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 2014	Delivery Truck Driver was an Independent Contractor, not an Employee, Arkansas Federal Court Rules	Jackson Lewis P.C.
Mar 24 2014	Despite Often Presumed Limitations Policyholders May Have General Liability Coverage for Supply Chain-Related Breaches of Contract and Damages that Result in Recall	Gilbert LLP
Dec 27 2017	Despite Presence of “Power Buyer,” FTC Obtains Preliminary Injunction of Proposed Physician Acquisition in North Dakota	Mintz
Jun 6 2016	Discipline & Disparagement: Does an Employer Have Recourse against Employees Publicly Criticizing Its Products?	Vedder Price
Oct 18 2016	DISH Not Required to Give Credit When Channels Go Dark: It’s Not an Illusion!	Proskauer Rose LLP
Apr 1 2019	District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws	McDermott Will & Emery
Nov 30 2018	District Court Grants Summary Judgment for Defendant, Finding its Dialing System Is Not an ATDS	Faegre Drinker
Feb 20 2018	District Court Issues Opinion in Old Charter Bourbon False Advertising Class Action	McDermott Will & Emery
Sep 28 2020	District Court Requires Plaintiff to Disclose Evidence About Noneconomic Loss	Faegre Drinker
Sep 13 2019	District Court Sheds Light on Scope of IPR Estoppel	Foley & Lardner LLP
Oct 24 2016	Do Employers Need to Accommodate if the Employee Does Not Ask?	Foley & Lardner LLP
Aug 22 2016	Do Not Overlook FLSA Duties in Light of New Salary Requirements	Foley & Lardner LLP
Oct 3 2017	Document Discovery From Non-Parties in Commercial Arbitration: Availability and Practical Considerations	Mintz
Apr 2 2021	Does A Plaintiff Have Standing To Sue Based On A Purely Technical Violation Of The FCRA’s “Employment Purposes” Protections?	Squire Patton Boggs (US) LLP
Aug 2 2019	Does Asking About Employee’s Alcohol Use Violated the ADA?	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug 4 2014	Does Dodd-Frank Act Protect Whistleblower Who Did Not Report to SEC?	Jackson Lewis P.C.
Nov 10 2021	Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond	Bradley Arant Boult Cummings LLP
Jan 6 2013	Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination	Mintz
Jun 30 2021	Don’t Sweat It: 8th Circuit Affirms Dismissal of Deodorant Class Action	Proskauer Rose LLP
Jan 12 2024	Downstream Telemarketing Vendors Beware: You May Be on the Hook for Your Partner’s TCPA Troubles	Troutman Amin, LLP
Nov 1 2016	Duty to Accommodate: When is Employer on Notice?	Polsinelli PC
Feb 3 2017	Eastern District of Missouri Certifies Class Under Rule 23(b)(3), Rejecting Defense’s Spokeo Arguments	Faegre Drinker
Apr 17 2012	EDMO case addressing waiver of privilege by claim of ineffective assistance postponed	Armstrong Teasdale
Apr 6 2016	EEOC Files Suit Targeting Employment Application “Health History”	Jackson Lewis P.C.
Oct 30 2014	EEOC Files Third Lawsuit Challenging Employer Wellness Plan	Jackson Lewis P.C.
Dec 23 2015	EEOC Sues McDonald's for Disability Discrimination	U.S. Equal Employment Opportunity Commission
Apr 12 2024	Eight Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order	Proskauer Rose LLP
Jun 20 2018	Eight State Attorneys General Urge Eighth Circuit Not To Expand Scope of Title VII	Epstein Becker & Green, P.C.
Aug 18 2022	Eighth Circuit Adopts Stricter But-For Causation Standard for False Claims Act Claims based on Anti-Kickback Violations	Mintz
Jul 20 2021	Eighth Circuit Affirms Decision Overturning University’s “Deregistration” of Religious Groups	Steptoe & Johnson PLLC
Aug 14 2012	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
Feb 1 2017	Eighth Circuit Affirms Dismissal of Minnesota Human Rights Act Reprisal Claim Finding No Evidence of Pretext	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct 6 2016	Eighth Circuit Affirms Enforcement of ERISA Plan Forum Selection Clause	Proskauer Rose LLP
Jul 31 2017	Eighth Circuit Affirms Exclusion of Expert Who Contradicted His Prior Testimony	Barnes & Thornburg LLP
Mar 27 2014	Eighth Circuit Affirms In Part District Court’s Rejection of Jury Finding That Managers Were Properly Classified as Exempt	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.
Feb 16 2015	Eighth Circuit Affirms Judgment on the Pleadings in Arkansas Non-Compete Case	Jackson Lewis P.C.
May 20 2014	Eighth Circuit Affirms Mandatory Continuing Education Training Is Not Compensable	Jackson Lewis P.C.
Jun 28 2019	Eighth Circuit Affirms Preliminary Injunction Blocking Physician Practice Acquisition in North Dakota	Robinson & Cole LLP
Aug 12 2016	Eighth Circuit Affirms Summary Judgment Grant Based on Reasonable Interpretation of Ambiguous Regulation	McDermott Will & Emery
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 2021	Eighth Circuit Allows “Fake Meat” Labeling Law	Keller and Heckman LLP
Aug 28 2013	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
May 4 2020	Eighth Circuit Applies Subjective Standard to Reasonable Basis Penalty Defense	McDermott Will & Emery
Nov 2 2012	Eighth Circuit Approves Damages Against Individual Music Downloader	McDermott Will & Emery
Mar 1 2019	Eighth Circuit Casts Doubt on Cross-Plan Offsetting for ERISA Health Plans	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep 14 2014	Eighth Circuit Clarifies False Claims Act Pleading Standards for Whistleblowers	Katten
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
Nov 22 2019	Eighth Circuit Class Action Litigation \| Fall 2019	Greenberg Traurig, LLP
Feb 17 2020	Eighth Circuit Class Action Litigation \| Winter 2019/2020	Greenberg Traurig, LLP

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