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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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
Oct 7 2014	Eighth Circuit Reverses Summary Judgment, Directs Trial Court to Determine Whether Consent Was Revoked re: Telephone Consumer Protection Act (TCPA)	Faegre Drinker
Jul 23 2019	Eighth Circuit Rules Against Telemarketing Company on TCPA Claim, Yet Declares $1.6 Billion in Statutory Damages Unconstitutional	Ballard Spahr LLP
Apr 18 2019	Eighth Circuit Rules Against Third Party Administrator in Cross-Plan Offsetting in Group Health Plans	Jackson Lewis P.C.
Aug 15 2018	Eighth Circuit Rules No Standing For TCPA Plaintiffs Due to Lack of Traceability	Faegre Drinker
Mar 30 2020	Eighth Circuit Rules on ERISA’s “Church Plan” Exemption	Jackson Lewis P.C.
Jan 13 2017	Eighth Circuit Rules That ERISA Expressly Preempts Iowa Pharmacy Benefit Law	McDermott Will & Emery
Oct 20 2014	Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits	Proskauer Rose LLP
Aug 31 2018	Eighth Circuit Sheds Light on the Legality of Employer Disqualification Policies	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul 7 2017	Eighth Circuit Sides With Jimmy John’s and Finds Employee Actions Were Not Protected Activity	Barnes & Thornburg LLP
Jan 13 2020	Eighth Circuit Strikes Down Multiple Missouri Alcohol Beverage Advertising Laws	McDermott Will & Emery
Apr 23 2018	Eighth Circuit Upholds National Labor Relations Act’s Union “Salting” Protections	Polsinelli PC
Aug 12 2012	Eighth Circuit Upholds NLRB Decision Finding Union to have Unlawfully Targeted Neutral Employer	Barnes & Thornburg LLP
Jul 16 2019	Eighth Circuit Vacates Confirmation Over Lack of Personal Jurisdiction	Carlton Fields
Mar 21 2024	Eighth Circuit Will Decide SEC Climate Disclosure Rule	Mintz
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.
May 14 2014	Eighth Circuit: Employee Retirement Security Income Act (ERISA) Plan Beneficiary Designation Trumps Will	Proskauer Rose LLP
Feb 16 2017	Eighth Circuit: Failure to Accommodate, in and of Itself, Violates ADA	Jackson Lewis P.C.
Jul 29 2022	Eighth Circuit: In False Claims Act Cases Based On Kickback Violations, the Kickback Violation Must Be the “But For” Cause of the Items and Services Subject to the Claim	Sheppard, Mullin, Richter & Hampton LLP
Apr 14 2016	Eighth Circuit: Obesity Itself Not a Disability	Polsinelli PC
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.
May 21 2014	Eighth Circuit: “Satisfactory to Us” Plan Language Sufficient to Entitle Plan Fiduciary to Deferential Review	Proskauer Rose LLP
Jan 14 2022	Eleventh Circuit Highlights Importance of Unambiguous Disclaimers in SPDs	Jackson Lewis P.C.
Nov 13 2019	Emerging Trend: ADA Does Not Cover Potential Future Disabilities	Proskauer Rose LLP
May 2 2016	Employee Disloyalty Not Sufficient for Firing Where Part of Concerted Protest, Board, Eighth Circuit Holds	Jackson Lewis P.C.
Aug 27 2018	Employee Need Not Give Severance Back Before Moving Forward	Foley & Lardner LLP
Aug 13 2015	Employees May Soon Have Something To Lose In FLSA Lawsuits	Barnes & Thornburg LLP
Jul 28 2014	Employer May Determine Workweek for Payroll Purposes under FLSA, Fifth Circuit Rules	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.
Mar 4 2019	Employer Still Wins – Even Though Job Eliminated and Work from Home Request is Denied	Foley & Lardner LLP
May 15 2016	Employer's Delay Results in Waiver of Arbitration	Barnes & Thornburg LLP
Mar 5 2014	Employers Must Treat Employees on Military Leave like Those on Comparable Leaves, Appeals Court Rules	Jackson Lewis P.C.
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
Jan 10 2013	Employer’s Creative Method to Reduce Overtime Pay Upheld by Federal Court	Giordano, Halleran & Ciesla, 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.

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