U.S. Eighth Circuit

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

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.

8th Circuit Rules on Another NLRB Employee vs. Contractor Case

Few government agencies make lawyers groan more than the National Labor Relations Board, with possible exception of the IRS. This month, the Eighth Circuit decided to deny a security company's petition for review of an NRLB order against it and grant the agency's enforcement of its slap-down.

A Kansas City man who printed child porn at his local library lost a challenge to his conviction in the Eighth Circuit last week. Donald Paris was nabbed after librarians discovered him printing out emails from other child pornographers.

Those emails led to an investigation that showed he'd also printed child porn at the library and taken pornographic images of his young nephew, leading to his eventual conviction for producing child porn.

8th Cir. Affirms EPA Thumbs up to Minnesota's Anti-Pollution Plan

The Eighth Circuit refused to review and set aside the EPA's decision to approve Minnesota's plan to reduce visible emissions from five of its power plants that adversely affect the natural beauty of some of its wilderness and the national parks in that region.

The petition to overturn the EPA's decision to allow Minnesota's application of the "Transport Rule" was denied.

Amtrak Not Liable for Mysterious Passenger Death, Says 8th Cir.

The Eighth Circuit affirmed a lower court's finding that Amtrak was not liable in a wrongful death action brought by the deceased's estate. His son sued Amtrak on theories of negligence when Mr. Haukeroid's body was found near the rails of the Amtrak line, although the exact nature of his exiting the vehicle remained a mystery.

The case also touches on the issue of due care owed to passengers in common carrier vehicles.

A Vacated Conviction Can Still Get You Deported, 8th Cir. Rules

When Arturo Andrade-Zamora petitioned to have his removal from the United States canceled, the Immigration Judge who handled his case decided that despite its vacatur, Zamora should be deported back to Mexico anyway. The circuit eventually agreed with the IJ and the BIA.