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Eighth Circuit holds arguments at Drake Thursday, Nov. 4

October 13, 2010

The United States Court of Appeals for the Eighth Circuit will hold oral arguments at 1 p.m. Thursday, Nov. 4, in the courtroom of the Neal and Bea Smith Law Center.

The panel will consist of Judge Duane Benton of Kansas City, Mo., Judge Kermit Bye of Fargo, N.D., and Chief Judge William Riley of Omaha.

The Eighth Circuit is the court immediately below the U.S. Supreme Court. The court was last at Drake in 2007.

The hearing is open to the public. Each person entering the courtroom must pass a wand screening by Federal Security personnel.

The court will hear three cases:

  • In Haigh v. Gelita USA Inc., the appellant asks the court to reverse a grant of summary judgment in favor of defendant and send the case back for trial. The issue involves an age discrimination claim under the Age Discrimination in Employment Act (ADEA). U.S. District Judge O'Brien presided at the trial. The primary case relied on by counsel Michael Carroll is Gross v. FBL, which was the case heard at Drake when the Eighth Circuit was here in 2007 and which was ultimately decided by the United States Supreme Court in 2009.
  • In Preston v. City of Pleasant Hill, the plaintiff 's claims based on federal question jurisdiction were dismissed on summary judgment. Plaintiff had been terminated from his position as fire inspector/investigator as a volunteer firefighter. Plaintiff contents a violation of procedural due process. U.S. District Judge John Jarvey granted defendant 's motion for summary judgment.
  • In Young-Losee v. Graphic Packaging International Inc., plaintiff appeals dismissal of claims on summary judgment. Plaintiff makes a gender retaliation claim alleging that termination occurred after her complaints about harassment and discrimination. U.S. District Judge John Jarvey granted defendant 's motion for summary judgment.