U.S. Eighth Circuit

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


The Eighth Circuit has pulled the plug on a putative class action against GameStop, the video gaming store and publisher of magazines like Game Informer. Game aficionado Matthew Carlsen had sued the company, alleging that GameStop's Game Informer website shared user information with Facebook, in violation of its own privacy policy and Minnesota consumer fraud laws.

A district court tossed Carlsen's suit last summer for lack of standing. In a decision released yesterday, the Eighth Circuit briefly revived Carlsen's hopes of videogame class action success, ruling that he indeed had standing to sue -- only to toss his lawsuit for failure to state a claim. The ruling could be "game over" for the class action.

8th Cir. Upholds NFL Suspension of Adrian Peterson

When Minnesota Vikings running back Adrian Peterson texted to his son's mother to say he felt bad not for engaging in child abuse, but for accidentally striking his boy's 'nuts,' he probably was not aware that he was taking chances with his career. A short time later, Peterson was suspended from playing.

This punishment was upheld by the Eighth Circuit yesterday when it was ruled that the NFL had the right to imposed fines and suspend Peterson after he was charged for felony abuse of his child.

'Wal-Mex' Derivative Suit Dismissed on Quasi-Procedural Grounds

The Mexican arm of Walmart (known as Wal-Mex) has been at the center of several Walmart lawsuits recently. The latest, involving allegations that top brass at Walmart knowingly engaged in violations of the Foreign Corrupt Practices Act, has been dismissed by the Eighth Circuit, largely on quasi-procedural grounds and particularity.

Litigators, should take note: Demand clear specifics from your clients when they allege fraudulent activity. It could defeat a dismissal.

8th Circuit Affirms Denial of SSDI Benefits for Injured Vet

The Eighth Circuit affirmed an administrative court's ruling of denial of SSI benefits for injuries a soldier sustained while in combat in Iraq. The issue at hand involved whether or not the petitioning soldier was injured enough to be eligible.

The outcome of this review should be used as a means to warn injured plaintiffs to follow a medical regimen with painstaking care.

Repeat Offender Egg Seller Gets Jail Time for Filthy Practices

Jack DeCoster and his son Peter will serve three months in jail and be fined $100,000 each for having violated food safety regulations.

Among the facts that have horrified interested parties include a salmonella contamination reading of 3,900 percent higher than the national average, as well as dead rodents decaying in the laying area. Hungry, anyone?

Iowa Nurses Won't Get Raises Under CBA

In what has been described by some lawyers as shocking and troubling, the Eighth Circuit has ruled that an Iowa hospital was not incorrect in freezing nurses' raises after their collective bargaining agreement expired.

If the ruling remains on the books, it stands to fundamentally change the tenor and validity of CBAs around the country -- especially those within middle America.

8th Circuit: Scanning Credit Cards Is Not a Search

After a recent ruling by the Eighth Circuit, police can access the information on the back of your credit/debit/gift card without having to obtain a search warrant first. Why? Because it's not a search under the Fourth Amendment, the circuit ruled. If this doesn't scare you, perhaps it should, because it has the potential to undermine the digital privacy law as recently laid out by Riley v. California.

Here, there seems to be a colorable argument to be made that the Eighth Circuit's opinion cuts against a reasonable application of Riley as it might apply to credit cards. Should cell phone law apply to magnetic strips?

8th Cir. Revives Federal Claims by Michael Brown Juror

Federal claims by one of the jurors in the Michael Brown case were revived by the Eighth Circuit. Additional controversy in the critical "Black Lives Matter" case was stirred when the anonymous juror -- known only as "Jane Doe" -- suggested that not all jurors unanimously agreed not to indict police officer Darren Wilson.

Doe, who apparently feels quite strongly about her opinion, faces the possibility of having misdemeanor counts brought against her for disclosing the goings-on of jury deliberations, according to the Associated Press.

Ventura's 'American Sniper' Reward Cut Down to Size by 8th Circuit

It appears that former Minnesota governor Jesse Ventura's recent $1.8 million victory against the estate of Chris Kyle of American Sniper fame will be reduced following a ruling by the Eighth Circuit. The overturned award related to disputes over Ventura's defamation win, which the circuit found had been tainted with improper testimony of insurance.

Obviously, the MPAA and other producers reacted warmly to the Eighth Circuit's ruling.

A whistleblowing employee is not protected from retaliation under the Sarbanes-Oxley Act if a reasonable person, in his position and with his same training and experience, would not have believed there was a securities violation to report, the Eighth Circuit ruled this week. The ruling makes the Eighth Circuit the fourth federal appellate court to endorse the so-called Sylvester standard, first adopted by the Department of Labor's Administrative Review Board in 2012.

The ruling came as the Eighth Circuit rejected the claims of Vincent Beacom, a former vice president of sales at Oracle's Retail Global Business Unit. Beacom had complained about a change in revenue projection procedures which he felt mislead Oracle's shareholders. RGBU's revenues made up less than one fifth of one percent of Oracle's revenue at the time.