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June 05, 2024 | Law.com

Eighth Circuit Affirms Summary Judgment for Police Officers Who Removed Street Preacher From Festival

The U.S. Court of Appeals for the Eighth Circuit recently upheld the grant of summary judgment to an Iowa city and several police officers in their individual capacity in a Section 1983 suit brought by a street preacher who was removed from a festival area but allowed to continue his preaching across the street from the festival's entrance.
6 minute read
May 08, 2024 | Law.com

Eighth Circuit addresses Constitutional Rights of Transgender Inmate in Lawsuit Against Prison Officials

The U.S. Court of Appeals for the Eighth Circuit recently held that individual defendants in a Section 1983 lawsuit brought by a transgender inmate were entitled to qualified immunity on some, but not all, of the inmate's claims.
7 minute read
April 23, 2024 | Law.com

Eighth Circuit Affirms Denial of Qualified Immunity to Mayor and Police Chief of Missouri City in First Amendment Retaliation Lawsuit Brought by Former Police Officers

The Eighth Circuit recently affirmed the Western District of Missouri's denial of summary judgment based on qualified immunity to two individual defendants who had been sued for First Amendment retaliation under Section 1983.
6 minute read
March 01, 2024 | Law.com

Eighth Circuit: Fun With the First Amendment

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a judgment that the city of St. Louis violated the First Amendment because its now-former President of the Board of Aldermen, Lewis Reed, blocked on his Twitter account someone who posted a hostile tweet.
6 minute read
December 05, 2023 | Law.com

Eighth Circuit: Voters Have No Right To Sue To Enforce Section 2 of the Voting Rights Act

The Eighth Circuit recently held, as a matter of first impression, that private parties may not sue to enforce Section 2 of the Voting Rights Act. Instead, lawsuits to enforce Section 2 can only be brought by the Attorney General of the United States.
6 minute read
September 05, 2023 | Law.com

Eighth Circuit: Written Expert Report Required Where Treating Physician Did Not Form Opinion About Causation During the Course of Providing Treatment

The Eighth Circuit recently clarified the circumstances in which a treating physician who is offered to provide expert testimony as to the cause of a plaintiff's injury must submit an expert report in accordance with Federal Rule of Civil Procedure 26(a)(2).
6 minute read
March 08, 2023 | Law.com

Eighth Circuit: S. Dakota's 1-Year Filing Deadlines for Ballot Initiatives Violate First Amendment

The Eighth Circuit has affirmed the grant of a permanent injunction against the enforcement of South Dakota's one-year filing deadlines for submitting petitions to initiate state statutes and to amend the state's constitution, holding that both statutory deadlines violate the First Amendment.
5 minute read
February 08, 2023 | Law.com

Eighth Circuit Affirms $50K Sanctions Award and Dismissal of Attorney's Suit Over Minnesota Disciplinary Proceedings

The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a Minnesota attorney's suit against state and private defendants, including Minnesota's board for lawyer discipline, and affirmed the $50,000 award of Rule 11 sanctions against the plaintiff–attorney.
5 minute read
January 12, 2023 | Insurance Coverage Law Center

Insurance Application's Foreclosure Question Is Ambiguous

In a dispute over alleged material misrepresentations in a homeowners insurance application, the U.S. Court of Appeals for the Eighth Circuit recently examined the meaning of the question whether an insurance applicant had "had a foreclosure."
7 minute read
January 11, 2023 | Law.com

Eighth Circuit: Insurance Application's Foreclosure Question Is Ambiguous

In a dispute over alleged material misrepresentations in a homeowners insurance application, the U.S. Court of Appeals for the Eighth Circuit recently examined the meaning of the question whether an insurance applicant had "had a foreclosure." The court held that question to be ambiguous and construed it against the insurer.
7 minute read

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