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US Circuit Court of Appeals
8th Circuit Case Summaries

2004/05/21

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FINDLAW DAILY OPINION SUMMARIES - May 21, 2004
U.S. 8TH CIRCUIT COURT OF APPEALS
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TABLE OF CONTENTS

CIVIL RIGHTS, DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, LABOR &
EMPLOYMENT LAW
* FABER v. MENARD, INC.

CONSTITUTIONAL LAW, FOOD & BEVERAGES
* SMITHFIELD FOODS, INC. v. MILLER

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
* CHESNEY v. US

CRIMINAL LAW & PROCEDURE, JUVENILE LAW, SENTENCING
* US v. J.W.T.

GOVERNMENT BENEFITS
* HATCHER v. BARNHART

PER CURIAM
* JACKSON v. HOMECHOICE, INC.

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CIVIL RIGHTS, DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

FABER v. MENARD, INC., No. 03-3075 (8th Cir. May 21, 2004)
Fee-splitting provision in arbitration agreement does not, by
itself, make the agreement unconscionable; rather, the court must
conduct a case-by-case review to determine whether the fees are
cost-prohibitive and preclude the vindication of statutory rights in
an arbitral forum; if so, the court should sever that clause and
then compel arbitration.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033075p.pdf

CONSTITUTIONAL LAW, FOOD & BEVERAGES

SMITHFIELD FOODS, INC. v. MILLER, No. 03-1411 (8th Cir. May 21,
2004)
Question of whether Iowa Code section 9H.2, regulating pork and beef
processors' activities, violates the dormant Commerce Clause was not
mooted by 2003 amendment to that section; remanded to determine
whether the new section unconstitutionally discriminates against
interstate commerce; if the discrimination is only incidental, the
court must determine whether the burden on commerce is clearly
excessive in relation to the putative local benefits.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/031411p.pdf

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

CHESNEY v. US, No. 03-2729 (8th Cir. May 21, 2004)
Plea agreement did not waive petitioner's right to argue that his
waiver of the right to file post-sentencing pleadings was the result
of ineffective assistance of counsel; however, the record
establishes that his decision to do so was not the product of
ineffective assistance.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/032729p.pdf

CRIMINAL LAW & PROCEDURE, JUVENILE LAW, SENTENCING

US v. J.W.T., No. 03-3221 (8th Cir. May 21, 2004)
Amendment to 18 U.S.C. section 5037 authorizing juvenile delinquent
supervision does not apply to acts of delinquency committed prior to
November 2, 2002; accordingly, the section could not be applied to
defendant, and the court erred in imposing a sentence of supervised
release.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033221p.pdf

GOVERNMENT BENEFITS

HATCHER v. BARNHART, No. 03-3459 (8th Cir. May 21, 2004)
Denial of disability benefits to a fibromyalgia victim is remanded
for reconsideration in light of this court's recent decision in Cox
v. Barnhart.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033459p.pdf

PER CURIAM

JACKSON v. HOMECHOICE, INC., No. 03-2288 (8th Cir. May 21, 2004)
Civil Rights, Injury And Tort Law, Labor & Employment Law

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/032288p.pdf

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