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2 Apr 2016, 5:43 am by Sam Turco
The 8th Circuit applied a three-prong test to determine when judicial estoppel applies. [read post]
11 Jul 2015, 9:12 pm by Sam Turco
CP Medical LLC, the 8th Circuit BAP has ruled that no FDCPA violation occurs by merely filing a claim on a time-barred debt. [read post]
30 Aug 2011, 9:07 pm by Cathy Moran, Esq.
A debtor’s right to strip off a wholly unsecured lien is not dependent on the debtor’s eligibility for a discharge, says the 8th Circuit BAP. [read post]
27 Nov 2023, 6:49 am by Daniel Miller
Court of Appeals for the Eighth Circuit recently upheld the dismissal of a putative class action challenging an advertised discount as supposedly deceptive. [read post]
1 May 2012, 3:12 am by SHG
In a decision that only a legal apologist or circuit judge could love, the 8th Circuit in U.S. v. [read post]
19 Jan 2011, 9:03 pm by Ken Lammers
They should be merged and also have a couple counties from the proposed 8th added in. [read post]
13 Oct 2011, 6:44 am by Stanley D. Baum
., No. 10-2850 (8th Cir. 2011), the sole question for the Eighth Circuit Court of Appeals (the "Court") was whether Sun Life, the insurer and plan administrator of an employer sponsored long-term disability ("LTD") benefits plan (the "Plan"), may offset the LTD benefits paid by the Plan to the plaintiff, James Riley ("Riley"), by the amount that Riley receives in Department of Veterans Affairs ("VA") benefits. [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]
9 Nov 2021, 1:29 pm by Kirsten B. Mooney
Louis-based 8th Circuit Court of Appeals to enter a similar order “to avoid any confusion and secure full protection of rights. [read post]
8 Apr 2009, 8:32 am
Court of Appeals for the 8th Circuit dealt a blow to Ameriprise Financial. [read post]
17 May 2017, 8:23 pm by Aurora Barnes
Courts of Appeals for the 5th, 7th, 8th, 9th, 10th and 11th Circuits – that a plaintiff seeking the remand of a class action, in which class membership is not limited to forum-state citizens, need not present any evidence that greater than two thirds of proposed class members are such citizens; and (2) whether the 6th Circuit correctly held – consistent with the 9th Circuit, but in conflict with the 5th, 10th and 11th Circuits – that a… [read post]
6 Mar 2012, 6:00 am by Nicholas J. Wagoner
" 8th Circuit On Brief: "Devoted to appellate litigation, with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the United States Court of Appeals for the Eighth Circuit. [read post]
10 May 2011, 4:34 am by Broc Romanek
Whistleblower Laws in Court On May 3rd, as noted in this memo, the 9th Circuit Court of Appeals held that the whistleblower law in Section 806 of Sarbanes-Oxley do not protect leaks to the media in Tides v. [read post]
15 Oct 2019, 2:42 pm by Howard Wasserman
It contains only two federal court of appeals judges--Jane Kelly (8th Circuit, a short-lister for the Garland nomination), and Cornelia Pillar (D.C. [read post]