8th Circuit (incl. bankruptcy)

The United States Court of Appeals for the Eighth Circuit sits in St. Louis Missouri. The Courthouse is the Thomas F. Eagleton United States Courthouse. In addition to the Court of Appeals, the Eighth Circuit spans over 6-US states, including: Missouri, Arkansas, Iowa, Minnesota, Nebraska, and South Dakota. Although the Eighth Circuit originally had additional states situated in the geographic-region, Congress passed legislation which broke the Circuit into 2-separate circuits, which is known as the Tenth Circuit today.

The courthouses in each state are further broken down into regions. The Eastern District court in Arkansas sits in Little Rock and Western District court is in Fort Smith. The Northern District court in Iowa is in Cedar Rapids, and Southern District is in Des Moines, IA. The District of Minnesota court sits in Minneapolis, the Eastern District court is in St. Louis (Appeals court), and Western District is in Kansas City, MO. The District of Nebraska court sits in Omaha. The Northern District court in South Dakota is in Fargo, and Southern District court is in Sioux Falls, SD.

Currently there are 11 active judges on the bench in the Eighth Circuit and 7 senior judges. The Chief Justice is Lavenski Smith, and the Circuit Justice is Neil Gorsuch. A number of precedent-setting decisions have come from the Eighth District. Frosty Treats Inc. v Sony Computer Entertainment of America, Inc. (2005) is one of those cases. In the trademark case, the court held that Frosty Treats (largest US ice cream company) was not “distinctive” or “famous enough” to receive immunity protections from being used in a violent video game.

The National Law Review covers cases such as Frosty v Sony which deal with trademarks and branding, as well as several other categories and case law. Bankruptcy proceedings, tax related cases, government actions, indemnity cases, state actions, appointments, and State and Federal agency news. The National Law Review also covers the latest news pertaining to legislation, patents, election, and general-information in the legal community.

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Jul
21
2016
 D&O Liability: Minnesota Federal Court Dismisses Derivative Lawsuit against Target’s D&Os for Data Breach
Jun
20
2022
 How Not to Waive Your Right to Arbitrate Much Shelist, P.C.
Jun
1
2013
 Common Sense Prevails Once Again: District Court False Claims Acts (FCA) Ruling Serves As Reminder That Whistleblowers Need to Prove Recklessness Too Sheppard, Mullin, Richter & Hampton LLP
Oct
23
2013
 Third Circuit Joins With the Seventh, Ninth and Eleventh Circuits in Holding That Plaintiffs Asserting 1933 Act Claims Need Not Plead Compliance With the Statute of Limitations, Splitting With the First, Eighth and Tenth Circuits Sheppard, Mullin, Richter & Hampton LLP
Jan
10
2019
 U.S. Supreme Court Rejects ‘Wholly Groundless’ Exception to Delegation Clauses in Arbitration Agreements Sheppard, Mullin, Richter & Hampton LLP
Jun
12
2013
 New Federal Communications Commission ("FCC") Interpretation Of "Express Consent" To Increase Telephone Consumer Protection Act (TCPA) Class Action Liability Sheppard, Mullin, Richter & Hampton LLP
Jul
29
2022
 Eighth Circuit: In False Claims Act Cases Based On Kickback Violations, the Kickback Violation Must Be the “But For” Cause of the Items and Services Subject to the Claim Sheppard, Mullin, Richter & Hampton LLP
May
9
2022
 Void vs. Voidable: The Distinction That Can Make or Break a Tortious Interference Claim in Light of the Great Resignation Sheppard, Mullin, Richter & Hampton LLP
May
7
2016
 Eighth Circuit Reverses District Court for Ignoring Price-Impact Evidence That Rebutted the Fraud-on-the-Market Presumption and Defeated Class Certification Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2023
 Federal Jury: Trade Association and Real Estate Brokerages Conspired to Inflate Commissions, $1.8B in Damages to Plaintiffs Sheppard, Mullin, Richter & Hampton LLP
Apr
12
2024
 States Sue the Biden Administration to Stop Loan Relief Plan Sheppard, Mullin, Richter & Hampton LLP
Aug
30
2009
 What Is the Jurisdictional Pre-Requisite for Copyright Litigation?: Do Denim v. Fried Denim Sheppard, Mullin, Richter & Hampton LLP
Aug
28
2013
 Eighth Circuit Applies Negligence Standard to Securities and Exchange Commission (SEC) Enforcement Claims for Violations of Section 14(a) and Rules 14a-9, 13b2-1 and 13b2-2 Sheppard, Mullin, Richter & Hampton LLP
May
5
2021
 Eighth Circuit Holds Rule 23(b)(3)’s Predominance Requirement Not Met in Securities Fraud Action Against Brokerage Firm Sheppard, Mullin, Richter & Hampton LLP
Jul
8
2019
 Cross-Plan Offsetting in the Balance: UnitedHealth Group, Inc. Petitions the Supreme Court to Allow Cross-Plan Offsetting; Response to be Filed on or before July 31, 2019 Sheppard, Mullin, Richter & Hampton LLP
May
28
2012
 Recent Case Emphasizes Importance of Fiduciary Decision-Making Process Poyner Spruill LLP
Aug
10
2013
 Will Obesity Claims Be the Next Wave of Americans with Disabilities Act (ADA) Litigation? Poyner Spruill LLP
Dec
1
2014
 Eighth Circuit Finds Guarantors Not Afforded Protections under the Equal Credit Opportunity Act Poyner Spruill LLP
Apr
12
2022
 Eighth Circuit Finds Text Messaging System did not Violate Telephone Consumer Protection Act Dinsmore & Shohl LLP
Aug
13
2012
 The Eighth Circuit holds that stipulations filed contemporaneously with a complaint limiting damages to an amount below CAFA’s jurisdictional threshold may be used to defeat CAFA jurisdiction Dinsmore & Shohl LLP
Aug
14
2012
 Eighth Circuit affirms denial of remand in a case where the plaintiff attempted to challenge the court’s CAFA jurisdiction based on an amended complaint filed after removal Dinsmore & Shohl LLP
Aug
11
2012
 An Arkansas District Court Holds That a Stipulation as to the Amount in Controversy Contained in the Body of the Complaint is Sufficient to Defeat CAFA Jurisdiction Dinsmore & Shohl LLP
Jun
1
2010
 Use of Nonconformity with Sexual Stereotypes as Basis for Employment Decision can Land Employers in Court Butler, Snow, O'Mara, Stevens & Cannada PLLC
Sep
29
2018
 Let it Burn: Court Does Not Believe Defendant Intentionally Destroyed Records to Avoid Identification of Potential Plaintiffs in FCRA Class Action Womble Bond Dickinson (US) LLP
Oct
10
2018
 Eighth Circuit Examines Impact of Consent on Injury in Fact: Auer v. Trans Union, LLC Womble Bond Dickinson (US) LLP
Jul
16
2019
 Groundbreaking: Eighth Circuit Confirms TCPA Statutory Damages Were Unconstitutional Womble Bond Dickinson (US) LLP
May
12
2020
 TCPA Developments on Definition of ATDS Continue Full Steam in Midst of Global Pandemic Womble Bond Dickinson (US) LLP
Feb
14
2020
 Court in W.D. Missouri Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers Womble Bond Dickinson (US) LLP
Sep
7
2021
 Company Using Predictive Dialer Prevails in Post-Facebook Decision Womble Bond Dickinson (US) LLP
Dec
7
2018
 HireRight granted summary judgment on claim that attempted murder conviction was wrongly reported Womble Bond Dickinson (US) LLP
Aug
7
2018
 Out of the Frying Pan?: Eighth Circuit Agrees that TCPA Violation Did not Cause Article III Harm But Reverses Dismissal in Favor of Remand to State Court Womble Bond Dickinson (US) LLP
Jun
9
2020
 Chief Judge Refuses to Dismiss TCPA Class Action Against Donald Trump Campaign Womble Bond Dickinson (US) LLP
May
30
2017
 It’s a Federal Question: Can Defendants Remove Under the Grable Doctrine? ArentFox Schiff LLP
Dec
22
2015
 Supreme Court to Decide Split on Whether Army Corps Wetland Jurisdictional Determination is Final Agency Action ArentFox Schiff LLP
Jun
7
2016
 Eighth Circuit Rejects Class Certification in Environmental Contamination Case ArentFox Schiff LLP
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