Aug 19, 2020
by James R. Layton and Margaret A. Hesse Recently, researchers reported on the gender of attorneys arguing before the U.S. Supreme Court and other appellate courts. As a woman-owned law firm, those reports caught our attention. As the Missouri Supreme Court returns to oral arguments after its summer break, we contribute to that growing body of articles with a look at the gender of those who argue before that Court.
Women on the bench
Before turning to who argues at
read more
Aug 18, 2020
On August 12, 2020, the State Department issued new guidance that expanded the ways foreign nationals and their employers could overcome Presidential Proclamation 10052 and its suspension of entry of foreign nationals on H-1B, L-1 and certain other temporary visas until at least December 31, 2020. The guidance broadened the “national interest exceptions” to the June 22nd proclamation. Overall, the guidance provided an exception for health-care professionals working to alleviate the effects of COVID-19; travel supported by a request from
read more
Jul 24, 2020
by Adam Henningsen The U.S. Supreme Court recently issued an important decision concerning the “ministerial exception” to federal employment discrimination laws. The ministerial exception is a legal doctrine that protects religious entities from being sued for alleged discrimination. Courts generally refrain from adjudicating matters involving employment decisions regarding employees who perform certain functions for churches and other religious institutions. This “ministerial exception” comes from the First Amendment principle that governmental regulation of church administration, including the appointment of ministers, impedes
read more
Jul 23, 2020
by Jim Layton Governor Parson has completed action on bills passed by the 2020 Missouri General Assembly. Many of the bills the governor signed may affect Tueth Keeney clients. Among the significant provisions of those bills, most of which become effective August 28:
- The tort reform bill changes the law regarding punitive damages. It imposes new procedural requirements and a higher burden of proof, bars juries from basing punitive damage awards on harm to persons other than plaintiffs in
read more
Jul 22, 2020
by Jim Layton The American Academy of Appellate Lawyers, a select group of very experienced appellate advocates, has published its recommendations for appellate courts to hear oral arguments remotely. The recommendations were prepared by a task force led by Academy Fellow Jim Layton of Tueth Keeney. They were based on the remote argument experience of Academy Fellows, their colleagues, and clients. The recommendations emphasize three principles:
- That remote oral argument be used instead of submitting on the briefs cases
read more
Jun 24, 2020
As anticipated, on Monday, June 22, 2020, President Trump issued a Presidential Proclamation (also referred to as Executive Order) that temporarily suspends entry into the United States of certain foreign nationals seeking to enter in the following visa categories: H-1B (specialty occupation workers), H-2B (seasonal non-agricultural workers), L-1 (intracompany transferees) and certain J-1 visa holders (intern, trainee, teacher, camp counselor, au pair, or certain summer work travel program workers). This temporary suspension on entry also applies to the dependents of
read more
Jun 22, 2020
by Adam Henningsen & Mollie Mohan On June 15, 2020, the U.S. Supreme Court ruled that the federal law prohibiting sex discrimination in the workplace also protects against discrimination based on sexual orientation and gender identity. The Bostock v. Clayton County decision consolidated three separate cases that dealt with alleged discrimination in the workplace. In each case, the plaintiffs alleged that their employers fired them after learning of their sexual orientation or transgender status. The central
read more
Jun 19, 2020
by Kristine Nazir On June 18, 2020, the Supreme Court ruled that the Trump administration’s termination of the program known as Deferred Action for Childhood Arrivals, or DACA, was “arbitrary and capricious,” in violation of federal law that governs administrative procedure. The ruling will protect hundreds of thousands of young immigrants, an estimated 700,000 recipients, who have been shielded from deportation and allowed to receive work permits under the program. The government agency responsible for processing DACA applications, U.S. Citizenship
read more
Jun 17, 2020
by Rob Jackstadt On June 12, 2020, Governor J.B Pritzker inked Senate Bill 2135 which permits School Boards to conduct remote open and closed meetings under certain circumstances. Boards of Education may hold public meetings and conduct public business remotely if (a) the Governor or the Director of the Illinois Department of Public Health has issued a disaster declaration related to public health concerns and (b) the Board President determines that meeting in-person in not practical or prudent because of
read more
Jun 11, 2020
In December of 2018, Ian Cooper and Mollie Mohan won a Judgment for the City of Columbia, Missouri in Boone County Circuit Court. The case, Sanders v. City of Columbia, involved a former Police Officer for the City who was dismissed following his use of force on a prisoner in a holding cell. The former Officer filed suit seeking reinstatement, back pay, benefits, and other relief. A Judge in the Cole County Circuit Court initially ruled in favor of the
read more
James R. Layton
Margaret A. Hesse
Diane E. Metzger
Melanie Gurley Keeney
Mollie G. Mohan
Robert L. Jackstadt
Ian P. Cooper