Missouri Lawyers Media Missouri legal news and public notices

Where an employer argued that the trial court erred in dismissing its petition, which argued that the Missouri Commission on Human Rights lacked jurisdiction to issue a right-to-sue letter because the plaintiff employee’s administrative complaint was untimely, under recent case ...

Tagged with: MHRA Amendments Right-To-Sue Letter timeliness

Plaintiff requested that defendant, his employer, accommodate his chronic back pain by allowing him to take time as necessary and receive 24 hours of rest between shifts. When defendant denied the request, plaintiff unsuccessfully filed suit asserting claims of failure ...

Tagged with: ADA Disparate Treatment Failure To Accommodate

Where the Department of Corrections challenged a jury verdict against it in a retaliation case, the trial court did not err in denying the department’s motion for a credit for the punitive damages awarded in a prior case because the ...

Tagged with: credit Damages Cap Punitive Damages

Where plaintiff job applicant sued an auto-company employer for disability discrimination and retaliation under the Missouri Human Rights Act, the district court properly applied the broad range-of-jobs standard, and summary judgment for the defendant is affirmed because the plaintiff failed ...

Tagged with: disability discrimination Retaliation

Plaintiff appealed the final award denying his claim for benefits from the Second Injury Fund for hearing loss and tinnitus plaintiff alleged was caused by his exposure to industrial noise while working for the Solo Cup Company. The commission denied ...

Tagged with: Second Injury Fund Statute Of Limitations Workers’ Compensation

Where a claimant argued that he was entitled to permanent total disability or permanent partial disability from the Second Injury Fund, the judgment is affirmed because the commission did not err in concluding that he was not entitled to benefits ...

Tagged with: due process PPD SIF Liability

Plaintiff filed suit against defendants, her employer, in response to defendant cutting plaintiff’s pay and contract after experiencing budget issues. Plaintiff alleged that another male employee with similar duties received a higher salary and that defendants unlawfully changed the terms ...

Tagged with: age discrimination gender discrimination Pay Discrimination

Defendant filed an interlocutory appeal of the district court’s ruling that interpreted an arbitration agreement in an employment contract between the parties. Plaintiff had sued defendant for an alleged breach of the contract. The district court ruled that the parties’ ...

Tagged with: Breach Employment Contract Order Compelling Arbitration

The NLRB sought enforcement of its order finding respondent violated the NLRA by failing to make contractually mandated pension fund contributions. Respondent cross-petitioned for review of the order, arguing the NLRB erred by failing to find that the unfair labor ...

Tagged with: Mandated Pension Fund Contributions National Labor Relations Act Timeliness of Unfair Labor Charge

Where a former employee claimed that the investment committee of the employer’s retirement savings plan breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, the employee’s allegations were insufficient to plausibly allege that ERISA fiduciaries breached ...

Tagged with: Breach Of Fiduciary Duty ERISA Failure To State Claim

Where a city employer challenged the grant of death and burial benefits under the Missouri Workers’ Compensation Act to the wife of a deceased employee, competent evidence established the required nexus between the decedent’s occupational exposure to carcinogenic fumes, smoke ...

Tagged with: Death Benefits Firefighter Decedent Occupational Disease