Apr 27, 2020
Jim Layton, who leads Tueth Keeney’s appellate practice group, presented “Preparing to Argue to Appellate Judges, From Your Home to Theirs: Remote Appellate Advocacy in the Wake of COVID-19.” Attending””by video feed””were 565 lawyers from 46 states and three U.S. territories; others have since watched a recording of the program. The program was presented by the National Attorneys General Teaching and Research Institute (NAGTRI), for which Jim is a regular instructor. Appellate courts across the nation
read more
Feb 18, 2020
Today Jim Layton of Tueth Keeney filed a brief for the Missouri Organization of Defense Lawyers (MoDL) as amicus curiae (“friend of the court”) in the Missouri Supreme Court in Moore v. Bi-State. The question before the Court is whether caps on damages that apply to most Missouri political subdivisions””such as school districts and counties””apply to Bi-State, the entity that operates mass transit in the St. Louis area. Jim’s brief points out that the Missouri Supreme Court has consistently required
read more
Jan 29, 2020
Tueth Keeney is proud to announce the addition of two new Shareholders, Diane Metzger and Mollie Mohan, to the firm, as of January 1, 2020. Diane Metzger is a graduate of Saint Louis University School of Law (’08) and Saint Louis University (’05). She practices primarily in the area of employment-based immigration. In particular, Diane provides legal advice and counsel regarding the hiring of foreign workers and compliance with the nation’s immigration laws. Mollie Mohan graduated
read more
Jan 23, 2020
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
read more
Jan 21, 2020
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
read more
Jan 16, 2020
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:
read more
Nov 7, 2019
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
read more
Nov 6, 2019
Publisher Thomsen Reuters has released the 2019 Supplement to its Appellate Practice volume in the Missouri Practice Series, authored by Tueth Keeney’s Jim Layton. The supplement updates rules, statutes, and caselaw pertinent to practice in all Missouri appellate courts. Jim has authored the annual supplements for more than a decade. Each year he reviews all Missouri appellate decisions, compiling changes that affect what
read more
Nov 5, 2019
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:
read more
Oct 31, 2019
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
read more
James R. Layton
Diane E. Metzger
Mollie G. Mohan