LexisNexis® Legal Newsroom
Court Lets Part Of Organic Milk Lawsuit To Proceed

ST. LOUIS - (AP) Dairy consumers who sued several national chains and the largest U.S. provider of store-brand organic milk claiming they falsely labeled the milk can continue with their lawsuit under a federal appeals court ruling issued Wednesday. The ruling from the Eighth U.S. Circuit Court of Appeals...

8th Circuit: Adulterated Drug Claims Aren't Preempted

ST. LOUIS -- (Mealey's) Claims that a drug company sold consumers an adulterated drug aren't preempted under two U.S. Supreme Court rulings, a panel of the Eighth Circuit U.S. Court of Appeals ruled Jan. 19 ( Allen LeFaivre, et al. v. KV Pharmaceutical Company, et al. , No. 10-1326, 8th Cir.;...

Free Download: Keller & Heckman Litigation Alert: 8th Circuit Finds Adulterated Drug Claims Not Preempted

Consumers can sue a drug company for selling a drug that was not manufactured pursuant to good manufacturing practices (GMP) and was, thus, "adulterated" under the Food, Drug and Cosmetic Act (FDCA). Such claims are not preempted by federal law, said the Eighth Circuit Court of Appeals. ( Allen...

Eighth Circuit slaps BIA on 212(c), St. Cyr, retroactivity, statutory counterpart analysis: Lovan II

"By conceding that In re L and In re G-A- were not overruled prior to the repeal of § 212(c), and then ignoring the rule established by those decisions, the BIA majority completely disregarded the Supreme Court’s controlling decision in St. Cyr. Determination of impermissible retroactive...

McCarter & English on Eighth Circuit Affirms Summary Judgment in Favor of Reinsured Concluding the Reinsurance Agreement Unambiguously Requires the Reinsurer to Follow the Settlements

By Cynthia Morrison, Associate, McCarter & English, LLP "Reinsurance, as a specialized industry, utilizes unique terms that are often the subject of disputes between the reinsurer and reinsured. One unique term is the 'follow the fortunes' doctrine which is interpreted, generally...

Eighth Circuit Holds Claim Against General Contractor Not an Occurrence

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Secura Ins. v. Horizon Plumbing , 2012 U.S. App. LEXIS 4477 (8 th Cir. Mar. 5, 2012), the United States Court of Appeals for the Eighth Circuit, applying Missouri law, considered whether an underlying breach...

CA8 on corroboration, defective transcript: Omondi v. Holder

"[T]he IJ and BIA did not err in their assessment that it was reasonable to expect further corroborative evidence from Omondi to support his asylum application. Because Kamau was involved in the same arrest and detention as Omondi, it was reasonable to expect Kamau’s letter to corroborate...

CA8 on CIMT; BIA Failed to Apply Silva-Trevino: Godoy Bobadilla v. Holder

"The only issue we will address is whether his conviction for providing a false name to a peace officer is categorically a crime involving moral turpitude, a question of law we have jurisdiction to consider. ... We grant Bobadilla’s petition for review and remand. ... In this case, the IJ’s...

Divided 8th Circuit Panel Readmits Plaintiff Expert On Short-Term Prempro Risk

ST. LOUIS - (Mealey's) In a 2-1 ruling July 26, the Eighth Circuit U.S. Court of Appeals reversed summary judgment in two Prempro bellwether cases that involve the risk of breast cancer in women who took the hormone replacement therapy drug for less than three years ( Pamela Kuhn v. Wyeth, Inc.,...

8th Circuit Reinstates $222,000 Statutory Damages Against File Sharer

ST. PAUL, Minn. - (Mealey's) Determining that a jury award of $222,000 from almost five years ago was constitutional, an Eighth Circuit U.S. Court of Appeals panel on Sept. 11 reinstated the award in favor of a group of six plaintiff record labels against a Minnesota woman accused of online file...

Roundup of Supreme Court employment cases -- right here!

All right, kiddies. My posts over the last few weeks have been juicy and entertaining. (Or as juicy and entertaining as employment law can get.) But summer is over, and it's time to buckle down. The Supreme Court of the United States (aka "SCOTUS") began its new term this past Monday...

CA8 on Past Persecution, GMC: Flores v. Holder

"Reviewing the BIA's opinion, it is unclear why the BIA upheld the IJ's finding that Flores did not suffer past persecution. ... Remand is also necessary because if the BIA is upholding the IJ's apparent adoption of a blanket rule that past persecution to family members can never be...

Levaquin Compensatory Verdict Affirmed By 8th Circuit; Punitive Verdict Reversed

ST. LOUIS — (Mealey’s) The Eighth Circuit U.S. Court of Appeals on Nov. 30 unanimously affirmed denial of judgment as a matter of law or new trial for compensatory damages in the first Levaquin multidistrict litigation bellwether trial but in a 2-1 split said the trial court erred in denying...

CA8 on Ethiopia, Well-Founded Fear: Tegegn v. Holder

"[T]he BIA did not adequately consider one aspect of his distinct claim of a well-founded fear of future persecution that was supported by credible testimony and by other record evidence including State Department Human Rights Reports. Accordingly, we grant the petition for review and remand for...

CA8 on FLSA: Lucas v. Jerusalem Cafe

"For varying periods between June 2007 and March 2010, Elmer Lucas and five other aliens (collectively, workers), without employment authorization, toiled in the Jerusalem Cafe (Cafe), some for less than minimum wage and all without receiving overtime wages. The workers sued the Cafe, and its then...

CA8 on Credibility: Zhang v. Holder

"After careful review, we conclude the Immigration Judge’s (IJ) adverse credibility findings, adopted by the BIA, are not supported by substantial evidence in the record. We therefore grant the petition for review and remand the case for further proceedings." - Zhang v. Holder, Dec. 11...

Foley & Lardner LLP: 8th Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

By Jacqueline N. Acosta In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful off-label uses. United States ex rel. Paulos...

CA8 on Credibility, Frivolousness, Materiality: Limbeya v. Holder

"Boendi Limbeya, a citizen of the Democratic Republic of Congo (DRC), petitions for review of an order of removal from the Board of Immigration Appeals (BIA). Limbeya filed an application for asylum in 2005. Following a hearing, an Immigration Judge (IJ) found his application frivolous, denied all...

News Excerpts From the June 15, 2015, Bender’s Immigration Bulletin

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...

Mellouli Update - Kevin Johnson

The “sock removal” case continues: Mellouli v. Lynch and compliance with the Court’s mandate "Last June, the U.S. Supreme Court provided Moones Mellouli, a lawful permanent resident who had been ordered removed from the United States, with a victory in his efforts to reverse...

Supreme Court: Mellouli On Hold

"Moones Mellouli, a Tunisian who had been living legally in the United States until he was deported for a minor drug crime, won one appeal to the Supreme Court this past June and on Friday moved into position potentially to win another. The Justices, in a brief order , put off any further government...

Barnes & Thornburg LLP: Recent Rulings May Spell Trouble for the ACA

By Anne Compton-Brown | President Obama’s signature healthcare legislation will likely force two more significant legal hurdles after decisions this month that attack peripheral but important portions of the Affordable Care Act (ACA). On Sept. 17, 2015, the United States Court of Appeals...

CA8 on DOL H-1B Investigative Authority - Greater Missouri Medical Pro-Care Providers, Inc. v. Perez

GMM v. Perez, Dec. 14, 2015 - "Greater Missouri Medical Pro-Care Providers, Inc. (GMM) provides physical and occupational therapists to serve in hospitals, nursing homes, and similar facilities. GMM appeals the district court’s decision to uphold a final decision and order of the United States...

CA8 Arkansas H-2B Wage Victory - Cuellar-Aguilar v. Deggeller Attractions, Inc.

Cuellar-Aguilar v. Deggeller Attractions, Inc., Dec. 15, 2015 - "Appellants are nineteen workers who were employed by Deggeller Attractions, Inc. (“Deggeller”), a Florida corporation that operates a traveling carnival in Arkansas and various other states. Following their employment,...