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

December 2017 Archives

For the victims of sexual harassment, it is already difficult enough to come forward to speak up, let alone file an official complaint with an employer. And when it comes to sexual harassment lawsuits, the Eighth Circuit doesn't seem to be very plaintiff-friendly, according to a Citypages writer that surveyed a few curious results from within the circuit.

Notably, the Eighth Circuit Court of Appeals has only one single female active justice out of nine. Of the five judges on senior status, there is also one more female jurist. However, given how highly the circuit regards the high standard sexual harassment plaintiffs are held to, it's natural that those plaintiffs would perceive a hostility towards sexual harassment claims from the court that may run deeper than just a predominantly male bench.

Former law partner and Nebraska state chief deputy attorney general, Leonard Grasz, recently had his nomination to the Eighth Circuit Court of Appeals confirmed by the Senate.

Despite the ABA's rarely given "unqualified" rating of soon-to-be Judge Grasz, the 50 to 48 vote cut along partisan lines, much like the Senate Judiciary Committee's 11 to 9 vote. Judge Grasz is expected to be a conservative judge, and if the ABA is correct, potentially one that is a little too passionate.

Mandatory Deportation Warning Isn't Retroactive

Maybe it's time that you criminal defense attorneys -- particularly when representing immigrants -- wear badges that say: "You may be deported if you are convicted."

That's because the U.S. Supreme Court ruled that criminal defense attorneys have a duty to inform clients about possible immigration consequences of pleading guilty. It's required to provide effective counsel under the Sixth Amendment, the High Court said seven years ago in Padilla v. Kentucky.

But what if you messed up eight years ago? Well lucky for you, that's another case -- Barajas v. United States of America.