Unemployment Compensation: Notice Of Appeal – Timeliness 
Williams v. United Healthcare Services, Inc. (MLW No. 61160/Case No. ED95017 – 2 pages) (Missouri Court of Appeals, Eastern District, Richter, C.J.)
Social Security: Denial Of Benefits – Vocational Expert – Pulmonary Disorder 
Jones v. Astrue (MLW No. 61134/Case No. 09-3263 – 23 pages)
Employer – Employee: Hostile Environment – Race Discrimination – Failure To Promote 
Colenburg v. STARCON International, Inc. (MLW No. 61132/Case No. 09-2544 – 13 pages)
Employer – Employee: FMLA – Jury Instructions – Notice 
Murphy v. FedEx National LTL, Inc. (MLW No. 61150/Case No. 09-3473/3518 – 18 pages)
Employer – Employee: Discrimination – Harassment 
Fuller v. Fiber Glass Systems, LP (MLW No. 61158/Case No. 09-2732/3481/3482 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)
Employer – Employee: Discrimination – Disability – Hepatitis C 
Kirkeberg v. Canadian Pacific Railway (MLW No. 61140/Case No. 09-1422 – 15 pages)
Employer – Employee: Hostile Environment – Severity – Remedial Action 
Watson v. CEVA Logistics U.S., Inc. (Case No. 09-3322 – 17 pages)
Employer – Employee: Hostile Environment – Compensatory Damages – Sufficiency Of Evidence 
Sheriff v. Midwest Health Partners, P.C., et al. (Case No. 09-3367 – 18 pages)
Employer – Employee: FMLA – Jury Instructions – Notice 
Murphy v. FedEx National LTL, Inc. (Case No. 09-3473/3518 – 18 pages)
Arbitration: FINRA Membership – Employment Contract – Third Party 
Bank of America v. UMB Financial Services, Inc., et al. (Case No. 09-3173/3393/3449/10-1041 – 14 pages)
Employer – Employee: Wrongful Termination – FMLA – Notice 
Brown v. Kansas City Freightliner Sales, Inc., et al. (MLW No. 61112/Case No. 09-3324 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)
Accounting firm keeps award in non-compete case 
An accounting firm, which sued four former employees accused of walking out with 124 clients, may keep a $1,369,921 award, the 8th U.S. Circuit Court of Appeals has held.
The decision fine-tunes what can be considered as adequate consideration for an employee’s promise not to compete under Missouri law.
Mayer Hoffman McCann, a national certified public accounting [...]
Administrative: Nursing Home Abuse – Employee Disqualification List – Expert Testimony 
Stone v. Department of Health and Senior Services (MLW No. 61091/Case No. WD71813 – 7 pages) (Missouri Court of Appeals, Western District, Newton, J.)
Where a nurse was placed on the employee disqualification list for 18 months after the Department of Health and Senior Services found that she abused a resident of a long-term care facility [...]
Employer – Employee: Sexual Harassment – Hostile Environment – Unreported Incidents 
Cross v. Prairie Meadows Racetrack and Casino, Inc. (MLW No. 61066/Case No. 09-3427 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)
Where a casino parking valet reported four incidents of alleged sexual harassment, including that a male valet grabbed her ponytail, that he brushed something off the breast of her shirt and that [...]
Employer – Employee: FMLA – Termination – Attendance Policy 
Estrada v. Cypress Semiconductor (MLW No. 61049/Case No. 09-3005 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)
Where evidence showed that an employer would have terminated an employee for repeated violations of its attendance policy even if an absence, which she claimed was covered by the Family Medical Leave Act, was not included [...]
Social Security: Denial Of Benefits – Intellectual Functioning – Severe Impairment 
Gragg v. Astrue (MLW No. 61015/Case No. 09-3238 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Webber, J.)
Labor: Collective Bargaining – Fiduciary Duty – ‘Dovetailing’ 
Gaston, et al. v. Teamsters Local 600, et al. (MLW No. 60982/Case No. 09-3491 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.)
Negligence: Respondeat Superior – Scope of Employment 
Boudwin v. Hastings Bay Marina, Inc., et al. (MLW No. 61045/Case No. 09-3491 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.)
ERISA: Residual Disability Benefits – Amount Of Payments – Overtime 
Khoury v. Group Health Plan, Inc. (MLW No. 61009/Case No. 09-3276 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Riley, C.J.)
Employer-Employee: ADA – Accommodations 
Nyrop v. Independent School District No. 11 (MLW No. 61025/Case No. 09-2083/2084 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

