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Employment Law

Employment: Workers’ Compensation-Second Injury Fund-Statute of Limitations

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 ...

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Employment Law: Gender Discrimination-Age Discrimination-Pay Discrimination

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 ...

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Employment: Employment Contract-Breach-Order Compelling Arbitration

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’ ...

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Employment Law: National Labor Relations Act-Mandated Pension Fund Contributions-Timeliness of Unfair Labor Charge

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 ...

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ERISA: Breach Of Fiduciary Duty-Failure To State Claim

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 ...

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Workers’ Comp: Occupational Disease-Death Benefits-Firefighter Decedent

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 ...

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Employment Law: MHRA-Right-To-Sue Letter-Subject-Matter Jurisdiction

Where a trial court dismissed a defendant employer’s motion to dismiss in an age-discrimination action, agreeing with the employer’s argument that the court lacked subject-matter jurisdiction because there was not an allegation in the petition that the plaintiff had received ...

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Workers’ Compensation: Occupational Disease-Mesothelioma Liability-Out-Of-Business Employer

Where the family of an employee, who died from mesothelioma, sought workers’-compensation benefits and the employer was no longer in business, the issue of whether the insurer of a defunct employer can be liable for enhanced benefits under a new ...

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Employment Law: Discrimination and Retaliation-Consideration for Arbitration Agreement

Where plaintiff employees failed to challenge the delegation provision of the parties’ arbitration agreements, the circuit court properly sustained defendant employer’s motion to compel arbitration on the threshold question of whether adequate consideration existed to support the parties’ arbitration agreement; ...

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Employment Law: FMLA-Termination

Where a surgical technician sued her former employer for allegedly interfering with her rights under the Family and Medical Leave Act, summary judgment for the defendant was proper because the plaintiff’s evidence did not undermine or raise a genuine issue ...

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