EXTRAORDINARY
INSIGHT

False Claims Corner: FCA Excessive Fines Opinion Answers Question, Suggests Others

Although relatively few FCA cases proceed to trial, the Grant decision has practical implications for any FCA litigants trying to assess the extent of defendants’ potential liability. 

After 104 years, the Minnesota Law Review Elects its First Black Editor-In-Chief

The Minnesota Law Review recently elected Brandie Burris as editor-in-chief, making her the first Black law student to lead the publication in its 106-year history.

Why the Legal Profession Is the Nation's Least Diverse (And How to Fix It)

No Clearly Established Due Process Right to Informational Privacy, Says Eighth Circuit

5 Ways Firms Can Avoid Female Attorney Exodus During Pandemic

Eighth Circuit Lowers Tortious Interference Threshold in Trucking Company Case

In a ruling on May 27, the U.S. Court of Appeals for the Eighth Circuit arguably lowered the threshold for tortious interference claims.

Restructure Your Organization to Actually Advance Racial Justice

Decision To Remove Children From Father's Custody Not Unlawful Given Compelling Interest in Protecting Minors

The Eighth Circuit recently affirmed the Rule 12 dismissal of a lawsuit brought by a father, his three children, and an association against a Minnesota county, its social-services agency, and several state and county officials.

Supreme Court Delivers Major Victory to LGBTQ Employees

Does the 1964 Civil Rights Act protect employees from being terminated on the basis of sexual orientation or gender identity? Until recently, the legal answer to this question wasn’t clear. NPR discusses the Supreme Court’s decision that discrimination due to sexuality is, by nature, discrimination based on sex—and thus prohibited.

Is there any silver lining in the global pandemic?

Is there any silver lining in the global pandemic? The HR Exchange asks whether remote workforces improve diversity and inclusion. They suggest that, in a remote environment, biases come to the fore less as employers focus on productivity and effectiveness. Is this your experience?

Eighth Circuit Decision Demonstrates Conflicting Views on Use of Deadly Force

A recurring question in §1983 cases is whether unarmed, feeing suspects pose the requisite threat to officers or others to justify the use of deadly force. Related questions include the availability of qualified immunity at the summary-judgement stage. A recent Eighth Circuit decision embodies conficting views on this subject.

The Eighth Circuit Applies the 'Effects Test' for Personal Jurisdiction in a Pair of Recent Decisions

While the Eighth Circuit's recent decisions applying the effects tests provide helpful guidance, questions nonetheless remain, especially as the effects test relates to email, text, and telephone communications between out-of-state defendants and in-state plaintiffs.

Eighth Circuit Affirms Preliminary Injunction Against Enforcement of Arkansas 'Blackout' Periods for Campaign Contributions

The court affirmed a preliminary injunction against enforcement of an Arkansas statute that prohibits campaign contributions from being made during a two-year “blackout” period well before an election.

Eighth Circuit Joins Those Invalidating Traditional Panhandling Laws, While Some Newer Approaches Are Upheld

On November 6th, the Eighth Circuit upheld an injunction against Arkansas's revised statutory prohibition of panhandling, but split on the question of whether the district court should have 8th Circuit Spotlight enjoined the enforcement of the prohibition on a statewide basis.

Eighth Circuit Flips Invalidation of Engagement-letter Arbitration Clause

Under the Federal Arbitration Act, a court can invalidate an arbitration agreement based on the traditional contract defenses, including unconscionability.