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

December 2015 Archives

FMLA Plaintiff Fails to Convince 8th Cir. of a Violation

The Eighth Circuit's Court of Appeals affirmed a lower court ruling against Hasenwinkel, a registered nurse who sued her former employer on claimed violations of the Family Medical Leave Act (FMLA).

In affirming the lower court's decision, the circuit court found that not only did Hasenwinkel's employer comply with federal law, but that it gave her three times more time than was required under the FMLA.

When the Harris News Agency applied for a federal license to sell guns, the Bureau of Alcohol, Tobacco, Firearms and Explosives denied their application on the grounds that the company's officers had willfully allowed a felon to possess firearms by letting him work as a gunsmith.

But, simply allowing a felon to work with guns isn't reason enough to deny the license, the Eighth Circuit ruled on Tuesday.

Can an Orthodontist Practice Basic Dentistry? Arkansas Must Decide

The Court of Appeals for the Eighth Circuit has remanded an orthodontist's case back to the lower federal court, which can now hear the pressing legal issue of whether or not he, as a licensed dentist, can practice as a dentist.

The case will potentially shed some light on the somewhat perplexing law that limits one of the state's professional licenses.

Home Health Providers Can Form Unions, 8th Circuit Rules

The Court of Appeals for the Eighth Circuit declined to overturn a lower district court's ruling that several thousand home care workers who assist the elderly and disabled had the right to form a union.

The decision is most likely going to add to already tense relations between home care workers and fully recognized employees who work for the public, the latter of whom arguing that the change will force some to pay union dues for a union they have no desire to join.

In 2009, Dr. Douglas Weiher, a Wisconsin dentist, started to look for a new insurance disability policy. He found it in Northwestern Mutual, but the company made him promise to cancel one of his two previous insurance policies when he signed up. A few years later, Weiher became fully disabled and sought to collect on his policies.

But, it turns out, he had never canceled the earlier policy as promised. That caused Northwestern to rescind his disability insurance, arguing that Weiher's broken promise to cancel an earlier policy was a misrepresentation. Not so, the Eighth Circuit ruled on Tuesday, finding that Northwestern hadn't shown that Weiher's over-insurance increase its risk at the time of the loss.