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

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Backpage.com has certainly faced quite a bit of public controversy over the past few years, given the website's popularity for online advertisements for prostitution.

In the company's most recent effort to dodge legal trouble and controversy, it is appealing the order to turn over years of both operational and editorial data. The Missouri state attorney general seeking the information believes that there is some evidence that Backpage "played a direct and active role in creation, soliciting, and promoting advertisements for illegal commercial sex on its website."

Missouri Appeals Court Affirms $16.7M Verdict in Opioid Case

Opioids -- pain relievers derived from synthetic forms of opium -- are everywhere.

From the president to the pusher, everybody seems to be talking about opioids. By all accounts, there is an "opioid epidemic."

And that was a problem in a case against a doctor and hospital accused of over-prescribing the drug. The defendants appealed a $16.7 million verdict, saying the judge allowed jurors to hear too much about the epidemic.

In June 2017, the Eighth Circuit Court of Appeals upheld the $11 million judgment against Toyota stemming from an unintended acceleration case that left three people dead, and put the driver behind bars for over two years. Toyota requested reconsideration of the matter, and a month later, in August 2017, the Eighth Circuit upheld the judgment against them once again.

The big issue that Toyota sought reconsideration on, apart from the size of the judgment, involved the evidence of "other similar incidents." In the case, testimony from three other individuals, unrelated to the accident in the present case, described situations where their Toyota Camrys (of the same model year) suffered the unintended acceleration problem alleged to have caused the accident in the present case.

No Luck for Man Wrongfully Listed on Sex Registry

Once a registered sex offender, always a registered sex offender -- even if the offender was wrongfully listed on the sex offender registry.

That's a hard-edge reading of a federal appeals court decision in Roe v. State of Nebraska. The plaintiff sued the state for negligently listing him on the registry, but a trial court dismissed the case as untimely.

"We conclude that even if Roe's pleading was sufficient to state a claim of negligence against the defendants, his claim is barred by the two-year statute of limitations of the Nebraska State Tort Claims Act," said the U.S. Eighth Circuit Court of Appeals.

8th Circuit Affirms Denial of SSDI Benefits for Injured Vet

The Eighth Circuit affirmed an administrative court's ruling of denial of SSI benefits for injuries a soldier sustained while in combat in Iraq. The issue at hand involved whether or not the petitioning soldier was injured enough to be eligible.

The outcome of this review should be used as a means to warn injured plaintiffs to follow a medical regimen with painstaking care.

Repeat Offender Egg Seller Gets Jail Time for Filthy Practices

Jack DeCoster and his son Peter will serve three months in jail and be fined $100,000 each for having violated food safety regulations.

Among the facts that have horrified interested parties include a salmonella contamination reading of 3,900 percent higher than the national average, as well as dead rodents decaying in the laying area. Hungry, anyone?

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.