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Lack of Typicality Kills Class Action Against General Mills

The Eighth Circuit reversed a federal district court's decision to certify a class of plaintiff homeowners against General Mills. According to the lawsuit, General Mills allowed pollutants to decrease the plaintiffs' property values. Unfortunately for the plaintiffs, the Eighth Circuit determined that their injury was too atypical. It's a major victory for General Mills to say the least.

And it seems to place limits on the earlier SCOTUS case of Tyson Foods Inc. v. Bouaphaeko in which the court based its certification on statistical evidence of commonality despite individualized injuries.

Hacking Not a Foreseeable Consequence of Employee Negligence, 8th Cir. Rules

In hacking cases, employee negligence is not a primary cause for insurance payouts -- even when an employee's negligence plays an "essential role" in the hacking incident. That's according to a recent ruling by the Eighth Circuit.

No doubt the court's ruling will cause many criminal insurance policies to re-examine their policies and to redefine what is covered under "indirect loss."

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.

Amtrak Not Liable for Mysterious Passenger Death, Says 8th Cir.

The Eighth Circuit affirmed a lower court's finding that Amtrak was not liable in a wrongful death action brought by the deceased's estate. His son sued Amtrak on theories of negligence when Mr. Haukeroid's body was found near the rails of the Amtrak line, although the exact nature of his exiting the vehicle remained a mystery.

The case also touches on the issue of due care owed to passengers in common carrier vehicles.

8th Circuit to Review American Sniper 'Scruff Face' Award

Jesse Ventura's defamation suit has landed at the doorstep of the 8th Circuit. Although the final decision is potentially months away, legal scholars and big business are already at the sidelines waiting with bated breath.

The lawsuit is a direct result of an account that Navy SEAL Chris Kyle (now deceased) claimed took place in a California bar in 2006. In his book, Kyle claimed that the then anonymous "celebrity" Navy SEAL known only as "Scruff Face" spoke offensively about the SEALs and that Kyle just had to straighten him out. The stakes? Only what must be proven to support a defamation claim and the very limits of what is protected speech in America. Opinion pieces on the legal implications make for stimulating reading.

By the way, "Scruff Face" is Ventura.

When Carol O'Neal's husband died in a hunting accident, she sued his rifle's manufacturer, the Remington Arms Company. The rifle's design was defective, she alleged, causing the gun to fire when the trigger wasn't pulled.

There was one catch, though. Ms. O'Neal couldn't produce her husband's rifle or even any direct evidence of the defect. That doesn't mean her case can't go forward, however, the Eighth Circuit ruled on Wednesday.

Victim of St. Louis Ponzi Scheme Lawyer Loses at 8th Cir.

Want to prove legal malpractice in Missouri when it comes to international investments? According to the Eighth Circuit, you're going to need an expert witness for that.

Phil Rosemann sued Martin Sigillito for legal malpractice after Sigillito absconded with a large part of a $15.6 million dollar loan, ultimately leading to his conviction for wire fraud and money laundering.

A sheriff's deputy in South Dakota, accused of using excessive force in shooting and killing a young man, is not summarily protected from suit by qualified immunity, the Eighth Circuit held on Monday.

Christopher Capps, a 22-year-old member of the Lakota Sioux tribe, was shot and killed by Deputy David Olson in 2010. When Capps' parents sued, Olson argued that he was protected by qualified immunity. The facts alleged put that into question, the court found. Olson's alleged use of excessive force would have violated Capps' constitutional rights and prevented Olson from being covered by qualified immunity. Thus, the factual dispute must be determined at trial.