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  • 01 Feb 2016 9:59 AM | Deleted user

    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.


  • 01 Jan 2016 9:52 AM | Deleted user

    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.


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