Search for: "United States Court of Appeals, Eighth Circuit" Results 461 - 480 of 2,171
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22 Jul 2015, 9:46 am by Lebowitz & Mzhen
Earlier this month, the Eighth Circuit Court of Appeals decided a case that discussed the presumption of negligence that arises when one driver rear-ends another driver in the context of a personal injury suit. [read post]
22 May 2012, 8:16 pm by John Fossum
Fossum is admitted to practice in state and federal courts in Minnesota, the United States Court of Appeals for the Eighth Circuit, the United States Supreme Court, the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Tribunal for Lebanon. [read post]
16 Feb 2008, 9:52 am
While the Eighth Circuit Court of Appeals in similar cases allowed very brief "deminimis" detentions after completed traffic stops (See eg US v Alexander 05-3378 (2006) {four minutes was a de minimis detention}), the Nebraska Supreme Court holds that the United States Supreme Court ruling in Illinois v Caballes requires "reasonable suspicion" to detain suspects as soon as the traffic stop concludes. [read post]
The United States Court of Appeals for the Eighth Circuit (the “Eighth Circuit”) found that under the Class Action Fairness Act of 2005’s (“CAFA”) local-controversy exception citizenship can be ascertained either through irrefutable evidence, or through class definition before removal. [read post]
4 Jan 2008, 3:05 pm
United States: Whether a federal circuit court may sua sponte increase a defendant's sentence in the absence of a cross-appeal by the government. [read post]
13 Sep 2011, 1:26 pm by John Lewis
Court of Appeals for the Eighth Circuit, (Sept. 6, 2011), Mack Green and the other plaintiffs (collectively “Green”) brought suit, originally in Minnesota state court, raising violations of the Minnesota Fair Labor Standards Act based upon SuperShuttle’s alleged misclassification of its drivers as franchisees rather than employees. [read post]
14 Jun 2014, 11:22 am by The Law Office of Philip D. Cave
Eighth Circuit reviews whether a challenged evidence ruling by the trial court was properly preserved for appeal under FRE 103(b); the issue turned on whether the trial court’s ruling was “tentative” or “definitive”; the objecting party holds the burden to clarify the nature of the ruling, in United States v. [read post]
1 Apr 2014, 10:59 am by Peter J. Dugan
On March 21, 2014, the United States Court of Appeals for the Eleventh Circuit joined a growing number of federal Courts of Appeals to reject arguments that class waivers contained in arbitration agreements should not be enforced in the employment context. [read post]
24 Jun 2008, 7:29 pm
United States, the Supreme Court held that because the government had neither appealed nor cross-appealed, the Eighth Circuit erred in vacating Michael Greenlaw's thirty-seven-year sentence and imposing a fifty-two-year sentence based on a sentencing error by the district court. [read post]
14 Jun 2011, 12:49 pm by Michael O'Hear
Earlier this week, the United States Supreme Court granted certiorari in Gonzalez v. [read post]
16 Dec 2019, 5:56 pm by Bryn Miller
MARTIN SAN FRANCISCO, December 16 – Today, the United States Supreme Court declined to review City of Boise v. [read post]
1 Sep 2018, 8:05 am by Marcia Shein
The Supreme Court of the United States has consistently upheld its holding from the 1986 Ford v. [read post]
1 Feb 2008, 10:04 am
A somewhat amusing set of facts leads to an Eighth Circuit opinion today addressing a very interesting set of legal issues in US v. [read post]