Missouri Lawyers Media Missouri legal news and public notices

Where a plaintiff in a disability-discrimination action challenged the grant of summary judgment to her former employer, the U.S. Department of Energy, the uncontroverted facts established that the DOE accommodated the plaintiff’s disabilities to the extent that she requested specific ...

Tagged with: disability discrimination Failure To Accommodate

Where a defendant in a case involving the sexual abuse of a minor challenged the district court’s reliance on text message conversations to show his intent to engage in sexual acts with the minor when he crossed the state line, ...

Tagged with: intent sexual abuse Text Message Evidence

Where a defendant challenged his sentence for violating the terms and conditions of supervised release, the decision to vary upward was not reversible error, and neither the record nor the court’s explanation for the sentence imposed rendered the sentence substantively ...

Tagged with: sentencing Upward Variance

Where a defendant who pleaded guilty to a firearm charge challenged his sentence as substantively unreasonable, the district court did not abuse its discretion, and there was no basis for a downward variance, so the judgment is affirmed. Judgment is ...

Tagged with: sentencing Substantive Reasonableness Variance

Where a defendant who pleaded guilty to possessing a firearm as a felon argued that the district court failed to take into account the facts that he argued in the district court and claimed that the court gave undue weight ...

Tagged with: criminal history sentencing

Where a defendant argued that his counsel was ineffective for failing to secure a plea agreement, the defendant did not show that the attorney acted unreasonably by advising his client to focus on a mental health evaluation and by failing ...

Tagged with: effectiveness of counsel Failure to Secure plea agreement

Defendant was arrested for assaulting a federal agent and damaging an aircraft in the jurisdiction of the United States after defendant opened fire on a Customs and Border Protection helicopter investigating marijuana growers. Defendant pleaded guilty to his charges and ...

Tagged with: Damaging Government Aircraft Restitution Order Timeliness of Request

Where an appellant, who achieved a reversal of convictions for federal gambling and money-laundering, petitioned for a second time for a certificate of innocence, the second petition is barred by the doctrine of res judicata, so the judgment is affirmed. ...

Tagged with: Certificate of Innocence Res Judicata Successive Petition

Plaintiff, a commercial-printing company, purchased a commercial-grade printing press from defendant. Four years after the purchase, plaintiff filed suit, asserting a claim of fraud against defendant. Plaintiff alleged that the printing press had neither the speed nor the durability defendant ...

Tagged with: Breach of Representations fraud Printing Press

Where appellant challenged the dismissal of his pro se civil rights action, the dismissal was proper, so the judgment is affirmed. Judgment is affirmed. Sayen v. Schurrer (MLW No.74466/Case No. 19-2360 – 2 pages) (U.S. Court of Appeals, 8th Circuit, ...

Tagged with: Dismissal Pro Se Action

Where plaintiff, who invested in an ERISA plan, argued that a service provider to the plan violated ERISA, the district court erred in finding that the provider was not a fiduciary when it set the composite crediting rate, so the ...

Tagged with: ERISA Fiduciary