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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Jim Layton Speaks about Missouri Constitution and Appointment of a Lieutenant Governor

Jim Layton, leader of Tueth Keeney’s appellate practice group and former Missouri Solicitor General, was interviewed this week by reporters looking at the authority of Missouri Governor Mike Parson to appoint his successor as lieutenant governor. Jim taught state constitutional law at the University of Missouri Law School and was responsible for constitutional litigation at the Missouri Attorney General’s Office. In these interviews, he helped explain how the Missouri constitution and statute interact to create a serious question about the

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Jim Layton Cited as a “Legal Expert” on Missouri Constitutional Question

The Jefferson City News-Tribune quoted Jim Layton, who leads Tueth Keeney’s appellate practice group, as one of the legal experts who have addressed whether new Missouri Governor Mike Parson can appoint a new lieutenant governor.   Prior to joining Tueth Keeney, Jim directed the defense of state constitution challenges for the Missouri Attorney General’s Office and taught state constitutional law at the University of Missouri Law School.   The Jefferson City News-Tribune quoted Jim Layton, who leads

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Jim Layton Contributes to 8th Circuit practice guide

Jim Layton, who leads Tueth Keeney’s appellate practice, is one of the authors of the new edition of the 8th Circuit Appellate Practice Manual, just published by MinnCLE.   Jim is the author of the chapter on the court’s jurisdiction, which addresses what kinds of appeals can be taken to the 8th Circuit.   In some earlier editions, he was the author of the chapter on administrative agency review. Jim has extensive experience with appeals in

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Student Walk-Outs: Guidance for Schools

Background School administrators know the familiar refrain that students “do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” from the Supreme Court’s precedent in Tinker v. Des Moines, 393 U.S. 503(1969).   In Tinker, students wore black armbands to school to protest the Vietnam War.   The Court overturned the school district’s decision to suspend the students, finding that their speech was protected by the First Amendment and did not “materially disrupt classwork

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Why appellate counsel?

Tueth Keeney’s Jim Layton wrote for the American Corporate Counsel Association-St. Louis on using and finding appellate counsel. As he points out, every time a matter proceeds–or may proceed–to appeal, the client chooses appellate counsel. But the choice is sometimes a passive one: leaving the matter in the hands of the trial-level lawyers alone, without considering whether that’s the best choice. Read “Hiring an Appellate Lawyer: Why and How”


Tueth Keeney lawyers have

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United States Supreme Court Ruling in Trinity Lutheran Church of Columbia v. Comer

The United States Supreme Court ruled today in Trinity Lutheran Church of Columbia v. Comer, argued in April by Tueth Keeney attorney James Layton. The case arose from the Missouri Department of Natural Resources applying Missouri’s long-standing constitutional provision barring money from the public treasury from being given to a church. Similar language is found in constitutions in most other states. Here, the constitutional language was applied to exclude the preschool ministry of Trinity Lutheran

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Missouri Supreme Court Ruling Upholds St. Louis City Minimum Wage Ordinance, but Missouri Legislature Likely to Pre-empt Ruling

February 28 Ruling is Conclusion of ~18 Months of Litigation Over St. Louis Minimum Wage

On February 28, 2017, the Missouri Supreme Court issued a ruling rejecting a challenge to the City of St. Louis’s 2015 enactment of a local minimum wage law, in the process affirming the City’s efforts to raise its minimum wage from the state minimum wage of $7.65 in 2015 to $11 per hour by 2018 through a series of annual incremental increases.

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Tueth Keeney Attorneys Author School Law 2016 Cumulative Supplement

The following Tueth, Keeney, Cooper, Mohan & Jackstadt attorneys were authors of the School Law 2016 Cumulative Supplement published by The Missouri Bar: Melanie Gurley Keeney, Michelle Hammond Basi, Lisa Berns, Celynda Brasher, Margaret Hesse, Shane Jones, Kameron Murphy and Katherine Nash. Melanie Gurley Keeney, a founding Shareholder of Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C. , practices in the areas of Employment, Immigration, and Education law. Melanie represents institutions of higher education, corporations and individuals in immigration law matters,

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