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

April 2012 Archives

Court Says Natural Gas Rights Don't Flow with Coal Rights

The Eighth Circuit Court of Appeals ruled last week on whether or not the holders of coal rights had a right to natural gas from the mine as well.

The case involves a mine in Sebastian County, Arkansas.

Percy Green II Loses Arrest Case, Cop Has Qualified Immunity

Percy Green II is a well known civil rights figure in St. Louis. Last week, the Eighth Circuit Court of Appeals addressed a case involving Green’s arrest several years back, for his alleged disruption of a school board meeting.

Subsequently, the charges against Green were dropped. Green nevertheless sued the police officers who had arrested him, alleging that the arrest violated his civil rights.

Warrantless GPS Tracking OK Under Good Faith Exception

Despite a U.S. Supreme Court ruling on warrantless GPS tracking, an Eighth Circuit feeder court has ruled that evidence gathered by DEA agents from warrantless GPS tracking can be admitted in court, under the “good faith” exception.

Earlier this year, the U.S. Supreme Court ruled that the warrantless attachment of a GPS tracking device on a suspect’s car constituted an unreasonable search.

No Fee Shifting for Landlord Who Exposed Self to Tenants

In some cases, the prevailing party can collect fees in the Eighth Circuit Court of Appeals.

But a landlord who allegedly exposed his genitalia to female tenants, won’t be allowed to collect more than $100,000 in legal fees that he requested, reports Courthouse News.

8th Circuit Court of Appeals Affirms Denial of MSJ on FMLA Lawsuit

Here’s a case out of the Eighth Circuit Court of Appeals involving the Family Medical Leave Act (FMLA).

The case deals largely with the factual scenario surrounding the FMLA and a former Department of Economic Development employee.

Judicial Selection Process Survives 8th Circuit Appeal

On Monday, the U.S. Court of Appeals for the Eighth Circuit upheld the dismissal of a lawsuit challenging the way judges are vetted in the state of Iowa.

The lawsuit, which was brought by four Iowa residents, challenged the composition of the Judicial Nominating Commission at the time when the commission was vetting applicants for judgeships.

EEOC to Petition 8th Circuit for Rehearing in Trucker Case

The trucker lawsuit is making its way to the Eighth Circuit Court of Appeals, reports The Washington Post.

On Monday, the Equal Employment Opportunity Commission asked the federal appeals court to review a ruling issued by the appeals court in February.

Court Limits Judicial Campaign Solicitation for Gregory Wersal

It’s election year again and the timing is perfect for the Eighth Circuit’s recent decision on the solicitation of campaign funds. In a 7-5 en banc decision, the Eighth Circuit Court of Appeals held in favor of a Minnesota rule that would limit the ability of judicial candidates to personally solicit campaign funds, reports Thomson Reuters News & Insight.

The Wersal v. Sexton case has been before the Eighth Circuit before, when a three-judge panel held that the Minnesota rules in question failed strict scrutiny. En banc, however, the Eighth Circuit reached a different conclusion.

Court Limits BIA Appeal on Immigration Hardship Issue

For immigration attorneys practicing before the Eighth Circuit Court of Appeals, jurisdiction can be a very important topic. When the Board of Immigration Appeals shoots down your case, you may have to consider whether the Eighth Circuit can even hear your case.

A recent case was tossed by the federal appeals court for exactly that reason— lack of jurisdiction.