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

July 2013 Archives

Stripper Gets Back $1M Seized During Traffic Stop

The Eighth Circuit just got a little saucier with a stripper, a drug bust, and $1 million dollars in cold hard cash at the center of it all. A former California stripper is slated to get more than $1 million in cash returned to her after Nebraska state troopers seized the bills during a traffic stop in 2012.

Nebraska District Judge Joseph F. Bataillon ordered that all $1,074,900 be returned to ex-stripper Tara Mishra, saying her story that she saved up the money while stripping from the age of 18 was credible, and that the government never proved the money had any connection to a drug transaction, reports NJ.com.

Rosalie Wahl, First Woman on Minn. Supreme Court, Dies at 88

A somber moment for the Eighth Circuit, Rosalie Wahl, the first woman to serve on the Minnesota Supreme Court, passed away on Monday at age 88. Wahl, who was appointed to Minnesota’s highest court in 1977 by Gov. Rudy Perpich, wrote more than 500 legal opinions during her 17 years there, reports the Minnesota Public Radio.

In 2006, when a group commissioned a portrait of Wahl to hang permanently at William Mitchell law school, she recalled a lack of visible female role models in her time. “When I went to law school, I’d sit in the library and down at the end, they had a portrait. And the portrait was of John Sanborn, who […] was a judge of the 8th Circuit, I think,” she said. “I never saw a woman judge. I never had a chance to practice in front of one.”

Front Lawn Isn't a Warrantless Curtilage Search, Says 8th Circuit

Does a front yard count as curtilage? According to the Eighth Circuit Court of Appeals, not when it's a front yard with a motorcycle displaying a "For Sale" sign.

What does and does not count as curtilage is often perplexing to practitioners and law students alike. While the Eighth Circuit's decision in United States v. Bausby fleshes out the rule out a bit, it still leaves much to the legal imagination.

8th Circuit Threatens to Sanction Rogue 'Show Me the Note' Lawyer

The (fed up) Eighth Circuit Court of Appeals threatened to impose its own sanctions on a rogue “show me the note” attorney in Minneapolis for continuing to file appeals, using legal arguments that have been repeatedly rejected by the district court in Minnesota as well as the federal appeals court.

Foreclosure attorney William B. Butler is already in the disciplinary hot seat with the federal district court in Minnesota and the Minnesota Lawyers Professional Responsibility Board, reports the Minneapolis Star Tribune.

This is the third time in five days that the Eighth Circuit appeals panel has upheld the dismissal of a Butler lawsuit. As it turns out, the third time is not the charm.

8th Circuit Clarifies What Forms Lawyer-Client Relationship

What conduct forms a lawyer-client relationship? From the topic of conversation, to the type of assistance the attorney is providing, what exactly triggers an attorney-client relationship can get tricky. Last week, the Eighth Circuit Court of Appeals clarified the issue.

The court’s decision specifically fleshed out what interactions do and do not result in a lawyer-client relationship.

Judge Orders New Trial in '95 Slaying of Teen, May Reach 8th Cir.

In an unorthodox move, a federal judge has ordered a new trial for an Iowa state prisoner convicted in the brutal 1995 murder of a northwestern Iowa teenager.

While state prosecutors appeal to the Eighth Circuit Court of Appeals, the decision by U.S. District Judge Mark Bennett resurrects a case that ignited tensions between whites and Hispanics and led to crackdowns on illegal immigration, reports The Associated Press.

Trademark Enforcement: No TTAB Preclusive Effect on Courts

The US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB), among other things, issues decisions on whether two marks are confusingly similar to the point where one of them shouldn’t be entitled to trademark registration.

But can the TTAB’s decision have preclusive effect on courts when the same two marks become the subject of a trademark infringement claim?

The Eighth Circuit recently tackled that issue in the case of B&B Hardware, Inc. v Hargis Industries, Inc. The decision gives guidance to brand owners figuring out their approach to trademark enforcement.

Nebraska Town's Illegal Immigrant Housing Ban OK: 8th Cir. Panel

Two judges of a three-member panel of the Eighth Circuit Court of Appeals upheld Fremont, Nebraska’s housing ban on renting to illegal immigrants. The ruling flies in the face of other appellate courts who have hesitated to endorse laws that may interfere with the federal government’s authority over immigration regulation.

The decision opens the door for the town of Fremont to begin enforcing its law, and may have a butterfly effect for other cities with similar ordinances.