U.S. Eighth Circuit

U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog


Lack of Typicality Kills Class Action Against General Mills

The Eighth Circuit reversed a federal district court's decision to certify a class of plaintiff homeowners against General Mills. According to the lawsuit, General Mills allowed pollutants to decrease the plaintiffs' property values. Unfortunately for the plaintiffs, the Eighth Circuit determined that their injury was too atypical. It's a major victory for General Mills to say the least.

And it seems to place limits on the earlier SCOTUS case of Tyson Foods Inc. v. Bouaphaeko in which the court based its certification on statistical evidence of commonality despite individualized injuries.

8th Circuit Clarifies When a Party Loses Arbitration Rights

The Court of Appeals for the Eighth Circuit clarified just when a party loses its arbitration rights in a wrongful termination suit, deciding that rights of an employer were lost when it acted inconsistently with the rights of the opposing party.

State regulators didn't violate the First Amendment rights of a Nebraska financial adviser when they looked into his regulatory compliance, in part because of his participation in the Tea Party movement and public criticisms of President Barack Obama, the Eighth Circuit ruled today.

Robert Bennie, Jr., had been a vocal critic of the president's, calling him a communist and an "evil man" in an interview with the Lincoln Journal Star. He'd also been playing loose with state disclosure requirements, regulators believed. So, when workers at the Nebraska Department of Banking and Finance started asking questions about Bennie's work, they also touched on his "polarizing" political activities. But while those questions might have crossed a line, they weren't enough for a reasonable person to stop exercising their free speech rights, according to the Eighth Circuit.

8th Affirms Denial to Let Fraudster Represent Himself Pro Se

Calling all experienced motion practice attorneys out there: what does the following mean? "Affidavit of Truth Notice of Conditional Acceptance of Offer Upon Proof of Claim."

We've seen some awful motion captions before, but the above takes the cake. And because of ridiculous behavior by a litigant who wanted to represent himself pro se, the circuit court affirmed a lower court's decision that he should lose that privilege.

An employer did not violate the Americans With Disabilities Act when it rescinded an offer to an overweight candidate, the Eighth Circuit ruled last month. In doing so, the court rejected a claim that obesity is a disability and that the obese are protected against discrimination under the ADA -- as long as that obesity isn't linked to or caused by another medical condition.

Litigation over obesity is becoming more common as American's waistlines expand. But, with decisions like the Eighth Circuit's, those claiming anti-obese discrimination aren't likely to see much luck in federal courts.

Immigration Case Reveals the Chaotic State of Mexican Gangs

A federal appellate case out of the Eighth Circuit highlighted what can properly be described as a disaster situation within the state of Mexico. When the Saldana family emigrated (more like escaped) personal threats made against their lives by powerful Mexican gangs, little did they know that the immigration board in America would be splitting hairs about the proper application of the oft used Convention Against Torture.

One almost gets the impression that the circuit was quite close to reversing the lower court decision, but immigration matters are highly deferential to lower tribunals and courts.

ADA Petitioner Who Admitted Trolling With Lawyer Gets Vindication

An ADA plaintiff who sued the Minnesota Department of Health had a dismissal of his case affirmed against him after the appellate court first gave him hope by ruling that the lower court should have heard his case instead of dismissing it.

However, it would later toss out his due process claims. Can't win them all.

Best Buy Class Decertified by the 8th Circuit

A class of consumers led by the pension fund IBEW got effectively de-classed by the Eighth Circuit when it ruled that the lower court had abused its discretion in certifying that a class held together by common issues.

The decertification is a major victory for Best Buy as it will mean that cases will most likely have to be brought individually -- if at all.

Hearsay Sinks Meat Packer's Counterclaim Against Distributor

The Eighth Circuit affirmed the lower trial court's ruling against Greater Omaha Packing Co., a meat packing company whose unsanitary conditions led to numerous cases of e. coli littering headlines from 2007 to 2010. The circuit court also affirmed the lower court's decision to affirm summary judgment against Greater Omaha on its countersuit for "tortious interference of business expectation."

Here we will focus exclusively on reviewing Greater Omaha's counterclaim.

8th Circuit Rules for Employees in Jimmy John's NLRA Case

The Eighth Circuit just upheld another NLRA ruling for workers who protested their employer's employment acts or policies. It looks like the end of the sandwich case that has ruffled a few feathers.

Increasingly, it appears that the NLRA has a lot of teeth, further frothing up the controversial debate as to what kind of legal protections employees enjoy when they actively publish negative publicity about their employers.