In Karsjens v. Gandhi, No. 24-2876 (8th Cir. Jan. 7, 2026), the Eighth Circuit holds that the district court abused its discretion by entirely excusing a group of indigent class representatives from contributing to the witness fees for four court-appointed experts. A prevailing party in federal civil litigation is entitled to tax certain costs toContinue reading “District Court Abused Discretion by Failing to Assess $366,461.96 in Expert Witness Fees Against Indigent Named Plaintiffs in Civil Rights Class Action, Holds Eighth Circuit”
Tag Archives: Eighth Circuit
En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue
In Henderson v. Springfield R-12 Sch. Dist., No. 23-1374 (8th Cir. Dec. 30, 2025) (en banc), the Eighth Circuit holds that it was enough for a public employee to establish standing in a First Amendment challenge to a Diversity, Equity, and Inclusion (DEI) program to have been shown a slide during a workplace presentation thatContinue reading “En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue”
“Consensual Relationship Exception” Did Not Extend Jurisdiction of Tribal Court Over Nonmember Spouse in Divorce Case, Holds Eighth Circuit
In a case of first impression, the Eighth Circuit in Tix v. Tix, No. 24-3487 (8th Cir. Dec. 12, 2025) rejects Tribal Court jurisdiction over a nonmember spouse in a divorce case. “In September 2008, Robert William Tix, a member of the Prairie Island Mdewakanton Dakota Indian Community (the ‘Community’), married Kristin Ann McGowan [‘McGowen’],Continue reading ““Consensual Relationship Exception” Did Not Extend Jurisdiction of Tribal Court Over Nonmember Spouse in Divorce Case, Holds Eighth Circuit”
Eighth Circuit Holds That for Forum Non Conveniens Analysis, Court Weighs All Domestic Contacts Against Transfer, Not Just Contacts with the Forum State
In Dibble v. Torax Medical, Inc., No. 24-1385 (8th Cir. Aug. 7, 2025), the Eighth Circuit (in a split decision, Judge Loken dissenting without opinion) reverses an order dismissing a case in the District of Minnesota in favor of venue in the United Kingdom. The panel holds that the district court erroneously focused on theContinue reading “Eighth Circuit Holds That for Forum Non Conveniens Analysis, Court Weighs All Domestic Contacts Against Transfer, Not Just Contacts with the Forum State”
State-Court Conspiracy Case Alleging Judicial Collusion with Defense Counsel Not Barred by Rooker-Feldman, Holds Eighth Circuit
In Sutter & Gillham PLLC v. Henry, No. 24-1071 (8th Cir. July 31, 2025), the Eighth Circuit reverses dismissal of a 42 U.S.C. § 1983 conspiracy action concerning a state-court judge, alleging collusion with defense counsel, and holds that the action does not fall within the Rooker-Feldman doctrine. “The alleged conspiracy grew out of anContinue reading “State-Court Conspiracy Case Alleging Judicial Collusion with Defense Counsel Not Barred by Rooker-Feldman, Holds Eighth Circuit”
The Eighth Circuit, Perhaps Without Meaning To, Creates a Circuit Split on the Standard for Seeking Relief from a Jury Waiver Under Fed. R. Civ. P. 39(b)
In E&I Global Ene. Srvs. v. Liberty Mut. Ins. Co., No. 23-3739 (8th Cir. Apr. 4, 2025), the Eighth Circuit declines to afford a plaintiff relief for its failure to timely demand a jury trial under Fed. R. Civ. P. 38(b)(1) under an “excusable neglect” standard, creating (without so noting) a split with other circuits.Continue reading “The Eighth Circuit, Perhaps Without Meaning To, Creates a Circuit Split on the Standard for Seeking Relief from a Jury Waiver Under Fed. R. Civ. P. 39(b)”
En Banc Eighth Circuit Realigns Itself with Other Courts of Appeals, Overrules “Clear Statement” Pleading Rule for Official Capacity § 1983 Complaints
The en banc Eighth Circuit in S.A.A. v. Geisler, No. 23-3119 (8th Cir. Feb. 7, 2025), holds (9-2) that a plaintiff need not expressly allege in a 42 U.S.C. § 1983 complaint whether they are suing a named defendant in their individual capacity (the “clear statement rule”). The circuit adopts the “course of proceedings test”Continue reading “En Banc Eighth Circuit Realigns Itself with Other Courts of Appeals, Overrules “Clear Statement” Pleading Rule for Official Capacity § 1983 Complaints”
Time to Remove Under 28 U.S.C. § 1446(b) Triggered by Date Acknowledged by the Parties on the Waiver of Service Rather Than When the Waiver Is Signed or Filed in Court, Holds Split Eighth Circuit Panel
In Monsanto Co. v. General Electric Co., No. 24-1230 (8th Cir. Jan. 22, 2025), an Eighth Circuit panel splits over when the 30 days begin to run for a removal petition to federal court under 28 U.S.C. § 1446(b) when the parties use a waiver-of-service procedure. The panel majority holds that the time runs fromContinue reading “Time to Remove Under 28 U.S.C. § 1446(b) Triggered by Date Acknowledged by the Parties on the Waiver of Service Rather Than When the Waiver Is Signed or Filed in Court, Holds Split Eighth Circuit Panel”
Removal of Case from State to Federal Court Does Not Affect Application of First-Filed Rule, Split Eighth Circuit Panel Holds
In Beber v. NavSav Holdings, LLC, No. 23-2965 (8th Cir. Oct. 1, 2024), a 2-1 panel holds, in dueling lawsuits over noncompete and nonsolicitation covenants, that a first-filed case commenced in Nebraska state court remained first-filed even when removed to federal district court. Judge Kelly dissents in part. On June 16, 2023, employees Beber, Roach,Continue reading “Removal of Case from State to Federal Court Does Not Affect Application of First-Filed Rule, Split Eighth Circuit Panel Holds”
Attorney’s Fee Award Only Became Final When the District Court “Quantifi[ed]” It, Leading to Partial Dismissal of Appeal by Eighth Circuit
In Deering v. Lockheed Martin Corp., No. 23-2853 (8th Cir. Sept. 17, 2024), the Eighth Circuit dismisses in part an appeal of sanctions against an employment-discrimination plaintiff because she filed the notice of appeal before the judge below calculated the attorney’s fees, then failed to amend the notice to appeal the fee award. According toContinue reading “Attorney’s Fee Award Only Became Final When the District Court “Quantifi[ed]” It, Leading to Partial Dismissal of Appeal by Eighth Circuit”
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