Where a petitioner sought a full order of protection for her children against their father, the petitioner was exempt from payment of the appellate court docket fee since the court holds the fee to be a “filing fee,” and the ...Read More »
(1)Where a city sought judicial review of a boundary commission’s denial of an annexation proposal and the parties disputed whether the commission’s action should be reviewed as a contested or noncontested case, the proceeding was properly classified as noncontested because ...Read More »
Where a hospital appealed a determination that nurses were eligible for unemployment benefits while they were on strike, a Missouri statute providing unemployment benefits to employees who strike when the employer has committed an unfair labor practice is not ...Read More »
(1)Where a male waiter who alleged sexual harassment by a male restaurant manager brought discrimination claims against his employer and won a $60,000 jury verdict on a constructive discharge claim as well as a verdict declaring the employer liable for ...Read More »
(1)Where the state introduced evidence of defendant’s drinking in a voluntary manslaughter trial and the trial court gave the voluntary intoxication instruction to the jury, there was adequate evidence of intoxication to support the instruction, which was necessary to help ...Read More »
Where employees of a juvenile office challenged their statutory exclusion, as employees subject to hiring, supervision and firing by court or juvenile officer rather than by the county, from membership in the County Employees’ Retirement Fund, the eligibility requirements did ...Read More »
Â Where a daughter signed an arbitration agreement on behalf of her mother who was moving into a nursing home, the arbitration agreement did not prevent the woman’s son or daughter, who signed the agreement pursuant to a power of ...Read More »
Where a mentally and physically disabled woman whose mother received benefits for her care under the Personal Care Assistance program appealed the termination of the benefits when the statute was changed to exclude individuals with legal guardians, the new statute ...
Tagged with: AdministrativeRead More »
Where a district court remanded an ERISA case for the plan administrator to consider generic medical exhibits submitted by the claimant, the plan administrator opened the door by suggesting remand, so the court did not abuse its discretion by accepting ...Read More »
Drug Charges Sufficiency Of Evidence Sentencing Â Where witness testimony established that defendant made numerous drug deliveries, collected money and sold cocaine and an officer testified that defendant’s knowledge of a drug conspiracy’s dealings was more than that of a ...Read More »
Where inmates sued under the Free Exercise clause claiming the prison’s limitation on their observance of a Wiccan religious holiday to three rather than eight hours was unconstitutional, the inmates failed to offer any evidence that the time limitation significantly ...
Tagged with: ConstitutionalRead More »