Missouri Supreme Court Quarterly Report, July 2019, Part 1: Who? And how long did it take?

During the second quarter of 2019, April-June, the Missouri Supreme Court handed down 21 opinions, deciding 22 cases””about the same as the first quarter. This first part of my quarterly report details who wrote the Court’s opinions, and how long the Court took to issue opinions. Who:

  • Judge Powell was again the most prolific writer: he authored 4 majority and 3 other opinions. At the other extreme, Judge Wilson authored just 1 opinion””for the majority.
  • The judge who most
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Missouri Supreme Court Quarterly Report, April 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 first quarter of 2019 were civil cases: The Court decided 3 criminal cases and 1 discipline matter; the other 20 cases were civil. Routes to the Court.

  • 6 of the cases decided in the first quarter came directly to the Court on appeal.
  • 10 came via writ petitions.
  • 8 came on transfer from the Court of Appeals””3
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Missouri Supreme Court Quarterly Report, April 2019, Part 1: Who? And how long did it take?

During the first quarter of 2019, January-March the Missouri Supreme Court handed down 21 opinions, deciding 24 cases. This first part of my quarterly report details who wrote the most opinions, and how long the Court took to issue opinions. Who:

  • Judge Powell was the most prolific writer: he authored 5 majority and 3 other opinions. At the other extreme, Judge Breckenridge authored just 1 majority opinion and 1 concurring opinion.
  • The judge who most often authored or joined
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Clarifying “Judicial Estoppel,” Missouri Supreme Court Bars Employee From Making Conflicting Claims in Separate Cases

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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Missouri Supreme Court Addresses Questions of Sex Stereotyping, Transgender Students, and Administrative Law

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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Comment Period on Proposed Title IX Regulations Draws to a Close

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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Employment, Higher Education, and Immigration Law Intersect in Missouri Supreme Court Decision

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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New Year, New Rules, An Overview of New Legislation in Illinois for 2019 Affecting Education

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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How Will the USCIS’s Recent Policy Changes Impact Your Employees?

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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Tueth Keeney’s Jim Layton Explains Changes in Missouri Appellate Rules

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:

  • The move to a “system-generated
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