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 5 2020	Eighth Circuit Cools Off Antitrust Claims Based on Alleged Patent Fraud	McDermott Will & Emery
Nov 21 2016	Eighth Circuit Court Again Approves Safety-Based Medical Examination without Individualized Assessment	Jackson Lewis P.C.
Apr 11 2017	Eighth Circuit Court Issues Warning To Bar Regarding Use Of “Boilerplate” Discovery Objections	Jackson Lewis P.C.
Aug 18 2017	Eighth Circuit Court of Appeals Affirms District Court’s Dismissal of Complaint in Fund-of-Funds Section 36(b) Lawsuit, Ruling Plaintiff Lacks “Statutory Standing”	Vedder Price
Jun 27 2017	Eighth Circuit Court Rejects Chipotle’s Attempt to Break Up Conditionally Certified Collective Action of Hourly Employees	Epstein Becker & Green, P.C.
Nov 16 2023	Eighth Circuit Court Vacates EPA Rule Revoking All Chlorpyrifos Tolerances	Bergeson & Campbell, P.C.
Jun 13 2016	Eighth Circuit Deals Significant Blow To SOX And Dodd-Frank Whistleblowers	Proskauer Rose LLP
Jan 24 2019	Eighth Circuit Decision On“Cross-Plan Offsetting” Illustrates Importance Of Careful Plan Drafting	Proskauer Rose LLP
Mar 24 2022	Eighth Circuit Defends Use of Term “Patent Troll,” Vacates Injunction against Infringement Defendant	McDermott Will & Emery
Oct 10 2018	Eighth Circuit Examines Impact of Consent on Injury in Fact: Auer v. Trans Union, LLC	Womble Bond Dickinson (US) LLP
Dec 1 2014	Eighth Circuit Finds Guarantors Not Afforded Protections under the Equal Credit Opportunity Act	Poyner Spruill LLP
Aug 8 2017	Eighth Circuit Finds Independent Contractor’s Non-Compete Unreasonable	Epstein Becker & Green, 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.
Apr 12 2022	Eighth Circuit Finds Text Messaging System did not Violate Telephone Consumer Protection Act	Dinsmore & Shohl LLP
Jul 17 2019	Eighth Circuit Finds that Telemarketer’s Plausible Belief of Consent to Calls Supports Radical Reduction of Statutory Damages Award	Faegre Drinker
Jan 24 2017	Eighth Circuit Hints at Unconstitutionality of Missouri Restrictions on Alcohol Advertising	McDermott Will & Emery
Aug 7 2013	Eighth Circuit Holds Fair Labor Standards Act (FLSA) Protections Extend to Undocumented Workers	The National Law Review / The National Law Forum LLC
Dec 5 2019	Eighth Circuit Holds Law Firm Partner Not “Employee” Covered by ADEA	Proskauer Rose 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
Apr 7 2016	Eighth Circuit Holds Obesity That is Not Caused By Underlying Physiological Condition Is Not Covered Impairment Under ADA	Proskauer Rose LLP
Oct 3 2022	Eighth Circuit Holds Principal Did Not Breach Its Fiduciary Duty to 401(k) Plan Participants Despite Conflict of Interest	Jackson Lewis P.C.
May 5 2021	Eighth Circuit Holds Rule 23(b)(3)’s Predominance Requirement Not Met in Securities Fraud Action Against Brokerage Firm	Sheppard, Mullin, Richter & Hampton LLP
Jan 19 2016	Eighth Circuit Holds Service Provider Is Not Plan Fiduciary In Excessive Fee Case	Proskauer Rose LLP
Jan 28 2017	Eighth Circuit Holds that ADA Compensatory Damages Claims Survive Employee’s Death	Polsinelli PC
Aug 21 2012	Eighth Circuit Holds That Independent Sales Representative Is Contractor Despite 27-Year Engagement With Company	Barnes & Thornburg LLP
May 17 2021	Eighth Circuit Holds the Mayo in Tax Regulation Invalidity Case	McDermott Will & Emery
Jul 13 2016	Eighth Circuit Issues Decision Significant for All Executives of FDA-Regulated Businesses	Mintz
Sep 1 2017	Eighth Circuit Issues Two Class Action Data Breach Rulings	Ballard Spahr LLP
Oct 18 2022	Eighth Circuit Joins Growing Number of Courts Rejecting Common ERISA Fee and Investment Claims	Proskauer Rose LLP
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.
Mar 9 2017	Eighth Circuit Methodically Rejects Plaintiff’s Allegations of Pretext in Age Discrimination Case	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec 2 2011	Eighth Circuit Not Ready to Move Away from Traditional Market Definition Process	Greenberg Traurig, LLP
Mar 31 2021	Eighth Circuit Orders New Trial for Unauthorized Data Access Under Driver’s Privacy Protection Act	Squire Patton Boggs (US) LLP
Jan 28 2020	Eighth Circuit Reinstates Arbitration Award Stemming From Federal Crop Insurance Policy	Carlton Fields
Nov 5 2016	Eighth Circuit Reinstates FCA Case Over Changed College Grades, Attendance Records	Armstrong Teasdale
Dec 28 2012	Eighth Circuit Rejects "Fiduciary Exception" to Privilege Arguments	Armstrong Teasdale
Aug 5 2016	Eighth Circuit Rejects Bifurcated TCE Class Certification	Beveridge & Diamond PC
Dec 11 2019	Eighth Circuit Rejects Claim That Arbitration Clause in Retainer Was Unconscionable	Carlton Fields
Jun 7 2016	Eighth Circuit Rejects Class Certification in Environmental Contamination Case	ArentFox Schiff LLP
Feb 8 2019	Eighth Circuit Rejects Cross-Plan Offsetting	McDermott Will & Emery
Mar 11 2019	Eighth Circuit Rejects FCA Claim for Failure to Allege Actual Claims for Payment	McDermott Will & Emery
Feb 20 2017	Eighth Circuit Requires Further Review of Data Breach Settlement Involving Class Members Who Have No Loss	K&L Gates
Sep 28 2015	Eighth Circuit Reverses Class Certification Where Class Members Not Commonly Injured by Contamination on Their Property	Greenberg Traurig, LLP
Aug 24 2016	Eighth Circuit Reverses Class Certification with Defendants' Post-Halliburton II Rebuttal of Fraud-on-the-Market Presumption	Vedder Price
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.

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