Appellate

Wilson v. City of Kansas City, SC97712: Missouri Supreme Court to consider whether an employee’s worker’s compensation disability rating is relevant to an MHRA disability discrimination claim

July 23, 2019

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

Missouri Supreme Court issues two new discrimination decisions

March 4, 2019

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

Missouri Supreme Court issues decision regarding jurisdiction of Missouri state courts over out-of-state corporations

November 20, 2018

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

Court of Appeals affirms dismissal of election challenge

September 19, 2018

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

Court of appeals rules in favor of CVDL client in arbitration case

April 24, 2018

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

Missouri Supreme Court clarifies the limits of co-worker negligence liability for workplace injuries occurring between 2005 and 2012.

March 12, 2018

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

Missouri Supreme Court upholds $3.25 million verdict against employer where defense counsel’s trial and appellate arguments did not match.

February 16, 2018

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