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
12
2016
Prison Sentence for Responsible Corporate Actors Upheld Barnes & Thornburg LLP
Jul
5
2016
Eighth Circuit Holds Lender to Special Purpose Entity is not “Person Aggrieved” by Order Substantively Consolidating SPE’s Bankruptcy Estate with Another Estate Holland & Hart LLP
Jun
28
2016
Courts Continue To Require That TCPA Classes Be Presently and Readily Ascertainable By Reference To Objective Criteria Faegre Drinker
Jun
28
2016
In Wake of Escobar, False Claims Act Cases Return to Circuit Courts Mintz
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
13
2016
Eighth Circuit Deals Significant Blow To SOX And Dodd-Frank Whistleblowers Proskauer Rose LLP
Jun
7
2016
Eighth Circuit Rejects Class Certification in Environmental Contamination Case ArentFox Schiff LLP
Jun
6
2016
Termination For Conduct Caused By Side Effects of Prescription Medication Was Not Disability Discrimination Jackson Lewis P.C.
Jun
6
2016
Discipline & Disparagement: Does an Employer Have Recourse against Employees Publicly Criticizing Its Products? Vedder Price
Jun
3
2016
Eighth Circuit Again Finds Class and Collective Action Waivers Lawful Under NLRA, Contrary To Seventh Circuit Jackson Lewis P.C.
Jun
1
2016
Missouri Federal Court Declines to Decide Whether ERISA Protects Employee From Reprisal For Informal Complaint Proskauer Rose LLP
Jun
1
2016
US Supreme Court Rules Against the Corps and in Favor of Landowners With Respect to the Reviewability of Jurisdictional Determinations Squire Patton Boggs (US) LLP
May
20
2016
Employers Who Prevail In A Title VII Case May Seek Attorneys’ Fees Even Without A Ruling On The Merits Holland & Hart LLP
May
19
2016
Four Lessons for Winning the Employment Agreement Forum Selection Chess Match Polsinelli PC
May
15
2016
Employer's Delay Results in Waiver of Arbitration Barnes & Thornburg LLP
May
10
2016
55 Year Old Employee Fails to Establish Age Discrimination Claim Against 3D Printing Company Barnes & Thornburg LLP
May
9
2016
New Right-of-Way Regulations Take Effect Godfrey & Kahn S.C.
May
7
2016
Eighth Circuit Reverses District Court for Ignoring Price-Impact Evidence That Rebutted the Fraud-on-the-Market Presumption and Defeated Class Certification Sheppard, Mullin, Richter & Hampton LLP
May
6
2016
Circuit Court Fails to Broaden ADA Protection to Obese Applicant Steptoe & Johnson PLLC
May
2
2016
Employee Disloyalty Not Sufficient for Firing Where Part of Concerted Protest, Board, Eighth Circuit Holds Jackson Lewis P.C.
Apr
27
2016
Supreme Court To Resolve Circuit Split Over Bank Fraud Statute Proskauer Rose LLP
Apr
14
2016
Eighth Circuit: Obesity Itself Not a Disability Polsinelli PC
Apr
12
2016
Obesity Not Disability Without Underlying Medical Cause Foley & Lardner LLP
Apr
7
2016
Morbid Obesity, Not Necessarily a Disability Under Americans with Disabilities Act Barnes & Thornburg LLP
Apr
7
2016
Eighth Circuit Holds Obesity That is Not Caused By Underlying Physiological Condition Is Not Covered Impairment Under ADA Proskauer Rose LLP
Apr
6
2016
EEOC Files Suit Targeting Employment Application “Health History” Jackson Lewis P.C.
Apr
5
2016
Supreme Court Affirmation Leaves More Questions than Answers Squire Patton Boggs (US) LLP
Apr
5
2016
Former Tax Court Judge Indicted for Tax Evasion McDermott Will & Emery
Mar
29
2016
NFL Players’ Right of Publicity Claims Denied McDermott Will & Emery
Mar
11
2016
Pay and Chase Insurer for Settlement? Better Get a Release Neal, Gerber & Eisenberg LLP
Feb
22
2016
Form I-9 Strikes Again: Hotel Executive Pleads Guilty for Knowingly Hiring Unauthorized Worker Jackson Lewis P.C.
Feb
17
2016
FCA Claims Based on Average Wholesale Price Theory Barred by Public Disclosure Bar McDermott Will & Emery
Jan
30
2016
Killer Joe Nevada, LLC v. Leaverton: Dismissal but No Fees for Innocent BitTorrent Defendant McDermott Will & Emery
Jan
19
2016
Eighth Circuit Holds Service Provider Is Not Plan Fiduciary In Excessive Fee Case Proskauer Rose LLP
Jan
15
2016
Defined Benefit Plan Participant’s Action Mooted by ERISA Plan’s Improved Financial Condition Proskauer Rose LLP
Jan
14
2016
Caretakers’ Own Homes Were “Private Homes,” Rendering Them Exempt Companions Jackson Lewis P.C.
Dec
28
2015
Payment of Medicare Liens After Settlement of Wrongful Death Action Heyl, Royster, Voelker & Allen, P.C.
Dec
23
2015
EEOC Sues McDonald's for Disability Discrimination U.S. Equal Employment Opportunity Commission
Dec
22
2015
Supreme Court to Decide Split on Whether Army Corps Wetland Jurisdictional Determination is Final Agency Action ArentFox Schiff LLP
Dec
17
2015
Missouri Federal Court Awards $11.7M in Attorneys’ Fees In Fund Mapping Case Proskauer Rose LLP
Oct
21
2015
No Money for Nothing — Eighth Circuit Limits Relators’ Ability to Recover a Share of Government Settlements of Qui Tam Suits Covington & Burling LLP
Sep
28
2015
Eighth Circuit Reverses Class Certification Where Class Members Not Commonly Injured by Contamination on Their Property Greenberg Traurig, LLP
Sep
24
2015
Recent Rulings May Spell Trouble for the Affordable Care Act Barnes & Thornburg LLP
Sep
15
2015
North Dakota Federal Judge Blocks WOTUS Rule, Michigan Files Separate Suit Varnum LLP
Sep
11
2015
Reliance as an Element of Utmost Good Faith Squire Patton Boggs (US) LLP
Sep
9
2015
US District Court Enjoins Waters of the US Rule But Limits Injunction to the 13 Plaintiff States Squire Patton Boggs (US) LLP
Sep
7
2015
Trademark Practitioners Beware: Issue Preclusion May Now Apply to TTAB Findings More Often Than You Think Proskauer Rose LLP
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
 

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