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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Jul 10, 2018
Jim Layton will join University of Missouri Professor Carl Esbeck on Thursday, July 12, in speaking about a religion case decided by the U.S. Supreme Court on June 4, 2018: Masterpiece Cakeshop v. Colorado Civil Rights Commission. The program is a sequel to one presented last year by Jim and Professor Esbeck regarding Trinity Lutheran Church v. Comey, which Jim argued in the U.S. Supreme Court. During his tenure as Missouri’s Solicitor General, Jim represented the Missouri
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Jun 22, 2018
Jim Layton, leader of Tueth Keeney’s appellate practice group and former Missouri Solicitor General, was interviewed this week by reporters looking at the authority of Missouri Governor Mike Parson to appoint his successor as lieutenant governor. Jim taught state constitutional law at the University of Missouri Law School and was responsible for constitutional litigation at the Missouri Attorney General’s Office. In these interviews, he helped explain how the Missouri constitution and statute interact to create a serious question about the
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Jun 7, 2018
The Jefferson City News-Tribune quoted Jim Layton, who leads Tueth Keeney’s appellate practice group, as one of the legal experts who have addressed whether new Missouri Governor Mike Parson can appoint a new lieutenant governor. Prior to joining Tueth Keeney, Jim directed the defense of state constitution challenges for the Missouri Attorney General’s Office and taught state constitutional law at the University of Missouri Law School. The Jefferson City News-Tribune quoted Jim Layton, who leads
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Mar 16, 2018
Jim Layton, who leads Tueth Keeney’s appellate practice, is one of the authors of the new edition of the 8th Circuit Appellate Practice Manual, just published by MinnCLE. Jim is the author of the chapter on the court’s jurisdiction, which addresses what kinds of appeals can be taken to the 8th Circuit. In some earlier editions, he was the author of the chapter on administrative agency review. Jim has extensive experience with appeals in
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Mar 6, 2018
Tueth Keeney’s Jim Layton wrote for the American Corporate Counsel Association-St. Louis on using and finding appellate counsel. As he points out, every time a matter proceeds–or may proceed–to appeal, the client chooses appellate counsel. But the choice is sometimes a passive one: leaving the matter in the hands of the trial-level lawyers alone, without considering whether that’s the best choice. Read “Hiring an Appellate Lawyer: Why and How”
Tueth Keeney lawyers have
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Feb 26, 2018
With what’s happening in Jefferson City, it’s a good time to review a few points about impeachment in Missouri.
- Impeachment is governed by the Missouri Constitution, not by statute.
- The specific provision is Article VI, section 1. It authorizes removal by impeachment of “[a]ll elective executive officials of the state, and judges of the supreme court, courts of appeals and circuit courts.”
- The last time impeachment was used in Missouri was the removal of Judy Moriarty as Secretary
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Feb 5, 2018
Firm Attorneys Melanie Keeney, Kate Nash, Jim Layton, Mollie Hennessee and Mollie Mohan recently presented a Legal Update for a Continuing Legal Education Program on behalf of the Association of Corporate Counsel. The program addressed: 1) MHRA liability standards, individual liability, and damage caps in light of recent court decisions; 2) issues to consider from the moment of an adverse decision (or the appeal by the opponent of a favorable decision) to denial of the
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Jan 2, 2018
Summary: The method of assembling the record for an appeal in Missouri state courts changed substantially on January 1, 2018. Tueth Keeney’s Jim Layton describes the change””and provides some hints. Appellate News: A new approach to the Missouri “legal file” Many lawyers looked past the Missouri Supreme Court’s June 30 order announcing a substantial revision of Rule 81.12, “Record on Appeal,” and a new Court Operating Rule 27.04. But starting January 1, 2018, those changes created a
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Dec 16, 2017
Effective January 1, 2018, a new Missouri rule dramatically changes the line spacing requirements for appellate briefs. The rule effective until December 31 required double spacing for everything in the brief that matters to the writer””and the reader: Rule 84.06(a) “¦ The Brief shall: “¦ (5) Be double-spaced, except that the cover, any required certificate of service, certificate required by Rule 84.06(c), and signature block may be single-spaced. The double-space rule was imposed because when brief length was regulated by
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James R. Layton
Kate L. Nash
Melanie Gurley Keeney
Mollie G. Mohan