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Home / Opinions / 8th U.S. Circuit Court of Appeals / 8th U.S. Circuit Court of Appeals Digest: Nov. 3, 2021
Eagleton Federal Courthouse 8th U.S. Court of Appeals Eastern District
The Thomas F. Eagleton Federal Courthouse in St. Louis, where the 8th U.S. Circuit Court of Appeals resides. (File photo)

8th U.S. Circuit Court of Appeals Digest: Nov. 3, 2021

Civil Practice


Products Liability

Discovery; Statute Of Limitations

Where plaintiffs challenged an adverse grant of summary judgment in their diversity products liability action, the claims were untimely under Iowa’s discovery rule, and the defendants were not estopped from asserting a statute-of-limitations defense because the plaintiffs did not show that they relied on the defendants’ alleged misrepresentations. Judgment is affirmed.

21-1769 Kelly v. Ethicon, Inc., per curiam. Appealed from U.S. District Court, Northern District of Iowa.



Title IX

Gender Discrimination; Treatment And Benefits

Where a university challenged a judgment against it in a gender discrimination action brought under Title IX by female student athletes after the university shut down several women’s sports for budget reasons, the district court did not clearly err by finding that the university used a tier system for dividing some teams and the court correctly concluded that the university violated Title IX by not providing equitable participation opportunities for men and women, but the court erred in its consideration of the allocation of benefits for the treatment-and-benefits analysis and in failing to address the treatment and benefits afforded to the women’s volleyball team, so the judgment is reversed and remanded in part for further proceedings. Judgment is affirmed in part; reversed in part.

19-2921 Portz v. St. Cloud State University, Grasz, J. Appealed from U.S. District Court, District of Minnesota.



Criminal Law



Armed Career Criminal; Jurisdiction

Where a defendant, who pled guilty to being a felon in possession of a firearm, challenged his sentence, the district court did not err in concluding that the defendant qualified as an armed career criminal, and the court was not deprived of jurisdiction, so the judgment is affirmed.

21-2062 U.S. v. Meggs, per curiam. Appealed from U.S. District Court, Western District of Arkansas.

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