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

Byline: Minnesota Lawyer

Civil Opinions

Administrative

Disability Insurance and SSI

After being laid off, petitioner filed for disability benefits, alleging problems with her back, knee, thumb, and incontinence. An ALJ denied petitioner's application, finding her statements concerning the limiting effects of her alleged symptoms to be not entirely credible and concluding that they did not limit her ability to perform basic work in her prior job.

Where ALJ found petitioner's testimony concerning her medical and physical limitations to be not entirely credible, ALJ was not required to ask vocational expert about hypothetical limitations or determine petitioner's residual functional capacity according to alleged limitations. Judgment is affirmed.

17-1726 Nash v. Commissioner, Social Security Administration, appealed from the Eastern District of Arkansas, Benton, J. http://media.ca8.uscourts.gov/opndir/18/11/171726P.pdf

Administrative

Lanham Act; Trademark Violation; Laches

Plaintiff filed suit alleging Lanham Act violations through defendants' use of plaintiff's registered marks. After the jury rendered a verdict for plaintiff, the District Court ruled that plaintiff could not recover from the dissolved corporate defendant or from the individual defendants pursuant to laches, finding that plaintiff knew defendants were selling products bearing one of plaintiff's marks.

Where the District Court applied laches to infringement claim that was ultimately rejected by court because alleged products were not infringing, remand was necessary to determine whether record on remaining infringement claims supported enforcement of equitable defense of acquiescence and laches. Judgment is reversed and remanded in part.

17-1762 Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., appealed from the District of South Dakota, Arnold, J. http://media.ca8.uscourts.gov/opndir/18/11/171762P.pdf

Administrative

SSI; Termination of Benefits; Dismissal of Civil Action

Plaintiff appealed from the District Court's grant of the dismissal motion filed by the commissioner of the Social Security Administration. Plaintiff sought to challenge the 1999 termination of her SSI benefits.

Where the District Court committed no error warranting reversal, the court affirmed the dismissal of plaintiff's challenge to the termination of her benefits. Judgment is affirmed

18-1682 Richter v. Commissioner, Social Security Administration, appealed from the District of Nebraska, per...

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