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

December 2014 Archives

8th Cir. Year in Review: Top 10 Blog Posts of 2014

We're wrapping up our 2014 "year in review" series, continuing with a circuit close to my heart -- the Eighth Circuit, home of my native land of Missouri.

What happened in the Eighth Circuit this year? A whole lot of everything, actually. Unlike most other circuits, there were no gay marriage appeals to take over the headlines. Instead, this circuit dealt with everything ordinary: prisoners' rights litigation, allegedly dangerous drugs, and lawyers acting stupid.

Here are your Top 10 Eighth Circuit blog posts for 2014:

Judge Kermit Bye Sets Senior Status Date: April 22, 2015

Arrivederci, Judge Kermit Bye!

On Wednesday, the Eighth Circuit judge's office confirmed that Bye will assume senior status this spring -- April 22, to be exact -- in order to reduce his caseload and spend more time with his family, The Associated Press reports. The move will be on the 15th anniversary of his appointment to the Eighth Circuit bench (April 22, 2000).

Though Judge Bye surely has had a number of significant opinions over the years, his lambasting of the State of Missouri in two recent death penalty cases -- both of which ended in executions before the federal courts could review the inmates' final challenges -- were especially passionate and memorable.

Arbitrator Decides Whether Arbitration Clause Applies: 8th Cir.

Arbitration clauses are everywhere, and we write about them a lot. Whether it's Sirius XM, Indian tribe payday lenders, or cell phone companies, we've seen everything in arbitration cases.

Or so we thought.

Last month, the Missouri Court of Appeals upheld going to arbitration even after a customer was beaten and robbed in his own home by an employee. That's right: Even an incidental tort claim might be governed by the arbitration agreement. This is way worse than American Express charging extra fees.

Univ. of Iowa Urges SCOTUS to Intervene in Political Professor Case

Last week, the University of Iowa asked the U.S. Supreme Court to block a second trial in the case of Teresa Wagner, a part-time writing instructor at the University of Iowa College of Law who claimed she was denied a full-time position because of her conservative politics.

In July, the Eighth Circuit Court of Appeals said that Wagner was entitled to a second trial after the trial judge made a procedural misstep. So what's going on?