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
2
2015
Bank Bond Covers Third-Party Losses Arising out of Bank Employee’s Fraud, Eighth Circuit Holds Proskauer Rose 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
Jan
8
2024
Missouri Court Denies Dismissal of SIFMA Challenge to Missouri’s Anti-ESG Rules for Financial Advisers Proskauer Rose LLP
Dec
17
2015
Missouri Federal Court Awards $11.7M in Attorneys’ Fees In Fund Mapping Case Proskauer Rose LLP
Jul
7
2022
Supreme Court Rules on the Requirements for a Waiver of the Right to Arbitrate Proskauer Rose LLP
Dec
18
2014
Supreme Court Clarifies the Standard Governing Removal of Class Action Cases to Federal Court Proskauer Rose LLP
Apr
7
2015
Ameriprise Agrees to Pay $27.5 Million to Settle Fiduciary Breach and Prohibited Transaction Claims Proskauer Rose LLP
Jul
31
2015
No Damages Awarded for ERISA Plan Fund Mapping Claims Proskauer Rose LLP
Jun
13
2016
Eighth Circuit Deals Significant Blow To SOX And Dodd-Frank Whistleblowers Proskauer Rose LLP
Oct
26
2016
Thrivent Financial v. Perez: Update on Lawsuits Challenging U.S. Department of Labor’s Fiduciary Rule Proskauer Rose LLP
Jan
22
2020
No Class Arbitration Available in PBM Case Proskauer Rose LLP
May
14
2014
Eighth Circuit: Employee Retirement Security Income Act (ERISA) Plan Beneficiary Designation Trumps Will Proskauer Rose LLP
Apr
27
2016
Supreme Court To Resolve Circuit Split Over Bank Fraud Statute Proskauer Rose LLP
Oct
26
2016
Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule: October 26, 2016 Proskauer Rose LLP
Aug
23
2017
The Eighth Circuit Reignites Claims of Continuing Conduct in Propane Tank Conspiracy Proskauer Rose LLP
Dec
13
2017
Billable Bitcoins: Why it Pays for Lawyers to Accept Cryptocurrency Proskauer Rose LLP
Nov
13
2019
Emerging Trend: ADA Does Not Cover Potential Future Disabilities Proskauer Rose LLP
May
20
2014
Eighth Circuit Affirms Mandatory Continuing Education Training Is Not Compensable Jackson Lewis P.C.
Jan
8
2015
Team Leaders at Processing Facility Properly Classified as Exempt Jackson Lewis P.C.
Jan
14
2016
Caretakers’ Own Homes Were “Private Homes,” Rendering Them Exempt Companions Jackson Lewis P.C.
May
2
2016
Employee Disloyalty Not Sufficient for Firing Where Part of Concerted Protest, Board, Eighth Circuit Holds Jackson Lewis P.C.
Aug
19
2016
Sometimes a Complaint is Just a Complaint: Eighth Circuit Applies Reasonableness Standard to Reject Employee’s SOX Retaliation Claim Jackson Lewis P.C.
Jun
1
2021
U.S. Bancorp Defeats Class Certification in Challenge to Early Retirement Benefits Jackson Lewis P.C.
Feb
16
2017
Eighth Circuit: Failure to Accommodate, in and of Itself, Violates ADA Jackson Lewis P.C.
Jun
4
2021
Administrative Exhaustion Is Required Even When Not Mentioned in Plan Jackson Lewis P.C.
May
22
2014
Federal Court Sides with Occupational Safety and Health Administration (OSHA) on Machine Guard Standard Jackson Lewis P.C.
Mar
5
2014
Employers Must Treat Employees on Military Leave like Those on Comparable Leaves, Appeals Court Rules Jackson Lewis P.C.
Nov
21
2016
Eighth Circuit Court Again Approves Safety-Based Medical Examination without Individualized Assessment Jackson Lewis P.C.
Jul
19
2018
Top Five Labor Law Developments for June 2018 Jackson Lewis P.C.
Nov
30
2021
Centers for Medicare & Medicaid Barred From Enforcing Mandatory COVID-19 Vaccine Rule in 10 States Jackson Lewis P.C.
May
30
2014
Non-Compete Covering Future Customers Overbroad and Unenforceable, Arkansas Court Rules Jackson Lewis P.C.
Feb
16
2015
Eighth Circuit Affirms Judgment on the Pleadings in Arkansas Non-Compete Case Jackson Lewis P.C.
Sep
11
2016
Employment Application That Included a “Health History” Form Violated the ADA and GINA Jackson Lewis P.C.
Nov
21
2016
Federal District Court In Missouri Raises Doubts Concerning Whether At-Will Employment Is Consideration For A Non-Compete Agreement Jackson Lewis P.C.
Dec
2
2019
Jury Finds Against Female Physician’s Unequal Pay Claims Jackson Lewis P.C.
 

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