Employer – Employee: Non-Compete Agreement - Time Restriction - Attorney’s Fees 
Paradise v. Midwest Asphalt Coatings, Inc. (MLW No. 60373/Case No. WD70944 - 7 pages) (Missouri Court of Appeals, Western District, Newton, C.J.)
Where a trial court found that a non-compete agreement was valid and that the employer had a protectable interest in its customer list, the court erroneously considered whether the employee actually solicited customers and [...]
Labor: Tort Claim – LMRA - Preemption
Holschen v. International Union of Painters & Allied Trades (MLW No. 60353/Case No. 09-1122 - 19 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)
Where a former labor organizer who was disciplined by his union following a dispute with another union member brought an action against the union alleging violations of the Labor Management Reporting [...]
ERISA: Denial Of Benefits - Long-Term Disability - Discounted Evidence
Darvell v. Life Insurance Company of North America (MLW No. 60359/Case No. 09-1058 - 10 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)
Where medical evidence conflicted as to whether a claimant of long-term disability benefits was disabled, the claimant’s plan administrator properly discounted medical evidence that was not supported by objective evidence of testing, [...]
Discrimination award tops $2M with fees, pay
A Jackson County judge ordered Union Pacific Railroad to pay more than $675,000 in attorneys’ fees and compensation to a woman who successfully sued the railroad in October for sex discrimination.
St. Louis County ordered to pay $30K for retaliation
A federal jury ordered St. Louis County to pay $30,006 to four employees who alleged the county retaliated against them after they complained of racial discrimination.
The jury, however, entered a verdict for the county on the retaliation claim alleged by a fifth plaintiff.
Two of the plaintiffs - Carolyn Betton and Jurlean Johnson - each will [...]
Unemployment Compensation - Notice Of Appeal - Timeliness
Binkley v. Benfield (MLW No. 60326/Case No. ED94190 - 2 pages) (Missouri Court of Appeals, Eastern District, Romines, C.J.)
Where a claimant of unemployment benefits failed to file his notice of appeal within 20 days of the date that the decision of the commission became final, the notice was untimely and the appeal must be dismissed.
Appeal [...]
Social Security: Denial Of Benefits - Treating Physician - Credibility
Wildman v. Astrue (MLW No. 60313/Case No. 09-1521 - 14 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)
(1)Where an administrative law judge discounted the opinion of a treating doctor for a Social Security disability claimant, the ALJ did not err because the doctor’s opinion was conclusory and cited no medical evidence and because the [...]
Employer – Employee: Discrimination - Discovery - Admissions
Quasius v. Schwan Food Company, et al. (MLW No. 60316/Case No. 09-1226 - 7 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Where a plaintiff who sued his employer for discrimination and retaliation under the ADA failed to respond to the employer’s requests for admissions, and the plaintiff made no filing with the district court [...]
Disputed arbitration contract heading back to circuit court
Continuing to work for a company does not by itself prove an employee has agreed to be bound by an arbitration agreement, a state appellate court said.
Employer - Employee: Wrongful Termination - Arbitration Agreement - Continued Employment
Kunzie v. Jack-In-The-Box, Inc. (MLW No. 60327/Case No. ED92974 - 17 pages)
Where a trial court found that an employee’s continued employment, after being presented with his employer’s arbitration agreement, constituted acceptance of the arbitration policy as a condition of employment, the judgment is reversed and remanded for an evidentiary hearing to determine whether the employee [...]