Sep 21, 2012
On August 9, 2012, Arbitrator George L. Fitzsimmons issued a decision finding for the employer, Mid-State Special Education District, and denying a grievance filed by an employee of the District, and her union, the Illinois Education Association (IEA). The employee and the IEA filed a grievance in September 16, 2012, arguing that the District had improperly placed the employee on Step I of the salary schedule following her return to work after a one year absence, when the employee
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Aug 30, 2012
Ian Cooper and Amy Leech Clendennen won an appeal in the Missouri Court of Appeals for the Southern District for Missouri State University. The appellant, Dr. Mary Anne Jennings, claimed that the University breached its covenant of good faith and fair dealing against the University, and further argued that she was entitled to a declaratory judgment against the University. Ian and Amy prevailed at the trial court level and again on appeal. On August 27, 2012,
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Aug 15, 2012
“Close to 500 school superintendents, administrators and school board members from across the State of Missouri attended Tueth Keeney’s Annual School Law Seminars held in July, 2012. Tueth Keeney presents the seminars annually to clients and members of the education community on a broad range of legal topics that affect school districts. The Seminars were held over three days across the state in Blue Springs, MO, Lake of the Ozarks, MO,
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Jul 28, 2012
In a case of significance to all institutions of higher education and employers generally, Ian Cooper won a victory on behalf of Southern Illinois University before the U.S. Court of Appeals Seventh Circuit in the case Milligan vs. Southern Illinois University. In a 34-page, 2-1 decision, the Seventh Circuit affirmed the summary judgment that Ian and Kate Nash won before the district court. The Court held that the University’s response to the student/employee’s complaints of harassment was adequate
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Jul 6, 2012
Rob Jackstadt secured an Order from the federal court remanding a construction contract claim back to the state court on a case that was removed to the United States District Court for the Southern District of Illinois. In Edwardsville Comm. Unit District No.7 v. K & S Associates, Inc. the construction contract stated that “the parties agree that the forum for any judicial proceedings, if any, shall be the Madison County Circuit Court.” The defendant contractor, however, claimed
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Jun 22, 2012
Merry Rhoades from Tueth Keeney Law Firm assisted in updating the “Illinois Council of School Attorneys’ Guide to Illinois Statutes Affecting Schools, which serves as a handy reference to those Illinois statures that are not in The School Code but but are occasionally involved in the resolution of issues faced by school districts. It references statutes in force as of Jan. 1, 2013. The guide was prepared by an ICSA committee as part of the
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Jun 22, 2012
John Mohan obtained a ruling on June 21, 2012 from the Division of Workers”™ Compensation finding that a claimant was not entitled to any benefits from the Firm’s client, Centaur Building Services. The claimant, a 48-year old former employee of the Firm’s client, was seeking permanent total disability benefits from both Centaur and the Second Injury Fund. She was also seeking payment of her future lifetime medical and psychiatric expenses which were estimated in excess of $20,000
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Jun 5, 2012
Firm attorneys Tom Tueth, Margaret Hesse and Amy Clendennen succeeded in overturning a law that prohibited the Parkway School District from operating a recycling facility. The lawsuit challenged the constitutionality of a Missouri statute on the basis that the statute was “special legislation” directed at just the District.
The statute prohibited school districts that fell within a very narrowly defined class from operating a recycling facility near residential property. The Parkway School District is the only school district
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May 25, 2012
Kate Nash and Ian Cooper were featured speakers at the Missouri Community College Association’s annual meeting on May 24, 2012. Ian and Kate were invited to provide a legal update to the Associaiton focusing on First Amendment issues on community college capuses, including student organizations and expressive association, employee speech, and political speech on campus. Ian Cooper is a founding Shareholder of Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C. Prior to founding the
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Mar 17, 2012
On March 16, 2012, Amy Leech Clendennen presented at the National Business Institute’s “Missouri Special Education Law Seminar” in Clayton, MO. Ms. Clendennen’s presentation focused on the handling of disciplinary actions for students with special needs. Among the topics discussed were: (1) providing services during disciplinary removal, (2) defining functional behavioral assessments, manifestation determinations, (3) protections for children not yet eligible for special education services, (4) changes in placement, and (5) due process issues regarding special education
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Ian P. Cooper
Celynda L. Brasher
Kate L. Nash
Laura E. Hemmer
Margaret A. Hesse
Melanie Gurley Keeney
Michelle H. Basi
Robert L. Jackstadt
Merry Rhoades