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

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 number of majority opinions authored so far this year are:

  • Judge Powell: 14
  • Judge Fischer: 12
  • Judge Russell: 10
  • Judge Stith: 10
  • Chief Justice Draper: 10
  • Judge Wilson: 10
  • Judge Breckenridge: 7

The judge who most often dissented was again Chief Justice Draper, who authored three dissents and joined one. Judge Powell was always with the majority. Judge Fischer concurred without opinion twice, but otherwise was with the majority.

James Layton  leads the firm’s Appellate practice group and is a member of the firm’s Commercial Litigation, Labor, and Education groups. He assists clients with analysis and presentation of complex legal issues in Missouri and federal courts, both trial and appellate. In addition to handling cases himself and with other attorneys at Tueth Keeney, Jim consults with clients on appellate strategy and assists other counsel in high-stakes, complex appeals.

Jim has briefed and argued cases before the U.S. Supreme Court and before all Missouri appellate courts””including more than 90 cases before the Missouri Supreme Court. He has represented clients in U.S. district courts and in Missouri circuit courts from Jackson County to the City of St. Louis. He has extensive experience with government-related litigation and state taxation disputes. Jim is a fellow of the American Academy of Appellate Lawyers, a past president of the Bar Association of the U.S. Court of Appeals for the Eighth Circuit, and a past chair of the American Bar Association’s Council of Appellate Lawyers. He is a frequent speaker in the areas of appellate practice and constitutional law, both state and federal.

Appellate Practice –  Tueth Keeney lawyers have briefed and argued hundreds of appeals, including appeals in all Missouri and Illinois state and federal appellate courts and in the U.S. Supreme Court. The Appellate Practice Group represents clients on a wide range of issues impacting businesses, individuals, government entities, and educational institutions. Tueth Keeney attorneys are also available to contribute their considerable experience (including more than 90 arguments before the Missouri Supreme Court) to appeals handled by others””strategizing, assisting with briefs, and preparing for oral argument.