Missouri Supreme Court Quarterly Report, October 2019, Part 2: Authors and dissents

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: 6
  • Judge Breckenridge: 5

Judge Stith and Judge Powell each wrote 2 dissenting opinions. The judge who most often dissented was again Chief Justice Draper, who authored one dissent, joined 2, and dissented once without opinion (so far as I can tell from the docket). Judge Russell neither wrote nor joined a dissent.


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.