Caitlinrose Fisher

December 16, 2020 | Law.com

On Nov. 20, 2020, a divided Eighth Circuit panel deferred to a state agency's interpretation of an ambiguous federal regulation, in a decision that the dissent described as an "unveiling of 'Voigt' deference."

By Caitlinrose Fisher

5 minute read

February 24, 2020 | Law.com

On Dec. 27, 2019, the Eighth Circuit affirmed a district court's denial of a party's request to depose opposing counsel in a pending case. The Eighth Circuit reaffirmed the standard it set forth in 'Shelton v. American Motors', 805 F.2d 1323 (8th Cir. 1986), and clarified that under the 'Shelton' test, a party may depose opposing counsel only if the information sought is: (1) not available through other means; (2) relevant and nonprivileged; and (3) crucial to the preparation of the case.

By Caitlinrose Fisher

5 minute read