Oct 12, 2020
The American Academy of Appellate Lawyers has issued recommendations for lawyers arguing by remote video link (Zoom, Teams, Webex, etc.), prepared by the Academy’s Task Force on Remote Oral Argument. Tueth Keeney’s Jim Layton, a Fellow of the Academy, chairs the task force. The recommendations are available here https://www.appellateacademy.org/publications/Counsel_AAAL_Remote_Task_Force_Recommendations_for_Counsel_Final.pdf. The recommendations emphasize that argument by video is a new form of argument-not just a different venue for the same thing. For example, arguing counsel must consider
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Aug 19, 2020
by James R. Layton and Margaret A. Hesse Recently, researchers reported on the gender of attorneys arguing before the U.S. Supreme Court and other appellate courts. As a woman-owned law firm, those reports caught our attention. As the Missouri Supreme Court returns to oral arguments after its summer break, we contribute to that growing body of articles with a look at the gender of those who argue before that Court.
Women on the bench
Before turning to who argues at
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Jul 23, 2020
by Jim Layton Governor Parson has completed action on bills passed by the 2020 Missouri General Assembly. Many of the bills the governor signed may affect Tueth Keeney clients. Among the significant provisions of those bills, most of which become effective August 28:
- The tort reform bill changes the law regarding punitive damages. It imposes new procedural requirements and a higher burden of proof, bars juries from basing punitive damage awards on harm to persons other than plaintiffs in
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Jul 22, 2020
by Jim Layton The American Academy of Appellate Lawyers, a select group of very experienced appellate advocates, has published its recommendations for appellate courts to hear oral arguments remotely. The recommendations were prepared by a task force led by Academy Fellow Jim Layton of Tueth Keeney. They were based on the remote argument experience of Academy Fellows, their colleagues, and clients. The recommendations emphasize three principles:
- That remote oral argument be used instead of submitting on the briefs cases
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May 6, 2020
Appellate advocacy has changed quickly and dramatically since the arrival of COVID-19, with courts across the country using audio and video links to hold oral arguments electronically. This week, even the U.S Supreme Court joined the movement, holding its very first telephone oral arguments””which included questions from Justice Ruth Bader Ginsburg from her hospital room, and an unprecedented number of questions from Justice Clarence Thomas, who is usually quiet during arguments. Tueth Keeney’s Jim Layton has been appointed to chair
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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
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Mar 18, 2020
Aigner S. Carr,
Celynda L. Brasher,
Elizabeth J. Mooney,
James R. Layton,
Kate L. Nash,
Kylie S. Piatt,
Laura E. Hemmer,
Lisa J. Berns,
Mandi D. Moutray,
Margaret A. Hesse,
Melanie Gurley Keeney,
Michelle H. Basi,
Veronica E. Potter Frequently Asked Questions
Coronavirus Pandemic Planning: Holding Legally Compliant Board Meetings During this Time of Uncertainty
Below, we are listing answers or guidance we are providing in response to questions we have received relating to holding board meetings during this time of uncertainty. As time progresses, we will continue to provide updates or amended guidance, where necessary.
Can we hold a meeting without having anyone physically attend the meeting? Yes. However, the manner in
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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
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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
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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
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