Appellate

The Missouri Supreme Court will consider whether a disability rating for purposes of workers’ compensation is relevant to an employee’s claims of disability discrimination under the Missouri Human Rights Act. A trial court permitted the employee to present evidence of his permanent partial disability to support his claim that the employer discriminated against him due   …read more

The Missouri Supreme Court will be considering whether an employee who is legally blind can be compelled to arbitrate claims against her employer when she alleges that she did not see or sign the arbitration agreement. A trial court and the Western District ruled that the employee did not have to arbitrate her claims. The   …read more

The Missouri Supreme Court issued two decisions on February 26, 2019, relating to sex or gender discrimination claims brought under the Missouri Human Rights Act (MHRA).   In Lampley v. Missouri Commission on Human Rights, SC 96828, the Court held that a gay man’s claim that he was discriminated against for failing to display “stereotypical” male   …read more

On November 20, the Missouri Supreme Court issued its decision in State ex rel. PPG Industries, Inc. v. McShane, SC97006, finding that a publicly-available website is insufficient to give Missouri courts jurisdiction over an out-of-state corporation. The plaintiff was a general contractor whose contract required application of a product made by PPG, a Pennsylvania-based manufacturer.   …read more

Unifund obtained a judgment against Mr. Abright, and began collecting the judgment through garnishment of Mr. Abright’s wages.  In July 2017, after no payments had been received for almost 10 years, Unifund filed a motion to revive the judgment. The circuit court denied that motion on the grounds that it was untimely. Unifund appealed to   …read more

Sherlock Hibbs’ will left $5 million to the University to be held in trust by the Curators and used only for certain designated purposes.  Hillsdale College sued the Curators in St Louis County, alleging that the Curators were not complying with the trust’s terms.  The only basis for bringing suit in St. Louis County is   …read more

On September 18, 2018, just hours after oral argument, the Court of Appeals affirmed the circuit court’s dismissal of a lawsuit seeking to prevent voters from making a decision in November on Amendment 2, relating to medical marijuana. CVDL represented the campaign committee, New Approach, in the circuit court and on appeal. If adopted by   …read more

The Missouri Court of Appeals ruled on April 24, 2018 that our client can proceed in court on her claims of employment discrimination.  The employer had moved to compel arbitration in the case, saying that the employee had signed an arbitration agreement when she was hired.  The employee, who is blind, argued that she had   …read more

On March 6, 2018, the Missouri Supreme Court issued opinions in four companion cases dealing with co-worker liability for negligence personal injury claims occurring between 2005 and 2012, Conner v. Ogletree and Evans v. Wilson, Nos. SC95995 and SC95997 (consolidated), Fogerty v. Armstrong, No. SC96030, and McComb v. Norfus, No. SC96042.  During this time period,   …read more

On February 13, 2018, the Missouri Supreme Court issued an opinion in Wieland v. Owner-Operator Services, Inc., No. SC 96210, that clarifies the differences between arguments that a jury instruction was not submissible versus an argument that a party’s claim was not submissible.  The case involved a suit by an employee who sued her employer   …read more