Jackson v. Flint Ink North American Corp., 370 F.3d 791 (8th Cir. 2004) was overturned on request for rehearing. On the petition for rehearing, the Court of Appeals, having had additional facts pointed out on rehearing, held that work environment faced by worker was objectively hostile, and thus was actionable arguably. Jackson v. Flint Ink North American Corp., 382 F.3d 869 (8th Cir. 2004).
There is some inconsistency in the treatment of this case in the reports. West’s reports that rehearing on this case was denied on September 3, 2004. Of course, West’s also published the decision on reconsideration (dated August 24, 2004). Plaintiff's counsel suspects that it is due to this inconsistent treatment that some courts continue to cite this case as authority without noting its subsequent history. See, e.g. Griffey v. Daviess/Dekalb County Regional Jail¸ Case No. 10-06099-CV-SJ-DGK p. 10 (W.D. Mo. 2012); Bell v. Amercian Greetings Corp., 3:04CV00303-WRW, 2007 WL 473693 (E.D. Ark. Feb. 8, 2007), n.43; aff'd sub nom. Bell v. Am. Greetings Corp., 279 F. App'x 415 (8th Cir. 2008); Carlson v. Leprino Foods Co., 522 F. Supp. 2d 883, 889 (W.D. Mich. 2007); Lindsey v. Cube Corp., 386 F. Supp. 2d 1037, 1040 (W.D. Ark. 2005); Brown v. Arkansas State Highway & Transp. Dept., 358 F. Supp. 2d 729, 734 (W.D. Ark. 2004) aff'd sub nom. Brown v. Arkansas State Highway & Trans. Dept., 166 F. App'x 885 (8th Cir. 2006).