Blog posts in tag Eighth Circuit Court of Appeals

Inability to Work Unpredictable, Unscheduled Overtime Renders an Individual "Not Qualified" for ADA Purposes

Posted on 09/17/2019 at 01:43 PM by Russell Samson

Categories: Dickinson Law News, Employment & Labor Law, Russ Samson

Tagged As: ADA, Americans with Disabilities Act, Eighth Circuit, Eighth Circuit Court of Appeals, LTD, mandatory overtime, overtime, Tasha McNeil v. Union Pacific Railroad Co.

Inability to Work Unpredictable, Unscheduled Overtime Renders an Individual "Not Qualified" for ADA Purposes

The title may be in error: It is not a generally true statement in all circumstances. The plaintiff in the Eighth Circui...

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Eighth Circuit Denies Unique Twist on Minority Oppression Claim

Posted on 10/02/2018 at 10:32 AM by Laura Wasson

Categories: Business Law, Laura Wasson, Start-Up Group

Tagged As: Eighth Circuit Court of Appeals, Iowa Start-Up Group, Minority Shareholder, Rasby v. Pillen

Eighth Circuit Denies Unique Twist on Minority Oppression Claim

On September 28, 2018, the Eighth Circuit affirmed a Nebraska district court’s ruling for the defendant majority s...

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The Bank That Cried Breach: Knowing When It's Time to Send a Security Breach Notice to Customers

Posted on 08/03/2018 at 11:40 AM by Jesse Johnston

Categories: Banking Law, Cybersecurity Law, Jesse Johnston

Tagged As: banks, computer security, cyber security, cybersecurity, data breach, data breach notice, Eighth Circuit Court of Appeals, Gramm-Leach-Bliley Act, hackers, identity theft, Iowa banking law, network security, vendor contracts

The Bank That Cried Breach: Knowing When It's Time to Send a Security Breach Notice to Customers

Data breaches can occur in a myriad of ways: by the hacker, by an employee’s departure with customer informat...

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NLRB Reinstates Old “Joint Employer” Test

Posted on 12/21/2017 at 08:31 AM by Russell Samson

Categories: Construction Law, Dickinson Law News, Employment & Labor Law, Russ Samson

Tagged As: Browning-Ferris Industries of California, construction, eeoc lawyer, Eighth Circuit Court of Appeals, employment agreement, employment law, employment law attorney, employment lawyer, employment legal advice, Hy-Brand Industrial Contractors, Iowa Employer Law Blog, joint employer, legal advice, local attorneys, New NLRB rules, NLRB, work lawyer

NLRB Reinstates Old “Joint Employer” Test

On February 26, 2018, the National Labor Relations Board issued an order vacating its decision in Hy-Brand Industrial Co...

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Pick a name, any name: Bank not liable for fraudulent use of d/b/a name

Posted on 03/07/2016 at 07:24 AM by John Lande

Categories: Banking Law, John Lande

Tagged As: banking fraud, Eighth Circuit Court of Appeals, fraud victim, identity, Iowa banking law

In 2004, a fraudster in Missouri by the name of Henry opened a bank account at Hometown Bank under the name "Mark L...

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An agreement is an agreement: JPMorgan Chase tries to rescind permanent loan modification agreement

Posted on 03/07/2016 at 07:23 AM by John Lande

Categories: Banking Law, John Lande

Tagged As: Eighth Circuit Court of Appeals, Home Affordable Modification Program, Iowa banking law, JPMorgan Chase, loan modification

The Eighth Circuit Court of Appeals recently held that JPMorgan Chase ("Chase") could be sued for breach of a...

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Skilled drafting saves employer from costly separation agreement oversight

Posted on 03/07/2016 at 07:24 AM by The Newsroom

Categories: Employment & Labor Law

Tagged As: Eighth Circuit Court of Appeals, separation agreement

Skilled drafting saves employer from costly separation agreement oversight

A recent decision of the Eighth Circuit Court of Appeals, St. Louis Produce Market v. Hughes, 735 F.3d 829 (8th Cir. 201...

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Employer's award of attorney fees reversed by Eighth Circuit in Iowa sexual harassment case

Posted on 03/07/2016 at 07:23 AM by Russell Samson

Categories: Commercial Litigation, Employment & Labor Law, Russ Samson

Tagged As: attorney fees, class action lawsuits, class action litigation, discrimination, doctrine of judicial estoppel, EEOC, Eighth Circuit, Eighth Circuit Court of Appeals, employment discrimination, Iowa Commercial Litigation, Iowa Employer Law Blog, prevailing defendant, recovery of attorney fees, sexual harassment, Title VII

Employer's award of attorney fees reversed by Eighth Circuit in Iowa sexual harassment case

As an employment attorney on the defense side, I am often asked by my employer clients if they can recover their attorne...

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Death of a family member ends one kind of FMLA leave, but may begin another

Posted on 03/07/2016 at 07:23 AM by Jill Jensen-Welch

Categories: Employment & Labor Law, Jill Jensen-Welch

Tagged As: bereavement leave, death of family member FMLA, Eighth Circuit Court of Appeals, Family Medical Leave Act, FMLA, funeral leave, Murphy v. FedEx National LTL Inc., serious health condition

Death of a family member ends one kind of FMLA leave, but may begin another

The Family Medical Leave Act does not mandate or protect funeral or bereavement leave.  FMLA leave to care for...

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