Katherine M Swenson

June 17, 2020 | Law.com

Ultimately, the Eighth Circuit's decision in 'Mitchell' reflects that the removal of the children from their father's custody was not unlawful given the evidence of physical harm to the children and the government's "compelling interest in protecting minor children, especially when it is necessary to protect them from their parents."

By John M. Baker and Katherine M. Swenson

7 minute read

May 18, 2020 | Law.com

A recurring question in §1983 cases is whether unarmed, fleeing suspects pose the requisite threat to officers or others to justify the use of deadly force. Related questions include the availability of qualified immunity at the summary-judgement stage. A recent Eighth Circuit decision embodies conflicting views on this subject.

By John M. Baker and Katherine M. Swenson

7 minute read

March 11, 2020 | Law.com

The court affirmed a preliminary injunction against enforcement of an Arkansas statute that prohibits campaign contributions from being made during a two-year "blackout" period well before an election.

By John M. Baker and Katherine M. Swenson

6 minute read

December 18, 2019 | Law.com

The merits ruling is the latest in a series of decisions invalidating typical panhandling ordinances in the wake of a 2015 decision of the U.S. Supreme Court that embraced a broader view of content discrimination. But a dissent on the question of whether the state should have been barred from enforcing the law against "everyone else" may increase the chances of Supreme Court review.

By John M. Baker and Katherine M. Swenson

7 minute read

November 18, 2019 | Law.com

it was not until October 2019 that the Eighth Circuit analyzed the unconscionability of an arbitration clause in a retainer agreement between a law firm and its client. The court concluded, without fully addressing the issue of unconscionability, that the law firm cured any potential substantive unconscionability by offering to pay the client's share of the arbitration costs—but left open the possibility that arbitration fees might render an agreement unconscionable in another case.

By John M. Baker and Katherine M. Swenson

6 minute read