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

June 2012 Archives

8th Cir. Applies Clear Error Standard to Review Car Accident Case

It's not every day that a garden variety car accident case makes its way up to the Eighth Circuit Court of Appeals. So what does it take for a federal appeals court to overturn a negligence determination?

On Tuesday, a three-judge panel of the Eighth Circuit ruled on such a case, finding that a Michigan man, Justin Pohl, could keep his $407,000 jury award for the injuries he suffered in a car crash.

Gay Pride, Bibles and Free Speech: 8th Circuit Grants Injunction

In the spirit of Gay Pride month, we bring you this case out of the Eighth Circuit Court of Appeals.

Brian Johnson, a man who has been handing out Bibles at the Gay Pride Parade in the Twin Cities since 1995, was granted an emergency temporary injunction last week, allowing him to proceed with the distribution as planned, the Star Tribune reports.

Ray Dansby Gets New Hearing in Capital Murder Case

A death row inmate had a partial victory in his case Thursday, as the Eighth Circuit Court of Appeals handed down a ruling that remanded part of the case.

Ray Dansby was on death row for the 1992 capital murder of his ex-wife, Brenda Dansby, and her boyfriend, Ronnie Kimble, reports the Arkansas News Bureau.

Eighth Circuit Talks About Excessive Damages in Prison Case

When does the Eighth Circuit Court of Appeals review and reverse a damages award for being excessive?

Not that often.

A former Arkansas prisoner may keep his $813,000 damages award, the Eighth Circuit Court of Appeals held this week.

Eighth Circuit Announces Bankruptcy Judge Vacancy in Missouri

The Eighth Circuit Court of Appeals is looking to fill a vacancy for Bankruptcy Judge, according to an announcement on the Court’s website. Specifically, the court is looking for candidates to apply for the position of Federal Bankruptcy Judge for the Western District of Missouri.

The position starts in January 2013, but applications are being accepted now. The judgeship is for a 14-year term. Interestingly, you don’t have to be a bankruptcy attorney to apply for this position. While that will likely play a role in the selection process, the criteria don’t limit the judgeship to bankruptcy lawyers or attorneys from a particular circuit.

The salary for the position is $160,080.

Ex-Employee Can Sue for Racist Receipt Defamation

It looks like racism is still alive and rampant in parts of the South. Now, an employee who inadvertently ended up looking racist in a work-related misunderstanding can bring a lawsuit for defamation against her former employer, reports the Insurance Journal.

The Eighth Circuit Court of Appeals held that Jessica Cockram can bring a lawsuit against Genesco Inc. for firing her, after she inadvertently gave a customer a receipt with racial slurs on it. At the time of the incident, Cockram was a clerk at a store owned by Genesco.

Investors May Bring Suit Against KV Pharmaceutical

The Eighth Circuit Court of Appeals held in favor of investors earlier this week, saying that the investors could pursue claims against KV Pharmaceutical Corporation for its false and misleading statements made to the U.S. Food and Drug Administration, reports Reuters.

The case had been dismissed in 2010 by a district court.

The lawsuit alleges that the class of investors suffered over $1 billion in losses due to the fact that the generic drug maker made false claims to the FDA in compliance reports and subsequently shut down its manufacturing operations.

Muslim Woman Refuses to Rise for Judge, Cites Religion

What do you do when a defendant refuses to rise for the judge? The Eighth Circuit Court of Appeals grappled with the question in light of the Religious Freedom Restoration Act after a Muslim woman refused to rise for the judge, reports The Wall Street Journal.

District Court Judge Michael Davis nailed Amina Farah Ali with 20 contempt of court charges, when Ali refused to respond the the statement "all rise" in a Minneapolis court house.

Tribes Sue NCAA Over Right to Use 'Fighting Sioux' Name

A Native American tribe in North Dakota indicated that it may be planning to bring its lawsuit to the Eighth Circuit Court of Appeals, reports the Bismarck Times.

The Spirit Lake and Standing Rock Sioux tribes sued in the federal district court against the National Collegiate Athletic Association (NCAA) for its policy banning the use of Native American imagery. The lawsuit didn’t get very far on the merits, given the reaction of the district judge.