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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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.
Jan
10
2014
 Employer’s Wallet Scratched by 'Cat's Paw' Re: Racial Discrimination Armstrong Teasdale
Sep
11
2016
 Employment Application That Included a “Health History” Form Violated the ADA and GINA Jackson Lewis P.C.
Feb
12
2024
 EnforceMintz — DOJ’s Limited Use of NPAs and DPAs in Criminal Health Care Investigations Mintz
Sep
6
2017
 Enforcing Arbitration Provisions In Bankruptcy Cases – Another Court Weighs In Squire Patton Boggs (US) LLP
Jan
18
2021
 ENOUGH ALREADY: Court Issues Injunction Preventing Harrassing Robocalls– Deems Defendants’ Promises to Stop “Unconvincing” Troutman Amin, LLP
Jul
13
2021
 ERISA 401(k) Performance and Fee Litigation Dismissed for Failure to Provide Comparable Benchmark Jackson Lewis P.C.
Feb
15
2023
 ERISA Fiduciary Breach Action Narrowly Hurdles Motion to Dismiss in Minnesota Jackson Lewis P.C.
Aug
24
2020
 ERISA Plan Participants Cannot Proceed As A Class In Challenging EpiPen Prices Proskauer Rose LLP
Jul
31
2018
 ERISA Preempts State Regulation of PBM–Pharmacy Pricing Agreements McDermott Will & Emery
Dec
19
2012
 Expert Who Admittedly Failed to Follow 921 Employed Reliable Methodology Armstrong Teasdale
Jul
10
2019
 Failure to Specifically Challenge “Delegation” Clause in Arbitration Agreement Means Motion to Compel Arbitration “Must Be Granted” Carlton Fields
Sep
30
2012
 Failure to Test Ignition Theory Results in Exclusion Armstrong Teasdale
Apr
5
2023
 False Claims Act: Appellate Court Deepens Circuit Split in Favor of Healthcare Defendants Polsinelli PC
May
4
2018
 False Representation Must be Material to Violate FDCPA, Eighth Circuit Rules Ballard Spahr LLP
Apr
3
2024
 FASHIONABLE LAWSUITS: Hugo Boss and Chicme Latest Targets of TCPA Class Actions Troutman Amin, LLP
Aug
5
2016
 Father and Son Food Company Executives Sentenced to Prison for Salmonella Outbreak Keller and Heckman LLP
May
16
2021
 Faxes with Employee Stress Relief Purpose Bring Back TCPA Pain Squire Patton Boggs (US) LLP
Feb
17
2016
 FCA Claims Based on Average Wholesale Price Theory Barred by Public Disclosure Bar McDermott Will & Emery
Aug
15
2022
 FCA Enforcement: Eighth Circuit Requires But-For Causation for Anti-Kickback FCA Violations Foley & Lardner LLP
Oct
16
2020
 Federal Court Applying Michigan Law Recognizes Implied Warranty of Design Adequacy Barnes & Thornburg LLP
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.
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