PRACTICE AREAS
Related Articles
Celynda L. Brasher Named 2025 Best Lawyers® “Lawyer of the Year” in the St. Louis Area
Aug 15, 2024
Tueth Keeney Cooper Mohan & Jackstadt P.C. attorney Celynda L. Brasher was recently recognized by Best Lawyers as the 2025 "Lawyer of the Year" for Education Law in St. Louis. Only a single lawyer in each practice area and designated metropolitan area is honored...
9 Tueth Keeney Lawyers Recognized as Best Lawyers® Award Recipients
Aug 15, 2024
Tueth Keeney Cooper Mohan & Jackstadt P.C. is pleased to announce that 8 lawyers have been included in the 2025 edition of The Best Lawyers in America®. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are...
Injunction blocks Department of Education from enforcing new Title IX Regulations in Missouri
Jul 25, 2024
On July 24, 2024, Judge Rodney Sippel of the United States District Court for the Eastern District of Missouri entered a preliminary injunction in State of Arkansas et al. v. U.S. Dept. of Education et al., blocking the Department of Education from enforcing the...
New Injunction on Title IX Regulations Has Wide Ranging Application and Complicates Enforcement by Department of Education
Jul 9, 2024
On July 2, 2024, Judge John Broomes of the United States District Court for the District of Kansas entered a preliminary injunction in State of Kansas, et al. v. U.S. Dept. of Education et al., blocking the Department of Education from enforcing the recently released...
Ian Cooper Selected as a 2024 ICON Honoree by Missouri Lawyers Media
Jun 13, 2024
Missouri Lawyers Media honored Ian Cooper at its annual ICON awards luncheon on June 13, 2024. Ian was recognized for his long and distinguished career and for his longstanding commitment and contribution to the legal profession. Ian P. Cooper is a founding...
Department of Labor Issues Rule Raising Salary Level for Exempt Employees
May 8, 2024
On April 23, 2024, the United States Department of Labor (DOL) released its final rule increasing the minimum salary requirements for exempt (sometimes referred to as “salaried”) employees employed in a “bona fide executive, administrative, or professional capacity...
Appellate Practice
Our Law Firm is Different by Design
The Tueth Keeney Appellate Practice Group provides clients with highly sophisticated and experienced representation before state and federal appellate courts on a wide range of issues impacting businesses, individuals, government entities, and educational institutions. We assist clients in navigating challenging strategic questions about whether, when, where, and what to appeal – and how to respond to an appeal filed by someone else. We carefully evaluate statutes, constitutional provisions, and judicial precedents in order to craft and present written and oral arguments in appeals that involve especially complex legal issues. We represent not just parties to appeals, but as counsel amicus curiae – “friend of the court”- we assist others who want to persuade courts to rule in a way that protects broader interests. And we are available to assist other attorneys with oral argument preparation and with briefing significant appeals.
Our Appellate Practice Group is led by James (“Jim”) Layton – Missouri’s first Solicitor General, the State’s principal appellate lawyer who has personally argued more than 90 cases in the Missouri Supreme Court and four in the United States Supreme Court. Members of the Group have handled hundreds of appeals, including appeals in all districts of the Missouri Court of Appeals; the Missouri Supreme Court; the Illinois Appellate Courts; the Illinois Supreme Court; the Seventh, Eighth, and District of Columbia United States Circuit Courts of Appeals; and the Supreme Court of the United States.
Appeals handled by members of our Appellate Practice Group have dealt with a wide range of issues, from contractual disputes, to school funding, to challenges to the constitutionality of statutes and policies, and to complicated revenue and tax disputes. Among the appeals we have handled for our clients are:
Federal appellate courts:
- Trinity Lutheran Church of Columbia, Inc. v. Comer, ___ S.Ct. ___ (U.S., June 26, 2017), 788 F.3d 779 (8th Cir. 2015), regarding Missouri’s constitutional provision barring the State from giving tax funds to churches.
- K.T. v. Culver-Stockton College, ____ Fed.3d ___ (8th Cir., Aug. 1, 2017), regarding a college’s Title IX liability for injury suffered by a prospective student visiting campus.
- Vance v. Ball State University, 133 S.Ct. 2434 (2012), as counsel for amici regarding the definition of supervisor under Title VII.
- Missouri Director of Revenue v. CoBank ACB, 531 U.S. 316 (2001), regarding taxation of a federal instrumentality.
- Hatcher v. Board of Trustees of Southern Illinois University, 829 F.3d 531 (7th Cir. 2016), regarding proof of pretext in a gender discrimination case involving denial of tenure.
- Southern Wine & Spirits of Am., Inc. v. Div. of Alcohol & Tobacco Control, 731 F.3d 799 (8th Cir. 2013), regarding state regulation of liquor wholesalers.
- Smith v. ConocoPhillips Pipe Line Company, 801 F.3d 921 (8th Cir. 2015), regarding class certification of property damage and medical monitoring claims.
- Christian Legal Society v. Walker, 453 F.3d 853 (7th Cir. 2006), regarding First Amendment expressive association claims.
Missouri appellate courts:
- Doe v. St. Louis Cmty. Coll., ___ S.W.3d ___ (Mo. Ct. App. E.D. July 11, 2017), regarding Missouri community college tuition rules and immigration status.
- Tivol Plaza v. Missouri Commission on Human Rights, ___ S.W.3d ___ (Mo. 2017) (pending), regarding the scope and timeliness of complaints made to the Missouri Commission on Human Rights.
- Southwestern Bell Telephone Company v. Director of Revenue, 454 S.W.3d 871 (Mo. 2015), regarding the effect of a corporate reorganization on franchise tax liability.
- Breitenfeld v. School Dist. of Clayton, 399 S.W.3d 816 (Mo. 2013), regarding the application of Missouri’s “Hancock Amendment” to transferring school students.
- Manzara v. State, 343 S.W.3d 656 (Mo. 2011), regarding standing to challenge tax credits.
- School Dist. of Kan. City v. State Of Mo., 317 S.W.3d 599 (Mo. 2010), regarding the relationship between Missouri’s “Hancock Amendment” and payments to charter schools.
- Keveney v. Missouri Military Academy, 304 S.W.3d 98 (Mo. 2010), regarding the rights of contractual employees to assert wrongful discharge claims.
- Committee for Educational Equality v. State, 294 S.W.3d 477 (Mo. 2009), regarding Missouri’s “foundation formula” for public schools.
- Public Communications Services, Inc. v. Simmons, 409 S.W.3d 538 (Mo. Ct. App. W.D. 2013), regarding competitive bidding of a contract for telephone service.
- Degraffenreid v. State Bd. of Mediation, 379 S.W.3d 171 (Mo. Ct. App. W.D. 2012), regarding a union election for personal care attendants
- State v. Nationwide Life Ins. Co., 340 S.W.3d 161 (Mo. Ct. App. W.D. 2011), regarding a breach of contract by the provider of financial services for a retirement plan.
- Massey v. Normandy Sch. Collaborative, 492 S.W.3d 189 (Mo. Ct. App. E.D. 2016), regarding school district accreditation and student transfers.
- Mo. Ethics Comm”™n v. Fountain-Henderson, 502 S.W.3d 70 (Mo. Ct. App. E.D. 2016), regarding enforcement of an investigative subpoena.
- Johnson v. State, 2001 Mo. App. LEXIS 935 (Mo. Ct. App. S.D. 2001), regarding finding someone to be a sexually violent predator.
- Eaton v. Director of Revenue, 929 S.W.2d 282 (Mo. Ct. App. S.D. 1996), regarding the forfeiture of a driver’s license for alcohol offenses.
Illinois appellate courts:
- Cheng v. Ford (Ill. App. No. 15-MR-52, Aug. 9, 2017), regarding the when a claim against a state official discharging her duties as such must be filed in the Court of Claims.
- Beggs v. Bd. of Ed. of Murphysboro Comm. Unit School Dist. No. 186, 2016 Ill. LEXIS 1502 (Ill. 2016), regarding the power of local school districts to discharge tenured teachers.
- Peile v. Skelgas, Inc., 163 Ill. 2d 323 (Ill. 1994), regarding the validity of the doctrine of intra state forum non conveniens under Illinois law.
- Carstens-Wickham v. Sedycias, 60 N.E.2d 138 (Ill. App. 2016), regarding sovereign immunity of state university employees.
Our Appellate Practice Group members include:
Jim Layton (leader)
Ian Cooper
Robert Jackstadt
Margaret Hesse
Mollie Mohan
Veronica Potter
Ian P. Cooper
Contact InformationTel: 314.880.3600 (Main)Tel: 314.880.3605 (Direct Dial)Fax: 314.880.3601Email: icooper@tuethkeeney.com Primary Address:34 N. Meramec Ave., Ste. 600St. Louis, MO 63105 Practice Areas: Bar...
Margaret A. Hesse
Contact Information:Tel: 314.880.3600 (Main)Tel: 314.880.3608 (Direct Dial)Fax: 314.880.3538Email: mhesse@tuethkeeney.com Primary Address:34 N. Meramec Ave., Ste. 600St. Louis, MO 63105 Practice Areas: Bar...
Robert L. Jackstadt
Contact InformationTel: 618.307.2009 (Illinois)Tel: 314.880.3609 (Missouri)Fax: 618.692.4122Email: rjackstadt@tuethkeeney.com Primary Address:101 W. Vandalia, Ste. 210Edwardsville, IL 62025 Secondary Address:34 N. Meramec Ave., Ste. 600St. Louis, MO 63105 Practice...
James R. Layton
Contact Information: Tel: 314.880.3600 (Main) Tel: 314.880.3619 (Direct Dial) Fax: 314.880.3601 Email: jlayton@tuethkeeney.com Primary Address: 34 N. Meramec Ave., Ste. 600 St. Louis, MO 63105 Practice Areas: Bar...
Mollie G. Mohan
Contact InformationTel: 314.880.3600 (Main)Tel: 314.880.3590 (Direct Dial)Fax: 314.880.3551Email: mmohan@tuethkeeney.com Primary Address:34 N. Meramec Ave., Ste. 600St. Louis, MO 63105 Practice Areas: Bar...
Veronica E. Potter
Contact Information:Tel: 314.880.3600 (Main)Tel: 314-880-3584 (Direct Dial)Fax: 314.880.3601Email: vpotter@tuethkeeney.com Primary Address:34 N. Meramec Ave., Ste. 600St. Louis, MO 63105 Practice Areas: Bar...