Plan Fund Mapping Claims Proskauer Rose LLP
Jul
15
2015
Post-Employment Covenants: Is an Inducement to Smile An Inducement to Cancel? Mintz
Jul
6
2015
Performance You Can Measure Is Best Defense, FMLA Case Demonstrates Barnes & Thornburg LLP
Jul
2
2015
Bank Bond Covers Third-Party Losses Arising out of Bank Employee’s Fraud, Eighth Circuit Holds Proskauer Rose LLP
Jul
1
2015
Update On Challenging Wetlands Permitting Decisions Greenberg Traurig, LLP
Jun
17
2015
Release of Personal Information Called ‘Unlawful’ and a ‘Threat to Privacy’ in Eighth Circuit Appeals Brief Varnum LLP
Jun
17
2015
Minnesota Federal Court Applies Texas Law, Proceeds to Blue Pencil Restriction re: Non-compete Agreement Jackson Lewis P.C.
Jun
16
2015
Missouri Federal Court Holds Defendant’s Interpretation of Ambiguous Regulation Need Not Be “Most Reasonable” Interpretation McDermott Will & Emery
Jun
12
2015
Minnesota District Court Dismisses Data Breach Class Action Against GameStop, Inc. Katten
Jun
3
2015
Multiple DWI Convictions Don’t Create A “Record of” Alcoholism Under ADA; Driving Restrictions Don’t Support “Regarded As” Claim Jackson Lewis P.C.
Jun
3
2015
How Serious is “Serious” under the FMLA? McBrayer, McGinnis, Leslie and Kirkland, PLLC
Jun
1
2015
Two Recent Decisions Potentially Expand Fraudulent Transfer Exposure in Ponzi Schemes Allen Matkins Leck Gamble Mallory & Natsis LLP
May
28
2015
Preemption of State-Law Tort Claims by the Copyright Act McDermott Will & Emery
May
18
2015
Settlement Means Policyholders Will Have to Wait for Clarification of Proper Exhaustion Issue Barnes & Thornburg LLP
May
7
2015
Court Revives “Fraudulent Inducement” FCA Case despite Relators’ Failure to Link False Statement to Government Payment McDermott Will & Emery
May
1
2015
College’s Falsification of Grades and Attendance Records May Trigger FCA Liability Covington & Burling LLP
Apr
22
2015
Approved Jurisdictional Determinations Ripe for Judicial Review ArentFox Schiff LLP
Apr
7
2015
Ameriprise Agrees to Pay $27.5 Million to Settle Fiduciary Breach and Prohibited Transaction Claims Proskauer Rose LLP
Mar
26
2015
Protecting Trade Secrets Insufficient to Enforce Covenant Not to Compete in Any Capacity Worldwide McDermott Will & Emery
Mar
26
2015
Licensees Not Required to Do Due Diligence Where Inventor Falsely Claimed Exclusive Ownership McDermott Will & Emery
Mar
13
2015
Strategic Use of Arbitration Agreements in FLSA Context Gets Boost Epstein Becker & Green, P.C.
Mar
11
2015
Long v. Hardin -- Owner beware, Eastern District of Missouri upholds $10 sheriff's sale of $65k property Armstrong Teasdale
Mar
9
2015
Protective Order Issued in Suit to Stop EPA from Releasing Farmers’ Information Varnum LLP
Feb
17
2015
$40 Million In Sale of Business Held Sufficient Consideration for Non-Compete Jackson Lewis P.C.
Feb
16
2015
Arkansas Federal Court Denies Class Certification in Property Damage Suit Beveridge & Diamond PC
Feb
16
2015
Missouri Federal Court Cuts Claims in Pipeline Property Damage Action Beveridge & Diamond PC
Feb
16
2015
Eighth Circuit Affirms Judgment on the Pleadings in Arkansas Non-Compete Case Jackson Lewis P.C.
Feb
12
2015
The World Is Not Enough … But Maybe It’s Too Much for Noncompetes Barnes & Thornburg LLP
Jan
15
2015
ConAgra Foods Defeats Challenge to Its Executive Exemption Classification in FLSA Class Action Mintz
Jan
13
2015
Service Provider Not A Fiduciary In Negotiating Its Contract Proskauer Rose LLP
Jan
8
2015
Team Leaders at Processing Facility Properly Classified as Exempt Jackson Lewis P.C.
Jan
4
2015
Appellate Court Overturns $4 Million Fee Award Against EEOC U.S. Equal Employment Opportunity Commission
Dec
22
2014
Prior Protected Activity Did not Immunize Employee from Later Bad Acts Barnes & Thornburg LLP
Dec
18
2014
Supreme Court Clarifies the Standard Governing Removal of Class Action Cases to Federal Court Proskauer Rose LLP
Dec
15
2014
Minnesota District Court Opens Door to Suits by Defined Benefit Plan Participants Covington & Burling LLP
Dec
10
2014
Employer Restitution under Victim Restitution Law (MVRA) Not Offset by Employee’s Canceled Stock Options, Eighth Circuit Court Rules Jackson Lewis P.C.
Dec
10
2014
The Other Cyber Shoe Has Dropped – What Does That Mean for Your Insurance Program? Barnes & Thornburg LLP
Dec
3
2014
Defined Benefit Plan Participants Have Standing to Pursue Fiduciary Breach Claims Proskauer Rose LLP
Dec
1
2014
Eighth Circuit Finds Guarantors Not Afforded Protections under the Equal Credit Opportunity Act Poyner Spruill LLP
Nov
4
2014
Minnesota District Court Denies EEOC Request for TRO in Wellness Lawsuit Jackson Lewis P.C.
Oct
30
2014
EEOC Files Third Lawsuit Challenging Employer Wellness Plan Jackson Lewis P.C.
Oct
20
2014
Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits Proskauer Rose LLP
Oct
8
2014
A Court’s Review of a Disability Benefit Claim May Hinge on the Meaning “Satisfactory to Us” Proskauer Rose LLP
Oct
7
2014
Eighth Circuit Reverses Summary Judgment, Directs Trial Court to Determine Whether Consent Was Revoked re: Telephone Consumer Protection Act (TCPA) Faegre Drinker
 

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