Missouri Supreme Court Quarterly Report, January 2020″”Part 3: Time to Resolve

by Jim Layton On average, the Court handed down its opinion 146 days after oral argument, consistent with the figures for the first and third quarters. But that average was measurably affected by two cases: City of Chesterfield v. State was handed down 468 days after oral argument, and City of Aurora v/ Spectra Communications was handed down a whopping 579 days after oral argument. In each, the Court, in opinions authored by Judge Breckenridge, significantly changed the analysis to

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Missouri Supreme Court Quarterly Report, January 2020 Part 2: Authors and Dissents

by Jim Layton “Most prolific” during the fourth quarter were three judges who each wrote five opinions. Judge Fischer wrote five opinions for the majority. Judge Wilson wrote four for the majority and one dissent. And Chief Justice Draper wrote just two for the majority but three dissents. Judge Powell wrote three majority opinions. Judge Breckenridge wrote two for the majority. Judge Russell wrote one for the majority and one dissent. And Judge Stith wrote one for the majority. The

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Missouri Supreme Court Quarterly Report, January 2020 Part 1: Types, Routes, and Results

by Jim Layton The 4th quarter of 2019 saw the handing down of 19 opinions (excluding attorney discipline cases). That compares with 21 opinions in each of the 1st and 2nd quarter, and 13 in the 3rd quarter. Of the 19 opinions, just 2 were in criminal cases. Seven of the cases decided in the fourth quarter came directly to the Court on appeal. Four were in writ proceedings. This quarter, the most transfer cases came from the Southern District:

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H-1B Update Summary

by Kristine Nazir and Melanie Keeney On December 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it has completed a successful the pilot testing phase for the online H-1B lottery registration system. The new system will be implemented in the next H-1B lottery for fiscal year 2021. Employers seeking to file H-1B cap-subject petitions for fiscal year 2021, must first electronically register and pay the associated $10 H-1B registration fee.   The registration process

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Illinois Special Education Law Update, HB 3586 Gets Some Minor Changes

by Elizabeth Kelly and Merry Rhoades Last week, the Illinois General Assembly wrapped up its fall veto session. Notably, one of the items on the veto session agenda was HB 3586 ““ the new law from August 2019 impacting school districts and special education cooperatives across the state. Though no great substantive changes were made to HB 3586, below is a quick overview of what has changed under veto session legislation SB 0460. Hit the Pause Button on HB 3586

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Missouri Supreme Court Quarterly Report, October 2019 Part 3: Time to Resolve

By Jim Layton On average, the Court handed down its opinion 156 days after oral argument, returning to a figure close to the first quarter’s 160-day turnaround. The fastest resolutions after argument were SC97599, Macke v. Patton, and SC97591, Mo. Coalition v. Clean Water Cmsn.””both argued on May 14 and decided, unanimously, July 16 with opinions written by Judges Fischer and Powell. Macke v. Patton was also the appeal resolved most quickly since filing: just 133 days after it was

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Missouri Supreme Court Quarterly Report, October 2019, Part 2: Authors and dissents

By Jim Layton Judge Powell lost the “most prolific” title to Judge Stith: Judge Stith authored 3 majority opinions (one more than Judge Powell) and 2 dissents (tying Judge Powell). Only Judge Stith authored more than 2 majority opinions, and Judge Breckenridge and Chief Justice Draper authored just 1 each. The number of majority opinions authored so far this year are:

  • Judge Powell: 11
  • Judge Russell: 9
  • Judge Stith: 9
  • Chief Justice Draper: 8
  • Judge Fischer: 7
  • Judge Wilson:
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Missouri Supreme Court Quarterly Report, October 2019, Part 1: Types, routes, and results

By Jim Layton The 3rd quarter of 2019, which includes the summer doldrums, saw the handing down of just 13 opinions (excluding attorney discipline cases). That compares with 21 opinions in each of the 1st and 2nd quarter. Of the 13 opinions, 4 were in criminal cases, 1 in a juvenile commitment, and 8 in civil cases. Four of the cases decided in the first quarter came directly to the Court on appeal””a lower number but higher percentage than earlier

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New Efforts to Prevent Sexual Misconduct in Missouri Schools

House Bill 604, signed by Missouri Governor Mike Parson on July 11, 2019, attempts to close loopholes by tightening up prevention methods and outlining new required training for board members as well as students. Below are the new requirements: Screening for Volunteers– As of August 28, 2019, any school volunteer who will be left alone with a student will first be required to pass a background check. These volunteers could include, but are not limited to:

Missouri Supreme Court Quarterly Report, July 2019, Part 2: Types, Routes, and Results

Types of cases decided by the Court: The majority of the cases decided by the Missouri Supreme Court in the second quarter of 2019 were civil cases: In 21 opinions, the Court decided appeals in 8 criminal and 14 civil cases. Routes to the Court:

  • 5 of the cases decided in the first quarter came directly to the Court on appeal (compared to 6 in the first quarter).
  • 11 came via writ petitions (compared to 10).
  • 6 came on
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