Jul 22, 2019
Types of cases decided by the Court: The majority of the cases decided by the Missouri Supreme Court in the second quarter of 2019 were civil cases: In 21 opinions, the Court decided appeals in 8 criminal and 14 civil cases. Routes to the Court:
- 5 of the cases decided in the first quarter came directly to the Court on appeal (compared to 6 in the first quarter).
- 11 came via writ petitions (compared to 10).
- 6 came on
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Jul 10, 2019
During the second quarter of 2019, April-June, the Missouri Supreme Court handed down 21 opinions, deciding 22 cases””about the same as the first quarter. This first part of my quarterly report details who wrote the Court’s opinions, and how long the Court took to issue opinions. Who:
- Judge Powell was again the most prolific writer: he authored 4 majority and 3 other opinions. At the other extreme, Judge Wilson authored just 1 opinion””for the majority.
- The judge who most
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Apr 25, 2019
Types of cases decided by the Court. The majority of the cases decided by the Missouri Supreme Court in the first quarter of 2019 were civil cases: The Court decided 3 criminal cases and 1 discipline matter; the other 20 cases were civil. Routes to the Court.
- 6 of the cases decided in the first quarter came directly to the Court on appeal.
- 10 came via writ petitions.
- 8 came on transfer from the Court of Appeals””3
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Apr 11, 2019
During the first quarter of 2019, January-March the Missouri Supreme Court handed down 21 opinions, deciding 24 cases. This first part of my quarterly report details who wrote the most opinions, and how long the Court took to issue opinions. Who:
- Judge Powell was the most prolific writer: he authored 5 majority and 3 other opinions. At the other extreme, Judge Breckenridge authored just 1 majority opinion and 1 concurring opinion.
- The judge who most often authored or joined
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Mar 20, 2019
In a decision handed down March 19, 2019, a unanimous Missouri Supreme Court clarified and applied the doctrine of “judicial estoppel.” “Judicial estoppel is invoked to protect the dignity of the judicial proceedings and to prevent parties from playing fast and loose with the judicial process by taking inconsistent positions in two different proceedings,” the Court said. This was the first time the Court has addressed judicial estoppel since the U.S. Supreme Court considered and endorsed it in a 2001
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Mar 1, 2019
In two decisions handed down on February 26, 2019, the Missouri Supreme Court waded into two questions under the Missouri Human Rights Act (MHRA): whether sex stereotyping is enough to constitute a claim under the MHRA, and whether a student transitioning from female to male can insist on access to restrooms and locker rooms reserved for males. The court also waded into a question of proper procedure under Missouri administrative law. But in no respect did the Court””or at least
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Feb 15, 2019
On February 13, 2019 the Missouri Supreme Court granted a writ of mandamus ordering a circuit judge in Boone County, Missouri to finally act in a case briefed and argued by Jim Layton, who leads Tueth Keeney’s appellate practice. The argument last September was Jim’s 93d appearance before that court.
Jim’s client, Jennifer Henderson, has been attempting for more than three years to challenge a December 2015 election establishing aread more
Jan 17, 2019
Five areas in which Tueth Keeney attorneys have particular expertise””employment, higher education, and immigration, as well as trial and appellate litigation””intersected in an unusual set of facts addressed by the Missouri Supreme Court on January 15, 2019. The case was Kader v. Board of Regents of Harris-Stowe University. Professor Kader, an Egyptian national, was teaching at Harris-Stowe University using a J-1 visa””which the court describes as “a non-immigrant visa for individuals approved to participate in work- and
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Oct 16, 2018
In the September-October issue of The Journal of the Missouri Bar, Jim Layton, who leads Tueth Keeney’s appellate practice, writes about changes in the rules regarding appeals in Missouri courts. Jim serves on two of the groups that proposed the changes to the Missouri Supreme Court: the Supreme Court’s Appellate Practice Committee, and the Office of State Courts Administrator’s Efiling Rules Task Force. Jim highlights three changes:
Jul 17, 2018
Today the Missouri Supreme Court overruled both the Missouri Public Service Commission and the Missouri Court of Appeals, Western District, in a victory for a company trying to build a transmission line to carry wind-generated energy from western Kansas to Missouri and to states farther east. Concluding that it was bound by a recent decision by the Western District, the PSC refused a certificate of need for the project. Jim Layton, head of Tueth Keeney’s appellate practice group, teamed up
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James R. Layton
Michelle H. Basi
Mollie G. Mohan