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

June 2015 Archives

After a Missouri health care worker was subject to several instances of physical and verbal harassment from a patient, she sued her employer. Chavonya Watson argued that Heartland Health Laboratories created a hostile working environment by failing to protect her from the third party harassment.

The Eighth Circuit, however, was unconvinced. the court found that, even if an employer could be held responsible for a third party, the harassment alleged was too fleeting to have created a hostile work environment, having occurred for just moments at a time.

Not everyone can transition between politics and the silver screen as easily as Arnold Schwarzenegger -- or even Al Franken. Former Arkansas governor and perennial presidential candidate Mike Huckabee hasn't had an easy go of it.

In a case of "I Don't Heart Huckabee," the politician is facing a $5 million class action lawsuit alleging that he violated telemarketing laws by sending millions of prerecorded robocalls promoting the 2012 flop "Last Ounce of Courage." Huckabee's not getting any help from the Eighth Circuit, either, as that court just reversed a district court's dismissal and allowed the suit to go forward.

Julian Mitchell appealed his felon-in-possession charge with a classic argument: his mom was too mentally incompetent to consent to the search of her own house. The Eighth Circuit reviewed the appeal with an appropriate amount of sympathy for the poor guy.

The Eighth Circuit became the latest appellate court to strike down a state law banning abortions before viability last week. The court threw out an Arkansas law banning abortions after 12 weeks, reiterating the requirement that states may not unduly burden a woman's right to choose prior to fetal viability.

However, unlike its sister circuit to the west, the Eighth did not emphasis the arbitrary or burdensome nature of those bans. Rather, it lamented the lack of a scientific record in the case which may allow it to move the line of viability forward and, with a heavy wink and nudge to abortion opponents, discussed how scientific developments might reshape abortion law.