Bobby Shepherd

Bobby Shepherd

Nonpartisan

United States Court of Appeals for the 8th Circuit

Tenure

2006 - Present

Years in position

18

Education

Bachelor's

Ouachita Baptist University, 1973

Law

University of Arkansas School of Law, 1975

Personal

Birthplace

Arkadelphia, Ark.

float:right;
border:1px solid #FFB81F;
background-color: white;
width: 250px;
font-size: .9em;
margin-bottom:0px;

} .infobox p { margin-bottom: 0; } .widget-row { display: inline-block; width: 100%; margin-top: 1px; margin-bottom: 1px; } .widget-row.heading { font-size: 1.2em; } .widget-row.value-only { text-align: center; background-color: grey; color: white; font-weight: bold; } .widget-row.value-only.white { background-color: #f9f9f9; } .widget-row.value-only.black { background-color: #f9f9f9; color: black; } .widget-row.Democratic { background-color: #003388; color: white; font-weight: bold; } .widget-row.Republican { background-color: red; color: white; font-weight: bold; } .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { background-color: grey; color: white; font-weight: bold; } .widget-row.Libertarian { background-color: #f9d334; color: black; font-weight: bold; } .widget-row.Green { background-color: green; color: white; font-weight: bold; } .widget-key { width: 43%; display: inline-block; padding-left: 10px; vertical-align: top; font-weight: bold; } .widget-value { width: 57%; float: right; display: inline-block; padding-left: 10px; word-wrap: break-word; } .widget-img { width: 150px; display: block; margin: auto; } .clearfix { clear: both; }

Bobby E. Shepherd is a federal judge on the United States Court of Appeals for the 8th Circuit. He joined the court on October 10, 2006, after being nominated by former President George W. Bush. Prior to his appointment, Shepherd was a U.S. magistrate judge on the U.S. District Court for the Western District of Arkansas from 1993 to 2006.

Early life and education

A native of Arkadelphia, Arkansas, Shepherd earned his B.A. from Ouachita Baptist University in 1973 and his J.D. from the University of Arkansas School of Law in 1975.

Professional career

• 2006 - Present: Judge, United States Court of Appeals for the 8th Circuit
• 1993-2006: Magistrate judge, United States District Court for the Western District of Arkansas
• 1991-1993: Circuit-chancery judge, Arkansas' 13th Judicial District
• 1976-1990: Private practice, Arkansas

Judicial career

Eighth Circuit Court of Appeals

Nomination Tracker
Nominee Information
Name: Bobby E. Shepherd
Court: United States Court of Appeals for the 8th Circuit
Progress
Confirmed 63 days after nomination.
ANominated: May 18, 2006
AABA Rating: Unanimously Well Qualified
Questionnaire:
AHearing: June 28, 2006
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
AReported: July 13, 2006
AConfirmed: July 20, 2006
AVote: Voice vote

Shepherd was nominated by President George W. Bush to a seat on the United States Court of Appeals for the 8th Circuit vacated by Judge Morris Arnold, who assumed senior status. The American Bar Association rated Shepherd Unanimously Well Qualified for the nomination. Hearings on Shepherd's nomination were held before the United States Senate Committee on the Judiciary on June 28, 2006, and his nomination was reported by U.S. Sen. Arlen Specter (R-Pa.) on July 13, 2006. Shepherd was confirmed on a voice vote of the U.S. Senate on July 20, 2006, and he received his commission on October 10, 2006.

Magistrate judge, Western District of Arkansas

Shepherd served as a federal magistrate judge on the United States District Court for the Western District of Arkansas from 1993 to 2006.

Noteworthy cases

SCOTUS reverses Eighth Circuit on issue preclusion ruling (2015)

See also: United States Court of Appeals for the 8th Circuit (B&B Hardware v. Hargis Industries Inc.)

On March 24, 2015, the U.S. Supreme Court reversed the judgment of a three-judge panel of the United States Court of Appeals for the 8th Circuit in B&B Hardware v. Hargis Industries Inc. Judge Bobby Shepherd wrote the opinion of the circuit panel.

B&B held a trademark to a product called "Sealtight." B&B registered its trademark in 1993. Three years later, Hargis attempted to register a product called "Sealtite." B&B opposed the application and filed a trademark infringment claim against Hargis. The Trademark Trial and Appeal Board (Board) determined that there was a likelihood of confusion between the two trademarks. Based on this, the Board denied Hargis' application. Hargis appealed the decision in federal district court. The court held that, because the Board was not an Article III court, the court was not required to enter the Board's decision into evidence. A jury found in favor of Hargis and a three-judge panel of the Eighth Circuit, in an opinion by Judge Bobby Shepherd, affirmed.

Writing for a seven-justice majority, Justice Samuel Alito reversed the circuit panel, holding that "when parties have had an adequate opportunity to litigate an issue of fact and an administrative agency acting in a judicial capacity properly resolves the issue, re-litigation is precluded unless Congress has indicated otherwise."

See also

• United States Court of Appeals for the 8th Circuit

External links

• Judge Shepherd's biography from the Federal Judicial Center

Footnotes

Political offices
Preceded by -	United States Court of Appeals for the 8th Circuit 2006-Present	Succeeded by -