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Eighth Circuit holds arguments at Drake

November 4, 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.

More information about the Eighth Circuit is at http://www.ca8.uscourts.gov/.