The Association of the Bar of the United States Court of Appeals for the Eighth Circuit News

Winter 2025 Newsletter

Michael Goodwin — Tue, 14 Jan 2025 14:49:48 GMT

Read the Winter 2025 edition of the Eighth Circuit Bar Association newsletter here.

Spring 2024 Newsletter

Michael Goodwin — Fri, 03 May 2024 18:25:25 GMT

The Spring 2024 newsletter is available here. Read remembrances of Judge William Riley by friends, family, and colleagues. Also find out more about the Justice and Democracy Center in the District of Minnesota and meet the Eighth Circuit Bar Association's new board members.

Fall 2023 Newsletter

Michael Goodwin — Fri, 17 Nov 2023 19:09:45 GMT

The Fall 2023 newsletter is available here. Read all about the Eighth Circuit Judicial Conference. Founding President Eric Magnuson also reflects on the experience of starting the Eighth Circuit Bar Association in 2002.

Winter 2023 newsletter is out!

Michael Goodwin — Fri, 21 Apr 2023 13:42:49 GMT

The Eighth Circuit Bar Association Newsletter is available here. Meet the new board members and see the winning entries in the Bill of Rights Day student contest, including the Bill of Rights Rap.

Fall 2022 newsletter now available

Michael Goodwin — Wed, 30 Nov 2022 16:50:29 GMT

The Fall 2022 Newsletter is available here. Read all about Eighth Circuit cases at SCOTUS, recent circuit decisions on appellate jurisdiction, and the court's new BriefQC tool.

Apply to serve on the Association Board of Directors!

Michael Goodwin — Tue, 11 Oct 2022 21:33:33 GMT

Apply to serve on the Eighth Circuit Bar Association Board of Directors – applications needed for representatives from the District of Nebraska, Eastern District of Missouri, Western District of Arkansas, District of North Dakota, and the Southern District of Iowa, plus for certain officer positions

Calling all applicants! The Eighth Circuit Bar Association is seeking applicants for upcoming openings on its Board of Directors, including from the District of Nebraska, Eastern District of Missouri, Western District of Arkansas, the District of North Dakota, the Southern District of Iowa, and an at-large position. Directors will be elected for three-year terms starting in January 2023.

The Board is also seeking applications to serve open officer positions, which include President-Elect and Secretary.

The Board consists of one member from each judicial district in the Eighth Circuit as well as five at-large members. Members of the Board of Directors are expected to attend monthly meetings and also serve on one or more committees.

Any member of the Association is eligible for election to the board of directors. The board is seeking members with diverse backgrounds to serve on the board, including candidates reflecting diversity in gender, race, ethnic background, and professional experience.

To apply, members should fill out an application form, which is available here.

To be considered for these openings, applicants are advised to apply on or before December 1, 2022. Directors must be active members of the Association (i.e., be current in their dues) to be considered.

Spring 2022 Newsletter

Michael Goodwin — Fri, 01 Jul 2022 01:21:45 GMT

The Spring 2022 newsletter is available here. Read all about extraordinary writs, the Jury Instruction Builder, and insights and reflections from the recently retired chief deputy clerk.

Winter 2022 Newsletter is out!

Michael Goodwin — Thu, 03 Mar 2022 01:23:24 GMT

Click here for the Winter 2022 newsletter and read all about the recipients of the Richard S. Arnold Awards and amendments to the local rules.

Apply to be on the Eighth Circuit Bar Association Board of Directors!

Michael Goodwin — Wed, 08 Sep 2021 01:00:17 GMT

Application form is available here.

New bylaws available

Michael Goodwin — Wed, 30 Jun 2021 23:07:11 GMT

New bylaws are available here.

Spring 2021 Newsletter is out!

Michael Goodwin — Wed, 30 Jun 2021 22:53:19 GMT

The Spring 2021 issue of the Newsletter is available here! This issue includes tributes to Judge Kermit Bye and Judge Laurie Smith Camp as well as tips for the record on appeal.

Want to write for the Eighth Circuit Bar Association Newsletter?

Michael Goodwin — Sun, 28 Feb 2021 22:15:39 GMT

The Newsletter strives to publish articles that are interesting and useful to appellate judges and practitioners. Substantive articles should generally focus on appellate rules, jurisdiction, procedure in the Federal Courts of Appeals, particularly within the Eighth Circuit. The Newsletter also welcomes articles about practitioners and judges within the geographic area of the Eighth Circuit.

Want more info? Take a look at the Guidelines for Writers.

Learn more about remote advocacy in the Winter 2021 Newsletter

Michael Goodwin — Thu, 25 Feb 2021 01:28:22 GMT

Check out the Winter 2021 issue of the newsletter for insights on remote advocacy and pleading state punitive damages in federal court.

The Fall 2020 Newsletter is here!

Michael Goodwin — Tue, 03 Nov 2020 03:31:05 GMT

Check out the Fall 2020 Newsletter, which features a tribute to Justice Ruth Bader Ginsburg, tips from the clerk, a review of Eighth Circuit cases at SCOTUS, and more!

New 5-Part Webcast Series on Appellate Practice in the Eighth Circuit!

Michael Goodwin — Mon, 14 Sep 2020 17:40:42 GMT

Minnesota CLE and the Eighth Circuit Bar Association are excited to present a series of 5 all-new webcasts designed to serve as a companion to Minnesota CLE’s Eighth Circuit Appellate Practice Manual. During the month of October, join 17 of the Manual’s esteemed editors and authors as they discuss important recent developments in Eighth Circuit Appellate Practice. You will also receive complimentary access to the electronic version of the Eighth Circuit Appellate Practice Manual. Do not miss this incredible value! For more information and to register for this webcast series, please go to the Minnesota CLE website.

Summer 2020 Newsletter!

Michael Goodwin — Mon, 14 Sep 2020 15:23:39 GMT

The Summer 2020 Edition of the Newsletter is out! This issue contains an interview with Judge Jonathan Kobes; an article by Professor Kristi Andersen, author of After Suffrage: Women in Partisan and Electoral Politics Before the New Deal; and news about an exciting webcast series on Eighth Circuit practice sponsored by Minnesota CLE and the Eighth Circuit Bar Association.

Spring 2020 Newsletter Released

Benjamin Wilson — Wed, 08 Apr 2020 18:49:24 GMT

The Eighth Circuit Bar Association is pleased to release our Spring 2020 Newsletter (available here). Feature articles include:

Review of the Eighth Circuit During the Supreme Court’s 2018 Term
- Timothy J. Droske

Minneapolis Federal Courthouse Named in Honor of Judge Diana E. Murphy, and October 16, 2019, Declared “Diana E. Murphy Day” in the State of Minnesota
- Kyle Wislocky

Proposed Amendments to the Federal Rules of Appellate Procedure Seek to Overturn Eighth Circuit Case Law
- Benjamin Wilson

When the Phone Becomes the Podium: Five Tips for Handling An Eighth Circuit Argument During A Pandemic
- Qian Julie Wang and Ryan Marth

We hope you enjoy the issue!

Co-sponsored CLE in St. Louis on February 27, 2020

Landon Magnusson — Tue, 18 Feb 2020 15:54:52 GMT

The Eighth Circuit Bar Association is co-sponsoring a CLE with the Federal Bar Association and The Federalist Society on February 27, 2020 in the en banc courtroom at the Eagleton Courthouse in St. Louis, MO. A flyer with information on the CLE will be sent out shortly.

8th Circuit Judges featured in Arkansas Symposium this Month

Landon Magnusson — Mon, 11 Mar 2019 17:14:49 GMT

The Pulaski County Bar Foundation is excited to host to the 2019 Justice Donald L. Corbin Appellate Symposium. Featured panelists include a distinguished group of speakers, including Eighth Circuit Chief Judge Lavenski Smith, Judge Duane Benton, and Judge Ralph Erickson. Other panelists will include judges from sister federal circuits, state court appellate judges, and a former state solicitor general. The panelists will discuss recent appellate developments, as well as issues related to appellate practice.

The Symposium takes place from March 28th – March 29th, 2019, at the University of Arkansas School of Law. The panels will be located in the school’s E.J. Ball Courtroom. For registration information and a detailed schedule of events, please go here. This two-day event has been approved for 12 CLE hours (including 1 Ethics hour). Registration funds will endow scholarships to law students in Arkansas, as well as encourage the training and education of appellate advocacy.

CLE in Kansas City!

Landon Magnusson — Mon, 28 Jan 2019 20:22:47 GMT

This is a unique program done in conjunction with the Kansas City Metropolitan Bar Association's Appellate Practice Committee. For the first time, a panel of Eighth Circuit judges takes a break from the twice-yearly docket in Kansas City and participates in a CLE program about appellate advocacy, legal writing, oral argument, their Court’s internal operating procedures, and similar topics.

The panel is also unique as each of the three judges (Smith, Benton, and Stras) previously sat on the Supreme Courts for their respective states of Arkansas, Missouri, and Minnesota. The panel will note the differences in federal and state appeals, specifically the differences in state and federal rules, and standards of review. Judge Stras clerked for Justice Thomas on the United States Supreme Court, which enables him to provide insights into its practice. In sum, the program will cover many points that will enable attorneys to maximize their effectiveness.

IMPORTANT INFO:
DATE: Wednesday, February 13, 2019
TIME: 3 p.m. (check-in) - 4:05 p.m. (with networking reception to follow)
COST: Free for 8th Circuit Bar Association Members
PRE-REGISTER AT kcmba.org or here.
CLE credit will be offered for Missouri and Kansas.

FBA CLE with Judge Jane Kelly

Landon Magnusson — Mon, 28 Jan 2019 20:14:59 GMT

On Tuesday, February 12, 2019, The Honorable Jane L. Kelly, Eighth Circuit Judge, will host a lunch and present on the topic: "A Conversation on Federal Appellate Advocacy," from 1 - 2 p.m. CST.

The event will be held at the St. Paul Federal Courthouse, Jury Assembly Room. The address is 316 North Robert Street, 1st Floor, St. Paul MN 55101.

This event is put on and hosted by the New Lawyers Committee of the Federal Bar Association's Minnesota Chapter.

Winter 2018 Newsletter Now Available

Benjamin Wilson — Tue, 18 Dec 2018 20:30:56 GMT

The Eighth Circuit Bar Association is pleased to release our Winter 2018 Newsletter (available here). Feature articles include:

A Clerk’s Tribute to Eighth Circuit Judge Diana E. Murphy
- Beth Forsythe

A Limerick for Judge Diana Murphy
- Jeffrey Justman

Judicial Conference Notes: Competing Approaches to Constitutional Interpretation
- Heidi Doerhoff Vollet

Portrait Unveiling for Judge Roger L. Wollman
- Neal F. Perryman and Michael L. Jente

Miles Lord: The Maverick Judge Who Brought Corporate America to Justice
- Reviewed by Lacy Rakestraw

The Richard S. Arnold Awards for Distinguished Service
- Eighth Circuit Bar Association

Review of the Eighth Circuit During the Supreme Court’s 2017 Term
- Timothy J. Droske

We hope you enjoy the issue!

Spring 2018 Newsletter Now Available

Benjamin Wilson — Sun, 08 Apr 2018 14:54:11 GMT

The Eighth Circuit Bar Association's Spring 2018 Newsletter is now available! Members can download it from our website here (see March 2018).

Feature articles in this issue include:

President’s Note – John M. Baker
Judge Ralph Erickson Encourages Lawyers to Be Brief, Clear in Their Advocacy – Ryan W. Marth
Judge Robert Van Pelt Is Remembered as His Grandson Is Married in the Courtroom Where the Judge Once Presided – Judge Richard Kopf
On the (Cleaned up) Wave – Kelvin D. Collado
The Honorable Roger L. Wollman Announces He Will Take Senior Status – Melissa C. Hinton
Update on the Eighth Circuit Judicial Conference
Announcements

We hope you enjoy these great articles.

Comments and suggestions for future articles are always welcome. Please send them to Benjamin Wilson at bjw@heplerbroom.com.

First Annual 2018 Justice Donald L. Corbin Appellate Symposium

Benjamin Wilson — Fri, 23 Mar 2018 16:34:23 GMT

From March 29th – 30th, 2018, the Pulaski County Bar Foundation is presenting the first annual Justice Donald L. Corbin Appellate Symposium.

The organizers have assembled an outstanding group of speakers, including Eighth Circuit Chief Judge Lavenski Smith, Judge Morris S. “Buzz” Arnold, and Judge Bobby E. Shepherd. The symposium will also feature judges from the Sixth, Ninth, and Eleventh Circuits.

The Eighth Circuit Bar Association is sponsoring a reception on Thursday, March 29, at the President Clinton Center.

For program and registration details, please visit www.pulaskibar.com/2018-symposium. The program has been approved for 12 CLE hours, including 3.0 ethics hours. The symposium will be held at UA Little Rock Bowen School of Law in Little Rock, Arkansas.

If you have any questions, email Board member Kevin Crass at crass[at]fridayfirm[dot]com.

Winter 2017 Newsletter Published

Benjamin Wilson — Thu, 28 Dec 2017 23:01:20 GMT

We are pleased to announce the Eighth Circuit Bar Association's latest Newsletter is now available. Members may download the Newsletter in the Information for Members section of this website.

Summer 2017 Newsletter Published

Benjamin Wilson — Mon, 04 Sep 2017 21:44:35 GMT

We are pleased to announce the Eighth Circuit Bar Association's latest Newsletter is now available. Click here to download.

Feature articles include:

The Hon. William Jay Riley Retires From the Eighth Circuit Court of Appeals, by Kari Scheer
Trump Administration Has Three Vacancies to Fill on the Eighth Circuit, by Rox Laird
Appeals Courts: Reports of the Comma’s Demise Are Greatly Exaggerated, by Ryan Marth and Steve Safranski
News & Announcements
Tips of the Month

We hope you enjoy the latest issue!

Have an idea for an article that may interest our members? Please send it to Ben Wilson at bjw@heplerbroom.com.

Spring 2017 Newsletter Published

Benjamin Wilson — Wed, 17 May 2017 14:26:19 GMT

The Eighth Circuit Bar Association's latest Newsletter is now available online. Members may download the Newsletter in the Information for Members section of this website.

Feature articles in this issue include:

President’s Note
– Brian C. Walsh

The Honorable Myron H. Bright, “Champion of Equality,” Dies at Age 97
– Stacey Tjon Bossart and Jesse D. Mondry

Tips of the Month

Northern District of Iowa Honors Judge Linda R. Reade
– Kate Jones

The Unreasonable Effectiveness of Social Media
– Benjamin Wilson

News & Announcements

Your comments and suggestions for future issues of the Newsletter are always welcome. Please send them to benjamin.wilson@heplerbroom.com. Enjoy!

BJW

Fall 2016 Newsletter Published

Benjamin Wilson — Wed, 26 Oct 2016 20:06:37 GMT

The Fall Issue of the Eighth Circuit Bar Association Newsletter is now available.

Feature articles include---

Fiftieth Anniversary of Judge Lay’s Appointment to the Eighth Circuit
– Thomas H. Boyd
The Judicial Learning Center: Award Winning, Innovative Outreach
– Glenn E. Davis
Jennifer Klemetsrud Puhl Appointed to Eighth Circuit by President Obama
– Stacey E. Tjon Bossart
Proportionality and Rule 26(b)(1): An Impactful Change, or a Mere Shifting of Words?
– Michael E. Harriss
Pierce v. Pemiscot Memorial Health Systems
– John M. Baker
Review of the Eighth Circuit During the Supreme Court’s 2015 Term
– Timothy J. Droske
125th Anniversary of the U.S. Court of Appeals
– Joan Voelker

We thank all our authors for their outstanding submissions. Readers are welcome to contact me with comments and suggestions. Enjoy!

Benjamin Wilson
Editor, Eighth Circuit Bar Association Newsletter
benjamin.wilson@heplerbroom.com

Summer 2016 Newsletter published

Thu, 30 Jun 2016 15:16:09 GMT

Check out what's going on around the Circuit in the Eighth Circuit Bar Association Newsletter! Feature articles in this issue include---

Trial on the 16th Street Baptist Church Bombing
  - Kari Scheer
A Conversation with Chief Justice Roberts
  - Heidi Doerhoff Vollet
Eighth Circuit Historical Society Board Meeting and Workshop
  - Thomas H. Boyd
Richard S. Arnold Distinguished Service Award Presented to Ten Deserving Recipients at Eighth Circuit Judicial Conference
  - Dana L. Oxley
On Judge Richard S. Arnold
  - James D. Leach

We hope you enjoy! Your comments and suggestions are welcome. Please send to Benjamin.Wilson@heplerbroom.com

Eighth Circuit Update

Fri, 10 Jun 2016 17:50:47 GMT

Eighth Circuit Update

A Member Benefit of the Association of the Bar of the United States Court of Appeals for the Eighth Circuit

Issue No. 9

June, 2016

En Banc Watch

There were no en banc cases of note this month.

Eighth Circuit Cases in Washington

Decided

CRST Van Expedited, Inc. v. EEOC, No. 14-1375: vacated and remanded May 19, 2016; defendant may be prevailing party entitled to recover attorneys’ fees from EEOC even if case is not decided on the merits; alternative arguments in opposition to fee award may be addressed on remand
United States Army Corps of Engineers v. Hawkes Co., No. 15-290: affirmed May 31, 2016; approved jurisdictional determination that property includes “waters of the United States” is final agency action subject to judicial review under Administrative Procedure Act

Pending

Trinity Lutheran Church of Columbia, Inc. v. Pauley, No. 15-577 (permissibility under First Amendment and Equal Protection Clause of exclusion of church from secular grant program): in briefing stage
Mathis v. United States, No. 15-6092 (qualification of predicate conviction under Armed Career Criminal Act): argued Apr. 26, 2016

Selected Cases Set for Argument

Pharmaceutical Care Management Association v. Gerhart, No. 15-3292 (ERISA and Commerce Clause challenges to Iowa statute regulating payments by pharmacy benefit managers to pharmacies): set for argument June 14, 2016 in St. Paul before Judges Murphy, Shepherd, and Perry
Pierce v. Moore, No. 15-1964 (standard for determining waiver of constitutional rights in context of involuntary commitment): set for argument June 15, 2016 in St. Louis before Judges Smith, Gruender, and Ketchmark
Mays v. Board of Education of Hamburg School District, No. 15-2915 (modification of 1991 consent decree in case alleging race discrimination in school district): set for argument June 16, 2016 in St. Louis before Judges Smith, Gruender, and Benton
Thomas v. Board of Trustees of Nebraska State Colleges, No. 15-2972 (Title IX case arising from apparent abduction and murder of decedent by fellow student): set for argument June 16, 2016 in St. Paul before Judges Murphy, Bright, and Shepherd

Recent Oral Arguments of Interest

Millennium Operations Inc. v. SuperValu, Inc , No. 15-1786, argued May 17, 2016, in St. Paul

Two wholesalers in the grocery business have been sued by retailers for alleged violations of antitrust laws through conspiratorial agreements. (This suit has generated multiple appeals to the Eighth Circuit.) In this appeal the two wholesaler-defendants appeal from a district court’s refusal to enforce arbitration agreements signed by two plaintiffs because those arbitration agreements were later assigned by those defendants. The central question, as framed by Chief Judge Riley, is whether these defendants possess rights under the arbitration agreement after the agreement was assigned away. Appellants argue that the presumption in favor of arbitration should govern, and entitles them to enforce rights to compel arbitration notwithstanding the assignment, particularly where the case involves alleged antitrust violations that predate the assignment. There are three relevant arbitration agreements involved, some more broadly-written than others.

The case was argued before Judges Riley, Colloton, and Kelly.

Here is a link to the streaming audio version of the argument: http://media-oa.ca8.uscourts.gov/OAaudio/2016/5/151786.mp3

It may also be downloaded from this link: ftp://media-oa.ca8.uscourts.gov/OAaudio/2016/5/151786.mp3

Eighth Circuit Bar Association Information

The Association’s membership year runs from July 1 through June 30. Online renewal is available at www.eighthcircuitbar.com.

Editors: Vince Chadick, Quattlebaum, Grooms & Tull, PLLC, Springdale, Ark.

Katie Walsh, Office of the Missouri Attorney General, St. Louis, Mo.

Contributors: John Baker, Greene Espel PLLP, Minneapolis, Minn.

Landon Magnusson, Lathrop & Gage LLP, Kansas City, Mo.

Brian Walsh, Bryan Cave LLP, St. Louis, Mo.

Cases discussed in this Update may involve officers or directors of the Eighth Circuit Bar Association, editors or contributors to this Update, or their colleagues.

Eighth Circuit Update

Mon, 01 Feb 2016 15:59:39 GMT

A Member Benefit of the Association of the Bar of the United States Court of Appeals for the Eighth Circuit

Issue No. 5
February, 2016

En Banc Watch

There were no en banc cases of note this month.

Eighth Circuit Cases in Washington

Hawkins v. Community Bank of Raymore, No. 14-520 (status of spousal guarantor under Equal Credit Opportunity Act): argued Oct. 5, 2015
Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (use of statistical techniques in class certification under Fair Labor Standards Act; certification of class that includes persons who were not injured): argued Nov. 10, 2015
Nebraska v. Parker, No. 14-1406 (boundaries of Omaha Indian Reservation): argued Jan. 20, 2016
CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (right of defendant to attorneys’ fees if Title VII case brought by EEOC is dismissed): in briefing stage; set for argument Mar. 28, 2016
United States Army Corps of Engineers v. Hawkes Co., No. 15-290 (availability of judicial review of determination under Clean Water Act that property includes “waters of the United States”): in briefing stage; set for argument Mar. 30, 2016
Trinity Lutheran Church of Columbia, Inc. v. Pauley, No. 15-577 (permissibility under First Amendment and Equal Protection Clause of exclusion of church from secular grant program): certiorari granted Jan. 15, 2016
Mathis v. United States, No. 15-6092 (qualification of predicate conviction under Armed Career Criminal Act): certiorari granted Jan. 19, 2016

Selected Cases Set for Argument

United States v. Federal Public Defender, No. 15-3199 (government’s ability to discover communications between defendant and public defender in connection with prior prosecution): set for argument Feb. 9, 2016 in St. Paul before Judges Smith, Colloton, and Erickson
Estate of Donegan v. Anesthesia Associates of Kansas City, No. 15-2420 (scienter standard under False Claims Act when governing regulation is ambiguous): set for argument Feb. 10, 2016 in Kansas City before Judges Riley, Loken, and Benton

Recent Notable Oral Arguments

John Watson, V vs. Air Methods Corporation, 15-1900 (E.D. Mo.), was argued Jan. 14, 2016, in St. Louis. The case involves whether a federal airline deregulation statute, and a federal statute intended to protect whistleblowers in the airline industry, pre-empt the ability of a medical crew member on high-speed air transport helicopter to pursue a claim under Missouri’s public-policy exception to the employment-at-will doctrine, where the alleged public-policy violation was that plaintiff was fired for reporting violations of federal aviation regulations. The Honorable Ronnie L. White construed the Eighth Circuit’s 2002 decision in Botz v. Omni Air International as giving the Airline Deregulation Act, and the Whistle Blower Protection Program (“WPP”) of the Wendell H. Ford Aviation Investment and Reform Act, pre-emptive effect, to preserve what the Botz decision called “the WPP’s single, uniform scheme for responding to air-carrier employees’ reports of air safety violations.” That pre-emptive effect, together with the absence of a private cause of action under the WPP Act, led Judge White to dismiss the suit under Rule 12(b)(6). The case was argued before Judges Wollman, Melloy, and Colloton.

Here is a link to the streaming audio version of the argument: http://media-oa.ca8.uscourts.gov/OAaudio/2016/1/151900.mp3 It may also be downloaded from this link: ftp://media-oa.ca8.uscourts.gov/OAaudio/2016/1/151900.mp3

The decision below is at http://www.leagle.com/decision/In%20FDCO%2020150407A17/Watson%20v.%20Air%20Methods%20Corporation

Events and News

District Judges Ralph Erickson (D.N.D.) and James Gritzner (S.D. Iowa) will sit with the Eighth Circuit during its February session in St. Paul.
The Eighth Circuit Judicial Conference will be held May 3-5, 2016 at the Embassy Suites Hotel in Rogers, Ark.

Eighth Circuit Bar Association Information

On April 13, 2016, the Court will be sitting at the Old Courthouse (where the Dred Scott trial was held) in St. Louis.

Editors: Vince Chadick, Quattlebaum, Grooms & Tull PLLC, Springdale, Ark. Katie Walsh, Office of the Missouri Attorney General, St. Louis, Mo.

Contributors: John Baker, Greene Espel PLLP, Minneapolis, Minn. Landon Magnusson, Lathrop & Gage LLP, Kansas City, Mo. Brian Walsh, Bryan Cave LLP, St. Louis, Mo.

Cases discussed in this Update may involve officers or directors of the Eighth Circuit Bar Association, editors or contributors to this Update, or their colleagues.

Eighth Circuit Update

Fri, 01 Jan 2016 15:52:52 GMT

A Member Benefit of the Association of the Bar of the United States Court of Appeals for the Eighth Circuit

Issue No. 4
January, 2016

Eighth Circuit Cases in Washington

Hawkins v. Community Bank of Raymore, No. 14-520 (status of spousal guarantor under Equal Credit Opportunity Act): argued Oct. 5, 2015
Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (use of statistical techniques in
class certification under Fair Labor Standards Act; certification of class that includes persons who were not injured): argued Nov. 10, 2015
Nebraska v. Parker, No. 14-1406 (boundaries of Omaha Indian Reservation): in briefing stage; argument scheduled Jan. 20, 2016
CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (right of defendant to attorneys’ fees if Title VII case brought by EEOC is dismissed): certiorari granted Dec. 4, 2015
United States Army Corps of Engineers v. Hawkes Co., No. 15-290 (availability of judicial review of determination under Clean Water Act that property includes “waters of the United States”): certiorari granted Dec. 11, 2015

Selected Cases Set for Argument

Allen v. United States, No. 14-3495 (federal death-penalty appeal involving claim of ineffective assistance of counsel relating to empaneling of anonymous jury): set for argument Jan. 12, 2016 in St. Louis before Judges Wollman, Melloy, and Colloton
Critique Services, LLC v. Steward, No. 15-1857 (high-profile dispute regarding disgorgement of fees, sanctions, and suspension from practice of bankruptcy lawyers and firm): set for argument Jan. 12, 2016 in St. Louis before Judges Loken, Gruender, and Kelly
Cellular Sales of Missouri, LLC v. NLRB, No. 15-1620 (enforceability of class-action waivers in employee arbitration agreements): set for argument Jan. 13, 2016 in St. Louis before Judges Wollman, Melloy, and Colloton
Nucor Steel – Arkansas v. Big River Steel, LLC, No. 15-1615 (permissibility of citizen’s suit under Clean Air Act collaterally attacking a facially valid permit): set for argument Jan. 13, 2016 in St. Louis before Judges Loken, Gruender, and Kelly

Recent Oral Arguments of Interest

Yevonne Van Horn v. Mark Martin, 15-1738 (E.D. Ark.) and Jerry Jones v. Bob Evans Farms Inc., 15-2068 (W.D. Mo.), argued in sequence Dec. 16, 2015 These appeals, one from Arkansas and one from Missouri, involve a common issue at the juxtaposition of bankruptcy law and employment discrimination law. Plaintiffs were Chapter 13 debtors who filed post-petition, pre-discharge employment discrimination suits. The suits were not listed on the schedules of the debtors’ assets, were not prosecuted by the Chapter 13 trustees. The defendants in the actions obtained pretrial judgments arising from the debtors’ failure to have amended their schedules to include the causes of action enforced in the discrimination suits. The questions presented by the debtors’ appeals include (1) whether the Chapter 13 trustee and not the debtor had standing to commence the discrimination suit; and (2) whether the plaintiffs-debtors were judicially estopped from seeking relief from the defendants for alleged discrimination by their failure to have amended their schedules so as to treat the causes of action as an asset. The cases were argued, back-to-back, before Judges Murphy, Benton, and Kelly.

Here is a link to the streaming audio version of the argument in Van Horn: http://media-oa.ca8.uscourts.gov/OAaudio/2015/12/151710.mp3 It may also be downloaded from this link: ftp://media-oa.ca8.uscourts.gov/OAaudio/2015/12/151710.mp3

Here is a link to the streaming audio version of the argument in Jones: http://media-oa.ca8.uscourts.gov/OAaudio/2015/12/152068.mp3 It may also be downloaded from this link: ftp://media-oa.ca8.uscourts.gov/OAaudio/2015/12/152068.mp3

Events and News

Judge Morris S. Arnold has returned to active senior status and will begin sitting with the Court during the February session.
Save the Date! The Association is looking forward to assisting with the Judicial Conference scheduled for May 3-5, 2016 in Northwest Arkansas. Look for upcoming new on this event. Here is a link to more information: http://media.ca8.uscourts.gov/files/Savethedate-WJR.pdf

Eighth Circuit Bar Association Information

Welcome to our new board members: Kari Scheer (ND Iowa), Ron Parsons (SD), Landon Magnusson and Ben Wilson (both at-large).
The Association’s membership year runs from July 1 through June 30. Online renewal is available at www.eighthcircuitbar.com.

Editors: Vince Chadick, Quattlebaum, Grooms & Tull PLLC, Springdale, Ark. Katie Walsh, Office of the Missouri Attorney General, St. Louis, Mo.

Contributors: John Baker, Greene Espel PLLP, Minneapolis, Minn. Landon Magnusson, Lathrop & Gage LLP, Kansas City, Mo. Brian Walsh, Bryan Cave LLP, St. Louis, Mo.

Cases discussed in this Update may involve officers or directors of the Eighth Circuit Bar Association, editors or contributors to this Update, or their colleagues.