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24 Jul 2019, 5:55 am
For example, in addition to the interpretations discussed above, the 8th Circuit noted that, “unlike some other insurance contracts, the contract in this case has no reimbursement language separate from the subrogation provisions. [read post]
22 Jul 2019, 7:47 am
Court of Appeals for the Eighth Circuit recently affirmed a trial court’s order canceling a lis pendens, finding that the description of the property at issue in the lis pendens was imprecise and did not connect to any particular request for equitable relief… Patrick Kane [read post]
17 Jul 2019, 4:00 am
According to the 5th Circuit Court of Appeal, the answer is yes. [read post]
16 Jul 2019, 8:15 pm
“8th Circ. [read post]
16 Jul 2019, 9:03 am
Rushing, 898 F.2d 672, 675 (8th Cir. 1990) (“Nothing in the wording of Public Law 280 or its legislative history precludes concurrent tribal authority. [read post]
16 Jul 2019, 2:25 am
The 1st Circuit held in 2018 that the defendants bear the burden of showing loss causation in ERISA fiduciary breach cases, an opinion shared by the 4th, 5th, and 8th circuits (Brotherston v. [read post]
15 Jul 2019, 5:01 am
Pickard, 733 F.3d 1297, 1302 n.4 (10th Cir. 2013), but the body of precedents from other circuits—indeed, the view of every circuit that has passed judgment on the question—counsels in favor of recognizing such a right. [read post]
29 Jun 2019, 8:29 am
Unlike the Ninth Circuit, where merely seeing a purported ADA violation is enough to give rise to standing, courts in the Eighth Circuit require that plaintiffs prove an injury more substantial than feeling bad. [read post]
26 Jun 2019, 7:32 am
William Fletcher of the Ninth Circuit Court of Appeals; and Hon. [read post]
25 Jun 2019, 1:38 pm
Court of Appeals for the 8th Circuit erred in holding—consistent with decisions of the U.S. [read post]
24 Jun 2019, 4:48 pm
Court of Appeals for the 8th Circuit’s decision below, which was based on longstanding precedent from the U.S. [read post]
24 Jun 2019, 1:42 pm
Court of Appeals for the 8th Circuit ruled for the newspaper, applying the “substantial competitive harm” test developed decade ago by the U.S. [read post]
24 Jun 2019, 7:09 am
Court of Appeals for the Eighth Circuit recently upheld the dismissal of an alleged data breach victim’s allegations under the Illinois Consumer Fraud and Deceptive Business Practices Act, the Illinois Personal Information Protection Act, and the Illinois Uniform Deceptive Trade Practices Act, as… Christopher P. [read post]
20 Jun 2019, 8:05 am
Silverman, 338 F.3d 886, 897 (8th Cir. 2003). [read post]
17 Jun 2019, 2:09 pm
Corp., 852 F.3d 732 (8th Cir. 2017). [5] See Spec’s Family Partners Ltd. v. [read post]
13 Jun 2019, 8:26 pm
“Lawyer Takes Fight Against State Bar Dues to 8th Circuit”: Dionne Cordell-Whitney of Courthouse News Service has this report on an oral argument (access the audio via this link) that the U.S. [read post]
11 Jun 2019, 4:00 am
In the case, the U.S. 8th Circuit Court of Appeals in interesting opinions rejected a constitutional challenge to the placement of the motto "In God We Trust" on U.S. coins and currency. [read post]
10 Jun 2019, 1:48 pm
Bramer, 832 F.3d 908 (8th Cir. 2016). [read post]
8 Jun 2019, 5:47 pm
And Max Brantley of Arkansas Times reports that “8th Circuit allows suit by man arrested for cursing trooper. [read post]
7 Jun 2019, 10:35 am
Courts of Appeals for the 4th, 8th, and 11th Circuits and Arkansas, Kentucky, Louisiana, Nebraska and Virginia hold—and further, even if, as the U.S. [read post]