Mar 20, 2019
In a decision handed down March 19, 2019, a unanimous Missouri Supreme Court clarified and applied the doctrine of “judicial estoppel.” “Judicial estoppel is invoked to protect the dignity of the judicial proceedings and to prevent parties from playing fast and loose with the judicial process by taking inconsistent positions in two different proceedings,” the Court said. This was the first time the Court has addressed judicial estoppel since the U.S. Supreme Court considered and endorsed it in a 2001
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Mar 1, 2019
In two decisions handed down on February 26, 2019, the Missouri Supreme Court waded into two questions under the Missouri Human Rights Act (MHRA): whether sex stereotyping is enough to constitute a claim under the MHRA, and whether a student transitioning from female to male can insist on access to restrooms and locker rooms reserved for males. The court also waded into a question of proper procedure under Missouri administrative law. But in no respect did the Court””or at least
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Jan 24, 2019
The deadline to submit comments on the proposed Title IX regulations is quickly approaching. The Notice of Proposed Rulemaking on Title IX was released by the Department of Education on November 16, 2018, and was published in the Federal Register on November 28, 2018, starting the clock on the 60 day comment period. Comments can be submitted through the Federal eRulemaking Portal at Regulations.gov. To date, over 66,000 comments have been submitted in response
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Jan 17, 2019
Five areas in which Tueth Keeney attorneys have particular expertise””employment, higher education, and immigration, as well as trial and appellate litigation””intersected in an unusual set of facts addressed by the Missouri Supreme Court on January 15, 2019. The case was Kader v. Board of Regents of Harris-Stowe University. Professor Kader, an Egyptian national, was teaching at Harris-Stowe University using a J-1 visa””which the court describes as “a non-immigrant visa for individuals approved to participate in work- and
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Jan 11, 2019
As I tore away the last page of my 2018 daily calendar, disappointed that I no longer would be greeted each morning with the wit of a New Yorker Magazine cartoon, I resolved to kick off 2019 with an exciting adventure. After some thought, I settled on diving into the over 250 new Illinois laws waiting for us here in 2019! The end result of my adventure? An overview of the new laws affecting the world
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Oct 25, 2018
Under the current administration, the immigration field has experienced many changes in policy that have impacted foreign nationals. While work visas are still a viable option for businesses, it is important to understand the current legal landscape and policy trends. This article is aimed at providing an update and suggested best practices regarding several recent policy changes that may directly affect your workforce. Premium Processing Suspended for Certain H-1B Petitions On August 28, 2018, the U.S. Citizenship and Immigration
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Oct 16, 2018
In the September-October issue of The Journal of the Missouri Bar, Jim Layton, who leads Tueth Keeney’s appellate practice, writes about changes in the rules regarding appeals in Missouri courts. Jim serves on two of the groups that proposed the changes to the Missouri Supreme Court: the Supreme Court’s Appellate Practice Committee, and the Office of State Courts Administrator’s Efiling Rules Task Force. Jim highlights three changes:
Aug 1, 2018
Last month, Tueth Keeney attorneys Rob Jackstadt and Chad Watkins successfully argued before the Williamson County Circuit Court that that a regional board of school trustees”™ decision should be reversed. (See In the News for more information about this case.) The Circuit Court’s decision further elucidates the meaning of recent changes to the factors that must be weighed by a regional board of school trustees when deciding whether to grant a petition to detach from a school district’s territory.
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Jul 17, 2018
Today the Missouri Supreme Court overruled both the Missouri Public Service Commission and the Missouri Court of Appeals, Western District, in a victory for a company trying to build a transmission line to carry wind-generated energy from western Kansas to Missouri and to states farther east. Concluding that it was bound by a recent decision by the Western District, the PSC refused a certificate of need for the project. Jim Layton, head of Tueth Keeney’s appellate practice group, teamed up
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Mar 7, 2018
On February 22, 2018, U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum clarifying the requirements for H-1B petitions filed on behalf of workers who will be employed at one or more third party worksites. In other words, this guidance applies to foreign workers seeking H-1B status who will be assigned by their employers to work at an end-client’s facility or worksite, rather than at the actual employer’s facility or worksite. This new guidance will affect certain
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James R. Layton
Michelle H. Basi
Mollie G. Mohan
Kate L. Nash
Veronica E. Potter
Melanie Gurley Keeney
Robert L. Jackstadt