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.

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.

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. 

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

 

 

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 

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

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.

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.

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.