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Eighth Circuit Update

10 Jun 2016 12:50 PM | Heidi Vollet

Eighth Circuit Update

A Member Benefit of the Association of the Bar of the United States Court of Appeals for the Eighth Circuit

Issue No. 9

June, 2016

En Banc Watch 

  • There were no en banc cases of note this month.

Eighth Circuit Cases in Washington 


  • CRST Van Expedited, Inc. v. EEOC, No. 14-1375: vacated and remanded May 19, 2016; defendant may be prevailing party entitled to recover attorneys’ fees from EEOC even if case is not decided on the merits; alternative arguments in opposition to fee award may be addressed on remand
  • United States Army Corps of Engineers v. Hawkes Co., No. 15-290: affirmed May 31, 2016; approved jurisdictional determination that property includes “waters of the United States” is final agency action subject to judicial review under Administrative Procedure Act


  • Trinity Lutheran Church of Columbia, Inc. v. Pauley, No. 15-577 (permissibility under First Amendment and Equal Protection Clause of exclusion of church from secular grant program): in briefing stage
  • Mathis v. United States, No. 15-6092 (qualification of predicate conviction under Armed Career Criminal Act): argued Apr. 26, 2016

Selected Cases Set for Argument

  • Pharmaceutical Care Management Association v. Gerhart, No. 15-3292 (ERISA and Commerce Clause challenges to Iowa statute regulating payments by pharmacy benefit managers to pharmacies): set for argument June 14, 2016 in St. Paul before Judges Murphy, Shepherd, and Perry
  • Pierce v. Moore, No. 15-1964 (standard for determining waiver of constitutional rights in context of involuntary commitment): set for argument June 15, 2016 in St. Louis before Judges Smith, Gruender, and Ketchmark
  • Mays v. Board of Education of Hamburg School District, No. 15-2915 (modification of 1991 consent decree in case alleging race discrimination in school district): set for argument June 16, 2016 in St. Louis before Judges Smith, Gruender, and Benton
  • Thomas v. Board of Trustees of Nebraska State Colleges, No. 15-2972 (Title IX case arising from apparent abduction and murder of decedent by fellow student): set for argument June 16, 2016 in St. Paul before Judges Murphy, Bright, and Shepherd

Recent Oral Arguments of Interest

  • Millennium Operations Inc. v. SuperValu, Inc , No. 15-1786, argued May 17, 2016, in St. Paul

Two wholesalers in the grocery business have been sued by retailers for alleged violations of antitrust laws through conspiratorial agreements. (This suit has generated multiple appeals to the Eighth Circuit.) In this appeal the two wholesaler-defendants appeal from a district court’s refusal to enforce arbitration agreements signed by two plaintiffs because those arbitration agreements were later assigned by those defendants. The central question, as framed by Chief Judge Riley, is whether these defendants possess rights under the arbitration agreement after the agreement was assigned away. Appellants argue that the presumption in favor of arbitration should govern, and entitles them to enforce rights to compel arbitration notwithstanding the assignment, particularly where the case involves alleged antitrust violations that predate the assignment. There are three relevant arbitration agreements involved, some more broadly-written than others.

The case was argued before Judges Riley, Colloton, and Kelly.

Here is a link to the streaming audio version of the argument: http://media-oa.ca8.uscourts.gov/OAaudio/2016/5/151786.mp3

It may also be downloaded from this link: ftp://media-oa.ca8.uscourts.gov/OAaudio/2016/5/151786.mp3

Eighth Circuit Bar Association Information

  • The Association’s membership year runs from July 1 through June 30. Online renewal is available at www.eighthcircuitbar.com.

Editors: Vince Chadick, Quattlebaum, Grooms & Tull, PLLC, Springdale, Ark.

Katie Walsh, Office of the Missouri Attorney General, St. Louis, Mo.

Contributors: John Baker, Greene Espel PLLP, Minneapolis, Minn.

Landon Magnusson, Lathrop & Gage LLP, Kansas City, Mo.

Brian Walsh, Bryan Cave LLP, St. Louis, Mo.

Cases discussed in this Update may involve officers or directors of the Eighth Circuit Bar Association, editors or contributors to this Update, or their colleagues.

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