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

April 2016 Archives

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.