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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Jul
28
2014
 Employer May Determine Workweek for Payroll Purposes under FLSA, Fifth Circuit Rules Jackson Lewis P.C.
Aug
4
2016
 NFL Commissioner’s Powers Affirmed in Eighth Circuit Ruling on Peterson Suspension Jackson Lewis P.C.
Dec
29
2016
 Eighth Circuit Leaves Open Question of Whether “Mixed-Motive” or “But-For” Causation Standard Should be Applied to Disability Discrimination Claims Under ADA Jackson Lewis P.C.
Oct
17
2017
 Continued Employment Isn’t Always Sufficient – Minnesota Requires Additional Consideration For Non-Compete With Current Employee Jackson Lewis P.C.
Jun
9
2020
 Eighth Circuit Affirms in Part, Reverses in Part University’s Early Win in ERISA Fee Suit Jackson Lewis P.C.
Dec
7
2021
 Eighth Circuit: District Court Improperly Resolved Factual Disputes on Summary Judgment in ERISA Benefits Case, But Error Harmless Jackson Lewis P.C.
Apr
6
2016
 EEOC Files Suit Targeting Employment Application “Health History” Jackson Lewis P.C.
Jun
3
2016
 Eighth Circuit Again Finds Class and Collective Action Waivers Lawful Under NLRA, Contrary To Seventh Circuit Jackson Lewis P.C.
Apr
9
2018
 Can We Fix It? Eighth Circuit Answers: Yes, We Can! Jackson Lewis P.C.
Jan
3
2019
 Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function of Most Jobs Jackson Lewis P.C.
Jul
31
2019
 Employer’s Good Deed Goes Unpunished—Reliable Attendance Is Essential Function Despite Prior Accommodation of Employee’s Absences Jackson Lewis P.C.
Mar
30
2020
 Eighth Circuit Rules on ERISA’s “Church Plan” Exemption Jackson Lewis P.C.
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.
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.
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