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Court of Appeals, Western District

Apr 29, 2024

Civil Practice: Antitrust Violation-Non-Compete Agreement-Settlement Agreement

MPHLEX, LLC v. Sovereign International, Inc. (MLW No. 81418/Case No. WD86444 – 13 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Jackson County, Zhang, J. (Patrick J. Doran, Anthony Pontier and William J. Hudnall, Kansas City, MO for appellants) (Douglas M. Weems, Angus W. Dwyer, Brian T. Bear, Madison Perry and Blake D. Smith, Kansas City, MO for[...]

Apr 29, 2024

Administrative Law: Public School Charter-Revocation Standing

Genesis School, Inc. v. Missouri State Board of Education (MLW No. 81417/Case No. WD86457 – 22 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Cole County, Walker, J. (Charles William Hatfield, Alixandra Cossette, Alexander Clark Barrett and Hardin Thomas Haynes, Jefferson City, for respondent) (Clayton Weems, Jefferson City, for appellant).

Apr 16, 2024

Employer – Employee: Whistleblower Claim-Attorneys’ Fees-Award Multiplier

Warren-Cook v. Department of Public Safety (MLW No. 81370/Case No. WD85927 – 13 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from circuit court, Cole County, Walker, J. (J. Andrew Hirth for respondent) (Ray Rhatican for appellants).

Apr 16, 2024

Employer – Employee: Right-To-Sue Letter-Probable Cause-Authority

State ex rel. Matthew Stone v. Missouri Commission on Human Rights (MLW No. 81366/Case No. WD86214 – 12 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Cole County, Walker, J. (Jonathan Charles Berns, St. Louis, for appellant) (David Lee McCain Jr., Jefferson City, for respondent).

Apr 16, 2024

Employer – Employee: Retaliation-MHRA-Undisclosed Witness

Piers v. Department of Corrections (MLW No. 81369/Case No. WD85939 – 15 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Buchanan County, Bolander, J. (Christina J. Nielsen, Arlington, VA for respondent) (Andrew Bailey and Adam Merello, Kansas City, MO for appellant).

Apr 16, 2024

Employer – Employee: Noncompete Clause-Injunction-Attorneys’ Fees

Jefferson City Medical Group v. Brummett (MLW No. 81364/Case No. WD86589 – 23 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Cole County, Green, J. (Susan Ford Robertson, Kansas City, MO; Hallie H. Gibbs and Scott R. Pool, Jefferson City, for respondent) (David B. Helms, St. Louis; Carrie D. Savage, Kansas City, MO for appellant).

Apr 16, 2024

Criminal Law: Statutory Sodomy-Venire Panel-Refusal To Strike

State v. Pendleton (MLW No. 81368/Case No. WD86122 – 7 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Morgan County, Hamner, J. (Alex Beezley, Jefferson City, for respondent) (Katharine Patricia Curry, Columbia, for appellant).

Apr 16, 2024

Appellate Practice: Jurisdiction-Finality Of Judgment-Damages

D.W. v. Hogan Preparatory Academy (MLW No. 81367/Case No. WD86206 – 7 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Castle, J. (Daniel G. Curry, Sarah A. Brown and Anthony E. LaCroix, Kansas City, MO for respondent) (Keith A. Cutler and Dana Tippin Cutler, Kansas City, MO for appellants).

Apr 16, 2024

Appellate Practice: Inadequate Brief Living Trust Dispute

The Switzer Living Trust v. Lake Lotawana Association (MLW No. 81365/Case No. WD86307 – 15 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Jackson County, Roldan, J. (David Halphin, Independence, for appellants) (Russell Nasteff, Liberty; Nathan Day, Lake Lotawana; Amy Quinn, Liberty; Christopher Seibold, Kansas City, MO; and Jason Rew, Blue Springs,[...]

Apr 5, 2024

Unemployment Compensation: Eligibility for Benefits-Timeliness of Appeal

Porter v. Division of Employment Security (MLW No. 81334/Case No. WD85897 – 5 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from the Labor and Industrial Relations Commission (Charlotte Porter, pro se) (Bart Matanic, Jefferson City, for respondent).

Apr 5, 2024

Real Property: Zoning-Special Use Permit

State of Missouri at the Relation of: Laurie Lewis v. Board of Zoning Adjustment, Platte County (MLW No. 81330/Case No. WD86182 – 36 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from circuit court, Platte County, Fincham, J. (Michael J. Scott for appellants) (Britton L. Onge and Stephen E. Magers for respondents).

Apr 5, 2024

Insurance Law: Wrongful Death-Motion to Stay-Duty to Defend

McCrackin v. Mullen (MLW No. 81326/Case No. WD86442 – 19 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Atkins, J. (James Manning and Phillip S. Smith, Kansas City, MO and Tom Hershewe and Lauren Dollar, Kansas City, MO for respondents) (Douglas S. Beck, Sarah Lynn Baltzell and Taylor B. Markway, Kansas City, MO for appellant).

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