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

March 2016 Archives

8th Circuit Rules on Another NLRB Employee vs. Contractor Case

Few government agencies make lawyers groan more than the National Labor Relations Board, with possible exception of the IRS. This month, the Eighth Circuit decided to deny a security company's petition for review of an NRLB order against it and grant the agency's enforcement of its slap-down.

A Kansas City man who printed child porn at his local library lost a challenge to his conviction in the Eighth Circuit last week. Donald Paris was nabbed after librarians discovered him printing out emails from other child pornographers.

Those emails led to an investigation that showed he'd also printed child porn at the library and taken pornographic images of his young nephew, leading to his eventual conviction for producing child porn.

8th Cir. Affirms EPA Thumbs up to Minnesota's Anti-Pollution Plan

The Eighth Circuit refused to review and set aside the EPA's decision to approve Minnesota's plan to reduce visible emissions from five of its power plants that adversely affect the natural beauty of some of its wilderness and the national parks in that region.

The petition to overturn the EPA's decision to allow Minnesota's application of the "Transport Rule" was denied.

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.

A Vacated Conviction Can Still Get You Deported, 8th Cir. Rules

When Arturo Andrade-Zamora petitioned to have his removal from the United States canceled, the Immigration Judge who handled his case decided that despite its vacatur, Zamora should be deported back to Mexico anyway. The circuit eventually agreed with the IJ and the BIA.

NFL Players Waited Too Long to Challenge Non-Commercial Protected Videos

In yet another Lanham Act controversy, the Eighth Circuit affirmed summary judgment on multiple theories brought by disgruntled football players who claimed the NFL had violated their privacy and misled the public through their films.

In a pithily worded opinion, the court quickly detailed why the players' suit should fail.