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.