United States Eighth Circuit - July 2001 Opinion Summaries

JONES v. DELO

Criminal Law & Procedure, Habeas Corpus
In capital cases, there is no per se rule requiring defense attorneys to conduct a mental health examination of defendant.

LEWIS & CLARK MARINE, INC. v. LEWIS

Admiralty
Where the seaman stipulated that his claims did not exceed the ship owner's limitation fund and waived any res judicata defense with respect to the...

MONTEZ v. PRUDENTIAL SECS., INC.

Dispute Resolution & Arbitration
An arbitrator is not necessarily biased just because he had previously worked with a law firm representing one of the parties in arbitration several...

DUMONT v. SASKATCHEWAN GOV'T. INS.

Civil Procedure, Insurance Law, International Law
Under the Foreign Sovereign Immunities Act, a foreign insurance policy that required arbitration in a Canadian jurisdiction precluded application of...

DELTA FAMILY-CARE DISABILITY & SURVIVORSHIP PLAN v. MARSHALL

ERISA
In determining whether to terminate long-term disability benefits, plan administrators should look to the administrative record as a whole and should...

HELSETH v. BURCH

Civil Rights
High-speed police chases with no intent to harm the suspect or worsen his legal situation do not give rise to a civil rights cause of action when...

JOHN & LEIGH T. v. IOWA DEP'T OF EDUC.

Education Law
Under 20 USC 1412(a)(11)(A)(i), a state agency may be liable for a local school district's failure to accommodate a student under the IDEA, but it may...

US v. SOLTERO-CORONA

Criminal Law & Procedure, Sentencing
While a defendant's admission to drug quantity at a change of plea hearing will not cure an Apprendi error, it will make the sentencing fair such that...

THACKER v. ST. LOUIS SW RY. CO.

Labor & Employment Law
A railroad employee's complaints about a disciplinary hearing are "minor disputes" which invoke the interpretation of his collective bargaining...

NAT'L FED'N OF THE BLIND OF ARKANSAS, INC. v. PRYOR

Constitutional Law
Ark. Code Ann. 4-99-201(a)(2), which prohibits charitable telephone solicitors for providing additional information once a person states they do not...