Search for: "8th Circuit"
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5 Oct 2021, 12:33 pm
Virginia ― solely because his impairment originated at age 20 rather than before age 18; and (2) whether the 8th Circuit erred in concluding, like other circuits but unlike numerous state courts of last resort, that notwithstanding the Supreme Court’s recent teaching concerning the Sixth Amendment’s confrontation clause, its 70-year-old decision in Williams v. [read post]
5 Oct 2021, 10:39 am
Court of Appeals for the 8th Circuit. [read post]
1 Oct 2021, 2:04 am
The post 8th Circuit Denies Relief for Female Employee Paid Less for Choosing to Do More appeared first on HR Daily Advisor. [read post]
1 Oct 2021, 2:04 am
The post 8th Circuit Denies Relief for Female Employee Paid Less for Choosing to Do More appeared first on HR Daily Advisor. [read post]
26 Sep 2021, 4:55 pm
Kae Kurd has begun an unusual defamation claim on the stand-up comedy circuit against fellow comedian, Darius Davies. [read post]
20 Sep 2021, 2:01 am
The 8th Circuit emphasized USERRA “is construed broadly and in favor of its military beneficiaries. [read post]
17 Sep 2021, 12:17 pm
Court of Appeals for the 8th Circuit reversed because of “the absence of a showing of prejudice to Morgan. [read post]
13 Sep 2021, 12:48 pm
However, given the impact of this decision on numerous employers, especially in the oil and gas industry, and the array of inconsistent decisions from other circuits on these issues in recent years (including the 1st, 2nd, 6th and 8th circuits), it appears that this case would be ripe for Supreme Court review to provide certainty and clarity regarding the “salary basis” requirements for the FLSA’s overtime pay exemptions. [1] Litz v. [read post]
13 Sep 2021, 12:48 pm
However, given the impact of this decision on numerous employers, especially in the oil and gas industry, and the array of inconsistent decisions from other circuits on these issues in recent years (including the 1st, 2nd, 6th and 8th circuits), it appears that this case would be ripe for Supreme Court review to provide certainty and clarity regarding the “salary basis” requirements for the FLSA’s overtime pay exemptions. [1] Litz v. [read post]
13 Sep 2021, 5:58 am
Reynolds, 8 F.4th 781 (8th Cir. 2021). [read post]
11 Sep 2021, 1:20 pm
Conservative will file in the 5th, 6th, 7th, 8th, and 11th Circuits. [read post]
8 Sep 2021, 12:53 pm
Indeed, both decisions on appeal before the Ohio and Delaware courts focused their analysis on the “because of” inquiry, citing the Seventh Circuit’s logic in Cincinnati Ins. [read post]
30 Aug 2021, 8:45 am
Court of Appeals for the Eighth Circuit recently affirmed a trial court's denial of class certification, concluding that (1) the plaintiffs' nationwide class action complaint alleged violations of the Minnesota Consumer Fraud Act, and thus rebuttal evidence was permitted; (2) the defendant company had evidence challenging the extent to which each plaintiff allegedly relied on the alleged omissions; and (3) individualized findings on reliance were therefore required, which would… [read post]
30 Aug 2021, 4:44 am
If there’s a piece of paper with a circuit clerk’s stamp on it that says “you must appear on X date,” you must appear on that date. [read post]
24 Aug 2021, 1:12 pm
NEBRASKA’S RETIREMENT CONTRIBUTION RULE: There is no Nebraska or 8th Circuit case exactly on point, but it appears that Nebraska follows the Good Faith rule of Johnson. [read post]
23 Aug 2021, 9:05 pm
A verbose 10th Circuit has split with the 8th Circuit over whether lying is constitutionally protected speech. [read post]
20 Aug 2021, 6:00 am
” 8th Circuit revives copyright dispute over house floor plans — Blake Brittain writes, “The 8th U.S. [read post]
17 Aug 2021, 8:26 am
Let me know via Twitter @plagiarismtoday. 1: 8th Circuit Revives Copyright Dispute Over House Floor Plans First off today, Blake Brittain at Reuters reports that the 8th Circuit Court of Appeals has reinstated a copyright infringement lawsuit against the realtors Columbia House of Brokers Realty over the alleged infringement of floor plans. [read post]
16 Aug 2021, 7:02 pm
Jones did not allege that his sentence was disproportionate or unreasonable under the 8th Amendment, and the Government conceded that the sentence could be de facto life without parole. [read post]
12 Aug 2021, 3:15 pm
[The decision raises more questions than it answers, but it does note that there is no general First Amendment exception for speech about "matters of private concern" (i.e., daily life matters unrelated to bigger ideological questions).] [read post]