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29 Apr 2021, 1:19 pm by John Elwood
Court of Appeals for the 8th Circuit’s refusal to permit Ernest Johnson, after the Supreme Court’s decision in Bucklew was issued, to amend his complaint to propose a previously-used alternative method of execution warrants summary reversal. [read post]
25 Apr 2021, 8:45 pm by James Romoser and Andrew Hamm
Court of Appeals for the 8th Circuit – relying on Roberts’ concurrence in June Medical – affirmed that ruling in January. [read post]
21 Apr 2021, 10:32 am by John Elwood
The Houston Community College System now seeks to revisit that determination, alleging that the circuits are divided about boards’ ability to censure members for their statements. [read post]
The US Court of Appeals for the Third Circuit, which heard the appeal from the Western District of Pennsylvania’s ruling, affirmed the District Court’s decision to deny a restraining order. [read post]
15 Apr 2021, 7:32 am by John Elwood
Court of Appeals for the 11th Circuit, by a 2-1 vote, held that conclusion was not unreasonable. [read post]
12 Apr 2021, 11:41 am by Daniel Miller
Court of Appeals for the Eighth Circuit recently affirmed a trial court’s dismissal of the plaintiffs' claims in consolidated cases brought under the federal Fair Debt Collection Practices Act against a debt collector law firm, after the debt collector law firm failed to meet evidentiary burdens in various collection lawsuits. [read post]
11 Apr 2021, 9:05 am by Paul Caron
Following up on my previous posts (links below): Inside Higher Ed, Appeals Court Says Iowa Administrators Are Personally Liable in Lawsuit Brought by Christian Student Group: A federal appeals court ruled Monday that University of Iowa administrators can be held personally liable and sued for damages due to their actions... [read post]
8 Apr 2021, 12:49 pm by Elizabeth
Last week, the 8th Circuit Court of Appeals handed down a ruling in a case involving a Missouri law making it... [read post]
29 Mar 2021, 11:36 am by Jon Sands
The 9th thus follows the 8th Circuit, US v. [read post]
26 Mar 2021, 9:15 am by Tony Lee
In its Order, the KCC stated that the Eighth Circuit’s decision was not binding on the KCC (Kansas is in the Tenth Circuit). [read post]
23 Mar 2021, 2:46 pm by Jason C. Gavejian and Maya Atrakchi
 circuits have generally found standing, while the 1st, 2nd, 4th, 5th, and 8th circuits have generally found no standing where a plaintiff only alleges a heightened “risk of future harm”. [read post]
23 Mar 2021, 4:05 am by Howard Friedman
University of Iowa, (8th Circuit, March 22, 2021), the U.S. 8th Circuit Court of Appeals held that the district court erred in granting qualified immunity to the individual defendants on plaintiff's free speech and expressive association claims. [read post]
20 Mar 2021, 5:51 pm by Howard Friedman
” ...Thus, the finding of a “substantial obstacle” is the common denominator between the opinions—and we should correct our previous decision by abandoning the added weighing of benefits that Chief Justice Roberts explicitly rejected.Reporting on the decision, ABA Journal points out:The decision puts the 7th Circuit at odds with the ... 8th Circuit at St. [read post]
19 Mar 2021, 4:15 am by Howard Friedman
City of Davenport, (8th Cir., March 18, 2021), the U.S. 8th Circuit Court of Appeals affirmed the denial of a preliminary injunction to a street preacher who in 2018 had been required by police to leave the Street Fest area in Davenport. [read post]