U.S. Court of Appeals for the Eighth Circuit
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Couple can't sue pharmacies for refusing to fill ivermectin prescriptions
ST. PAUL, Minn. (Legal Newsline) - A couple who claimed they were forced to use “horse paste” ivermectin to treat their Covid infections have no case against Walmart and another pharmacy that refused to fill prescriptions by an out-of-state doctor, a federal appeals court ruled. -
Fee? Tax? Missouri city argues both ways to keep DirecTV case in state court
ST. LOUIS (Legal Newsline) - Despite presenting contradictory arguments over whether it was trying to charge a “tax” or a “fee” on video streaming services, the Eighth Circuit Court of Appeals ruled the City of Creve Coeur, Mo., can continue to litigate the question in state court. -
Governments and trial lawyer partners lose again in litigation against Netflix, Hulu
ST. LOUIS (Legal Newsline) - Private lawyers who hoped to make a killing by suing Netflix, Hulu and other streaming video services with claims they owed taxes to municipalities lost again, with the U.S. Court of Appeals for the Eighth Circuit ruling there is no basis in Arkansas law for their case. -
Frat avoids liability after pledge gets wasted, slashes Creighton student's throat
ST. LOUIS (Legal Newsline) – A fraternity won’t be liable after a Creighton University student pledging it drank and smoked marijuana to the point of bizarre behavior, then slashed the throat of a female whose dorm room he mistakenly entered. -
Eighth Circuit judge skeptical of Minnesota's climate change lawsuit
A federal appeals court judge peppered Minnesota’s outside counsel with questions about the state’s climate lawsuit against ExxonMobil and others in a hearing over whether the case belongs in state court, at one point suggesting the complaint wasn’t drafted carefully enough to avoid federal jurisdiction. -
Judge told to get moving on case that would tell St. Louis police how to handle protests
ST. LOUIS (Legal Newsline) - Citing an influential appellate judge’s declaration that “the era of micromanagement of government functions by the federal courts is over,” the U.S. Court of Appeals for the Eighth Circuit has dissolved a proposed class action on behalf of future protestors against the City of St. Louis and put a strict time limit on a temporary injunction limiting how police can enforce unlawful-assembly ordinances. -
Eighth Circuit predicts Nebraska law in case over medical device warnings
ST. LOUIS (Legal Newsline) – Nebraska law doesn’t require medical device manufacturers to directly warn users of potential dangers. -
With EEOC's support, pro se litigant's discrimination case against Sysco gets a second look
ST. LOUIS (Legal Newsline) – An appeals court has instructed a federal court to reconsider the case of a former worker at Sysco who filed a federal lawsuit over allegations of racial discrimination failure to promote, and a hostile environment who initially lost her case because she failed to file her charge of discrimination within 180 days of the alleged discrimination happening. -
Target data breach settlement needs subclasses, group argues to Eighth Circuit
ST. LOUIS (Legal Newsline) – A group objecting to a $10 million class action settlement stemming from a 2013 Target data breach has asked the U.S. Court of Appeals for the Eighth Circuit to vacate the class certification order. -
Eighth Circuit asks for additional briefing in Target data breach class action settlement
The U.S. Court of Appeals for the Eighth Circuit, earlier this year, sent the case back to a Minnesota federal district court to reconsider the objections of class member Leif Olson. In May, the federal court approved certification of the class action for a second time. -
Federal appeals court rules Surface Transportation Board exceeded authority
ST. LOUIS (Legal Newsline) – The U.S. Court of Appeals for the Eight Circuit ruled that the Surface Transportation Board has exceeded its authority to define on-time performance of railway companies. -
Eighth Circuit affirms dismissal of TCPA class action
ST. LOUIS (Legal Newsline) –The U.S. Court of Appeals for the Eighth Circuit has upheld the dismissal of a class action lawsuit filed against Fairview Health Services alleging that the company made unauthorized telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA). -
Minnesota federal judge again approves certification of Target data breach class action
The U.S. Court of Appeals for the Eighth Circuit sent the case back to the U.S. District Court for the District of Minnesota in February. Judge Paul A. Magnuson, in an order Wednesday, granted the consumer plaintiffs’ renewed motion to certify the class. -
Eighth Circuit reverses, remands $10 million settlement in Target data breach class action
The U.S. Court of Appeals for the Eighth Circuit, in its opinion last week, said the U.S. District Court for the District of Minnesota’s certification of the settlement class did not meet the standard of “rigorous analysis.” -
After NLRB gives job back to man fired for racism, appeal follows
ST. LOUIS (Legal Newsline) - The U.S. Court of Appeals for the Eighth Circuit is preparing to hear the appeal of a company being forced to rehire a striking employee who was fired for yelling racist comments at replacement workers. -
Attorney says Eighth Circuit's decision in data collection case not surprising
ST. LOUIS (Legal Newsline) -- The recent decision by the U.S. Court of Appeals for the Eighth Circuit to apply Spokeo to reject the standing of a privacy case isn’t surprising, a Phoenix lawyer says. -
Eighth Circuit cites Spokeo ruling in dismissing class action against cable company
A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit this month affirmed a federal district court’s ruling, holding that the plaintiff’s allegation was, on its own, insufficient to establish Article III standing. Pointing to the U.S. Supreme Court’s ruling in Spokeo v. Robins, the panel said the plaintiff, a former Charter Communications customer, did not allege an injury in fact as required by Article III. -
Eighth Circuit dismisses privacy class action against video game retailer
The federal appeals court agreed with the U.S. District Court for the District of Minnesota in granting GameStop’s motion to dismiss the lawsuit, brought over an alleged breach of its privacy policy. -
Eighth Circuit rules obesity alone is not ADA-protected
ST. LOUIS (Legal Newsline) – Although the Equal Employment Opportunity Commission (EEOC) has considered morbid obesity a protected disability under the American with Disabilities Act (ADA), a federal appeals court disagrees. -
Location of Ashley Madison MDL could provide hurdle for plaintiffs
Class action lawsuits over privacy issues raised by this summer’s cyberattack on dating website Ashley Madison will be consolidated in St. Louis federal court.