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Winning Early in Complex Business Litigation Alleging Fraud
Category: Appellate Law, Business, Eighth Circuit Appellate , Litigation
In a recent case alleging common law and consumer fraud, the Eighth Circuit Court of Appeals affirmed dismissal because the plaintiff failed to meet the requisite pleading standard. The plaintiff, a commercial printing company, purchased a printing press from the defendant technology company. Four…
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Product Manufacturer Wins Strategic Victory at the Eighth Circuit Court of Appeals
Category: Eighth Circuit Appellate , Litigation, Products Liability
Plaintiff sued a wood chipper manufacturer alleging products liability and failure to warn claims under both strict liability and negligence. The manufacturer filed timely, strategic motions resulting in dismissal of the lawsuit in federal district court. In this recent decision by the Eighth…
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Beer Businesses Strike State Law Showing it Unconstitutionally Interferes with Their Commercial Free Speech Rights
Category: Appellate Law, Business, Eighth Circuit Appellate , Litigation
The Eighth Circuit Court of Appeals recently upheld a District Court’s decision to strike down a state law that placed severe restrictions on alcohol advertising. For example, under the law, Joe’s Bar could run the ad, “Drink Coors Light, now available at Joe’s Bar,” but a beer producer or beer…
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School Not Required to Pay Attorneys' Fees Even Where IDEA Violation Found
Category: Appellate Law, Education, Eighth Circuit Appellate , Litigation
A hearing officer with the Arkansas Department of Education (“ADE”) finds that a school violated the Individuals with Disabilities Education Act (“IDEA”) by failing to evaluate and develop a behavior intervention plan (“BIP”) to address a student’s behavior deficits. Under the IDEA, this…
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Crop Insurance Dispute Wrapped in Red Tape: One Farmer's Uphill Battle to Overturn Arbitration
Category: Agriculture , Appellate Law, Eighth Circuit Appellate , Litigation
A farmer who lost a crop insurance dispute at arbitration took his insurance company to federal district court, filing a motion to vacate the arbitration award. When the lower court split the baby, the farmer and the insurer cross-appealed. In a recently announced opinion, the Eighth Circuit sided…
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The Between the Lines blog is made available by Mitchell Williams Law Firm and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.